Booking & Billing Terms & Conditions

Talent/Client/Models & Actors Talent Management Relationship :
Models & Actors Talent Management (MATM) is contracted by  talent to represent them in the industry and at no time is the relationship one of employer/employee, a condition confirmed by the Australian Taxation Office's “Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers”.  Complete guidelines can be viewed on the ATO website.  Under the Guidelines it is stated that no matter 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 (i.e. the Client) is responsible for withholding PAYG Taxes from the Talent Rates AND the payment of the Talent's Superannuation, in accordance with Superannuation Legislation.  Authority may be given by the Client to enable MATM to manage the Client's PAYG Tax obligations and/or the Client's Superannuation responsibilities on their behalf.  Giving Authority to MATM does not extinguish your PAYG or Super obligations, nor any other obligation that may arise under the Talent /Client relationship.

Public Liability:
MATM is at no time deemed to EMPLOY Talent, so 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 own Workers' Compensation Insurance policy when performing work for the Client.  MATM is not required to, nor holds, any insurances for Talent (excluding Public Liability when Talent are present in our office).

Rates:
Please check and confirm Model/Talent rates when booking. Note that all rates quoted are Talent rates only.  Additional charges for Agency Service Fee & Superannuation (if applicable) are added at time of invoicing.

The Working Day:
Normal working hours are between 7am and 6pm, Monday to Saturday. Penalty rates apply outside these hours.  For bookings over 8 hours, a guaranteed Day Rate will be negotiated at the time of booking.

Hours Booked:
The total time booked at the start of the job is the minimum time for which Talent/MATM must be paid. Should a job finish before the originally booked time, Talent must be paid for the original hours booked.  If a job takes longer than originally booked, overtime/penalty rates will apply.  If the total booking time is reduced by the Client for any reason, with less than Two Working Days Notice, cancellation fees will apply.

Overtime & Penalty Rates:
Overtime is charged at time-and-a-half of the Talent's normal rate before 7am and after 6pm.  Special rates will be negotiated after 11pm and before 6am.  Saturday is regarded as a normal working day, but Sunday and Public Holidays are booked at time-and-a-half.

Finish Times:
Where a booking finishes up to 20 minutes past the hour, no extra hour will be billed. At 21 minutes and over, an extra hour is added to the billing at the appropriate rate and for any subsequent hours.

Fittings:
Fittings will usually be charged at half the Talent's normal hourly rate.

Sleepwear and Underwear:
Clients wishing to book models for Sleepwear or Underwear shoots will need to negotiate a special price.

Travel Rate:
Travel time is charged at the Talent's normal hourly rate. This applies to travel outside a 30km radius of the Newcastle CBD.  A full travel DAY is charged at half the negotiated Daily Rate.

Usage and Additional Talent Fees:
All photography is to be used for soley the purpose for which it was originally shot. It is the client's responsibility to notify MATM in writing of any intended usage before the shoot begins. Use of the images, by way of (but not restricted to) Advertising, Websites, Swingtags, Pack Shots, Posters, Billboards, Taxi-backs, Bus-Sides etc, must be negotiated and authorised with MATM before booking models.  In general, the confirmed booking and usage fees cover the right to use one image for one year from the shoot date, in Australia only, and in accordance with the usage agreed and paid for at the time of the booking. Usage rights are not granted to the Client until payment in full has been received by MATM. Any further extension of usage or territory must be immediately notified to and negotiated with MATM, which 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 MATM will be deemed unauthorised usage and will be subject to legal proceedings.

Copyright:
Ownership of all images of MATM Talent remains with Talent 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 Talent revert to either the Photographer or Client, and images can only be used where Usage fees have been agreed and paid to the Talent via the MATM office.  The photographer is not entitled to use any of the images taken for any use beyond that agreed at the time of booking. 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 this/her 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 MATM in writing. Photographers wanting to use images for portfolio use must obtain permission from MATM.

Exclusivity:
It is the Client's responsibility to check, at time of booking, whether any conflicting work for a product or campaign has been previously performed  by the Talent. If the Talent advertises or endorses a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.

Provisional Bookings:
If the Client does not exercise their option to release or confirm a provisional booking, MATM reserves the right to cancel the provisional booking, allowing any definite bookings to take precedence.

Weather Permitting Bookings:
It must be specified at the time of the booking the type of weather required.  A first cancellation attracts NO fee.  A second cancellation attracts a fee of 50% of the total booking price.  A third cancellation (and any further cancellations attract a fee being 100% of the total booking fee.  A 100% Cancellation Fee will be charged if the original model is not re-booked.

Cancellation Fees:
On all bookings, if a job is cancelled with less notice than two working days, a cancellation fee of 50% of the total fee for the booking will be charged.  If less notice than one working day is given, a cancellation fee of 100% of the total fee will be charged. If talent arrives at the location of a job and the job is cancelled, a cancellation fee of 100% of the total fee for the booking will be charged.  For trips and bookings of three days duration (or longer), if the booking is cancelled within a period equal to or less than the length of the booking a cancellation fee of 100% of the total fee will be charged.

Television:
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in Australia. Any time extensions of time or territories must be negotiated at time of booking. No Talent may commence a television booking until the applicable MEAA contract has been completed and signed by MATM as the Talent's representative.  If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within four (4) weeks of the shoot. MATM is under no obligation to extend usage beyond the time agreed in the contract.

Complaints:
Any cause for complaint should be reported to MATM during the course of the booking. No claims or alterations to the negotiated fee will be accepted after an invoice is issued.  MATM acts SOLELY  for and on behalf of our Talent and whilst making every effort to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a model's conduct during an assignment.

Agency Service Fee:
Our agency Service Fee is a mandatory charge on all bookings made with Models & Actors for all talent and is not a negotiable fee for the purposes of making a booking.  The Agency Service Fee covers MATM costs for Client-specific services and may include such services as our website, couriers to Clients, administrative charges, and administrative fees for PAYG Tax and Super on Client's behalf.  The Agency Service Fee is calculated at 10% (GST exclusive) of the Total Talent Rate/Fees for all jobs (including usage fees).  When GST is added, at 10%, the Agency Service Fee percentage, including GST, is 11% of the Total Talent Rate/Fees.

Payment:
Payment is required within 30 days from the date of invoice. In all cases the client booking the model will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking.  If the Client fails to pay the amounts due, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees or legal costs.