Terms and Conditions

GEAR MODEL MANAGEMENT PTY LTD

TERMS AND CONDITIONS

GEAR Talent/Client Relationship

GEAR MODEL MANAGEMENT PTY LTD (GEAR) is engaged by Talent/models to be their representative within the industry and at no time is there an employer/employee relationship between GEAR and Talent/models. As such in accordance with the Australian Taxation Office “Pay As You Go” (PAYG) Withholding Guidelines for performing Artists, Agents, Advertising Agencies and Advertisers, available at ATO website @ http://www.ato.gov.au/businesses/content.asp?doc=/content/20615.htm, the ‘end–user’ (Client) of Talent/models is deemed to carry all obligations regarding PAYG tax deductions from talent/model fees and the payment of superannuation contributions applicable in accordance with current Superannuation Guarantee legislation.

Workers’ Compensation and Public Liability Insurances

It is the responsibility of the Client as ‘end-user’ of talent/models to ensure that it is adequately covered for Worker’s Compensation and Public Liability insurances that may arise as a result of the engagement of Talent/model Services. GEAR does not and is in no way obligated to carry such insurances for Talent/models.

Rates:

GEAR will quote all Talent/model rates separately. A minimum of two hours charged applies to all bookings. Lingerie, bras, panties, slips, pantyhose and all transparent loungewear and sleepwear are two hours minimum on set. Clients must specify type of Lingerie as GEAR must check with the Talent/model before confirming the lingerie booking. All usage is to be negotiated separately as rates apply to shooting time only.

All gross Talent/model fees are quoted exclusive of Statutory Superannuation Guarantee Contributions. Superannuation as the obligation of the end user should be factored into any budget as an additional cost on top of any Talent/model fees quoted by GEAR.

There will be no extra charge for a shoot that finishes within 20 minutes after the booked time. However an extra full hour will be charged for any work performed by Talent/models in excess of 20 minutes. GEAR does not charge half or quarter hours.

Tentative Bookings:

If the client does not exercise the option to release or confirm tentative bookings 24 hours prior to the start of the booking, GEAR has the right to cancel the booking allowing other secondary bookings to take place.

Definite Bookings:

All bookings are computed on an 8 consecutive hour day (inclusive of lunch break). Before 9:00am, after 5:30pm or after 8 consecutive hours, time and one half will be charged, unless other arrangements have been negotiated. Weekend and public holiday rates are to be negotiated separately.

Travel Time:

Travel time will be charged at half the hourly rate for all work performed further than 10klms from the Sydney CBD.

Preparation Time:

Makeup, hair, dressing and rehearsal time will be charged at full fee.

Cancellation:

Within 24 hours prior to the start of the booking, full fee will be charged. Cancellation of confirmed trips must be made 1 week prior to the booking, else the full fee will be charged up to a maximum of 3 days.

Product Booking:

All product bookings are subject to negotiation. No advertising, package, poster, billboard, point of sale, hanging banner, swing-tag, metrolite, package inserts, internet or use of Talent/model’s name may be used without prior approval of GEAR.

Exclusivity:

Exclusivity is defined as the exclusive use of a talent/model’s services in association with a particular product brand at the exclusion of competing product brands. Exclusivity fees will be negotiated in these circumstances. It is the client’s responsibility to verify, at the time of booking, whether the Talent/model has previously performed services for any conflicting product brand.

If the Talent/model advertises a product, she/he will be available for future competitor brands unless an exclusivity fee has been negotiated and received.

Usage and Copyright:

Talent/model images at all times remain the property of Talent/models and any unauthorised usage will be an infringement under Australian Copyright legislation. At no time does ownership of Talent/model images become the property of the photographer or the client and any usage of such images must be agreed to by GEAR and will attract usage charges as negotiated on behalf of Talent/models by GEAR. Usage rights are limited to the specific rights granted and may not be extended without negotiation. If usage was not negotiated or approved by GEAR, it reserves the right to charge a penalty fee on top of the fee usually charged for that usage.

Usage rights are not granted to the Client until payment in full has been received. Any unauthorised usage of Talent/model images may be subject to legal proceedings if the matter remains unresolved.

At no time does the photographer have the right to use Talent/Model images for any other purpose than has been agreed between GEAR and the Client. These terms and conditions of booking have to be drawn to the attention of the photographer by the client, prior to commencement of the shoot

Test photography by photographers must not be used for any commercial purpose, including portfolio use by the photographer, unless written agreement has been given by GEAR on behalf of Talent/models.

Client Responsibility:

Disclosure of extraordinary conditions or requirements is mandatory. Client must notify the agency of double, triple or group bookings. Client must provide adequate dressing facilities on all bookings. It is the client’s responsibility to notify GEAR of any discrepancies upon receipt of the invoices.

Payment terms:

GEAR will charge 16.5% plus GST compulsory SERVICE FEE on all booking and usage fees.
Our terms are strictly net 7 days from invoice date.
A finance charge of 3% per month will be charged on all invoices that are in excess of 30 days from the date of invoice. Should any invoices remain outstanding, GEAR reserves the right to turn over the client’s account to a third party for collection.
It is agreed that if the client’s account is forwarded to a third party, the client will pay a finance charge for late payment of 15% of all outstanding amounts.

Billing Discrepancies:

Any discrepancies must be addressed immediately upon receipt of invoice. Credit claims will not be recognised after 7 days from invoice date.

Complaints:

Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.

Litigation & Jurisdiction:

All matters that may require legal determination as a result of this Agreement shall be determined within the appropriate court jurisdiction of New South Wales.

GEAR MODEL MANAGEMENT Code of Conduct:

In reference to under age models for all forms of work – tests, submissions, editorials, fashion shows, videos, films and television commercials -. GEAR MODEL MANAGEMENT Pty Ltd expects our clients to adhere to the following terms:

1. No topless or nude pictures are permitted. We reserve the right to pull our model from the shoot and still charge for service rendered.
2. In case of shows, the model(s) is (are) not permitted to appear on the catwalk wearing “nude” or see through garments.
3. No pictures, videos or films depicting these models topless or nude will be permitted to enter the public domain. Any such deed will be in breach of this Agreement and will be deemed illegal.
4. Under age models should not be offered alcohol or any form of drugs.
5. Young models should not be made to pose with male models in any sexual connotation.

At GEAR MODEL MANAGEMENT we enjoy our working relationship with all or clients but we ask that you adhere to the above Code of Conduct to avoid complications of any kind. If you have any doubt with the above, please call us to clarify.