Terms and Conditions
The Models MGMT Pty Ltd (Agency) is engaged by talent/models to be their representative within the fashion industry and has the talent/models written permission to enter into contracts with any and all clients on their behalf.
Complying with the Australian Taxation Office’s (ATO) “PAYG Withholding Guidelines for Performing Artists” the client is defined as the ‘end-user’ and the Agency is an “intermediary” (As per “Superannuation Guarantee Ruling SGR 2005/2”.
A contract is formed between the client (yourself) and the talent/models when a booking is confirmed with the Agency either written, written and partly oral or wholly oral.
At no time is there an employer / employee relationship between The Models MGMT Pty Ltd and talent / models.
The Models Pty Ltd is entitled to raise invoices and collect monies on behalf of the talent / models, even though the contract exists between the client and talent / models.
CONFIRMATION OF BOOKING
It is required that the Agency’s booking confirmation form, containing the specific terms of the booking, must be signed and returned by the client. The signed booking confirmation form together with these terms and conditions shall form the agreement between the parties relating to each booking. Unless and until the booking confirmation form is signed by the client all negotiations relating to the booking of the model are subject to contract.
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 the Agency and the client.
Any amendment and / or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency has agreed to such amendment and / or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and / or variation has been included on the booking confirmation form.
In the event of any inconsistency or contradiction between these terms and conditions and the booking confirmation form, these terms and conditions shall prevail.
It is the responsibility of the Client as ‘end-user’ of talent / models to ensure that it is adequately covered for Worker’s Compensation Insurance to cover all talent booked at all locations (studio / location) as a result of harm or injury that may arise as a result of the engagement of talent / model services. This includes travel to and from all working locations. The Agency does not and is in no way obligated to carry such insurances for talent / models.
Quotes provided by the Agency will include shoot time only with usage quoted separately. A Booking Fee will also apply and be quoted.
All gross talent / model fees are quoted exclusive of Statutory Superannuation Guarantee Contributions. Superannuation as the obligation of the end user should be factored into any budget as an additional cost on top of any talent / model fees quoted by the Agency. Talent / Model Superannuation is accrued on any booking where the model fee exceeds $450 in the month and will be included on your invoice as an additional expense payable to the talent / model.
WORKING HOURS AND OVERTIME
Fees are charged by the day or by the hour. A minimum of 3 hours charged applies to all standard bookings. A ‘day’ is an 8-hour period (including lunch break) between 9am and 6pm (e.g. 9am-5pm or 10am-6pm).
The appropriate overtime rate is charged before 9am and after 6pm. There will be no extra charge for a shoot which finishes within 20 minutes after the booked time, on any bookings that are confirmed at the minimum 3 hours and over. However an extra full hour will be charged for any work performed by talent / models in excess of 20 minutes on these bookings. The Agency does not charge half or quarter hours. Saturdays are charged at talent / models standard hourly rate and Sundays or Public Holidays are charged at time and a half talent / models standard hourly rate.
Bookings less than the standard 3 hour minimum will be charged overtime at an extra full hour for any minutes exceeding the original booked finish time.
Any booking which is over 5 hours will be charged at the day rate as set out in the booking confirmation form.
The minimum hours talent / models must be paid for is equal to the hours confirmed at the time of booking. If a booking wraps earlier than the originally booked time talent / models must be paid for original booked hours regardless of an early completion. Overtime / Penalty rates will apply for any hours worked over and beyond the original booked hours. If client chooses to reduce hours prior to the booking commencing with less than 2 working days’ notice, cancellation fees will apply.
Any time spent by the model travelling to or from a client’s venue / location that is outside a 10km radius of the relevant CBD will be charged at talent / model’s standard hourly rate. Any travel days required will be charged at half the talent / model’s Day Rate.
When a location booking is made, a client must provide transport for the model both to the booking location and back again unless agreed otherwise. If the client fails to provide such transport then the Agency shall be entitled to re-charge the cost of the transport procured for the model on the final invoice to the client. If a model on location is prevented from returning to the CBD to work, half the daily fee will be charged to and payable by the client for each day that the model is unable to return to the CBD to work.
When a location booking is made, the client will make a health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated. The client acknowledges that at all times the model’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.
Any time spent by the model for fittings is charged at half the applicable hourly rate for a maximum of 2 fittings, with a minimum charge to the client of $50 per hour plus booking fee and GST. Any subsequent fittings will be charged at the talent / models standard hourly rate.
If client requests talent / model to have any professional service such as Manicure, Pedicure, Spray Tan, Hair maintenance done prior to the booking, appointments will be charged at half the talent / models standard hourly rate, unless specifically negotiated. The cost of the actual service will also be charged and added to the invoice for reimbursement to talent / model.
SLEEPWEAR / UNDERWEAR/ SWIMWEAR LOADING
Sleepwear is charged at time and a half of talent / models standard hourly rate. Underwear/Swimwear is charged at double time.
Additional fees are also payable for other services to be supplied by the talent / model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis between the client and the Agency.
