By booking Models/Talent with Modelbank (Agency), you the client (Client) agree to be bound by the following terms:
An artist engages the Agency to be their agent representative and the Agency has the Artist’s written authority to enter into contracts with any and all Clients on their behalf.
The Client is defined as the “end-user” by the Australian Taxation Office’s (ATO) “PAYG withholding for performing artists” guidelines. Web address for these ATO guidelines: www.ato.gov.au/content/20615.htm.
The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Web address for this ruling is: law.ato.gov.au/atolaw/view.htm?Docid=SGR/SGR20052/NAT/ATO/00001.
A contract is created between Client and Artist once a booking is confirmed with the Agency whether written, written and partly oral or wholly oral as stated in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2” (point 38).
In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, the Agency is entitled to raise invoices and collect monies on behalf of Artist, as an intermediary, even though the contract exists between Client and Artist.
It is the responsibility of the Client to ensure that they have adequate levels of Workers Compensation Insurance to cover all Artists used at all locations (including travel to and from a location). The Agency is not required to, nor holds, any such insurance for Artists.
Agreed Artist rates apply to shoot time only and do not include usage. All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate. In accordance with the ATO’s “PAYG withholding for performing artists”, The Agency is permitted to raise invoices to include the non-GST Artist rate component as well as the Agency’s “Booking Fee” and GST on the one invoice.
All Artist rates quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The ATO’s “PAYG withholding for performing artists” guidelines, read in conjunction with the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”, state that the “end-user” (Client) of an Artist’s services is responsible for the payment of their Superannuation at the current rate published by the ATO.
The Working Day:
Normal working hours are between 7am and 6pm, Monday to Saturday, and penalty rates apply outside these hours. For bookings over 8 hours, a guaranteed Day Rate will need to be negotiated at time of booking.
The total hours that Artist is booked for is the minimum hours that Artist must be paid for. If a job finishes prior to the originally booked time, Artist must be paid for the original hours booked regardless of whether the job was completed early. If a job takes longer than the originally booked hours then overtime/penalty rates will apply. If the total hours for a booking are reduced by the Client with less than Two Working Days Notice, cancellation fees will apply.
For regular editorial Artist rates to apply to a booking, the publication must be on sale nationally in Australia through Newsagents or Supermarkets or available by paid subscription. If this criteria is not met then full Advertorial rates will apply to the booking.
Overtime & Penalty Rates:
Overtime Rates are Time and a Half of the Artist’s normal rate before 7am and after 6pm. A special rate is negotiated after 11pm and before 6am. Saturday is at Artist’s normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Artist’s normal hourly rate.
Where a shoot may finish up to 29 minutes past the hour, half an extra hour will be billed. At 30 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for
any subsequent hours.
Fittings will be charged at half the Artist’s normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Artist’s full normal hourly rate.
Specific Maintenance Requests:
Manicures, Tanning or Additional hair maintenance requests will be charged at half the Artist’s normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested Maintenance to reimburse the Artist.
Sleepwear and Underwear:
Swimwear is charged at Time and a Half of the Artist’s normal hourly rate. Lingerie is charged at Double Time of the Artist’s normal hourly rate.
Travel time is charged at the Artist’s normal hourly rate. This applies to travel outside a 10km radius of the CBD. Travel Days are charged at half the Artist’s negotiated Daily Rate.
Usage and Additional Artist Fees:
All photography is to be used for the purpose for which it was originally shot as itemised in the The Agency Booking Confirmation signed by the Client at time of booking. It is the client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorised with The Agency prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one year from the shoot date, in Australia only, and in accordance with the usage agreed and paid for at the time of the booking. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. The Agency reserves the right to refuse the release of images for any use, for any reason, including extensions 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 legal proceedings to either cease using the image and/or to seek damages and the Agency will recover any legal fees from the Client in relation to.
Ownership of all images of the Artist remains with Artist 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 Artist revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Artist 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 The Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Fees”. 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. Photographers may not use Test Photography for any commercial purpose unless specific arrangements have been made with The Agency in writing. Photo approval for portfolio use by photographer must be attained from The Agency.
A special fee will be negotiated when the work is in conjunction with a product, which precludes work for competing products. It is the Client’s responsibility to check, at time of booking, whether any conflicting work has been previously done by the Artist. If the Artist advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
If the Client does not exercise their option to release or confirm a provisional booking, The Agency reserves the right to cancel the provisional booking, allowing any secondary or definite bookings to take precedence.
Weather Permitting Bookings:
It must be specified at the time of the booking
the type of weather required. First Cancellation – No Fee. Second Cancellation – 50% of the total Artist Fee for the booking. Third & Subsequent Cancellations – 100% of the total Artist Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.
On all bookings, if a job is cancelled: With less than Two Working Days Notice prior to the commencement of the booking, a cancellation Fee of 50% of the total Artist Fee for the booking will be charged. With less than One Working Days Notice prior to the commencement of the booking, a cancellation Fee of 100% of the total Artist Fee for the booking will be charged. On arrival of Artist at Booking/Job Location, a cancellation Fee of 100% of the total Artist Fee for the booking will be charged. For Trips and Bookings for more than three days, if the booking is cancelled within a period equal to or less than the length of the booking a cancellation Fee of 100% of the total Artist Fee for the booking will be charged.
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in Australia only. Any time extensions or territories must be negotiated at the time of the booking. No Artist may commence a television booking until the applicable MEAA contract has been completed and signed by The Agency as the Artist’s representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 30 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
Complaints & Billing Discrepancies:
Any cause for complaint should be reported to the Agency during the course of the booking.
Any claim or alteration to the negotiated fee must be notified to the Agency within 7 days of the invoice date. No alterations or amendments to invoiced rates will be accepted more than 7 days after an invoice is issued. Please Note: The Agency act solely for and on behalf of our Artist and whilst making every endeavor to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.
The Booking Fee (sometimes referred to as “Agency Service Fee”) is a mandatory charge on all bookings made with The Agency for all Artists and is not a negotiable fee for the purposes of making a booking. The Booking Fee is calculated at 15% (GST exclusive) of the Total Artist Rate for all jobs (including usage fees). When GST is added the Booking Fee percentage including GST is 16.5% of the Total Artist Rate/Fees.
Payment is required at the time of booking and prior to the Artist working unless an arrangement for credit has been made between the Client and the Agency then payment is required within 7 days from the date of invoice. In all cases the client booking the model will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking. Payment can be made by cheque (sent to our Sydney office), Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by Credit Card (Visa, Mastercard & American Express). Please not that payments made by Credit Card will incur a fee which is currently 2% for Visa and Mastercard and 5% for American Express.
If the Client fails to pay the amounts due, 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 legal costs.
Third Parties bookings:
Where a booking is made by a third party to bill to the Client and that person is not legally a subsidiary of the Client, then the person/business that makes the booking is liable for any non-payment of a booking by the Client.