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18 Water View Walk, Docklands
Victoria
Melbourne 3008
Tel: +61 414 845 643
www.aefm.com.au
ABN 54 123 099 180

Booking Terms & Conditions

Between Australia’s Elite Fitness Models (Australia’s Elite Fitness Models, AEFM, Talent Management, Agency, Manger, We or Us) or you (Client, Company or Agent)

Definitions
A. “Talent”: A person who poses or displays themselves for art, fashion or other products or advertisements
B. “Work”: Any representation by the talent in any form of media or in person.
C. “Actor”: A person in theatre, television or film or any other medium who portrays a character
D. “Assignment”: The acting /modelling work for the defined period
E. “Commencement date”: The date on which the agreement begins.
F. “The Territory”: Any location inside or outside Australia
G. “Client or Company”: The company or agency wanting to use the talent’s skills or the talent’s image or voice for acting or modelling.
H. “Term” includes any Further Term pursuant
I. “Usage Fee” means the fee determined by Australia’s Elite Fitness Models for additional usage of images as authorised by AEFM.
J. “Job” includes but is not limited to launches, campaigns, trade shows, in-house activations, event hosting, demonstrations, television, print and outdoor campaigns.
K. “Contractor” mean individual who are represented by AEFM.

Booking or Service Fee
The “Booking Fee” or “Agency Service Fee” is a mandatory charge on all bookings made with the agency for all talent and is not a negotiable fee for the purposes of making a booking.

The agency service or service fee is calculated at 15% on the total of the job and loading for all jobs booked.

Talent Rates
A. Rates are in blocks of 2 x hours, 4 x hours or 8 x hours.
B. Overtime x 1.5 (Monday – Friday)
C. Overtime x 2 (Saturday & Sunday)
D. Nude or semi-nude x 3 Agency must clear with model before accepting any nude or semi-nude bookings.
E. Public Holidays x 3
F. A-List Model x 3
G. Sleep, Underwear and swimwear x 1.5
H. Product exclusivity. Once off payment of $2,000 (AUD)
I. AEFM will quote rates of up to $240 excluding GST (AUD) per hour, half or full day or other negotiated rate. This excludes discounted rates given by AEFM to the client.
J. The talent will be notified of the rate quoted by the client prior to the casting or job.
K. Accepting the casting means the talent has accepted the rate per hour.
L. Agreed talent rates apply to shoot time only and do not include usage. This is negotiated separately.
M. All talent usage/loading rate are to be included within the quote.
N. The rates apply to the job time at the time of the quote; additional usage rates and hourly rates may apply to if additional usage terms are negotiated out of the agreement date. An additional charge for booking fee is added at the time of raising client invoices.
O. Where a shoot may finish up to 15-minutes past the hour, no extra hour will be billed. At 16-minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. AEFM does not charge half hour blocks.
P. Rates for G-strings or overly revealing swimwear must be negotiated at time of casting
Q. Private changing facilities must be provided on all bookings, including location bookings.
R. Rates are quoted in Australian Dollars (Ex GST) for use in Australia for 12-months only, unless otherwise specified.
S. Please check rates at the time of booking for video.

On completion of the ‘Booking’, AEFM will send out an invoice to the client via email, payable within 7-days of job. New clients are to pay a 50% deposit 7-days prior to the actual shoot date. Note that if a deposit is not paid on the agreed date, no talent will be sent to the assignment.

Normal Working Hours
A. The total hours that talent are 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. Any additional time will be calculated and forwarded to the client as an adjustment to their original invoice. This is to be paid within 7-days of receipt of invoice.
B. As per quote when booking. Normal hours for a day’s booking are between 9am am and 5pm, Monday to Friday. Penalty rates apply outside these hours.
C. If the talent works 4 to 5 hours they are entitled to one 15-min break, 6-7 hours they are entitled to two 20 x min breaks & one 10 min break. 8 hours + one 30 min and 15 min break. All breaks between shifts or during shifts are paid.
D. If a job takes longer than originally booked, an overtime/penalty rate will apply. Additional hours will be calculated and the amended invoice will be sent through via email. Invoice is payable within 7-days of receipt of invoice.
E. If a shoot is cancelled on the day due to bad weather, the talent must be paid for the day’s rate.
F. If a shoot is cancelled due to bad weather or unforeseen issues, the client will need to negotiate a rate for the additional day, too the rate in which it will be charged.
G. The minimum booking time is 2 x hours.

