Please review these terms and conditions carefully, as these Terms and Conditions take precedence over and supersede any other agreement with the Client (unless there is an express provision to the contrary in writing signed by the parties). The failure to sign and/or return the Booking Confirmation Form whilst proceeding with the booking will be deemed to be an acceptance by the client of these terms and conditions and they shall apply to and govern the booking between THEMGMT PTY LTD (“THEMGMT”) and end user (“Client”).
THEMGMT/Model/Talent/Client Relationship
THEMGMT is engaged by model/talent to be their representative within the industry and at no time is there an employer/employee relationship between THEMGMT and model/talent. As such in accordance with the Australian Taxation Office “Pay As You Go” (“PAYG”) Withholding Guidelines for performing Artists, Agents, Advertising Agencies and Advertisers, available at ATO website at www.ato.gov.au, the Client of model/talent is deemed to carry all obligations regarding PAYG tax deductions from model/talent fees and the payment of superannuation contributions applicable in accordance with current Superannuation Guarantee legislation.
Workers’ Compensation and Public Liability Insurance
The Client is responsible for the model’s/talent’s health and safety during the services and while travelling to and from the location/s where the services are provided. It is the responsibility of the Client to ensure that it is adequately covered for Worker’s Compensation and Public Liability insurances that may arise as a result of the engagement of model’s/talent’s services. THEMGMT does not and is in no way obligated to carry such insurances for model/talent.
Rates
THEMGMT will quote all model/talent rates separately. Booking fees are charged by the day or by the hour, or on an alternative basis, as notified to the Client by THEMGMT. A “day” is an 8-hour period between 9:00am and 6:00pm, including one hour for lunch. There will be no extra charge for a booking that finishes within 20 minutes after the booking time. An additional hour will be charged for any work performed by the model/talent in excess of 20 minutes after the booking time. If a confirmed booking is cancelled or postponed within 48 hours, then half the booking fee will be charged and payable by the Client. For bookings cancelled or postponed within 24 hours prior to the booking call time, the full booking fee will be charged and payable by the Client. Cancellation of confirmed trips must be made one week prior to the booking, failing which the full fee, up to a maximum of 3 days, will be charged and payable by the client.
Provisional Bookings
Provisional bookings will be automatically cancelled if they are not confirmed by the Client (by signing and returning the Booking Confirmation Form) within 24 hours of the proposed booking, unless otherwise expressly agreed in writing.
Expenses
All expenses incurred by THEMGMT on the Clients’ behalf will be charged to the Client.
Agency Service Fee
THEMGMT will charge Clients an Agency Service Fee. “Agency Service Fee” means a fee that is equivalent to fifteen percent (15%) of the model’s/talent’s total fees, which is charged for business and administrative expenses. GST will be charged on the Agency Service Fee.
Payment terms
On all invoices, payment is required to be made by the Client within fourteen (14) days from the date of the invoice. A Finance Charge (in line with the 90-day Bank Bill Rate as decided by the Reserve Bank of Australia) will be charged on all invoices that are in excess of thirty (30) days from the invoice date. THEMGMT reserves the right to turn over the Client’s account to a third party for collection. It is agreed that if the Client’s account is forwarded to a third party any cost incurred is the responsibility of the Client.
Billing discrepancy
Any discrepancy/discrepancies must be addressed immediately upon receipt of the invoice and any dispute will not be accepted after the fact. Credit Claims will not be recognised after a period of 7 days from the date of the invoice.
Exclusivity
Exclusivity is defined as the exclusive use of a model/talent’s services in association with a particular product brand at the exclusive of competing product brands. Exclusivity Fees will be negotiated in these circumstances. It is the Client’s responsibility to verify, at the time of booking, whether the model/talent has previously performed services for any conflicting product brand. If the model/talent advertises a product, she/he will be available for further competitor brands unless an exclusivity fee has been negotiated and received.
Complaints and Disclaimer
Any cause for complaint must be reported to THEMGMT by the Client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst THEMGMT will use reasonable endeavours to ensure that the model/talent provide a satisfactory and efficient service to Clients, as the Agent, THEMGMT cannot be held responsible for a model/talent's conduct or behaviour whilst delivering the services and in this regard THEMGMT shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model/talent.
Restrictions
Model’s/talent’s hair must not be coloured or cut without the express prior approval of THEMGMT and the model/talent.
Unless otherwise expressly agreed in writing (and subject to the payment of additional fees) the model/talent will not shoot in lingerie (or any form of nudity), be smoking, be drinking alcoholic beverages or wearing fur. Imagery whereby model/talent is nude, partially nude and/or wearing see-through attire, must be agreed to in writing by THEMGMT prior to the commencement of the booking and will be subject to additional fees. The model/talent image must not be used in a pornographic or derogatory manner, or in a manner that may cause ridicule or embarrassment to the model/talent, liability, damage, loss or harm. The Client will be solely responsible to ensure that any distribution, including social media distribution, of materials complies with all applicable laws and will indemnify the model/talent from all claims arising from distribution of materials.
Usage and Copyright
Model/talent images, at all times, remain the property of the model/talent. Unauthorised usage will be an infringement under Australian Copyright Law. The model/talent images do not become the property of the photographer or the Client, and any usage of such images must be agreed to by THEMGMT and will attract fees, as negotiated, on behalf of model/talent by THEMGMT. Usage rights are not granted to the Client until payment in full has been received by THEMGMT. Test photography by photographers must not be used for any commercial purpose or portfolio use by the photographer unless written agreement has been provided by THEMGMT on behalf of the model/talent. These Terms and Conditions must be brought to the attention of the photographer by the Client prior to the commencement of the booking.
Force Majuere
If the model/talent is prevented from or interfered with in any manner from performing the services because of injury, illness, bereavement or any other event outside his/her reasonable control then services will be rescheduled to the next available mutually convenient date and the model’s/talent’s non-performance will not be a breach of these Terms and Conditions. Neither THEMGMT nor the model/talent will be liable for any expenses incurred in connection with services rescheduled per this clause.
Variation
Any variation of these terms must be in writing and signed by THEMGMT. THEMGMT reserves the right to vary the Terms and Conditions from time to time.
Governing Law These Terms and Conditions will be subject to the law of, or applicable in, the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.