Terms and Conditions

RAW TALENT AUS ABN 27 270 293 134

TERMS AND CONDITIONS

Raw Talent Aus/Talent/Client Relationship

RAW TALENT AUS is engaged by Talent/models to be their representative within the industry and at no time is there an employer/employee relationship between RAW TALENT AUS and Talent/models. As such in accordance with the Australian Taxation Office “Pay As You Go” (PAYG) Withholding Guidelines for performing Artists, Agents, Advertising Agencies and Advertisers, available at ATO website @ http://www.ato.gov.au/businesses/, the ‘end–user’ (Client) of Talent/models is deemed to carry all obligations regarding PAYG tax deductions from talent/model fees and the payment of superannuation contributions applicable in accordance with current Superannuation Guarantee legislation.

Workers’ Compensation and Public Liability Insurances

It is the responsibility of the Client as ‘end-user’ of talent/models to ensure that it is adequately covered for Worker’s Compensation and Public Liability insurances that may arise as a result of the engagement of Talent/model services. RAW TALENT AUS does not and is in no way obligated to carry such insurances for Talent/models.

Rates:

RAW TALENT AUS will quote all Talent/model rates separately. A minimum of two hours charged applies to all bookings. For nude or semi-nude work, minimum of double model’s hourly rate or by negotiation. Agency must clear with Talent/model before accepting any nude or semi-nude bookings. Lingerie, bras, panties, slips, pantyhose and all transparent loungewear and sleepwear are two hours minimum on set. Clients must specify type of lingerie as RAW TALENT AUS must check with the Talent/model before confirming the lingerie booking. All usage is to be negotiated separately as rates apply to shooting time only.

All gross Talent/model fees are quoted exclusive of Statutory Superannuation Guarantee Contributions. Superannuation as the obligation of the end user should be factored into any budget as an additional cost on top of any Talent/model fees quoted by RAW TALENT AUS. There will be no extra charge for a shoot which finishes within 20 minutes after the booked time. However, if the job runs 20 minutes or more into the next hour, an extra full hour will be charged for any work performed by Talent/models in excess of 20 minutes. RAW TALENT AUS does not charge half or quarter hours.

Tentative Bookings:

If the client does not exercise the option to release or confirm tentative bookings 24 hours prior to the start of the booking, other options or definite bookings could take precedence. RAW TALENT AUS has the right to cancel the booking allowing other secondary bookings to take place if the job is not confirmed in writing by way of email to rawtalentaus@gmail.com 24 hours prior to commencement of job.

Definite Bookings:

All bookings are computed on an 8 consecutive hour day (inclusive of lunch break). Before 9:00am, after 5:30pm or after 8 consecutive hours, time and one half will be charged, unless other arrangements have been negotiated. Weekend and public holiday rates are to be negotiated separately.

Cancellation:

A cancellation fee of 100% of full fee will apply if cancellation is made less than 24 hours (one full business day) prior to the commencement of job. Cancellation of confirmed trips must be made 1 week prior to the booking, otherwise the full fee will be charged up to a maximum of 3 days.

Weather Hold Days:

If weather is unsuitable for job to go ahead • First cancellation – No fee will be payable • Second cancellation – Half fee will be payable • Third cancellation – Full fee will be payable Where the same model is not rebooked all cancellations will require Full Fee Payment.

Hair / Make-up / Rehearsals / Fittings / Wardrobe Checks / Recalls:

Will be charged at the full hourly rate or as negotiated.

Travel Time:

Travel time will be charged at half the hourly rate for all work performed further than 10klms from the relevant CBD.

Meals:

Clients are responsible for model’s meals on full day location shoots and all bookings out of the metropolitan area.

Product Booking:

All product bookings are subject to negotiation. No advertising, package, poster, billboard, point of sale, hanging banner, swing-tag, metrolite, package inserts, internet or use of Talent/model’s name may be used without prior approval of RAW TALENT AUS.