Travel Time
Total travel time is charged at $150 per model for distance travelled over 30 Kilometres from the talents physical address and the assignments physical address. This applies to travel within the state. Travel calculations are to be negotiated prior to talent committing to the assignment and is itemised on the quote.

Domestic Travel
When a client requests a talent to travel interstate for a job the client is responsible for the flights and accommodation (preferable a flexible airfare) travel to and from the airport and any other out of pocket expenses that might be incurred by the talent.

Schedules including Hotel Reservations and or flight itinerary are to be emailed to talent@aefm.com.au prior.

International Travel
When a client requests a talent to travel internationally for a job it is the client’s responsibility to book the airfare and pay for transfers to and from the airport at departure and arrival before the model leaves their home city and guarantees a minimum 2-day shoot. The client will also pay for 3-meals a day and accommodation. A travel fee will also need to be paid prior to talent leaving, rate to be discussed with client. A full assignment fee is to be paid prior to departure.

Cancellations
Cancellations must be notified to AEFM during business hours 9am – 5pm Monday to Friday via email to info@aefm.com.au.

A cancellation fee of 100% of full fee applies if cancellation made within 24-hours prior to commencement of job domestically within Australia.

On arrival of talent at booking/job location, a cancellation fee of 100% of the total talent fee for the booking will be charged.

On all bookings internationally departing from Australia, with less than 72hours notice prior to the commencement of the booking, a cancellation fee of 75% of the total talent fee for the booking will be charged.

For interstate bookings cancelled within 48-hours of departure, a cancellation fee of 100% of the total talents fee for the booking will be charged.

For trips and bookings for more than three days, if the booking is cancelled within a 72-hours period a cancellation fee of 100% of the total artist fee for the booking will be charged.

Weather Holds Days
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 artist fee for the booking.

Third & Subsequent Cancellations – 100% of the total Artist Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.

Editorials
AEFM may provide discounted rates for regular editorial talent, however these rates will only apply where the publication is on sale nationally in Australia through newsagents or supermarkets or available by paid subscription. If this criterion is not met then standard rates as set out in the estimate apply to the booking.

Test Shoots
All photography is to be used for the purpose for which it was originally shot as itemised in the ‘Booking Confirmation’ or ‘Job’. Photographers may NOT use test shoots for commercial purposes unless specific arrangements have been made with the Australia’s Elite Fitness Models prior to doing so. By way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Light box, Stills on TV, Pack Shots, Websites, TVC’s, DVD, Bus-Sides etc or use of the model’s name may be used unless negotiated and cleared with the Australia’s Elite Fitness Models prior to the commencement of the booking.

Usage rights are not granted to the client until full payment has been received from the client. Any further extension of usage or territory must be immediately notified to and negotiated with. The photographer is not entitled to use any of the images he/she takes for any use other than what has been agreed to in the ‘The Booking Confirmation’ accepted and signed off by the client. Photographers may not use Test Photography for any purpose unless specific arrangements have been made with Australia’s Elite Fitness Models in writing.

Fittings & Maintenance
Fittings, manicures, tanning or additional hair maintenance requests pre-assignment will be charged at an hourly rate, unless specifically negotiated, as well as the actual cost for the requested maintenance to reimburse the talent.

Payment Terms
A 50% deposit is required for all new clients. The balance is required strictly within 7-days from the date of invoice. In all cases the person and or company booking the talent will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking.

International clients may be required to pay the entirety of the invoice upfront.

Overtime Rates
Overtime will be charged at negotiated hourly rate if job runs 16-minutes or more into the next hour, constituting an additional full hour to be charged.

Provisional Bookings
Provisional booking means a request by you for a possible future booking. If you request a provisional booking, AEFM will attempt to co-ordinate talent to be available for such booking.

Holds or provisional bookings must be released or confirmed 48-hours (2 working days) prior to booking; otherwise model will be made available for other bookings.

However AEFM is not bound to provide talent until such time as you accept the estimate and AEFM confirms that the booking is a confirmed booking via email and deposit is received. For the avoidance of doubt, AEFM may cancel a provisional booking, or allow any other booking to take precedence over a provisional booking, allowing any secondary or definite bookings to take precedence.

Silence for provisional bookings does not form a basis of acceptance.

Last minute bookings
Last Minute Booking means a booking made within 24-hours of the Event. Australia’s Elite Fitness Models has the discretion to charge an additional fee for last minute bookings or bookings made over a weekend or public holiday

Third Party Booking
Where a booking is made by a third party to bill to the client and that person is not legally associated with the client, then the person/business that made the booking will be held liable for any non-payment of a booking by the client.

