Issued in accordance with the Fair Work Act 2009, the AEFM’s booking confirmation form, containing the specific terms of the booking, 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 these terms and conditions and they shall apply to and govern the booking between AEFM and the client.
Any amendment and/or variations made to the booking confirmation form by the client shall not be valid and binding unless AEFM has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the booking confirmation form after the amendment and/or variation has been included on the booking confirmation form.
These terms and conditions and the booking form constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these terms and conditions.
Except where these terms and conditions expressly provides otherwise, a person who is not a party to these terms and conditions has no right under the Fair Work Act 2009 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. The contractor acknowledges, accepts and agrees that the AEFM has entered into these terms and conditions for the benefit of itself and the model and accordingly the contractor shall be entitled to enforce these terms and conditions as if he/she were a party to these terms and conditions.
Without limitation, AEFM may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these, constitutes copyright infringement and shall entitle AEFM to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of AEFM`s rights or remedies in connection with any unauthorized use.
Third Party Content
AEFM has never directed, and never will direct, its users to upload any third party that infringe upon any right belonging to a third party. Uploading any media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate. Receipt of emails, or other Internet-based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third-party providers and therefore outside of our control.
Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the website to our complaints department at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
Non-Australia’s Elite Fitness Models services
Promotion of non-Australia’s Elite Fitness Models content on their Blog Page is not permitted. Competitors and third parties are not permitted to advertise or promote their companies products and or services, or the products or services of others on the website without written consent from Australia’s Elite Fitness Models management. If in the opinion of the Australia’s Elite Fitness Models members or third parties are engaged in advertising, promotion or providing advice to participants of the Australia’s Elite Fitness Models website then Australia’s Elite Fitness Models reserves the right to ban any third-party from participating on the Australia’s Elite Fitness Models website.
Indirect and Consequential Loss
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the website, any linked website, or your reliance on any information obtained through the website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises out of your use of the website, including your use of the website to provide a link to another site or to upload content or other information to the website.
Copyright in this website (including text, models bios, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third-party may be the subject of copyright owned by that third-party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this website; or
Commercialise or exploit any information obtained from any part of this website;
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to listen and view. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this website or post it to another website.
User generated Content
You warrant that you have all the necessary rights and permissions needed to submit content to the website, whether that content is articles, images (moving and still), text, graphics, sound, stories, software or other copyrightable material (User Content). Where you are the owner of the intellectual property rights in User Content, you assign to us all right, title and interest in and attached to the intellectual property in the User Content with effect from the date you submit it to the website. Where you are a licensee of the intellectual property rights in the User Content, you grant to us a royalty-free, non-exclusive world-wide license of the intellectual property rights in the User Content to use, copy, sub-license, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any media may include historically and culturally important AEFM and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.
To the full extent permitted by law, you consent to us (and all persons authorised by us) infringing any of the moral rights (as that term is defined in the Copyright Act 1968 (Cth) and includes the same or similar moral rights that may exist in jurisdictions other than Australia) that you may have in the Works. To the extent that consent is not effective in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation to monitor User Content and we may remove or refuse User Content, which we consider, in our sole discretion, to be:
Infringing third-party rights (including copyright);
Misleading or inaccurate;
Without basis or sound reasoning; or
In breach of the Permitted Uses for the website.
Notwithstanding our right to supervise, we accept no responsibility or liability for User Content. You must ensure that the content you upload does not infringe the copyright; moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify us against any third party claims arising from your use of the website in breach of this clause.
Visitors to the website who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can issue a take-down Notice. Please contact Australia’s Elite Fitness Models at email@example.com
We explicitly prohibit use of the material on this website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the website, you acknowledge and agree that:
You are legally responsible for all content you submit;
Under no circumstances will you post any material, or engage in any behavior, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
You will not:
Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
Post or transmit false or misleading material or make any form of misleading or deceptive representation;
Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
Exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that are contrary to our commercial or lawful interests);
Provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the website; and
At our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
The website may reference or link to third-party sites on the Internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
This website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:
Encourage those users who upload content to use appropriate warnings and/or labeling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content;
Notify you that you must not place on the website content that is in contravention of any Australian State, Territory or Commonwealth law;
Warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below;
Encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: http://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do;
Notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au;
Encourage you to contact Australia’s Elite Fitness Models at firstname.lastname@example.org if you would like to make a complaint about any of the content shown on the website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.
You consent to your personal information being used and/or disclosed for any reasons given to you by us in relation to the collection, use and disclosure of your personal information.
Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your height, weight, measurements. For example, you consent to us using and disclosing information about your age, name, height and weight for the purposes of publicly profiling your Model Bio on the website. Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.
Severance and termination
Australia’s Elite Fitness Models may in its sole and absolute discretion refuse talent, or terminate models contract at any time and for any reason.
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
AEFM PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER AEFM NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL AEFM’S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
AEFM RESERVES THE RIGHT TO TAKE ANY ACTIONS THAT IT DEEMS NECESSARY TO PROTECT ITS RIGHTS, ALL RIGHTS OF WHICH ARE SPECIFICALLY RESERVED.