Terms and Conditions
These terms and conditions of business apply to all dealings between Modelbank (Modelbank) and you (you), the client (Client) and shall prevail unless otherwise agreed in writing. No variation shall be made to these terms without the prior written consent of a Director of Modelbank. These terms are intended for Clients only and do not relate to talent agency agreements between Modelbank and talent.
These terms govern the booking and use of our talent. All sums quoted exclude GST and where charges attract GST this will be added to the invoice and shall be payable by the client.
You will adhere to minimum rates of pay, conditions and performers entitlements as per those set down from time to time by Media Entertainment and Arts Alliance (MEAA) and the NSW Department of industrial Relations.
While we endeavour to provide accurate information on talent, both in terms of their qualifications and experience. This information is based on details supplied to us. To the extent permitted by law no responsibility will be accepted by Modelbank for errors or omissions or for misleading or inaccurate information given to us by the talent or other sources. It is you, the Client, who must satisfy yourself as to the suitability, qualification and ability of the Talent and you will make the final decision on employment. We make general inquiries as to the Talents's health but do not carry out medical examinations. We are not responsible for obtaining work permits or other permits. To the extent permitted by law, Modelbank shall not be liable for any damage, costs or loss either directly or indirectly howsoever caused arising out of or in connection with the introduction of talent to your organisation or as a result of a talent's employment.
All fees we charge are payable strictly within 7 days of invoice. If out of pocket expenses such as advertising, travel or accommodation are incurred at the clients request these will be invoiced at cost. Goods and Services tax shall be added to our invoice in accordance with legislation.
If you are deducting tax from performers pays then it is your responsibilty to ensure that Tax File Number Declaration (TFND) forms are available on the first day of production and performers are encouraged to complete the forms. Should Modelbank need to organise completed TFND forms from performers then a fee of $20 per form will be charged.
These Terms shall be construed in accordance with the law of NSW, Australia and the Courts of NSW, Australia shall have exclusive jurisdiction. You, the Client, agree to be bound by these terms of business and to our fee scale by agreeing to engage a Talent introduced by us. You agree that the fee for service is deemed to be owed, and such fee becomes payable, at the point when you agree, either orally or in writing, to engage the talent in any role.
All information provided to you by Modelbank is to be held as strictly confidential and may not be divulged to a third party. You agree you will not introduce a Talent that we have introduced to you to a third party.
All hours worked by the Talent shall be paid by you, the Client to Modelbank at the Hourly Charge rate of Modelbank as advised to you and these sums shall be paid in accordance with these terms and conditions and the credit terms specified above.
Any out of pocket expenses agreed such as advertising, travel, accommodation or subsistence shall be itemised and charged in our invoice in addition to the Hourly Charges. The Hourly Charges shall be increased to the agreed Overtime Rate as agreed for each Talent which will be in the same ratio as the normal Hourly Rate e.g. if the overtime rate is at "time-and-a-half" then the client shall be invoiced at one and a half times the agreed Hourly Charge for that Talent.
Talent supplied by Modelbank are deemed to be under the direction, care and control of you, the Client throughout the period of the assignment including travel to and from the place of work. The Client indemnifies and accepts responsibility for any acts or omissions in connection with the Talent as if you, the Client employs the Talent. You, the client shall comply with all regulations and legal requirements as though the Talent was an employee of you, the Client and you indemnify Modelbank in respect of any and all liability in regard to such non-compliance by you, the Client.
You, the Client shall be responsible for ensuring the deduction and payment of any statutory contributions including Payroll Tax and Superannuation where applicable. You, the Client are also responsible for ensuring that you maintain all relevant and statutory insurances and maintain a safe working environment.
