Terms and Conditions
By engaging Brazen Models Pty Ltd (ABN 47 622 409 652) (‘Brazen’, ‘Agent’, ‘we’, ‘us’, ‘our’) and the model/s we represent, you acknowledge that (i) you have read and understood these terms & conditions, (ii) you are an Authorised Representative of your Organisation and capable of binding your Organisation, and (iii) on behalf of yourself and your Organisation you agree to be bound by these terms & conditions which will form a legally binding agreement between you, your Organisation, Brazen and each model that you or your Organisation directly or indirectly engage or book.
This agreement is entered into by and between:
- You and each model you book in respect of modelling services they provide you; and
- You and Brazen in respect of the services that Brazen provides you.
AGENCY SERVICE & MODEL BOOKINGS
Brazen is the agent and representative of each model appearing on our website (www.brazenmodels.com.au/) or that we introduce to you or you book via Brazen. Brazen is authorised by each model to negotiate with you, accept your booking/s and enter this agreement on each model’s behalf.
If you require the services of a model then you must contact us directly. You must not contact a model directly, even if you, your photographer or personnel know or have worked with the model previously.
Brazen will consult with you regarding your requirements and facilitate the presentation, casting, engagement and booking of appropriate models as needed.
The pertinent commercial details of each engagement and booking, including rates, times, dates, usage, etc, will be detailed in a written Booking Confirmation which will form part of this agreement.
In consideration, you will pay Brazen an Agency Service Fee or Booking Fee (ASF) on all bookings of models that Brazen represent. The ASF is calculated at 20% plus GST of the total fees payable to models in relation to any bookings you make, including any usage fees, overtime, rehearsal/fitting fees, travel fee, cancellation fees, postponement fees.
When GST is added, currently at the rate of 10%, the ASF rate including GST, is 22%.
If the rate of GST changes then we will charge you the then current rate. If you directly book a model that we represent then we remain entitled to charge you the ASF.
Model fees will be separately quoted, along with the relevant ASF. In accordance with the ATO’s “PAYG withholding for performing artists”, Brazen is permitted to raise invoices to include the models fee as well as the ASF + GST on the one invoice.
The total hours that a model is booked for is the minimum hours that the model must be paid for.
If a booking finishes prior to the originally booked time, the model 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 will be charged at the applicable hourly rate as advised to you with the Booking Confirmation. The duration of a booking can only be shortened if requested in writing more than two Business Days prior to the booking date.
A model must be paid from their call time, regardless of when hair and makeup starts or when the shoot starts. Having crew members arrive late and therefore commence later does not mean the model gets paid from the later start time.
Models are to be booked and paid in either daily or hourly blocks.
Bookings commencing before 8am or finishing after 8pm attract a 20% rate increase for each hour or part thereof prior to 8am or after 8pm.
Models do not charge penalty rates for weekends.
A 25% rate increase applies to bookings that take place on public holidays.
Brazen will quote model rates on a per hour or full day rate. Overtime will be charged at the applicable hourly rate if the job runs 20 minutes or more overtime, constituting an additional hour to be charged per hour or part thereof. Any overtime 19 minutes or under is not charged.
THE WORKING DAY
A Full Day booking constitutes 8 consecutive hours inclusive of break time.
MINIMUM BOOKING DURATION
The minimum booking duration is two hours.
Upon full payment of all monies owed by you, you have the right to use the model’s images Online only for a period of 12 months from the shoot date as noted in the Booking Confirmation.
Any Non-Online use or extension of time, territory or location must be mutually agreed in writing and paid for in advance by the Client prior to that additional use.
All images are to be used for the purpose for which it was originally shot as itemised in the relevant written Booking Confirmation between you and us. It is the Client’s responsibility to notify Brazen of any intended usage upon requesting a booking and before the commencement of the shoot. Rights are never granted orally.
Non-Online Image uses must be negotiated and duly authorised by Brazen in writing on behalf of the model prior to the booking taking place.
You have no right to use any images, until you have paid us all amounts owing to the model and us in full.
If you require an extension of usage, location, territory or the like then you must obtain our written approval on terms to be agreed. Brazen 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 used without written authorisation or prior approval from Brazen will be deemed unauthorised usage and will be subject to legal proceedings with or without notice.
Ownership of all images of a model remain with the model at all times and any unauthorised use or replication of their image will be an infringement of copyright. At no time does ownership of any image of the model ever vest in or revert to either the photographer/s or Client and said images can only be used where all relevant fees have been agreed and paid in full to the model via Brazen.
