This document constitutes working terms & Conditions between AEFM International (ABN 54 123 099 180) (AEFM, Talent Management, Agency, Manager, We or Us) and YOU (Client, Company).
No variation or amendment to the terms of these terms and conditions shall be valid and binding unless in writing and signed by an authorised representative of each party.
The below terms are strictly confidential and must not be discussed directly with the talent. All communication is done with the talents manager “AEFM”.
- Rates are quoted in Australian Dollars unless otherwise specified.
- All rates are negotiated and agreed to by the client prior to the commencement date
- All rates exclude GST
- The client shall not attempt to negotiate, nor allow others to negotiate, with talent directly.
- All matters relating to the use of the model’s image, footage, and any other services supplied by the model and all fees must be negotiated and agreed only with the Agency.
- Additional rates such as overtime will be charged and included in the final invoice.
- Interstate rates for overtime incur an hourly rate of 1.5 x the hourly rate. This is calculated at the agreed rate which is accepted prior to the job commencement date.
- Overtime commences on the 16th minute, of the new hour. For example, the client has booked talent for 8hours. On 8hours and 16 minutes, the client will be charged for a full hour in addition to their initial 8 hour booking time.
- Per diems are quoted separately.
- If the client or the or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or the Agency unless and until it is agreed in writing by AEFM
- Until which time the client signs and agrees to the booking fees/terms, no communication (email, texts or phone numbers will be provided to the client.
- In the event that the client goes direct and signs the talent without AEFMs consent, AEFM will seek the full job rate quoted.
- Where product exclusivity has been requested by the client, a once-off payment is payable. Price to be negotiated upon booking.
- Travel or any other costs associated with each assignment example: hotel and flights, and transfers will be quoted separately.
- For video, please check half and full day rates at the time of booking talent.
- Videos will also incur a “full buy-out rate. This is to be negotiated at the time of securing your talent.
- Usage/loading rates are to be included within the final rate.
- A 4-hour minimum booking time is required when booking talent.
- The client undertakes not at any time in the future to employ any of the models introduced to them through the agency in any capacity whatsoever without the written consent of the Agency.
- All models introduced by the Agency to a client or to its agent must be booked through the agency unless the model’s resignation from the agency has been expressly notified to the Agency.
- New clients are to pay a 50% deposit 7-days prior to the initial shoot date.
- Note that if a deposit is not paid on the agreed date, no talent will be sent on the day of the assignment.
- The remaining 50% is then required strictly within 7-days from the shoot date.
- In situations where the client has booked and confirmed the shoot date, no refunds will be honoured by AEFM. Where the client has given sufficient notice, the original date can be rescheduled. Note this is at AEFMs discretion.
- In all cases, the person booking the model is the client, who will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking.
- AEFM reserves the right to invoice the “ultimate client’ (i.e. production company, /manufacturer/owner of the product in question).
- Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the agency. The use of the model’s image must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the model. The image must not be altered or distorted.
- Overtime rates will be charged at a negotiated hourly rate if the job runs 16-minutes or more into the next hour, constituting an additional full hour to be charged.
- Overtime is charged at a 1.5 hourly rate
Repeat clients Terms
- All invoiced payments are payable within 7-days of the 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 the 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.
- If the invoice is not paid in full within the payment terms AEFM reserves the right to charge interest and or late fees.
- For clients who are planning multiple shoot dates, AEFM will require all “future dates”. The entire campaign must be paid in advance. Failing to pay will mean that the “talent” is available for other work provided by AEFM.
Normal Working Hours
- The total hours that talent is booked for is the minimum hours that talent must be paid for. If a job finishes prior to the originally booked time, the 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.
- Saturday & Sunday rates are charged at a 1.5 hourly rate
- If the talent works 4 hours or more 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.
- 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.
- If a shoot is cancelled on the day due to bad weather, the talent must be paid for the full day’s rate.
- AEFM does not charge half-hour blocks.
- Usage rights or “full buy-out” rights are not granted to the client until full payment has been received from the client, and where negotiated prior, tearsheets have been provided to AEFM. Any further extension of usage or territory must be immediately notified to and negotiated with.
