Terms and Conditions for Booking Talent
Issued by Kult Models Pty Ltd ABN 97611315274 whose registered address is at 487 Elizabeth Street, Surry Hills, NSW, 2010 (the “Agency”).
1. Kult Models Pty Ltd booking form containing a link to the terms and conditions of the booking and must be signed and returned by the client. The failure to sign and/or return the booking confirmation form whilst proceeding with the booking will be deemed to be an acceptance by the client of the terms of the Agreement which shall apply to, bind the parties and govern the booking between the Agency and the client.
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 advance and confirmed such agreement by an authorised representative of the Agency signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
2. Permitted Use.
In general, as agreed in the negotiation.
3. Daily/Hourly Rate.
Booking fees are charged by the day, by the complete job / deliverables or by the hour.
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.
Will be charged at half the hourly rate.
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.
TO BE AGREED AT THE TIME OF THE BOOKING
Additional fees are payable for the right to use the photographs (or reproductions, or adaptations of, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated purposes other than the initial Permitted Use (eg Packs, Posters. Showcards, Record Covers, Swing Tickets etc). In general, the additional fees cover the right to use content as agreed at the time of booking.
Additional fees are also payable for the right to use the content (or reproductions, or adaptations of, or in conjunction with any wording or drawings: including electronic imaging) for all known or anticipated territories other than in Australia. In general, the additional fees cover the right to use one image for one year from the date of the booking, in the territory or territories agreed.
TO BE AGREED AFTER THE TIME OF THE BOOKING.
It is the client’s responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any usage which may be required or anticipated subsequent to the time of booking as per 8(a) above.
It is the client’s responsibility to notify the agent and negotiate additional fees (including extensions of existing agreements) for any territory which may be required or anticipated subsequent to the time of booking as per 8(b) above.
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 model 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 model 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.
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.
14. If a booking is cancelled within one week of the starting time the full fee will be charged unless the same model 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 models’ or agents’ control (and upon the production of the appropriate evidence) the model 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 model’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.
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.
18. Payment of the agreed fee confers the right to make use of a model’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.
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 model agent prior to the test.
21. The photographer is not entitled to use any of the images he/she takes for any usage beyond that agreed under sections 2, 8, 9 above. The photographer to this extent agrees to restrict use of his/her copyright and, if the model agency’s 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.
22. Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
23. The client is responsible for the model’s health and safety when the model is travelling, or providing services, in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model. The agent is not responsible if the model fails to attend the booking. The client is advised to insure against any losses which might result if the model does not keep a booking because of ill health or some other reason.
24. These terms and conditions for booking 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.
25. We reserve the right to charge interest on late payments.
As a supplier of services these terms and conditions 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.
Content may not be used until all fees are paid in full.
All fees are to be negotiated only with kult models pty ltd.
Whilst every endeavour is made to provide satisfactory and efficient service to our clients we cannot be held responsible for a model's conduct on an assignment.
We reserve the right to negotiate within the structure of these terms and conditions.