The Client agrees that a photographer is not entitled to use any of the images of models that he/she takes for any use beyond that agreed in the relevant Booking Confirmation as agreed between the Client and Brazen. The Client must ensure that the photographer agrees to restrict his/her use of the images. The Client must procure the photographer to forever assign to the model all intellectual property, including copyright, in any image he/she takes of the model. If the Client is not the photographer, the Client must notify the photographer of this agreement, including the rights of the model and restrictions imposed on the Client and photographer and obtain the photographer’s prior written agreement that they will not cause the Client to infringe this agreement or infringe the rights of the model. Photographers may not use test photography/footage for any commercial purpose unless specific arrangements have been made with Brazen in writing.
Client is solely liable and responsible for securing all necessary rights, releases and waivers from photographers for the purposes of each booking and this agreement and paying photographers and any other third party involved in or associated with a shoot for their services, including art directors, hair & make-up artists, photographer assistants, other models and venues.
SPECIFIC MAINTENANCE REQUESTS
When spray tans, manicures or additional hair maintenance is requested of a model then the Client must directly pay for or reimburse Brazen or the model for these costs.
ASF and model payments (collectively Fees) are due and payable by you without deduction or set-off within 7 days of invoice date.
Payments can be made via direct deposit/ bank transfer and credit card. Please note that credit card payments incur a 2.6% surcharge. We do not accept payment via cash or cheque.
Interest at the rate of 10% per month, calculated daily from the due date and compounding monthly, will be charged on all invoices not paid within 30 days of invoice date. Brazen reserves the right to turn over a client’s unpaid account to a collection agent or lawyer. Brazen can charge you and you indemnify us for any debt collection, recovery or legal fees, on a full indemnity basis, related to the recovery of any unpaid monies payable by you to us or models.
If you cancel a booking then you must pay a cancellation fee equal to (i) 50% of the model’s expected fee for the booking if you cancel more than two Business Days’ prior to the booked shoot date, or (ii) 100% of the model’s expected fee for the booking if you cancel two or less Business Days’ prior to the booked shoot date.
You will remain liable to pay an ASF on the cancellation fee.
For clarity, if a shoot is booked to commence on a Thursday then you must cancel by Monday to avoid the 100% cancellation fee.
POSTPONING/ BAD WEATHER
Your booking may be postponed once at no charge (if upon three or more business days prior.) Second postpone = 50% of fee. Third postpone = 100% of fee. For clarity, if a shoot is booked to commence on a Thursday then you can postpone it on the Monday or earlier.
Postponement fees are in addition to any other fees you owe, including the model’s fees for service and ASFs
HOLDS / OPTIONS
Any models that you place on hold must be released or confirmed by you at least two Business Days prior to the held shoot date, otherwise your hold may be cancelled by Brazen and the model may be booked elsewhere without prior notice or liability to you.
For clarity, if a model is held for a shoot to commence on a Thursday then you have until the prior Tuesday or earlier to release or confirm it.
HAIR AND MAKE-UP
Models must be paid their full rate from their arrival time on site (their call time.) This includes hair and makeup time.
If a model is required to attend a rehearsal or fitting prior to the booking, a fee of $75 + ASF + GST applies (for up to one hour.) Any additional time in excess of one hour will be charged at the same rate ($75++ per hour.)
A travel fee of $75ph + ASF + GST applies to any booking location 30 minutes or more from the CBD (calculated using Google Maps.)
MEALS & BREAKS
You are responsible for a model’s meals on full day location shoots and all bookings outside of the relevant metropolitan area (eg Melbourne metro, Sydney metro, etc).
The model must receive one 30-minute break or two 15-minute breaks when doing a full day shoot.
The model’s services are supplied on a non-exclusive basis unless otherwise negotiated with you at the time of booking.
A special exclusivity fee and the terms of exclusivity will be negotiated and agreed in writing when you require a model to be precluded from modelling competing products.
It is your responsibility to check with Brazen, at the time of booking, whether any potentially conflicting work has previously been undertaken by the model.
It is your responsibility to ensure that you have adequate levels of insurance to cover all models used at all locations (including travel to and from a location). Brazen is not required to, nor holds, any such insurance for models.
Photographers may not use test shoots for commercial purposes unless specific arrangements have been made with Brazen on behalf of the model.
THIRD PARTY BOOKINGS
If you make a booking on behalf of or for the benefit of a third-party, such as your customer, then you remain primarily liable under this agreement, including all payments and compliance, irrespective of whether or not the third-party has paid you. You will indemnify and hold us and the model harmless for any infringement of this agreement, our or the model’s rights caused by a third-party.
