Terms and Conditions for Booking Talent

Issued by Kult Models Pty Ltd ABN 97611315274 whose registered address is at Suite 12, 50 Reservoir Street, Surry Hills, NSW, 2010 (the “Agency”).

1. The Kult Models Pty Ltd booking form containing a link to these Terms and Conditions (Terms and Conditions) must be signed and returned by the client (together the Agreement). If the client proceeds with the booking without signing and/or returning the booking confirmation form, the client will be deemed to have accepted these Terms and Conditions, which will govern and bind both parties to the booking.

Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless the Agency has agreed to such amendment and/or variation in writing by an authorised representative of the Agency.

In the event of any inconsistency or contradiction between these Terms and Conditions and the booking confirmation form, the Data Processing Agreement or the Privacy Policy, these Terms and Conditions shall prevail and bind the parties.

BOOKING FEES

2. Permitted Use.
The talent’s Identifying Features may be used in Content only for the purpose, in the territory and for the term as agreed at the time of negotiation (“Permitted Use”). If it is not expressly agreed, the Permitted Use shall be deemed to include the use of one image in Australia for one year after the date of booking.

For the purpose of this Agreement, the talent’s “Identifying Features” shall include but not be limited to, the talent’s face, body, tattoos, gait, voice, name, signature, persona, avatar, or any personal feature, real, simulated, digitised, AI generated, or otherwise.

For the purpose of this Agreement, “Content” shall include but not be limited to any images, audio, video, biometric data, or material, digital renderings, avatars, and AI-generated or AI-amended versions thereof featuring the talent’s Identifying Features

3. Daily/Hourly Rate.
Booking fees are charged by the day, by the complete job / deliverables or by the hour.

4. Overtime.
Overtime rates apply before 9am, after 6pm and on all bookings over eight hours.
a. The overtime rate is one-and-a-half times the daily rate per hour between 18:00 and 24:00 hours.
b. A special rate is negotiated for night work between 24:00 and 09:00 hours.
c. Work on Saturdays is at one-and-a-half times the normal rate.
d. Work on Sundays and Bank Holidays is at double the normal rate.

5. Travel
Will be charged at half the hourly rate.

6. Fittings.
Fees for fittings are charged at half the hourly/daily rate.

7. Location Bookings.
When a location booking is made the client must provide information about transport there and back.

ADDITIONAL FEES

To be agreed at the time of the booking.

8(a). Grant of Rights.
Subject to payment of the agreed fees, the client is granted a non-exclusive, non-transferable, and non-sublicensable right to use the model’s Identifying Features in Content strictly for the Permitted Use.

8(b). Usage in accordance with Permitted Use.
Additional fees are payable for the right to use Content for any purpose, in any territory, or for any period longer than the agreed term beyond the initial Permitted Use.

For the avoidance of doubt, such additional purposes may include, without limitation, use of the talent’s Identifying Features or use of Content in packs, posters, showcards, record covers, swing tickets, digital media, virtual environments, extensive artificial intelligence manipulation, artificial intelligence training or outputs, and all other known or anticipated forms of exploitation.

To be agreed after the time of the booking.

9(a). Usage beyond Permitted Use.
It is the client’s responsibility to notify the Agency and negotiate additional fees for any usage which may be required or anticipated subsequent to that agreed as part of the initial Permitted Use (including, for a different purpose, for a longer term, or in a different territory).

AGENCY FEES

10. All bookings.
All bookings will be invoiced including agency fees which are 20% of the gross rate + GST, unless negotiated otherwise at the time of booking.

11. On all invoices payment is required within 14 days of date of invoice.
In all cases the person booking the talent will be invoiced and solely responsible for payment, unless otherwise agreed at the time of booking. We reserve the right to invoice the ‘ultimate client’ (i.e. designer / manufacturer / owner of the product in question). All fees are for the right to use pictures and, once agreed, are payable whether or not the use is appropriated.

12. Exclusion 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 whether conflicting work has been done. If a talent advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.

Please note the rights granted in this section are strictly subject to prompt payment in full of all fees owed to the Agency prior to the Content’s first use.

PROVISIONAL BOOKINGS

13. Provisional bookings will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed.

CANCELLATIONS

14. If a booking is cancelled within one week of the starting time the full fee will be charged unless the same talent is re-booked within 24 hours, in which case half the fee will be charged.

If a booking is cancelled outside the one-week period but within two months of the starting time then half the fee will be charged.

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 calculations.

However if a booking is cancelled because of illness or some other reason beyond the talents’ or agents’ control (and upon the production of the appropriate evidence) the talent shall not be liable for cancellation charges.

15. Weather Permitting Bookings.
At the first cancellation, a half-fee is charged unless the client fails to cancel in the time to prevent the talent’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.

