Model Management Agreement

Last Modified: 01/06/2020

This document constitutes working Terms & Conditions between AEFM International (AEFM, Talent Management, Agency, Manager, We or Us) and YOU (Talent, Actor, Principle, Model or You). Regulating the modelling and acting work and use of photographs and derivative works including promotional work for a period of 24-months from the “live date”, if the application is successful.

The talent acknowledges that he or she is at least 18-years old, and has the right and ability to consent to the terms herein.

Definitions;

“Assignments booked by the talent” The talent must inform AEFM of all assignments booked directly by you that are not provided to you by AEFM. The talent must inform the AEFM of all earnings received for assignments and/or work undertaken. Imagery and or footage must also be forwarded to the agency

“Audition”: A tryout for a film, TV or stage part. When the talent auditions for a modelling booking it’s called a go-see or casting.

“Actor”: A person in theatre, television or film or any other medium who portrays a character

“Assignment”: The acting or modelling work for the defined period,

“Bio”: Short for biography. This is the condensed story of a model or an actor’s life made available to the public. It’s basically a CV with particular jobs highlighted and or sports played or proficient in.

“Brief”: Given to a model by his/her booker regarding a job or casting. It will include information such as dress code etc. Or information a client will give to an agency regarding a casting.

“Call Back”: A second audition for a job. After casting, the casting director/client may want to see a model again. They will call the people they liked best to come back and try out again to make a final decision about who will be selected for the booking.

“Commencement Date”: The date in which your profile went live on www.aefm.com.au. portfolio

“Campaign”: An advertising campaign.

“Casting”: Clients will ask to see the models/actors who fit the brief for a specific job. The client will hold a casting. If you cannot attend a casting, notify AEFM immediately.

“Casting Call”: A call put out to actors or models for a specific role or job. Casting and modelling agencies usually host the casting calls, which may take place at production offices, studios, etc. A closed casting call is one in which the talent has been handpicked and invited to appear. An open casting call is usually advertised in the trades (papers) and is open to anyone.

“Catering” During the model’s assignments, catering will be provided outside the metropolitan area. Should there be any special dietary requirements, prior to the job, the model must notify the agency?

“Casting Director”: The person appointed by a client to run the casting enabling the client to find the best models for a particular assignment/commercial. Casting Directors should NOT charge you to attend a casting.

“Changing Facilities” Clients will 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.

“Contractor” means an individual who is represented by AEFM.

“Confidential”: Any oral or written information disclosed in confidential circumstances by the Manager or his staff, and any document including but not limited to any agreement, rates, phone number or photograph in the Manager’s work premises or possession, or any on any restricted website owned by the manager. This includes any images that have been taken by AEFM or an assigned photographer.

“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.

“Composite Card”: Also referred to as a comp card, zed card or model business card. It includes your name, your contact information and all your statistics, and also 3-5 photos of you in various poses, settings, outfits and looks (the widest variety possible). Comp cards are sent to prospective clients.

“Editorials” AEFM may provide discounted rates for regular editorial work, however, these rates will only apply where the publication is on sale nationally in Australia through newsagents or supermarkets or available by paid subscription. Rates will be confirmed with the talent prior to the shoot date.

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

“Full Buy-out” client has future use of a particular photo or set of photos and or video content. This includes in-store marketing, digital ads, social media, billboards, flyers, newsletters, brochures, bus ads etc for an unlimited amount of time. All assignment rates quoted are inclusive of “full buy-outs”.

“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.

“Go-see”: When the model agency makes an appointment for you to see a photographer or a client. A go-see is different from a casting (where there are lots of models). Go-sees are like mini-auditions, so you should bring your portfolio, e-comp card or other photos and dress and behave appropriately. You do not get paid for going to go-sees.

“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. For talent travelling overseas, there will be a guarantee of a 2-day shoot. The client will also cover 3-meals a day, accommodation, and other incidentals during this time.

“Location”: Anyplace, other than in a studio, where a shoot (photography or film) takes place. When you are on location, it means you are outside the controlled environment of the studio or sound stage and should prepare accordingly.

