Terms and Conditions
MODEL / CLIENT/ BRAZEN RELATIONSHIP
A model (Artist) engages Brazen Models Pty Ltd (Agency) to be their agent representative and the Agency has the Artist’s written authority to enter into contracts with any and all Clients on their behalf.
The Client is defined as the “payer” 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).
The Agency 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 Client and Artist once a booking is confirmed with the Agency 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, the Agency is entitled to raise invoices and collect monies on behalf of Artist, as an intermediary, even though the contract exists between Client and Artist.
Clients must provide a safe work environment under the Occupational Health and Safety Act 2004 [OHS act]. Brazen reserves the right to inspect the work place to establish whether the workplace is safe prior to or during the booking.
AGENCY SERVICE FEE/ BOOKING FEE
The Agency Service Fee (ASF) or Booking Fee is a mandatory charge on all bookings made with The Agency for all Artists and is not a negotiable fee for the purposes of making a booking. The ASF is calculated at 20% (GST exclusive) of the Total Artist Rate for all jobs (including usage fees). When GST is added, at 10%, the Booking Fee percentage, including GST, is 30% of the Total Artist Rate/Fees.
GST is charged at the Government set rate (currently 10%) on the Agency Service Fee only.
Photographic rates apply to preparation time (hair and makeup), shoot time and include 12 months of online usage: web, socials and eDMs only.)
All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate. In accordance with the ATO’s “PAYG withholding for performing artists”, The Agency is permitted to raise invoices to include the non-GST Artist rate component as well as the Agency’s “Booking Fee” and GST on the one invoice.
All Artist rates 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.
The total hours that a model is booked for is the minimum hours that the model must be paid for. If a job 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. The duration of a booking can only be shortened if outside of two business days prior to booking.
A model must be paid from their call time, regardless of when hair and makeup starts or when the shoot/ event starts. Having crew members arrive late and therefore commence later does not mean the model gets paid from the later start time.
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 overtime, constituting an additional hour to be charged. Any overtime 19 minutes or under is not charged.
THE WORKING DAY
A Full Day applies to 8 hours.
Bookings commencing before 8am or after 8pm attract a 20% rate increase.
Brazen does not charge penalty rates for weekends.
A 25% rate increase applies to bookings on public holidays.
MINIMUM BOOKING DURATION
The minimum booking time is two hours.
E Comm shoots are deemed product shots only and does NOT include Social Media, Landing Pages, Banner Shots or eDMs. (Each to be negotiated separately prior to shoot as this usage is deemed Digital Campaign).
E-Comm rates are either recognisable or un-recognisable (below nose) and must be advised by the client prior to the shoot.
12 months of online only usage is included in the model’s rate.
All photography is to be used for the purpose for which it was originally shot as itemised in the The Agency Booking Confirmation approved in writing by the Client at the time of booking. It is the client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) Advertising, Swing Tags, Posters, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorised with The Agency prior to the booking taking place. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. The Agency 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 The Agency will be deemed unauthorised usage and will be subject to legal proceedings.
Ownership of all images of the Artist remains with the Artist at all times and any unauthorized use or replication of their image will be an infringement of Australian Copyright Laws. At no time does ownership of any image of the Artist revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Artist via The Agency. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the The Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Fees”. The photographer to this extent agrees to restrict use of his/her copyright, and if the Client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and to obtain their agreement prior to the commencement of the shoot. Photographers may not use Test Photography for any commercial purpose unless specific arrangements have been made with The Agency in writing.
SPECIFIC MAINTENANCE REQUESTS
When spray tans, manicures or additional hair maintenance is requested, the client must reimburse for these costs.
Full payment for the booking is due 7 days from receipt of invoice, unless otherwise approved by Brazen in writing.
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.
A finance charge of 10% per month will be charged on all invoices not paid after 30 days. Brazen reserves the right to turn over a client’s unpaid account to a collection agent.
Once the client has confirmed their Booking Confirmation in writing (via email) a fee of 50% applies for cancelling the booking. A cancellation fee of 100% applies if the cancellation is made within two business days prior to commencement of the booking.
POSTPONING/ BAD WEATHER
A booking can be postponed once at no charge (if outside of two business days.) Second postpone = 50% of fee. Third postpone = 100% of fee.
HOLDS / OPTIONS
Holds must be released or confirmed two working days prior to booking, otherwise other options or definite bookings can take precedence.
HAIR AND MAKE-UP
Models must be paid 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, there is a flat fee of $100++ (for up to two hours.)
A travel fee applies to any booking location 30 minutes or more from Melbourne CBD.
Clients are responsible for a model’s meals on full day location shoots and all bookings outside of the metropolitan area.
Models’ services are supplied on a non-exclusive basis unless otherwise negotiated by the client at the time of booking. 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 any conflicting work has been previously done by the model. If the model advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
It is the responsibility of the client to ensure that they have adequate levels of Insurance to cover all models used at all locations (including travel to and from a location). The Agency 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.
THIRD PARTY BOOKINGS
Where a booking is made by a third party to bill to the client and that person is not legally associated with the client, then the person/business that made the booking will be held liable for any non-payment of a booking by the client.
If a client is dissatisfied with a model’s appearance or performance, they must report it to the agency during the course of the booking or immediately after. A full refund will be made within 48 hours of the booking. No action can be taken for complaints that are received after 24 hours has passed.
Note: we recommend that each client hold a casting to meet shortlisted models in person prior to booking a model.