MEALS

16. Clients are responsible for the provision of all nutritious meals and beverage requirements of all talent (taking into account dietary requirements) whilst the talent is providing services to the client on all bookings.

TALENT CARE AND SAFETY

17. Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the talent’s image must not be directly or indirectly scandalous, pornographic, derogatory, or a cause of ridicule or embarrassment to the talent. The image must not be altered or distorted.
The client shall be solely responsible for ensuring the talent is treated with respect and professionalism, and that all necessary steps are taken to ensure the safety, health and wellbeing of the talent is protected, at all times by the client and/or any third parties engaged by the client in relation to the delivery of the services. Such steps shall include without limitation:
– ensuring that the venue for the provision of the services and the working conditions are entirely safe and secure and maintained at a suitable temperature and allow the talent to provide the services in compliance with all health and safety best practice, standards, regulations, codes and laws; – allowing the talent to take suitable and regular rest periods, to ensure the talent is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
– ensuring that all of the third parties engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional and treat the talent in a professional and respectful manner;
– ensuring that no one imposes upon the talent any action, activity or environment which is either dangerous, degrading, unprofessional, unsafe and/or demeaning to the talent;
– ensuring that the services are delivered and the talent is treated in accordance with NSW Fair Trading Information for Performers under the Entertainment Industry Act 2013 and/or any other codes of practice or guidance issued by the Agency and NSW Government.
– providing the talent with an appropriate changing and dressing area to ensure that the talent can prepare for the provision of the services and also maintains his/her/their privacy;
and always include a credit in the form of “talent’s name” @ “the Agency”, wherever a credit is applied.

FASHION SHOWS

18. Payment of the agreed fee confers the right to make use of a talent’s services on the catwalk for the specified show and the right to use photographs and video of the show for REPORTING PURPOSES ONLY. Any other usage must be negotiated at the time of the booking.

VIDEOS

19. All fees will be invoiced to the record company. For all videos the normal daily rates will apply plus a buy-out to be negotiated.

TEST & EXPERIMENTAL PHOTOGRAPHY & TV COMMERCIALS

20. A photographer or client is not entitled to use test and/or experimental photography or test commercials for commercial purposes unless specific arrangements have been made with the talent agent prior to the test.

COPYRIGHT

21. The photographer is not entitled to use any Content he/she takes for any usage beyond that agreed in this Agreement. 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 obtain his/her agreement to them before the shoot commences.

ARTIFICIAL INTELLIGENCE, DIGITAL MANIPULATION & NEW TECHNOLOGIES

22. Restrictions

The client and its representatives must not, without prior written consent from both the Agency and the talent:

a. digitally edit or alter the talent’s Identifying Features or Content beyond minor retouching;

b. use the talent’s Identifying Features or Content to develop or train artificial intelligence (AI) or similar technologies;

c. create or distribute any AI-generated or altered Content (including deepfakes, avatars, 3D talents, NFTs, etc.);

d. use the talent’s Identifying Features or Content for biometric purposes (such as extracting facial, voice, or other personal data);

e. share any data or information created from the talent’s Identifying Features or Content with third parties for any of the above restricted uses.

INDEMNITY FOR BREACH

23. Without prejudice to any other rights or remedies, the client shall fully indemnify and hold harmless the Agency (and its respective officers, employees, contractors, and agents), and the talent from and against all losses, liabilities, damages, costs, expenses, and claims (including full legal fees on a full indemnity basis) arising out of or in connection with any breach or alleged breach of this Agreement or the unauthorised use of the service, Content or Identifying Features.

This includes, without limitation, any fees that would have been payable for a new booking or licence, any sums paid to the Talent as a result of the breach, and all related costs.

This indemnity survives the expiry or termination of this Agreement.

COMPLAINTS

25. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

INSURANCE

26. The client is responsible for the talent’s health and safety when the talent is travelling, or providing services, in connection with the booking to the same extent as if the talent were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the talent. The agent is not responsible if the talent fails to attend the booking. The client is advised to insure against any losses which might result if the talent does not keep a booking because of ill health or some other reason.

JURISDICTION

27. This Agreement and all other matters connected with the booking are governed by NSW Law and any dispute will be settled in accordance with that law by a court in NSW.

28. We reserve the right to charge interest on late payments.

GENERAL

29. This Agreement take precedence over any terms and conditions which may be received from the client even if those terms and conditions have a clause similar to this.

30. Content may not be used until all agreed fees are paid in full.

31. All fees are to be negotiated only with Kult Models Pty Ltd.

32. The client acknowledges that whilst every endeavour is made to provide satisfactory and efficient service to our clients the Agency is not responsible or liable for a talent's conduct on an assignment.