Additional fees are payable for the right to use the talent / model’s image or reproductions / adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation form, e.g. advertising, packs, posters, showcards, billboards, record covers, swing tickets etc. For the avoidance of doubt, additional fees are payable for the right to use the talent / model’s image online or in any digital media including but not limited to Twitter, Facebook, Tumblr, Instagram, MySpace, YouTube, Flickr, Blogs or other social networking websites or media.
Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in Australia only, for the permitted use or uses or purposes agreed between the Agency and the client. Under no circumstances will each additional usage fee be less than the model’s advertised day rate as determined by the Agency unless determined otherwise by the Agency in its absolute discretion.
Additional fees are also payable, and subject always to the Agency’s prior consent, for the right to use the talent / model’s image or reproductions etc, as set out above for all known or anticipated territories other than Australia.
It is the client’s responsibility to outline full usage requirements at the time of booking. It is also the client's responsibility to ensure any creatives and brands associated with the booking are aware of these terms & conditions. Any and all additional usage must be negotiated with the Agency. The Agency reserves the right to refuse the release of images for any use for any reason including rollovers of existing print and television campaigns. Any image used without written authorisation or prior approval from the Agency will be deemed unauthorised usage and will be subject to penalty.
Clients are responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) whilst the models are providing services to the client on all bookings that are more than 5 hours in duration.
MODEL CARE AND SAFETY
Nude, semi-nude, see-through, bathing suit or lingerie photography requires the express prior written approval of the agency. The use of the model’s image must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the model. The image must not be altered or distorted.
Subject to the above restrictions, behind-the-scenes filming is permitted on condition that the model is hair-and-make-up ready. The client shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client.
Such steps shall include without limitation:
* ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
* allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
*providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he / she were an employee of the client;
*ensuring that all of the people and organisations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
*ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
*ensuring that the services are delivered and the model is treated in accordance with the Code of Best Practice for Agency and Industry provided at the end of this document; and
*providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his / her privacy.
Always include a credit in the form of “model’s name” @ “The Models”, wherever a credit is applied.
Ownership of all images of the Talent / model remains with Talent / model at all times and any unauthorized use or replication of their image will be an infringement of Australian Copyright Laws. At no time does ownership of any image of the Talent / model revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Talent / model via The Agency. The photographer is not entitled to use any of the images he / she takes for any use beyond that agreed in the Agency Booking Confirmation accepted by the Client under section “Usage”. The photographer to this extent agrees to restrict use of his / her copyright, and if the Client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and to obtain their agreement prior to the commencement of the shoot.
The Talent / model reserves the right to post professional imagery taken on a booking (once officially released) on their various social media platforms and will also release the use of any imagery to The Models (and other affiliated agencies) for use on their personal pages on www.themodels.com.au and also for promotion on the various The Models (and other affiliated agencies) social media platforms. The Models request that all imagery be sent in high resolution via email once released for these purposes.
FASHION SHOWS / CATWALK
Catwalk bookings provide the client with the right to make use of a model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc) is exploited for reporting purposes only. Images may not be used for any other purpose, including but not limited to, advertising and promotion of any sponsor or third party participant in the event. The client is responsible for ensuring that all photographers present are aware of this condition and the client will procure that they abide by these conditions. If any other usage is required it must be negotiated and agreed with the Agency at the time of the booking.
TEST AND EXPERIMENTAL PHOTOGRAPHY
When the Agency agrees to allow a photographer to take test or experimental photography the photographer is not entitled to use, or allow others to use, test and/or experimental photographs or test commercials for commercial purposes unless specific arrangements have been made before the photographic session.
SOCIAL MEDIA / INFLUENCERS / AMBASSADORS BOOKINGS
If a Client requests that Talent support their product on social media, the following is understood:
always retain creative control and will choose what images they post
and when they will post them. The post may include an agreed hashtag,
such as the Client’s product name or similar. The Client has the right
to request certain wording in any paid post, but the final wording and
image choice remains the right of the account holder. It is agreed that
if the product in question is visible or mentioned in the post, and the
main requested hashtag is used, then the Talent’s obligations are met.
At no time does the creative control belong with the Client.
Unless otherwise agreed in the booking confirmation form the model is supplied to the client by the Agency on a non-exclusive basis and the model shall be free to provide similar and / or competing services to any third party and / or competing product or brand of the client. An additional fee will need to be agreed when the use of the model’s image or the service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the model’s image for competing and / or particular sector of products or within a particular territory. A model can supply services to and allow use of the model’s image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client’s responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.
PROVISIONAL BOOKINGS / HOLDS
Provisional bookings / Holds 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.
Cancellation of booking by the Client
Within 24 hours of the booking call time the full booking fee will be charged and payable by the client.
Outside 24 hours but within 48 hours of the booking call time of the booking date then half the booking fee will be charged and payable by the client.
The full booking fee will be charged and payable by the client for bookings of more than three days duration: within a period equal to or less than the length of the booking, then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
On arrival of the Talent / Model at the booking / job location a cancellation fee of full payment of the booking will be charged to the client.