- The company or client is not permitted to use any of the images other than what has been agreed to in the ‘The Booking Confirmation’ accepted by the client.
- AEFM reserves the right to use any image or footage produced under this contract for the talents portfolio page, AEFM website, or social media pages to promote the model.
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 the total amount owing.
- Where negotiated prior to the booking, the client will provide tearsheets on the completion of their campaign. These included print or video footage. These will be forwarded to AEFM via email.
- Last Minute Booking – means a booking made within 24-hours of the Event.
- AEFM has the discretion to charge an additional fee for last-minute bookings or bookings made over a weekend or public holiday
- 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 the assignment date. Otherwise, the 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. 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.
- 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.
- Booking or Agency Service Fee (ASF) – 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.
- Clients are responsible for the provision of all meals and beverage requirements of the models (taking into account dietary requirements) whilst the models are providing services to the client on all bookings
- Travel Time – Any time spent by the model travelling to or from a client’s venue will be charged at half the hourly rate.
- Domestic Travel – When a client requests a talent to travel interstate for an assignment, the client is responsible for the talents flights and accommodation (preferable a flexible airfare).
- Per Diems
- The client is to arrange transfers to and from the airport and shoot location. Any out of pocket expenses that might be incurred by the talent will be claimable. This will appear on the adjusted invoice for the final payment.
- Schedules including Hotel Reservations and or flight itinerary are to be emailed to [email protected]
- 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, rates to be discussed with the client. A full assignment fee is to be paid prior to departure.
- Clients must provide an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
- Same State Cancellations – Cancellations must be notified to AEFM via email to [email protected]
- Should the client cancel within 72-hours of the departure date, then the client must pay 100% of the job fee.
- Should the client cancel the job as the talent arrives (from interstate), then the client must pay 100% of the job fee.
- Should the client cancel the job as the talent arrives (from interstate), the accommodation and flights must still be honoured.
- International Cancellations – On all bookings internationally departing from Australia, with less than 72-hours notice prior to the commencement of the booking, a cancellation fee of 75% of the total talent fee for the booking will be charged.
- Interstate Cancellations – 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.
Weather-related cancellations (In-State)
The following terms apply for when clients book talent from the same state, not for interstate travel
- 50% of the booking fee is charged and payable by the client unless the client fails to cancel 24-hours prior to the agreed arrival time.
- Where the client fails to give AEFM 24-hours notice, the agreed amount is payable for that day.
- If a shoot is cancelled due to bad weather or unforeseen issues, the client will need to negotiate a rate for the additional day, to the rate in which it will be charged.
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.
- 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 video footage, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Lightbox, 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 a 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.
- Unless otherwise agreed in the booking confirmation form the model is supplied to the client by the Agency on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client.
- An additional fee will need to be agreed when the use of the model’s image or the service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector-specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the model’s image for competing and/or a particular sector of products or within a particular territory.
- A model can supply services to and allow use of the model’s image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is the client’s responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work
- AEFM is not the talent’s employer but acts as an 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. AEFM 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 the insurance required by this clause, then the indemnity clause shall apply to any loss or damage caused by the client.
- 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.
- The client shall indemnify AEFM International 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.
- We may at any time at our discretion 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 the due date, or
- If you breach any obligation under this agreement.
- If we terminate all or part of the agreement, all outstanding payments due by you to us will become due and payable.
Agency shall not be liable for:
- The loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
- Product recall costs;
- Failure by the model to attend a booking for whatever reason;
- Damage to the client’s reputation; or consequential, special or indirect loss or damage, even if the Agency has been advised of the possibility of such loss or damage
- The Agency acts solely for and on behalf of the models who are self-employed persons. The Agency cannot be held responsible for the models conduct neither on an assignment nor for any loss financial or otherwise whatsoever caused including the lateness of a model on any assignment.
- Any cause for complaint should be reported to AEFM immediately on ([email protected]). Any claim or alteration to the negotiated fee must be notified to the Agency within 24-hours of the invoice date via email to [email protected]
- No alterations or amendments to invoiced rates will be accepted more than 24-hours after an invoice is issued.
These terms are subject to change.