Spectrum commercial models Spectrum - Sydney Australia

The Gordon Management Group Pty Ltd (“GMG”) ABN 46 003 154 452

Platform   Spectrum   CuteKids

Suite 505, Level 5, 9 Bronte Road, Bondi Junction, NSW 2022 Australia.

Tel: (02) 9389 8655 

emails: info@gordonmanagement.com.au   accounts@gordonmanagement.com.au   mail@platformmodels.com.au              

TERMS AND CONDITIONS OF PROVISION OF MODELS TO CLIENTS                                            

In consideration of GMG, as agent for the model or the company supplying the model, agreeing to procure the availability of the model or company to enter into a contract of service or services with the client, it is agreed by the client that by booking a model, these terms and conditions apply as a contract between GMG and the client and also apply as part of the contract between the client and the model or company

IMPORTANT NOTICE

Neither the model nor a company supplying the model is an employee of GMG which acts as agent for and on behalf of the model or the company supplying the model as its principal.  Accordingly the tax department treats the booking contract as a contract of employment or services between the client who books the model and the model or the company as the case may be.

 TRADING TERMS

GMG will invoice the client for all payments due to the model or the company supplying the model and the client agrees to pay on invoice strictly within seven days.   There is no G.S.T. on models fees unless they are supplied by a company.  No dispute on GMG invoice will be recognised after seven days from posting of invoice.

A 16.5% Agency Service Fee (including G.S.T. on the Agency Service Fee) is payable to GMG on all bookings and will be included on the invoice.  

When GMG is required to use a debt collector for recovery of outstanding  payments, 15% will be added to the amount to be recovered.

PHOTOGRAPHIC RATES

Hourly rates for photographic work are quoted at the time of booking.

Bookings may be for full hours only.   For 1 hour bookings, after 5 minutes into the next hour, 2 hours will be charged. For bookings of 2 hours or more 20 minutes into the next hour constitutes a full hour.

Special rates apply as follows:

Interviews:-- first - no fee;  second - half hourly rate

Before 7.00am or after 7.00pm - time & half  //  11.00pm to 5.00am - double time // Saturdays – normal time // Sundays & Public Holidays - double time

Bras, girdles, briefs, pantyhose - double time //  Lingerie - time & a half;  Mens underwear - time & a half

Nude & semi-nude - by negotiation only  //  Hairdressing & make-up - full hourly rate

Fittings & wardrobe calls - half hourly rate

TV COMMERCIALS AND RADIO RATES

Fees are quoted at the time of booking.   A standard contract for the model or the company supplying the model must always be supplied by the client in addition to these terms and conditions and must include rates and rollover provisions.   For voice-overs, current Actors Equity rates apply to both radio and TV voice-over work (no half rates).

GENERAL CONDITIONS

Holds: Must be released or confirmed 24 hours (one working day) prior to booking, otherwise models will be made available for other bookings.

Cancellations: A full fee applies for bookings cancelled within 24 hours of the assignment.

Weather Check Postponements: First - no fee;  Second - half fee;  Third - full fee. When models are cancelled and not re-booked, the full fee will be charged.

Travel: Full hourly fee applies for return travelling time to and from a 10 kilometre radius from Sydney GPO.

Loadings: Special loadings apply to many usages including posters, billboards, display cards, brochures and packaging, and also cigarettes, alcohol, hair, beauty and personal embarrassment products.   Check with GMG at time of booking.

Exclusivity & Non-Competition: Unless expressly agreed in writing and subject to negotiation of extra fees, models are not supplied on an exclusive basis and the client acknowledges that models supplied pursuant to this contract may also be used in relation to goods or services which are in competition with the goods or services in respect of which the work of the model is used or proposed to be used. The client accepts full responsibility to brief GMG as to any potential conflict and indemnifies GMG and the model or the company supplying the model against any claim from any person in respect of alleged conflict, competition or non-exclusivity.  

Usage: Extent of usage of photographs, voice-overs or filmed footage must be indicated at the time of booking.   Extended usage or repetition of such material incurs additional fees.

SPECIAL CONDITIONS RELATING TO CHILDREN

Under current laws, the hours children are allowed to work vary from age to age.   Please check with the agency before booking.   The NSW Office of the Children’s Guardian licenses the employment of children in entertainment under 15 years of age.   It is your responsibility, as the employer, to comply with the department's conditions.   Further details may be obtained by contacting the department's Children's Employment Officers on (02). ) 8219 3600.

NB: The minimum length of photographic assignments for children booked through GMG Cute Kids division is two hours.

LIMITATION OF LIABILITY

Liability of GMG

Apart from agreeing to procure the availability of the model or company to enter into a contract of service or services with the client and to administer this contract between GMG and the client on these terms and conditions, the client agrees that GMG has no liability whatsoever to the client, including liability for loss of profit or consequential loss or liability for negligence, arising directly or indirectly from the performance or non-performance of this contract or the contract between the model or the company supplying the model, or in respect of any representation made by any person in relation to any such contract. The client agrees with GMG that all warranties, guarantees, terms and conditions that may otherwise be implied in this contract are hereby expressly excluded provided that where any warranty or condition is implied by statute and cannot be excluded, the liability of GMG is hereby limited to either, at GMG’s option, procuring again the availability of the services of the model or paying the fee for the model. The client hereby indemnifies GMG against all and any claims or liabilities whatsoever from any party arising directly or indirectly from the performance or non-performance of this contract or the contract between the model or the company supplying the model or from the use made or proposed to be made by the client of the work of the model supplied pursuant to this contract.

Liability of the model or the company supplying the model

The model or company has no liability whatsoever to the client, including liability for loss of profit or consequential loss or liability for negligence, arising directly or indirectly from the performance or non-performance of the contract between the model or the company supplying the model, or in respect of any representation made by any person in relation to any such contract. The client agrees with the model or the company supplying the model that all warranties, guarantees, terms and conditions that may otherwise be implied in the contract are hereby expressly excluded provided that where any warranty or condition is implied by statute and cannot be excluded, the liability of the model or the company supplying the model as the case may be is hereby limited to either, at the model’s or the company’s option, procuring again the availability of the services of the model or paying the fee for the model. The client hereby indemnifies the model or the company supplying the model against all and any claims or liabilities whatsoever from any party arising directly or indirectly from the performance or non-performance of this contract or the contract between the model or the company supplying the model or from the use made or proposed to be made of the work of the model supplied pursuant to this contract.