Terms and Conditions
Exquisite Management Booking of Models and Talent Terms and Conditions for all Clients
All clients should read this carefully before booking our model/talent.
Exquisite Management terms and conditions are applicable for ALL model and talent bookings.
Exquisite Management) is Contracted by Talent to be their representative in the industry and at no time is the relationship one of employer/employee which is confirmed within the Australian Taxation Office's "Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers". The complete Guidelines can be viewed/printed from the Australian Taxation Office web site. Under these Guidelines it is stated that irrespective of whether the relationship of the Talent with the Client is deemed to be that of employee or independent contractor, the "End-User" of the Talent's services (the Client) is responsible for withholding PAYG Taxes from the Talent Rates and the payment of Talent's Superannuation, in accordance with current Superannuation Legislation. Authority may be given by the Client to enable EMM to handle the Client's PAYG Tax obligations and/or the Client's Superannuation responsibilities on their behalf. Giving Authority to Exquisite Management does not extinguish your PAYG or Super obligations, nor any other obligation that may arise under the Talent /Client relationship.
As EMM at no time is deemed to employ Talent, it is the responsibility of the Client to ensure adequate levels of Public Liability Insurance exist to cover all Talent used at any/all locations (including travel to and from a location). An alternative is to include amounts paid to Talent with the Client's annual Workers' Compensation Insurance calculations so that they are then covered under the Client's Workers' Compensation Insurance policy when performing work for the Client. Exquisite Management is not required to, nor holds, any insurances for Talent (excluding Public Liability when Talent are physically in our offices).
1. Permitted use: Booking fees cover the right to use an image for one year from the date of the booking, within Australia only, for the initial permitted use, for one product only.
2. Rates: Booking fees are charged by the day, half day, or by the hour. Usage charges (loadings) will be charged on top of flat fee depending on usage needed.
3. Usage: Additional fees are payable for the right to use the photographs (or reproduction, or adaptations of, or drawing there from, either complete or in part, alone or in conjunction with any working or drawings) for all known or anticipated purpose other than the initial permitted use, eg. Brochure, Catalogue, Magazine, POS, Billboards, Internet, Bus Sides, Trade Shows etc.
a) The overtime rate is one and a half times the daily rate and is charged after the booking time. Increments of 15mins are charged at a full hour.
b) Sundays and public holidays are double time.
5. Hair/Makeup/Fittings/Rehearsals: Fees are charged at half the booking fees hourly rates.
6. Location bookings: If a model on location is prevented from returning to Sydney on the same day of completion of the location booking, an additional amount equivalent to half the daily fee is to be paid. (N.B. When a location booking is made, the client must provide full details on transport to the location and return to be charged.)
7. Booking Fees: A Mandatory 15% agency service fee (ASF) applies to all Bookings or Rollover payments and will be added to Client invoice. This fee will added to the total model booking fee and usage fee for the total job.
8. GST: Goods and Services tax (GST) will be charged at the Government Set rate (currently 10%) where applicable and if required.
9. Product Exclusivity: 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 whether conflicting work has been done. If a model advertised a product, he/she is eligible to be engaged for work by any competitor unless an exclusion fee is negotiated.
10. Holds: Holding a model will be automatically cancelled unless confirmation is received within 48 hours.
11. Cancellations: A cancellation fee of 100% of full fee applies if cancellation is made within 24 hours prior to commencement of job. A Cancellation fee of 75% applies to bookings cancelled within 24-72 hours prior to commencement of job. A cancellation fee of 50% applies to any cancellations thereafter.
12. Weather permitting bookings:• First cancellation due to bad weather no fee applicable• Second cancellation 1/2 the fee applies• Third cancellation 3/4 of the fee applies• Fourth cancellation full fee applies• If the client fails to cancel in time to prevent the model’s attendance - full fee applies• All cancellations are full fee if the same model is not rebooked for sitting
13. PAYG Tax & Superannuation:
It is the responsibility of the "End-User" (the Client) to withhold PAYG Tax at 20%, according to the Australian Taxation Office Guidelines noted in the first paragraph of these "Booking & Billing Terms and Conditions", from the total Talent rate for the booking. The "End-User" (the Client) is also required to pay Superannuation Guarantee Charge (SGC - currently 9%) of the total Talent rate to the Talent's nominated Superannuation Fund. The fund currently used by all Talent is JUST Super located in Melbourne, and individual Talent's JUST Super membership numbers are printed on each invoice raised by EMM Authority may be given by the Client to enable EMM to handle the Client's PAYG Tax obligations and/or the Client's Superannuation responsibilities. Please Note: If the Client gives EMM authority to handle their PAYG Tax and Superannuation obligations, amounts for Superannuation are calculated on the total Talent rate for the booking, at current SGC percentage, and are additional to the Talent rate(s). As normal SGC conditions relate to Superannuation (monthly earnings threshold cutoff, applicable on some rollovers) it is EMM policy to ensure that an amount for Superannuation is separately indicated on each invoice raised under the Authority and it is then up to the Client's interpretation of the Australian Taxation Office Guidelines and current Superannuation Legislation as to whether Superannuation is actually paid to EMM. If the Client interprets that Superannuation is not applicable on an invoice, Exquisite Management will accept short payment of this invoice, by the Superannuation amount, as long as a remittance is included with the payment detailing the amount and reason for the short payment.
14. Payment terms: Full payment of invoiced job is required within 7 days of invoice date. Exquisite Management will charge a finance charge of 2% per month on all invoices not paid after 30 days. Exquisite Management reserves the right to pass all clients unpaid accounts over to a collection agent.
Please note: All fees are to be negotiated by Exquisite Management only. While every endeavour is to ensure satisfactory and efficient service to our clients, we cannot be held responsible for a model’s conduct on on assignment. We reserve the right to negotiate within the structure of these terms and conditions.
Complaints: Any cause for complaint should be reported to Exquisite Management. Complaints cannot be considered in retrospect.
Managerial Agreement As a Management company we provide Managerial Services including Performer reputation & Performer Career Development. With this additional fees are charged in Excess of the Industry Standard fee caps.
1.Talent is quoted a gross rate, and from this Gross rate our Management commission of 20% will be deducted.
2. Other Management costs are Website & digital comp card fee of $250. This is only deducted from work payment & not paid upfront.
3. Contractual agreements are drafted by the Client and returned to us prior to any booking of Talent. Any costs incurred by us will be deducted from the gross payment.
4. Talent are responsible for upkeep of their Casting Networks profile. This is done at the Talent's own expense (when subscribed to a premium membership - recommended)
5. Payment for any work carried out will be made to Talent within 7 days of Exquisite Management receiving from payment from 'client'.
6. Talent representation is considered to be yearly. No renewal required. Representation will continue unless either party requests termination, via email, giving 2 weeks notice.
7. Exquisite Management require exclusive representation. Any special circumstances need to be discussed with Exquisite, and will be treated on an individual basis.