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Talent Agreement

Between AEFM International (AEFM Intl, Talent Management, Agency, Manger, We or Us) and YOU (Talent, Actor, Principle, Model or You)

Definitions;

“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.

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

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

“Commencement date”: The date in which you applied as a talent, this agreement begins on receipt of your application

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

“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.

“Term” includes any further term pursuant

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

“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.

“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 agencies fee and or GST.

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

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

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

“Usage” means 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

“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 etc for an unlimited amount of time. All assignment rates quoted  are inclusive of “full buy-outs”.

Commencement Date

This agreement will commence upon receipt of your application.

– The talent seeks to undertake work as a Model and Artist.

– The Manager has expertise in managing Models and Artists, obtaining work for Models and Artists and assisting and guiding Models and Artists in their careers.

– The talent agrees to engage the Manager as the talent exclusive worldwide representative for all TV and live appearances, TV Shows ongoing or commercials, Feature Films, all press and media, print and all other work procured within the Entertainment Industry.

– 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.

– In consideration of AEFM, the talent has engaged AEFM to be their representative. AEFM has the talents written authority to enter into contracts with any and all clients on their behalf. The contract is created between client and AEFM once the ‘booking’ has been confirmed. This is by way of a written agreement.

– It is the talent’s responsibility to obtain their own ABN. This must be itemised on all invoices raised by the talent to AEFM

– 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.

Confidentiality

You must not and 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.

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.

Talents Obligations

– 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, and further, that he or she is authorised and able to sign on behalf of all persons listed above as a talent.

– The talent must be punctual at all times and must abide by the set times and requirements of each individual assignment.

– The talent will at no time discuss rates or upcoming assignments with other talent without permission from AEFM. 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.

– The talent must always communicate with sufficient detail via email/phone call with AEFM in the case of illness or emergency.

– The talent must notify AEFM, if the talent intends to provide any services to or for any person or entity who or which has an interest, which is directly or indirectly in competition with AEFM.

– 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.

– 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.

– The talent will complete the tasks specified by AEFM from time to time within the time frames.

– The talent must not consume alcohol or any drugs during any appointment or prior to any appointment.

– The talent must ensure their conduct is impeccable and that they have a neat and tidy appearance to all appointments.

– 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.

– The talent agrees that from the date of signing AEFMs Terms & Conditions, the talent agrees to work exclusively for AEFM for Fitness / Athletic / Sports Assignments.

– Talent agrees to post his or her images on their Facebook, Instagram Page to promote themselves and tag @AEFM_International and or the Photographer assigned.

Talent Rates

– Talent must approve with AEFM representative before AEFM accepts any assignment(s) on the talents behalf.

– Product exclusivity. Once off payment. Price to be negotiated upon booking

– AEFM will quote the assignment rate exclusive of GST (AUD). This will also include per diems if applicable.

– Travel or any other costs associated with each assignment example: hotel and flights will be quoted separately.

– Talent will be notified of the full assignment rate prior to the shoot date via email or SMS. Confirmation is needed to commence booking from talent via SMS or email.

– Accepting the casting or assignment, means the talent has accepted the rate quoted by the agent.

– AEFM do not charge half hour blocks.

– Rates for G-strings or overly revealing swimwear must be negotiated at the time of casting

– Private changing facilities must be provided on all bookings, including location bookings.

– Rates are quoted in Australian Dollars, unless otherwise specified.

– Assignment rates quoted by AEFM include “full buy-out” of any images or footage taken during the models job or assignment. 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.

Taxation

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.

AEFM will invoice the client for all payments due to the model or the company supplying the model and the client agrees to pay on invoice strictly within (8) weeks from the date of assignment.

There is no GST on model fees unless the model is GST registered. Model must notify AEFM.

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.

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, 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. Additional hours are to be pro rata for any additional hours.

– 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.

– If a job takes longer than the originally booked, an overtime/penalty rate may apply.

– If a shoot is cancelled on the day due to bad weather, the talent must be paid for the day’s rate.

– 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.

– The minimum booking time is 2 x hours.

Casting Call

– No fees are charged for castings.

Catering

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.

Overseas assignments

The talent will inform AEFM of all overseas travel and itineraries undertaken by the talent, and overseas management or representation relating to the talent. The talent must inform the Manager of all earnings received for assignments and/or work undertaken and completed outside of Australia regarding work and acting personally or in any medium whatsoever.

Booking or Agency 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.

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.

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.

Travel Time

Total travel time is charged at $150 for time over 35 minutes 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.

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

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.

Cancellations

– Cancellations must be notified to AEFM during business hours 8am – 6pm 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 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.

– 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 or buy-out 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 AEFM 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.

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. 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.

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.

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.

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 the talent breaches any fundamental obligation in the Agreement, the talent will be given reasonable time to remedy the breach. If it is not possible to resolve this breach of the talent’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. The talent will be liable for costs incurred by the Manager and commissions up until the time of termination.

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 is must be given reasonable time to remedy the breach before termination. 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.

If the talent refuses to attend more than three castings.

Public Liability

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. 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 the 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.

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.

Model / Photography Release Terms

The talent or models acknowledges that he or she is at least 18-years old, and has the right and ability to consent to the terms herein, and further, that he or she is authorised and able to sign on behalf of all persons listed above as a talent.

I also consent to the use of any printed matter in conjunction therewith.

The talent hereby release, discharge and agree to hold harmless photographer 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.

The talent agrees to use AEFMs recommended photographer for their initial portfolio shoot.

The talent acknowledges that he or she will receive their (12) professionally ‘edited’ images within 21-working days. The images received will be a total of 1 Mb each in size and in JPEG format.  

The talent agrees to pay in full for his or her photo shoot 7-days prior to the actual shoot date.

Upon receiving full payment only then is the shoot confirmed.

Any additional images purchased are also subject to our commercial usage policy and are also owned by AEFM.

RAW image files  and Video footage is held for up to 6-months. Post this term, all content is deleted from AEFMs hard drives. 

AEFM from time to time may use sub contractors. These photographers, are appointed by AEFM and are subject to AEFMs terms and Conditions.  

AEFM do not issue refunds for confirmed portfolio shoots.

AEFM reserve the right to modify the photo shoots, including dates, times, availability and prices according to the constraints imposed by the sub-contracted photographer, partners, sub-contractors costs.

AEFM also reserve the right to inform the talent about the above modifications.

AEFM take no responsibility for the release of these images, all images submitted to AEFM are subject to our usage terms.

Under no circumstances do the talent ever receive RAW image files or RAW video footage.

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.

AEFM may seek injunction relief against the talent if the talent breaches this Agreement.

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 companies use them worldwide without written consent prior. All images and video footage taken by AEFM remain the property of AEFM.

The talent acknowledges that should he or she want to have their image published “Commercially”, the talent must request in writing to info@aefm.com.au for AEFMs consent prior to releasing any images.

The talent acknowledges that he or she and third party will be in breach if they edit, copy, paste, distort, or reproduce any photography materials produced by AEFM. Images are available for purchase directly from AEFM.

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.

By sighting this ‘Model Release Form’ and or Terms and Conditions the talent gives consent to receiving fortnightly newsletters. You can unsubscribe at any time.

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.

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 fulfill 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..

No pictures or videos are to be taken during the professional shoots without the consent of an AEFM representative.

Model Release Form’ and the Terms within can be subject to change.

AEFM ‘Copyright’ Images may not be sold to any third party without our written consent prior.

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 talent@aefm.com.au

This agreement is subject to change.