Product Exclusivity and Restriction:

Talent/ Models services are supplied on a non-exclusive basis unless an exclusivity fee has been otherwise negotiated by client at time of booking and received. If a talent/model is to be excluded from performing modelling services relating to competing products or requires product/area exclusivity this will attract higher fees. It is the responsibility of the client to check all product bookings with RAW TALENT AUS for conflicts. Exclusivity fees will be negotiated in these circumstances. It is the client’s responsibility to verify, at the time of booking, whether the Talent/model has previously performed services for any conflicting product brand.

Usage and Copyright:

Talent/model images at all times remain the property of Talent/models and any unauthorised usage will be an infringement under Australian Copyright legislation. At no time does ownership of Talent/model images become the property of the photographer or the client and any usage of such images must be agreed to by RAW TALENT AUS and will attract usage charges as negotiated on behalf of Talent/models by RAW TALENT AUS.

Usage rights are limited to the specific rights granted and may not be extended without negotiation. If usage was not negotiated or approved by RAW TALENT AUS, it reserves the right to charge a penalty fee on top of the fee usually charged for that usage.

Specific types of usage such as posters, billboards, bus shelters, display cards, dump bins, metrolites, magazine inserts, swing/hang tags, show cards, packaging and social media/ internet etc. all require payment of additional fees as negotiated in addition to payment for talent/model’s shoot time. Shoots containing Alcohol, underwear, hair and beauty products are also likely to attract higher fees. Different types of usage will be negotiated separately and images taken for one type of usage may not be used for any other type of usage without prior written negotiation with RAW TALENT AUS and payment of an additional fee.

Usage rights are not granted to the Client until payment in full has been received. Any unauthorised usage of Talent/model images may be subject to legal proceedings if the matter remains unresolved.

At no time does the photographer have the right to use Talent/model images for any other purpose than has been agreed between RAW TALENT AUS and the Client. These terms and conditions of booking must be drawn to the attention of the photographer by the client prior to commencement of the shoot.

Test photography by photographers must not be used for any commercial purpose, including portfolio use by the photographer, unless written agreement has been given by RAW TALENT AUS on behalf of Talent/models.

Client Responsibility:

Disclosure of extraordinary conditions or requirements is mandatory. Client must notify the agency of double, triple or group bookings. Client must provide adequate dressing facilities on all bookings. It is the client’s responsibility to notify RAW TALENT AUS of any discrepancies upon receipt of the invoices.

Agency Service Fee & Payment Terms:

RAW TALENT AUS will charge 15% plus GST compulsory service fee on all booking and usage fees. Our terms are strictly Nett 7 days from invoice date. A finance charge of 2% per month will be charged on all invoices that are in excess of 30 days from the date of invoice. Should any invoices remain outstanding, RAW TALENT AUS reserves the right to turn over the client’s account to a third party for collection. It is agreed that if the client’s account is forwarded to a third party client will pay a finance charge for late payment of 15% of all outstanding amounts.

Billing Discrepancies:

Any discrepancies must be addressed immediately upon receipt of invoice. Credit claims will not be recognised after 7 days from invoice date.

Complaints:

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

Litigation & Jurisdiction:

All matters that may require legal determination as a result of this Agreement shall be determined within the appropriate court jurisdiction of Queensland.

Raw Talent Australia Code of Conduct:

In reference to under- age models for all forms of work – tests, submissions, editorials, fashion shows, videos, films and television commercials -. Raw Talent Aus expects our clients to adhere to the following terms:

1. No topless or nude pictures are permitted. We reserve the right to pull our model from the shoot and still charge for service rendered.

2. In case of shows, the model(s) is (are) not permitted to appear on the catwalk wearing “nude” or see through garments.

3. No pictures, videos or films depicting these models topless or nude will be permitted to enter the public domain. Any such deed will be in breach of this Agreement and will be deemed illegal.

4. Under- age models should not be offered alcohol or any form of drugs.

5. Young models should not be made to pose with male models in any sexual connotation.

At Raw Talent Aus we enjoy our working relationship with all our clients and we ask that you adhere to the above Code of Conduct to avoid complications of any kind. If you have any doubt with the above, please call us to clarify on a case by case basis.