“Talent”: A person who poses or displays themselves for art, fashion or other products or advertisements

“Work”: Any representation by the talent in any form of media or in person.

“The Territory”: Any location inside or outside of Australia

“Term” includes any further term pursuant

“Usage Fee” means the fee determined by AEFM for additional usage of images or footage.

“Mother Manager”: The Manager who places the talent with another Manager or agencies outside of AEFM, this refers to Managers within Australia or outside Australia.

“Job” includes but is not limited to launches, campaigns, trade shows, in-house promotions, event hosting, demonstrations, television (TVCs), print and outdoor campaigns. Contractors mean individuals who are represented by AEFM.

“Payment or Rates” The talent acknowledges that work sourced by AEFM, he or she will receive a fee per each assignment. The full job or assignment is disclosed prior to the assignment which excludes the agency’s fee and or GST.

“Portfolio”: A book containing a selection of photographs and tearsheets that a model shows to clients.

“Provisional Booking” means, Provisional booking means a request by you for a possible future booking

“Sister Agency” For work obtained via a “Sister Agency” scenario, talent agrees to pay 10% on all work sourced.

“Usage” means the use of the images or 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

Confidentiality

  1. You must not permit any of your officers, employees, agents, contractors or related companies to use or to disclose to any person any such information without the prior written consent of AEFM unless it is information which is otherwise in the public domain (other than as a result of wrongful disclosure by the Client) or information required to be disclosed by law where advance notice of the required disclosure is given to AEFM.
  2. For the duration of any agreement, and for 24-months thereafter, you must not employ or engage (or be knowingly involved in another employing or engaging) any associate of AEFM with which you had contact during the course of the service engagement or solicit such employment or engagement.

Domestic Travel

  1. 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.
  2. Schedules including Hotel Reservations, Call-sheets and or flight itinerary are to be emailed to AEFM International. All information will then be forwarded to the talent.
  3. Travel to and from the airport and any other out of pocket expenses that might be incurred by the talent will be claimable.

Talents Obligations

  1. The talent must be punctual at all times and must abide by the set times and requirements of each individual assignment. The talent must arrive 15-minutes prior to their call time.
  2. The talent will at no time discuss rates or upcoming assignments with another talent without permission from AEFM.
  3. There is to be no gossiping or complaining whilst on a job if you have any concerns that you would like to discuss you are to call the office immediately.
  4. All castings, jobs and clients are deemed privileged confidential information to AEFM Intl. At no time is this information to be shared with other persons outside of the agency or during an assignment.
  5. The talent must always communicate with sufficient detail via email/phone call with AEFM in the case of illness or emergency.
  6. The talent shall not, during the agreement and for a period of 24-months (2-years) immediately following termination of this agreement, either directly or indirectly, call on, solicit or take away, any of the customers or clients of the company on whom the talent called or became acquainted with during the terms of this agreement, either for their own benefit or for the benefit of any other person, firm, brand, corporation or organisation.
  7. Any discovery, design, invention, idea, concept, technique, secret process or improvement in procedure conceived made, developed or discovered by the talent in the course of providing services under this agreement which stands as the property of AEFM, is capable of being used or adapted for use in connection with the activities of AEFM must be immediately be disclosed to AEFM, whether or not the inventions are capable of being protected by copyright, letters patent, registered design or other protection.
  8. The talent will complete the tasks specified by AEFM from time to time within the time frames.
  9. The talent must not consume alcohol or any drugs during any job or prior to any assignment.
  10. The talent must ensure their conduct is impeccable and that they have a neat and tidy appearance to all appointments.
  11. Never discuss with a client your professional experience as a model/talent. example: “this is your first professional job or has never done a professional shoot before.”
  12. Any material derived from outside AEFM projects must be forwarded to AEFM to be added to the talents portfolio. AEFM have the right to advertise this material on their site and social media streams.
  13. The talent must notify AEFM if they wish to change their personal appearance. Changes include cutting or dying their hair, adding tattoos and piercings that show significant contrasts to their current photographs with AEFM.
  14. We encourage you to post as much of your work on social media as possible, as this is a great tool to build your profile as a model. Please make sure to tag @AEFM_INTERNATIONAL
  15. Please always take BTS (behind the scenes) photos and send them to us. Before you post anything on social media from the job, please ask AEFM for approval as clients sometimes are very strict on this and we do not want to jeopardise future work for you and the agency.

