Model/Client/Apogee Model Management:
*A model (Artist) engages Apogee Model Management (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. See “Agency” definition from Point 69 onwards.
*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 dependent on state legislation). 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 8am and 5pm, 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 Client reduces the total hours for a booking with less than Two Working Days Notice, cancellation fees will apply.
For regular editorial work 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 these criteria are 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 19 minutes past the hour, no extra hour will be billed. At 20 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. The Agency does not charge half 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.
Underwear/Implied and Nudity:
Underwear/Implied is charged at Time and a Half of the Artist’s normal hourly rate. Nudity 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 itemized in 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 authorized with the Agency prior to the booking taking place. For the avoidance of doubt, additional fees are payable for the right to use the model's image or reproductions, or 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 online or in any digital media including but not limited to Twitter, Facebook, 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 general, the confirmed booking and usage fees cover the right to use one image for the Agency 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 authorization or prior approval from The Agency will be deemed unauthorized usage and will be subject to legal proceedings.
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 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 in writing.
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 acts 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, at 10%, the Booking Fee percentage, including GST, is 16.5% of the Total Artist Rate/Fees.
Payment is required within 14 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 Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by PayPal. 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 Solicitor’s costs.
Third Parties bookings:
Where a booking is made by a third party to bill to the Client and that person is not legally associated with the Client, then the person/business that made the booking will be held liable for any non-payment of a booking by the Client.
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 Agencies 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.
Interpretation of Terms and Conditions:
For the purpose of the relationship between the client and Agency the client acknowledges, accepts and agrees that the Agency is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by the Agency and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between the Agency and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of the Agency outside these terms and conditions which have induced the client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).If there is any conflict between any of these terms and conditions and the booking confirmation form then the terms of these terms and conditions shall prevail without detriment to the remaining unaffected terms of booking confirmation form.
The booking confirmation forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the booking confirmation form.
For the purpose of these terms and conditions the words "agreed", subject to section 1, means agreed in writing in the booking confirmation form and signed by duly authorized representatives of both the Agency and the client.
If any of the terms, conditions or provisions of these terms and conditions or the booking confirmation are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Any termination of all or part of these terms and conditions shall not affect the coming into force or the continuance in force of any provision of these terms and conditions which is expressly or by implication intended to come into force or continue in force on or after such termination. Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally.
Nothing in these terms and conditions shall render any party a partner or agent of the other. Except as expressly permitted by these terms and conditions, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor pledge or purport to pledge the other's credit.
No failure to exercise and no delay in exercising on the part of either party of any right, power or privileged under these terms and conditions shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach of a provision be taken or held to be a waiver of the provision itself. For a waiver to be effective it must be made in writing.
Except as and to the extent expressly otherwise specified in these terms and conditions, the rights and remedies contained in these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law or elsewhere in these terms and conditions.
The parties agree to keep, and to instruct its agents, employees, advisers and sub-contractors with knowledge hereof to keep these terms and conditions strictly private and confidential and not to disclose any details relating to the same, subject to disclosure in the following circumstances; to enable enforcement of the party’s rights under these terms and conditions; with the prior written consent of the other party; and is required by any applicable law.
- These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.
- No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorised representative of each party.
- Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Contracts to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The client acknowledges, accepts and agrees that the Agency has entered into these terms and conditions for the benefit of itself and the Artist and accordingly the Artist shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
- The parties agree that these terms and conditions and its provisions will be governed by and construed in accordance with Australian law and the parties hereby submit to the exclusive jurisdiction of the Australian Courts.
- The Parties to this Agreement agree that the Company may enforce its rights under these terms and conditions in any other court of competent jurisdictions outside of the courts of Australia.