If you are dissatisfied with a model’s appearance or performance, you must report it to Brazen during the course of the booking or immediately after. A full refund of any model fees paid by you will be made within two Business Days of the booking. No action can be taken for complaints that are received after 24 hours has passed.
Note: we recommend that you hold a casting to meet shortlisted models in person prior to booking a model.
MODEL / CLIENT/ BRAZEN RELATIONSHIP
Brazen is not the employer of models. Models engage Brazen to be their agent. You agree that Brazen is not responsible or liable for models, including the performance of their services, tardiness or no-shows. You book models at your own risk. Client acknowledges that it is the “payer” as defined by the Australian Taxation Office’s (ATO) “PAYG withholding for performing artists” guidelines. Web address for these ATO guidelines: https://www.ato.gov.au/Business/PAYG-withholding/In-detail/Performing-artists-contracted-to-perform-promotional-activity/?page=2#Performing_artists (refer to Withholding Requirements).
Client acknowledges that Brazen is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Web address for this ruling is: law.ato.gov.au/atolaw/view.htm?Docid=SGR/SGR20052/NAT/ATO/00001. See “Agency” definition from Point 69 onwards.
A contract is created between you and each model once your booking is confirmed with Brazen whether written, written and partly oral or wholly oral as stated in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2” (point 38).
In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, Brazen is entitled to raise invoices and collect monies on behalf of Artist, as an intermediary, even though the contract exists between Client and Artist.
All model fees quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The ATO’s “PAYG withholding for performing artists” guidelines, read in conjunction with the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”, state that the “end-user” (Client) of an Artist’s services is responsible for the payment of their Superannuation at the current rate published by the ATO. You must provide a safe work environment in accordance relevant workplace health and safety laws. Brazen reserves the right, though is not obliged, to inspect a model’s work-place to establish whether the workplace is safe prior to or during the booking.
In this agreement, the following words have the following meanings:
“Authorised Representative” means the individual/s who order our services or book models on behalf of the Organisation.
“Booking Confirmation” means the email from Brazen and accompanying book confirmation form (usually attached as a PDF) which contains the commercial details of your engagement of a model’s and our services.
“Business Day” is any day other than weekends and any public holiday.
“Marks” means a party’s name, trademarks, trade names, logos or similar identifiers.
“Non-Online” includes print, magazines, newspapers, catalogues, manuals, swing tags, in-store posters, signage, show cards, pack shots, traditional or digital billboards, bus/tram-sides, window displays, out-of-home advertising, monitors / screens in public places including in-store or in-mall, television, streaming services, cinemas or inflight, even if the Image is broadcast, displayed, disseminated or published via the internet.
“Online” means for advertising the Client’s goods and services on banner ads, websites, social media accounts and EDMs and excludes any Non-Online use.
“Organisation”, “Client”, “you”, “your” means the entity on whose behalf the Authorised Representative has requested our services or booked models. The types of organisations might include, advertising agencies, retailers, companies, partnerships, firms, trusts, associations, clubs, unions, government agencies or departments.
“Photographer” references to photographer include video or film camera operators.
“Image” references to Image include photographs, videos or films.
A party claiming that a dispute has arisen under or in connection with this Agreement (“dispute”) must notify the other party giving written details of the dispute. The parties agree to negotiate in good faith on a commercially realistic basis to resolve the dispute within 30 days of initial notification, before commencing any legal proceedings in relation to the dispute. Nothing in this clause will prevent a party from seeking interlocutory relief or debt collection of unpaid Fees.
On a royalty-free basis you perpetually allow us and relevant models to promote your current and prior use of our and each model’s services including the use of your Marks.
We may assign this agreement and license our rights.
Any notices must be in writing and delivered prior to 4pm on a Business Day. If delivered after 4pm then it is deemed to have been delivered at 9am on the next Business Day.
To the extent that any part of this agreement is invalid, unenforceable, illegal, void or voidable for any reason, then this agreement will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
Our or a model’s waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
We and a model will not be responsible or liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any matter beyond our reasonable control including any mechanical, electronic, communications or third-party supplier failure, acts of God, natural disaster, climatic or environmental events, tempest, fire, flood, storms, hail, accident, terrorism, industrial action, trespassers, civil disobedience, pandemic, epidemic, war and riots.
The words “includes”, “include”, “including”, “for example” or “such as” will be read to mean “including without limitation”.
These terms & conditions and the agreement between the parties is subject to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.