Model Booking Form
Model Booking Contract Terms & Conditions – Models
Steven Reid Enterprises Pty Ltd - T/A Exotic Exposure
Models/ Talent Booking Terms & Conditions
Talent/Client/Exotic Exposure Relationship:
Exotic Exposure is contracted by Talent to be their representative in the industry and at no time is the relationship one of employer/employee which is confirmed within the Australian Taxation Office's "Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers". The complete Guidelines can be viewed/ printed from the Australian Taxation Office web site. Under these Guidelines it is stated that irrespective of whether the relationship of the Talent with the Client is deemed to be that of employee or independent contractor, the "End-User" of the Talent's services (the Client) is responsible for withholding PAYG Taxes from the Talent Rates and the payment of Talent's Superannuation, in accordance with current Superannuation Legislation. Authority may be given by the Client to enable Exotic Exposure to handle the Client's PAYG Tax obligations and/or the Client's Superannuation responsibilities on their behalf. Giving Authority to Exotic Exposure does not extinguish your PAYG or Super obligations, or any other obligation that may arise under the Talent /Client relationship.
PAYG Tax & Superannuation:
It is the responsibility of the "End-User" (the Client) to withhold PAYG Tax at 20%, according to the Australian Taxation Office Guidelines noted in the first paragraph of these "Booking & Billing Terms and Conditions", from the total Talent rate for the booking. The "End-User" (the Client) is also required to pay Superannuation Guarantee Charge (SGC - currently 9%) of the total Talent rate to the Talent's nominated Superannuation Fund.
To avoid confusion when dealing with taxation issues (PAYG does not apply to Talent who are sub-contracting ABN holders), we have recommended that all artists have a registered Australian Business Number (ABN) from the Australian Taxation Office. In the event that the Artist represented by Exotic Exposure does not hold an ABN, the client is expected to supply the artist with the appropriate paperwork (Taxation Declaration Form) so as they may provide their Tax File Number (TFN), alternatively this paperwork can be supplied post-performance by Exotic Exposure.
Authority may be given by the Client to enable Exotic Exposure to handle the Client's PAYG Tax obligations and/or the Client's Superannuation responsibilities. Please contact Exotic Exposure Accounts on 1800 066 335 to obtain Exotic Exposure's standard Letter of Authority form. Please Note: If the Client gives Exotic Exposure authority to handle their PAYG Tax and Superannuation obligations, amounts for Superannuation are calculated on the total Talent rate for the booking, at current SGC percentage, and are additional to the Talent rate(s). As normal SGC conditions relate to Superannuation (monthly earnings threshold cut off, applicable on some rollovers) it is Exotic Exposure policy to ensure that an amount for Superannuation is separately indicated on each invoice raised under the Authority and it is then up to the Client's interpretation of the Australian Taxation Office Guidelines and current Superannuation Legislation as to whether Superannuation is actually paid to Exotic Exposure. If the Client interprets that Superannuation is not applicable on an invoice, Exotic Exposure will accept short payment of this invoice, by the Superannuation amount, as long as a remittance is included with the payment detailing the amount and reason for the short payment.
Insurances & Public Liability:
As Exotic Exposure at no time is deemed to employ Talent, it is the responsibility of the Client to ensure adequate levels of Public Liability Insurance exist to cover all Talent used at any/all locations (including travel to and from a location). An alternative is to include amounts paid to Talent with the Client's annual Workers' Compensation Insurance calculations so that they are then covered under the Client's Workers' Compensation Insurance policy when performing work for the Client. Exotic Exposure is not required to, nor holds, any insurance for Talent (excluding Public Liability when Talent are physically in our offices).
Employment of Children:
Artists under the age of 15 years are to be classed as "children". The employer or client is responsible for attaining the relevant permissions from the Office of The Children's Guardian at least 7 days prior to commencement of employment. The Client must keep record of all hours worked locations and particulars, the name, address and phone number of the child as well as parental details along with the agency details. The Employer must notify the OCG as to any unusual risks existing in connection with the proposed location at the point of obtaining permission for the Artist to work.
