TERMS & CONDITIONS

1. Agency – Model – Client Relationship

FiveTwenty Model Management (“the Agency”) acts as the representative of Models/Artists (“Artist”). The Artist has granted the Agency written authority to enter into contracts with any Client on their behalf (“Client”).

  • The Agency is an “Intermediary” as defined in the ATO’s Superannuation Guarantee Ruling SGR 2005/2.
  • All Clients engaging Artists represented by the Agency must agree to be bound by these Terms & Conditions.
  • In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, the Agency may raise invoices and collect monies on behalf of the Artist, even though the contract exists directly between Client and Artist. The Client is defined as the “payer” under these ATO guidelines: ATO PAYG Withholding – Performing Artists
  • All bookings are exclusive of superannuation, payable by the Client in accordance with the Superannuation Guarantee Act 1992 (Cth).
  • The Client is liable for superannuation contributions at the current legislated rate.
  • If the Agency is required to meet any liability on behalf of the Client, the Client must indemnify the Agency for any resulting costs or losses.
  • A booking creates a contract between the Artist and Client once confirmed with the Agency, whether written, partly oral, or fully oral (refer to ATO SGR 2005/2, point 38).

2. Agency Service Fee

  • A 20% Agency Service Fee (ASF) applies to all Artist bookings, including usage fees, unless otherwise agreed.
  • GST is charged on the ASF only.
  • This fee is mandatory and non-negotiable.

3. Rates, Working Hours & Minimum Hours

  • Standard rates are based on an 8-hour day, with a 4-hour minimum booking.
  • Total booked hours are the minimum payable, regardless of early completion.
  • Early finishes do not reduce payment; Artists must be paid for hours originally booked.
  • Additional time beyond booked hours is billed at applicable rates.
  • Normal working hours are 7:00am – 6:00pm, Monday to Saturday.
  • Penalty rates apply outside these hours; overtime and weekend rates apply as detailed below.

4. Overtime & Finish Times

  • Overtime is billed at time and a half before 7:00am and after 6:00pm; Saturdays at standard hourly rate.
  • Sundays and public holidays are billed at time and a half.
  • Special rates apply for work between 11:00pm – 6:00am, negotiated case-by-case.
  • Shoots finishing up to 19 minutes past the hour incur no extra charge. At 20 minutes or more, a full extra hour is billed.
  • Half-hour increments are not charged.

5. Fittings

  • Up to 2 fittings are charged at half the Artist’s hourly rate; subsequent fittings at full rate.
  • Additional grooming, manicures, tanning, or hair treatments are charged at half the Artist’s rate plus actual costs, unless otherwise negotiated.

6. E-Commerce

  • E-Commerce bookings cover product shots only.
  • Social media, campaigns, landing pages, banners, or EDMs must be negotiated separately.

7. Usage Rights, Copyright & AI

  • Images may only be used as agreed and paid for in the booking confirmation.
  • Clients must notify the Agency of intended usage before the shoot.
  • Usage fees generally cover one image, for catalogue use, for one year in Australia, unless otherwise negotiated.
  • The Artist retains all copyright and image ownership, and unauthorised use may result in legal action.
  • The Client may not use, reproduce, alter, or train any AI or synthetic systems using the Artist’s image, voice, likeness, or performance - whether in whole or in part - without prior written approval from the Agency.
  • Any such AI usage requires separate licensing and consent, negotiated directly with the Agency.

8. Provisional & Weather-Dependent Bookings

  • If a provisional booking exists and a definite booking is confirmed, the Agency may release the provisional booking.
  • Weather-permitting bookings must specify the required conditions at the time of booking.
    • First cancellation: no fee
    • Second cancellation: 50% of total Artist fee
    • Third/subsequent cancellations: 100% of total Artist fee

9. Cancellation Policy

  • Less than 2 working days’ notice: 50% of total booking fee.
  • Less than 1 working day’s notice: 100% of total booking fee.
  • If Artist arrives on set and booking is cancelled: 100% of total fee.
  • Multi-day or extended bookings: cancellations within the booking period = 100% fee.

10. Insurance

  • The Client is responsible for maintaining adequate Workers Compensation Insurance for all Artists at all locations, including travel.
  • The Agency does not provide insurance coverage for Artists.
  • For Artists under 16 (NSW law), the Client must hold a current Authority to employ children and provide a safe environment.

11. Payment Terms

  • Payment is due within 14 days of invoice.
  • Prepayment or credit card pre-authorization may be required for other bookings.
  • Payment can be made via EFT or credit card; card surcharges apply.
  • Late payments incur collection costs, legal fees, and may affect future bookings.

12. Third-Party Bookings

  • If a booking is made by a third party not legally associated with the Client, the third party remains liable for payment.

13. Complaints & Billing Discrepancies

  • Complaints must be raised during the booking.
  • Fee disputes must be notified to the Agency within 7 days of invoice.
  • The Agency acts solely for the Artist and is not responsible for Artist conduct on assignment.

14. Exclusivity & Conflicts

  • Special exclusivity fees apply when work precludes Artists from working with competing products.
  • Clients must notify the Agency of any conflicting work at time of booking.
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