Models Terms & Conditions 

  1. For the term of this agreement (12-months), the talent hereby appoints AEFM exclusively and engages AEFM to act as the talent’s manager in the fields of modelling, acting, advertising and entertainment. All modelling assignments (excluding TFP/Test shoots) must go through AEFM unless otherwise discussed.
  2. AEFM will contact you if the client has selected you, we have no control over who their final choice is, nor do we guarantee talent work. However, if you are always available to attend castings, have a great portfolio that markets you well then you have a great chance of being booked.
  3. The talent seeks to undertake work as a Model and Artist.
  4. Model agrees to refer all direct enquiries concerning Model’s services to the AEFM.
  5. This agreement sets out the terms and conditions upon which the Manager will supply representation and agency services to the talent and the talent’s obligations to the Manager.
  6. Assignment fees are paid within 14-days from the date the invoice has been settled by our client.
  7. AEFM may publicise that it is the personal manager for Model
  8. In consideration of AEFM, the talent has engaged AEFM to be their representative. AEFM has the written authority to enter into contracts with any and all clients on their behalf. The contract is created between the client and AEFM once the ‘booking’ has been confirmed. This is by way of a written agreement.
  9. It is the talent’s responsibility to obtain their own ABN. This must be itemised on all invoices raised by the talent to AEFM
  10. As an agent for the talent agreeing to attain the availability of the talent to enter into a contract of service with the client, it is agreed by the client that by booking you, these terms and conditions apply as a contract between AEFM and the client.
  11. Model and chaperone agree to conduct himself/herself with propriety and dignity, and to do nothing on an engagement or otherwise, that may tend to injure the reputation and goodwill of Model or Agency, (in person and online and within social media).
  12. It is further understood and agreed that the Agency is acting as a personal manager only, and does not operate as an employment agency. A parent or Guardian must at all times remain with the child and is responsible for their safety and supervision. If you are not comfortable with what your child has been asked to do or feel it is unsafe please withdraw your child and contact the agency immediately.

Photography / Portfolio Terms

  1. The talent agrees to pay in full for his or her professional portfolio photo shoot 7-days prior to the actual shoot date.
  2. The talent also gives consent to the use of any printed matter in conjunction therewith.
  3. Upon receiving part or full payment form the talent, only then is the shoot confirmed.
  4. The talent agrees to use AEFMs recommended photographers for their initial portfolio shoot.
  5. The talent acknowledges that he or she will receive (12) professionally ‘edited’ images within 14-working days.
  6. The images received will be a total of 1Mb each in size and in JPEG format.
  7. Any additional images purchased are also subject to our commercial usage policy and are also owned by AEFM.
  8. Under no circumstances will the talent receive RAW image files or RAW video footage from the portfolio shoot.
  9. The talent or models assigns all copyright in any medium whatsoever in any photo or media program commissioned by the Manager worldwide and in perpetuity to use to promote the Manager’s business and the Manager may edit or adapt or modify this media at his sole discretion.
  10. The talent acknowledges that should he or she want to have their image published “Commercially”, the talent must request in writing to [email protected] for AEFMs consent prior to releasing any images.
  11. AEFM from time to time may use sub-contractors. These photographers are appointed by AEFM and are subject to AEFMs terms and Conditions. Therefore no release forms are to be signed on location by the model/photographer
  12. Images used without written consent by AEFM management will be subject to a commercial usage fee. We do not under any circumstances allow our images to be used without our consent.
  13. AEFM may request a new portfolio shoot, should the initial portfolio not meet the required AEFM standards. There are no additional costs to the talent. A new shoot date needs to be agreed to by all parties.
  14. AEFM also reserves the right to utilise any printed content by the talent and or company hired for print or video content.
  15. All published content by the talent must contain “hashtags” as “#AEFM_International” being the management/agency.
  16. The talent acknowledges that he or she and the third party will be in breach if they edit, copy, paste, distort or reproduce any photography materials produced by AEFM.
  17. AEFM do not issue refunds.
  18. AEFM reserves the right to modify the portfolio shoot date, including, times, availability and prices according to the constraints imposed by the sub-contracted photographer, partners, or sub-contractors.
  19. Talent agrees to provide AEFM with current photographs, comp cards, and tear sheets/advertising written or other related material for promotional use of AEFM and talent.
  20. Photos and or video footage released to you by AEFM and or its assigned photographer(s) may not be used to promote other modelling agencies, companies, products or brands, nor may any other talent management company use them worldwide without written consent prior. All images and video footage was taken by AEFM remain the property of AEFM.
  21. Model Release Form on shoots may from time to time be requested, AEFM are to be made aware prior to the talent signing these.
  22. The talent hereby releases discharge and agree to hold harmless photographers from any and all liability that has or may occur or be produced in the taking of said pictures or any subsequent process thereof, as well as any publication thereof.
  23. AEFM ‘Copyright’ Images may not be sold to any third party without our written consent prior.
  24. RAW image files and Video footage is held for up to 6-months. Post this term, all content is deleted from AEFMs hard drives.
  25. No pictures or videos are to be taken during the professional shoots without the consent of an AEFM representative.
  26. By consenting to these Terms and Conditions the talent gives consent to receiving fortnightly newsletters. You can unsubscribe at any time.
  27. The talent acknowledges that he or she is required to provide professional photos for their ‘Look Book’ or Portfolio’ prior to being put forward for any assignments. His or her portfolio must be updated every 6-months. Failure to do so will result in him or her being terminated from AEFM or not put forward to future castings.
  28. AEFM may seek injunction relief against the talent if the talent breaches this Agreement
  29. The talent agrees that his or her personal bio will be made publicly available, used directly in relation to the licensing of the content where necessary (e.g. AEFM) and may be retained as long as necessary to fulfil this purpose, including by being shared with licensees/ assignee’s of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used