The employer must not employ the child for more than one period per day, this period being no more than 4 hours on any day in which the child is required to attend school unless otherwise cleared with the OCG. The employer or client must ensure that each child is given a 10 minute rest break every hour and 1 hour rest break every 4 hours. The employer or client is also to ensure that no child is required to start work less than 12 hours after previously finishing work. In the event the child has another booking for a separate employer, Exotic Exposure will take responsibility in separating the bookings for the two different clients at least 12 hours apart. Children may not be booked after 9pm on any day before if the child is required to attend school the following day.
The employer is responsible in ensuring that each artist is taken home after the completion of work and must ensure that the journey commences within 30 minutes after the child finishes work (this does not apply if the artist is more than 12 years and if the distance between work and home is less than 10 kilometres and if the journey can be completed by public transport within daylight hours).
For further information regarding child bookings and employment, please contact the Office of the Children's Guardian. The Terms and Conditions relating to child employment have been derived directly from the Children (Care and Protection - Child Employment) Regulation 2001, which contains and upholds all legislation under the Children (Care and Protection) Act 1987. A copy of these guidelines, regulations and the Act can be obtained through the OCG or can be provided to you by Exotic Exposure.
Releases and contracts:
Exotic Exposure's talent are informed not to sign media releases and/or any contracts unless it has been received and checked extensively via Exotic Exposure and a member of staff has read and understands the document. As talent representative Exotic Exposure has the right to sign on behalf of the talent, but insists that all contracts and releases have been received by Exotic Exposure prior to any productions.
Talent, Exotic Exposure & Client Relationship:
At no time and under no circumstances, is the talent to deal direct with the Client, vise versa. When contracting talent through Exotic Exposure the Client understands that from this point on they will contact Exotic Exposure when future work for this talent or any other talent that are managed by Exotic Exposure is forthcoming. As the talent representative, it is always imperative that all correspondence is handled through Exotic Exposure. Exotic Exposure stresses that if the Talent is waiting on payment from the Client, the Talent is never to contact the Client direct, as this is a breach of Exotic Exposure‘s working relationship with the Client. It is always advised that the client never offer the talent any contact numbers and offers them to keep in touch. Please be aware that any false information or defaming conversation regarding Exotic Exposure is a breach of the law, under the sector Defamation and will result in legal action being taken immediately. Exotic Exposure advises all talent to refrain from any further interaction with the Client and is informed to alert Exotic Exposure of any attempts.
Rates, Usage & Additional Artist Fees:
Please check Model/Talent rates when booking. The rates apply to shoot time only and do not include usage. Please note that all rates quoted are Talent rates only. Additional charges for Agency Service Fee & Superannuation (if applicable) are added at time of invoicing (see notes below on Agency Service Fee & Superannuation).
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 Talent is booked for is the minimum hours that Talent must be paid for. If a job finishes prior to the originally booked time, Talent 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 talent 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.
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 Talent may commence a television booking until the applicable MEAA contract (and/or Artist Deal) has been completed and signed by Exotic Exposure as the Talent'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. Exotic Exposure is under no obligation to extend usage other than that agreed in the contract.
Overtime & Penalty Rates:
Overtime Rates are Time and a Half of the Talent's normal rate before 7am and after 6pm. A special rate is negotiated after 11pm and before 6am. Saturday is at Talent's normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Talent'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. Exotic Exposure does not charge half hours.
Fittings will be charged at half the Talent's normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Talent's full normal hourly rate.
Specific Maintenance Requests:
Manicures, Tanning or Additional hair maintenance requests will be charged at half the Talent's normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested Maintenance to reimburse the Talent.
Sleepwear and Underwear:
Sleepwear is charged at Time and a Half of the Talent's normal hourly rate. Underwear is charged at Double Time of the Talent's normal hourly rate.
Travel time is charged at the Talent's normal hourly rate. This applies to travel outside a 10km radius of the CBD. Travel Days are charged at half the Talent's negotiated Daily Rate.
Agency Service Fee:
Agency Service Fee is a mandatory charge on all bookings made with Exotic Exposure for all talent and is not a negotiable fee for the purposes of making a booking. The Agency Service Fee covers Exotic Exposure costs for Client specific services such as our web site, couriers to Clients, administrative charges over and above Exotic Exposure Booker's time, administrative fees for PAYG Tax and administrative fees for collecting and remitting Super on Client's behalf. The Agency Service Fee is calculated at 15% (GST exclusive) of the Total Talent Rate/Fees for all jobs (including usage fees). When GST is added, at 10%, the Agency Service Fee percentage, including GST, is 16.5% of the Total Talent Fees.