Cancellation of booking by the Agency
Should the Agency want to cancel a booking then it shall use reasonable endeavours to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and / or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. In any event the Agency shall be entitled to cancel a booking at any time and for any reason prior to the booking date without liability to the client and the client will procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Agency shall not be liable to the client for any costs incurred as a result of such cancellation.
Weather related cancellations
On the first occasion of cancellation half the booking fee is charged and payable by the client unless the client fails to cancel in time to prevent the model’s attendance in which case the full booking fee is charged and payable by the client. On the occasion of the second cancellation and any subsequent cancellations the full booking fee is charged and payable by the client.
AGENCY SERVICE FEE
The Agency Service Fee (ASF) is a mandatory charge on all bookings made with the Agency for all Talent / models and is not a negotiable fee for the purposes of making a booking. The ASF is calculated at 15% (GST exclusive) of the Total Artist Rate for all jobs (including usage fees). When GST is added, at 10%, the ASF percentage, including GST, is 16.5% of the Total Artist Rate / Fees.
ASF applies to both cash and contra bookings.
On all invoices payment is required to be made by the client within 14 days of the date of the invoice. A finance charge of 3% per month will be charged on all invoices that are fall overdue of 14 days from the date of invoice. Should any invoices remain outstanding, The Models 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 client will pay a finance charge for late payment of 20% of all outstanding amounts.
In all cases, the person booking the model is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. The Agency reserves the right in its discretion to invoice the ‘ultimate client’, (e.g. designer / manufacturer/owner of the product in question). For example, this may be done if the client is booking on behalf of the ultimate client, in which case the client and the ultimate client are jointly and severally liable to pay all of the fees and settle the invoice accordingly. All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Agency specifically agrees otherwise, in writing, no usage for the model’s image is permitted until the Agency has received payment in full. The agency reserves the right to alter payment terms if it deems appropriate, prior to booking.
If the client fails to pay in full, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and Solicitor’s costs.
In the event that the client is providing the services on behalf of or to a third party end user, in entering into these terms and conditions the client is acting in its capacity as the agent of the third party end user and the client shall ensure that the third party end user:
* enters into an agreement with the client on the same terms as these terms and conditions;
* acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 14 days of the date of any invoice received from the Agency; and
* acknowledges that the third party end user may not use the images until payment is received by the Agency and that at all times the third party end user is subject to any restrictions as to use of the images including but not limited to territorial restrictions and restrictions as to media in which the images may be used.
The client warrants and represents to the Agency that:
* it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;
* the booking form is executed by a duly authorised representative of the client;
* it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws and good industry practice
* it has all necessary permits, licences and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect from time to time); and
* it will promptly disclose to the Agency in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable the Agency to ensure that the model is suitably prepared and able to perform the services.
CONTRACT AND AUTHORITY
All matters relating to the use of the model’s image, any other services supplied by the model and all fees must be negotiated and agreed only with the Agency. The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or the Agency unless and until it is agreed in writing by the Agency (such agreement to be determined in the Agency’s absolute discretion).
COMPLAINTS AND DISCLAIMER
Any cause for complaint must be reported to the Agency by the client as soon as it arises. Complaints cannot be considered and / or dealt with effectively after the services have been delivered. Whilst the Agency will use reasonable endeavours to ensure that the models provide a satisfactory and efficient services to clients, as the agent, the Agency cannot be held responsible for a model’s conduct or behaviour whilst delivering the services and in this regard the Agency shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.
The Agency shall not be liable to the client for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by the Agency including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, (an “Event of Force Majeure”) and the Agency’s obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.
Code of Best Practice for both Agencies and Industry
Responsibility of clients
The expectation of any client as an organisation that employs or hires models is:
To agree to act ethically, reasonably and with the same due care and respect afforded to any organisational employee. This includes but is not limited to
• Being mindful and ensuring where possible the health and well-being of the employed model (whatever the fee) during the employed task
• To ensure that there are no injurious practices in relation to a model’s health e.g. excessive exposure (including frequency) to flash photography, over long or late days etc
• Ensuring that no illegal or unethical practices are undertaken during the working day
• That each casting and employed engagement provides a clear route for models to report, in confidence, any incidents of harassment or abuse
• That any models under the age of 16 are required a chaperone
• That in the case of minors (under the age of 18), all work and working conditions are age appropriate
• No models under the age of 16 are employed to promote age inappropriate clothing (including, but not limited to catwalks, advertising, lookbooks, ecommerce)
• Any drastic change of image is pre-agreed by the agency, ensuring authority and clear consent
• Any nudity is pre-agreed by the agency, ensuing authority and clear consent
• Suitable working conditions e.g. appropriate changing facilities, temperature control, meal breaks with nutritious food and drink, appropriate accommodation and transport provision where necessary
• That no-one in the employment of the organisation, whether full time or freelance will exert any abuse of power or perceived power
• To provide appropriate levels of insurance when the model is working under the auspices of the client either directly or through any subcontractor such as a studio, production company or photographer