Rates & Castings

  1. Product exclusivity is a once-off payment. Price to be negotiated upon booking
  2. AEFM will quote the assignment rate exclusive of GST (AUD).
  3. Job-related expenses (such as parking or travel) are only agreed upon prior to the commencement of the job. These are included in the Assignment Fee.
  4. The rates for assignments differ depending on the company, the number of hours the shoot will take, whether it’s print, video, the actual role, your experience, and the brand.
  5. You will be presented with the fee for the assignment prior to the job or casting via email or SMS. Accepting the “Casting” or “Job” means the talent has accepted the rate quoted by the agent.
  6. You are only allowed to decline 2 castings per year (provided reasons are up to the Director’s discretion to review).
  7. If you confirm with a ‘YES’ to your casting, please make sure you attend this casting. You will not be contacted again prior to this unless there are instructions needed such as dress code or monologue required for the role.
  8. Private changing facilities will be provided on all bookings, including location bookings.
  9. Rates are quoted in Australian Dollars unless otherwise specified.
  10. Rates quoted by AEFM include “full buy-out” of any images or footage taken during the model’s job or assignment.
  11. Full Buy-outs also cover multiple types of media such as in-store marketing, digital ads, Social Media, Websites, billboards, flyers, newsletters, brochures & bus ads. For an unlimited amount of time.
  12. Castings usually take around 15 to 20 minutes however can be longer at times if Clients are running behind.
  13. You will receive your Audition/Casting via email or Whatsapp with all the details you will need to know about The Brand, Audition Time, Address, Casting Agent, Potential Shoot Date.
  14. Your Booking Agent will let you know if you are required to take an electronic composition card to your audition/casting.
  15. Do not cancel or reschedule your casting via email, always call the office immediately to discuss.
  16. Should you be UNSUCCESSFUL the agency does not get contacted. Therefore please do not contact the office via phone or email.
  17. Should you be put ON HOLD, the company will contact AEFM direct. You will be required to keep the shoot date free.
  18. Should the company REQUEST you for a second casting call, this generally means that they like you, though are still in the decision-making process. You will be required to keep the shoot date free.
  19. Should you BE SUCCESSFUL, AEFM will be in direct contact with you immediately. At no point will you contact the client directly.
  20. Casting is an audition that models are required to attend prior to booking a job. You will need to attend a casting for almost every job you are put forward for as the customer or client will want to meet with you in person and get to know you and see if you fit their brand and what they want!
  21. The agency does not pay a fee for talent attending Casting Calls
  22. Make sure to read the Casting Brief several times and make sure you are fully prepared. If you have any questions, please immediately call AEFM. The Client is not to be contacted, under no circumstance are you to ever contact the client directly. You must contact the agency if you wish to gain any further information about the job.
  23. Hopefully, you will never have to cancel a job once you have confirmed. If the talent cancels a job once it has been confirmed, an administration fee of $80 will be charged to find a replacement for you.