Usage and Additional Talent Fees:
All photography and footage is to be used for the purpose for which it was originally shot as itemised in the Exotic Exposure Booking Confirmation signed by the Client at time of booking. It is the client's responsibility to notify Exotic Exposure 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 Exotic Exposure 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 Exotic Exposure. Exotic Exposure 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 Exotic Exposure will be deemed unauthorised usage and will be subject to legal proceedings.
Exclusivity and Buy-out Fees
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. Clients can also negotiate a buy-out of the image to use in all media's. Speak to a consultant for a quote on a buy-out. In the case that a client advises Exotic Exposure that they do not wish to book an Artist who has previously advertised with a competitor’s product, this request will be respected indefinitely.
Roll Over (Extended Usage Fees)
When the contracted period of usage is less than three (3) years, then, subject to the Agency's written agreement on behalf of the Talent, the advertising material may be used beyond the original and any further contracted period, on the provision the Talent shall be paid and additional fee equivalent (on a pro rata basis) to the original negotiated fee, such payment to be made prior to the commencement of extended use.
Where the contracted period is for 3 years then the use of the advertising material may be continued for a further period of up to 3 years subject to the fee for the further period shall be equivalent (on a pro rata basis) to the original negotiated fee, the amount is paid in full to the Talent in full, via Exotic Exposure.
Exotic Exposure has the right to withhold consent to continue using the advertising material on behalf of the Talent, on the grounds of the legitimate professional concern of the Talent. Exotic Exposure has all rights to withhold consent after payment has been tendered, in this case Exotic Exposure shall return the payment to the Client or the Client's advertising agency together with a written statement setting out the grounds of the Talents legitimate professional concern within 28 days of payment being posted.
Exotic Exposure has the right to negotiate all rollover fees and usage on behalf of the Talent and retains the right to negotiate all rollover terms on behalf of the Talent. For all Rollovers made on behalf of the Talent that are no longer contactable to Exotic Exposure i.e. ex-talent, amounts will be held on trust by Exotic Exposure and presented to the talent, by way of the Accounts System, when the ex-talent is in contact with Exotic Exposure. Please be aware that Exotic Exposure will not work as a locater for these ex-talents, as this takes crucial time away from the daily operations of the business. It is suggested that all talent are to remain in contact with Exotic Exposure in regards to any rollovers that may be forthcoming.
All Roll Over fees are to be directed to the Talent via Exotic Exposure and at no time may a client pay an Artist directly for a rollover or extended usage fee, unless Exotic Exposure has agreed to this in writing.
These rollover provisions shall operate on the expiry of each period of extended use. In the event that the roll-over option has been exercised and the advertising material is not used in any 12 months period after the initial three (3) years then the advertising material shall be used without the further consent of Exotic Exposure, via the Talent.
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. Late payment fee's will be charged at $25/week aif the payment is not paid within 7days on the invoice date. 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 or Solicitor's costs that may arise.
Price Quoting to the Talent:
At no time will Exotic Exposure quote a talent a pricing or quote before a job has been completed, invoiced and amounts have been received to the agency. Exotic Exposure feels that by informing a party of rates is to be entering into a verbal agreement. This has proved to be a problem to Exotic Exposure in the past i.e. a price was quoted to a talent and during production the client dropped usage of media in areas, this reducing the talents payment.
Ownership of all images of the Talent remains with Talent 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 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 via Exotic Exposure. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the Exotic Exposure Booking Confirmation accepted by the Client under section "Usage and Additional Talent 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 Exotic Exposure in writing. Photo approval for portfolio use by photographer must be attained from Exotic Exposure.
Exotic Exposure may use selected material for advertising and promoting our talent with the talents consent. Photographs, Footage and images of the adverting campaign may be used to promote the models and the company/brand they are representing.
If the Client does not exercise their option to release or confirm a provisional booking, Exotic Exposure 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 Talent Fee for the booking. Third & Subsequent Cancellations: 100% of the total Talent 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 Seven Working Days Notice prior to the commencement of the booking, a cancellation Fee of 50% of the total Talent 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 Talent Fee for the booking will be charged. On arrival of Talent at Booking/Job Location, a cancellation Fee of 100% of the total Talent 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 Talent Fee for the booking will be charged.