CLIENT TERMS & CONDITIONS
By Booking Talent through Top Models and Events the client agrees to the following Terms and Conditions.
All booking fees are negotiated with the client and are confirmed by an email quotation by a Top Models and Events Consultant.
Overtime rates apply before 9am or after 6pm on all bookings over 8 hours. Overtime rates may apply on Sundays or Public Holidays, Travel time may occur however these rates will be confirmed in the email quotation or discussed at the time of booking.
Fees for fittings are charged at half the hourly rate with the minimum 3 hour booking.
AGENCY SERVICE FEES
A standard Agency Service Fee is a mandatory charge on all bookings made with Top Models and Events for all talent and is not a negotiable fee for purposes of making a booking. The Agency Service Fee covers Top Models and Events Management’s costs for the client for specific services such as our web site, administration charges, Booker’s time, the Talent contact costs etc and is added during invoicing. The Agency Service Fee is calculated at 10% (GST exclusive) of the Total Artist Rate/Fees for all jobs.
If a booking is cancelled within one working day within the starting time the full fee will be charged unless the same model is rebooked within 24 hours in which case half the fee will be charged.
If a booking is cancelled outside the one day period but within two working days of the start time then 75% of fee will be charged.
50% of the Fee at any other time after a Confirmed Booking is made
However, if a booking is cancelled because of illness or some other reason beyond the models or agents control (and upon the production of the appropriate evidence) the model shall not be liable for cancellation charges.
Bookings of more than three days duration: if the booking is cancelled within a period equal to the length of the booking, then the full fee is charged. Saturdays, Sundays, and bank holidays are excluded from these calculation.
Weather Permitting Bookings At the first cancellation, a half fee is charged unless the client fails to cancel in the time to prevent the models attendance, when the full fee is payable. At the second cancellation the full fee is charged.
USAGE AND ADDITIONAL FEES
Where you engage our Services in relation to the provision of Talent to be photographed:
(a) You must notify TME of any intended usage before the commencement of the shoot, and
(b) You may only use photography for the purpose for which it was originally shot as advised in written correspondence.
You must not use images of the Talent in any way, including but not limited to the use of the images in advertising, promotional materials and websites, unless we otherwise agree prior to the Event. Any usage rights in relation to images of the Talent will incur additional fees, and usage rights will not be granted to you until payment in full has been received.
Usage rights will be provided on the basis of an agreed territory and use.
If you require an extension of usage rights or territory in relation to the usage rights, you must notify us of your request, and we will provide you with a quote for the relevant usage right extension.
We reserve the right to refuse the release of images for any use, for any reason, including extensions of existing print and television campaigns
All fees are to be negotiated only with Top Models and Events Management
Photographs may not be used until all fees are paid in full
Top Models and Events Management will invoice the client on the confirmation of booking - The client is to 50% upfront on the agreed value of the promotional event and the remaining 50% at the completion of the event via EFT into Top Models and Events nominated bank account or by VISA or Mastercard which incur a 2% surcharge.
If the Client fails to pay 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 or Solicitor’s costs and we may at our absolute discretion require the payment of interest at the rate of 10% per annum (calculated daily) on the amount of any amounts outstanding.
If an Event finishes earlier than specified in the Booking Form, the Event Fee remains payable. If an Event finishes later than specified overtime and/or penalty rates may apply.
Model Maintenance such as Manicures, Tanning or additional hair maintenance requests (Maintenance) will be charged as set out in the estimate, unless specifically negotiated, as well as the actual cost for the
A fee for travel time for travel outside a 30MINUTE radius of the CBD is payable by you as determined by TME unless otherwise specified there is no travel time on the initial quotation.
TOP MODELS, CLIENT AND TALENT RELATIONSHIP
Top Models and Events is engaged by the Talent as their representative and has authority to enter into contracts on their behalf.
The parties acknowledge and agree that, unless otherwise advised in writing by Top Models or the Talent
(a) you are the ‘end-user’ as defined in the Australian Taxation office’s (ATO) “PAYG withholding for performing artists” guidelines (Guidelines, the Talent is a ‘Performing Artist’ as defined in the Guidelines. Top Models is an ‘intermediary’ as defined in the ATO’s Superannuation Guarantee Ruling SGR 2005/2” (Ruling), and in accordance with the Guidelines, Top Models is entitled to collect money and raise invoices on behalf of the talent.
(b) in accordance with the Guidelines, Ruling and relevant legislation, you must withhold PAYG withholding tax at 20% from the Booking Fee, and remit such payments to the ATO, and pay the relevant superannuation guarantee charge at the rate current at the time of the provision of the Event to the Talent’s nominated superannuation fund. Top Models will provide you with tax file number and the Talent’s superannuation fund details upon request.
ON AGREEEMENT: Where you and Top Models agree we will organise the payment of PAYG withholding tax (20%) and relevant superannuation guarantee charge payments (super payment applicable if more than $450.00 per calendar month), and you will pay us the amount of such items.
Top Models and Events is not responsible if the model fails to attend the booking and is not liable for any loss or liability that may incur, not limited to personal injury and/or loss, for this reason Top Models and Events does not require, nor holds, any insurance for Top Models and Events Talent.
WARRANTIES AND INDEMNITIES
You acknowledge that you have not relied on any advice, representation or warranty given or made by us in connection with the Services and which is not expressly stated in this agreement.
To the extent permitted by law, all warranties, conditions and representations by us are excluded, and neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred, suffered or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of an Event or our provision of the Services. If a term is implied by law into this agreement and the law prohibits provisions in a contract excluding or modifying liability under that term, then such term will be included in this agreement. However to the extent permitted by law, our liability for breach of such term will be limited, at our option, to one or more of the following:
(a) the supply of the Services again;
(b) the payment of the cost of having the Services supplied again
We do not guarantee that our Services will provide any specific results.
Without limitation, we will under no circumstances be liable for any indirect or Consequential Loss you do or may suffer.
You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any:
(a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this agreement,
(b) any failure by you to withhold or pay (or pay on time) any PAYG tax or superannuation guarantee charge payments in relation to the Talent
(c) any injury caused to or by the Talent during the period in which they are engaged by you, and
(d) any other breach by you of any of the terms of this agreement.
CLIENT AND TALENT RELATIONSHIP
When contracting talent through Top Models and Events the Client understands that from this point on they will contact Top Models and Events when future work for this talent or any other talent that are managed by Top Models and Events is forthcoming. Client is not to consult with Talent direct and to ask for personal contact details.
You must not during the term of this agreement, or for a period of 6 months following completion of any Services:
(a) employ, contact, contract or hire the services of any of our employees, contractors, agents or other personnel
(b) employ, contact, contract or hire the services of the Talent either directly or indirectly other than through TME or attempt to do any of the foregoing), or
(c) induce or attempt to induce any of the Talent, our employees, contractors, agents or other personnel to terminate their agreements or contracts with us.
If there are any complaints these must be addressed as soon as possible, and in any event during the course of the Event. Once the final invoice has been sent at the completion of the event there will be no alterations or claims to the fee.
Nothing stated in this agreement constitutes you and us as partners, or creates the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party has authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as expressly provided in this agreement or authorised in writing.
We may appoint sub-contractors to perform Services under this agreement without your prior written consent.
Whilst every endeavour is made to provide satisfactory and efficient services to our clients we cannot be held responsible for a model’s safety and behaviour on an assignment