Catering or Meals Provided
Clients are responsible for all meals on all bookings outside the metropolitan area. Client must check with the agency prior to the job with any dietary requirements.
Usage

All photography and or footage are to be used for the purpose for which it was originally shot as itemised in the AEFM booking confirmation. It is the client’s responsibility to notify AEFM of any intended usage before the commencement of the shoot.

Use of the images or footage, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Light box, Stills on TV, Pack Shots, Websites, TVC’s, DVD, Bus-Sides etc, must be discussed and authorised with AEFM prior to the booking-taking place.

Any image used without written authorisation or prior approval from AEFM, will be deemed as ‘unauthorised usage’ and will be subject to legal proceedings. In accordance with these terms and conditions, the client will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and solicitor’s costs.

In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one year from the shoot date, worldwide. 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 AEFM. AEFM 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 or footage used without written authorisation or prior approval from AEFM will be deemed unauthorised usage and will be subject to legal proceedings. Where some products are likely to attract payment of a higher fee e.g. hair and beauty, alcohol the usage will be discussed at time of booking.

Some products are also likely to attract payment of higher fees, e.g. underwear, alcohol, hair and beauty products. Different types of usage will be negotiated separately and images taken for one type of usage may not be used for another type of usage without prior negotiation.
Usage rights are not granted to the client until payment in full has been received.

Failure to Pay
For companies who fail to pay AEFM, that company will risk the account being turned over to a collections agent. Each day after the due date specified by AEFM, the company acknowledges a penalty fee of 10% interest per month, on total amount owing.

Payments are to be made to; Westpac Account Number: 689138 BSB: 733390

Product Exclusivity
The talent services are supplied on a non-exclusive basis unless otherwise negotiated. 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 the talent has previously done any conflicting work. If the talent advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.

Exclusivity means the exclusive use of a talent services in association with a particular product brand to the exclusion of competing brands.

Public Liability
AEFM is not the talent’s employer but acts as agent for and on behalf of the talent. It is the responsibility of the client or company to ensure that they have adequate levels of Insurance to cover all talent used at all locations, including travel to and from each location. Australia’s Elite Fitness Models is not required to, nor holds, any such insurance for our talent we represent. If requested by AEFM, the client or business hiring our talent must provide AEFM with a certificate of insurance.

The client warrants and agrees to keep the talent fully insured when undertaking the Assignment and to indemnify AEFM and keep AEFM forever indemnified on a full indemnity basis against any claim, demand, action, proceeding or other liability by an artist arising in any manner from the assignment.

If the client does not take insurance or fails to maintain insurance required by this clause, then the indemnity clause shall apply to any loss or damage caused by the client.

The client warrants that the client is responsible for the supervision and control of the job site or set where the assignment is to take place and that all applicable health and safety requirements will be affected by the client at the job site or set.

Termination or Suspension
We may at any time at our discretion suspend the services and/or terminate this agreement in relation to any services by providing you with notice in writing in the following circumstances:

If you fail to make payments to us by a due date, or

If you breach any obligation under this agreement. Such termination will not in any way prejudice any of our rights including our right to receive payment for services rendered.

If we terminate all or part of the service agreement, all outstanding payments due by you to us will become due and payable

Privacy Collection Statement
We, AEFM, collect personal information from individuals through the booking form and our credit card authority form, for the purpose of processing your request and payments. If the requested personal information is not provided to us we may not be able to process your request or payment. We do not disclose personal information to any third parties without consent, unless authorised or required by law.

Our Privacy Policy contains information about how to contact us to access and request the collection of information held by us, or if there are any concerns in relation to privacy in your dealings with us. Please contact us on 0414 845 643 or info@aefm.com.au

Complaints
Any cause for complaint should be reported to AEFM immediately on (info@aefm.com.au). Any claim or alteration to the negotiated fee must be notified to the Agency within 48-hours of the invoice date via email to info@aefm.com.au. No alterations or amendments to invoiced rates will be accepted more than 2-days after an invoice is issued.

Please Note: AEFM act solely for and on behalf of our talent and whilst making every Endeavour to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.

Indemnities
The client shall indemnify AEFM and keep it indemnified against all actions, claims, losses, costs or expenses which AEFM may sustain or incur as a result of providing the services to the client and against actions, claims, losses, costs and expenses which the client may sustain or incur as a result of any damage or injury which may arise out of the performance of the services and the conduct of the assignment.

This agreement is subject to change.

Last amendment was made February 2016