Normal Working Hours

  1. The total hours that talent is booked for is the minimum hours that talent must be paid for.
  2. 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.
  3. If the talent works for more than 4-hours they are entitled to one 15-min break, 6-7 hours they are entitled to 2×20 x min breaks & one 10-min break. 8 hours + one 30 min and 15 min break.
  4. All breaks between shifts or during shifts are paid.
  5. The minimum booking time for each assignment is 120-minutes.

Public Liability

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Privacy Collection Statement

  1. We, AEFM, collect personal information from talent for the purpose of processing your assignment payments. If the requested personal information is not provided to us we may not be able to process your request or payment.
  2. We do not disclose personal information to any third parties without consent unless authorised or required by law.
  3. 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 [email protected]

Test Shoots

  1. All images are to be used for the purpose for which it was originally shot as itemised in the ‘Test Shoot Brief’.
  2. Photographers may NOT use test shoots for commercial purposes.
  3. Model or talent is to use the test shoot imagery or video footage for their own portfolio for AEFM and their social media streams to promote themselves and AEFM.
  4. All test shoot images and video footage are to be forwarded to AEFM.

Weather-related cancellations

  1. On the first occasion of cancellation half, the booking fee is charged and payable by the client unless the client fails to cancel in time to prevent the model’s attendance in which case the full booking fee is charged and payable by the client. On the occasion of the second cancellation and any subsequent cancellations, the full booking fee is charged and payable by the client.

Termination or Suspension

  1. We may at any time at our discretion suspend you from our books and/or terminate this agreement in writing in the following circumstances:
  2. The model further agrees to abide by all standard rules and policies of the Agency with regard to behaviour on castings and engagements.
  3. Agency may, upon five days’ notice terminate this agreement
  4. If the manager is in breach of this agreement then all grievances/ disputes must be put in writing. These grievances are to be resolved and the Manager must be given a reasonable time to remedy the breach before termination.
  5. If it is not possible to resolve any breach of the Manager’s obligations under this agreement the matter will be mediated by an independent lawyer nominated by the Law Institute of Australia whose decision will be binding on both parties.Or:
  6. If the talent refuses to attend castings.

Taxation

  1. Nothing in this agreement is to be construed as a contract of employment. AEFM is not responsible for wages, superannuation, holiday pay or workers’ compensation or other employment benefits. There is no employer/employee relationship.
  2. It is understood and agreed that the talent is in business for himself/herself and is solely responsible for payment of any and all taxes, whether income or otherwise.
  3. There is no GST on model fees unless the model is GST registered. The model must notify AEFM.
  4. AEFM is entitled to raise invoices and collect monies on behalf of our talent as an intermediary, even though the contract exists between talent and client.
  5. AEFM has a payment term of 14-days with clients but with different clients, they have account payment terms of up to between 30-60 days.
  6. Once AEFM has received full payment from the client, the talent will be paid accordingly.
  7. After each job within 7-days of completion, we need you to send us an invoice to [email protected] detailing the Company, shoot date, time, total fee as described fee in the email or SMS and also your account details and ABN.
  8. If your bank account details are written incorrectly and it has been processed, there will be a $25 fee to process bounced payments.

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.

Please contact AEFM if you have any questions or concerns about these terms before you enter into a work agreement with AEFM. We can be contacted on [email protected]

By accepting assignments with AEFM, you accept that you have read over the Model Management Agreement and understand all that has been stated above.

These terms and conditions are subject to change.