SILHOUETTE MODELS TERMS & CONDITIONS

 

 

MODEL, CLIENT, AGENCY RELATIONSHIP
A model (artist) engages Silhouette Models (agency) to be their agent representative. The agency has written authority to enter into contracts with clients on their behalf.
The Client is defined as the “payer” by the Australian Taxation Office (ATO).
The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”
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 the 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]. Silhouette Models reserves the right to inspect the work place to establish whether the workplace is safe prior to or during the booking.

INSURANCE AND TAXATION
Silhouette acts as the Agent for and on behalf of the Artist and is not the Artists employer. The Australian Taxation Office (ATO) regards the end user of the models services as entering into a contract of employment with the Artist.
Unless otherwise agreed with Silhouette, the client is responsible for all taxation obligations associated with each job and the client must have and maintain appropriate insurance to cover the Artist during the course of the job.
The client is responsible for the Artists health and safety when the Artist is providing services in connection with a booking, to the same extent as if the Artist were an employee of the client.
Silhouette Models acts as an Agent and is not responsible for any act/s or omission/s of the model or the consequences of any such act/s or omission/s.

RATES/OVERTIME
Agreed Artist rates apply to time only and do not include usage unless stated.
All Artist usage/loading rates will be quoted separately.
Overtime is charged at the agreed Artist rate unless before 7am and after 6pm when overtime will be charged at time and a half.
Saturday is charged at time and a half.
Sunday is charged at double time.

BOOKING FEE/AGENCY SERVICE FEE (ASF)
The Booking Fee or Agency Service Fee is a mandatory charge on all bookings made with the Agency for all Artist’s and is not a negotiable fee. The Booking fee is calculated at 15% on top of the total Artist rate for all jobs (including usage fees).

GST – GOODS AND SERVICE TAX
Goods and Services Tax (GST) will be charged at the Government set rate (currently 10%).

PAYMENT TERMS
Full payment is required upfront for all new clients.
For existing clients payment is required within 14 days of invoice date.
Payment to be made to nominated account on Silhouette Tax Invoice.
Interest charged at 5% per month will be added on top of all invoices not paid after agreed term.
Silhouette reserves the right to turn over clients unpaid account to a collection agent. 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 and solicitor’s costs.

NON-SOLICITATION
The client will not either personally or by any other method make an agreement with the Artist for any work as a model or extra or any other work of a similar nature such as is booked by Silhouette Models or for any other work other than through the Agency Silhouette Models.

The Client must not, without providing prior written notification to Silhouette, offer to retain any of Silhouette’s models or permit any other person to offer to retain any of Silhouette’s models, whether directly or indirectly. If during the term of any hire or within twelve (12) months of the expiration of any hire, a current or former Silhouette model is retained directly or indirectly by the client (or any entity associated with the client) to provide a role, perform work, services or activities for the client (or any entity associated with the client), similar in nature to that for which the model or former model was provided to the client then the client must immediately pay a negotiated placement fee to Silhouette.

COMPLAINTS & BILLING DISCREPENSIES
Any cause for complaint must be reported to the Agency during the course of the booking or immediately thereafter.
The Agency acts solely on behalf of the Artist and whilst making every endeavour to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on a job.

CASTINGS
An Artist’s attendance at a casting is free of charge provided waiting time is no longer than 20 minutes and only 3 garments or less are modeled. Should waiting time be longer than 20 minutes and/or more than 3 garments modeled, the Client shall be charged for a 1 hour booking. Measurements and images of the Artist may be taken at the casting. Strictly no image use is permitted.

FITTINGS
The Artist fee is for the Artist’s attendance only and does not include any use of the Artist’s image.
Bookings are 2 hour minimum and then charged in hour blocks thereafter unless otherwise agreed with the Agent prior.
We allow 19 minutes overtime, 20 minutes constitutes another hour block.
Fitting rates to be negotiated with Silhouette prior to booking.
Fitting of ‘intimate’ apparel (such as lingerie, swimwear, bras and underpants) is charged at a rate of time and a half.
If a booking is cancelled within 24 hours of the agreed start time, the client shall be charged the full fee for that booking.
Signed terms and conditions are required before proceeding with fit bookings.

SHOWINGS
The Artist fee is for the Artist’s attendance only and does not include any use of the Artist’s image.
Bookings are 2 hour minimum and then charged in hour blocks thereafter.
We allow 19 minutes overtime, 20 minutes constitutes another hour block.
Showing rates to be negotiated with Silhouette prior to booking.
If a booking is cancelled within 24 hours of the agreed start time, the client shall be charged the full fee for that booking.
Signed booking confirmation form is required before proceeding with bookings.

RUNWAY/CATWALK
The Artist fee is for the Artist’s attendance only and does not include any use of the model’s image.
Bookings are 2 hour minimum and then charged in hour blocks thereafter.
Artist’s are paid for their time to model clothing in front of a live audience. No image usage is included this must be negotiated prior to image use.
We allow 19 minutes overtime, 20 minutes constitutes another hour block.
Runway rates to be negotiated with Silhouette prior to booking.
If a booking is cancelled within 24 hours of the agreed start time, the client shall be charged the full fee for that booking.
Signed booking confirmation form is required before proceeding with bookings.

VIDEO AND TVC’S
Video’s and commercials (TVC’s) are to be negotiated at the time of booking.
Video’s and TVC’s are quoted for twelve months on air for Australia only. Additional territories must be negotiated at the time of booking. MEAA contract must be provided, completed and signed by Silhouette as the Artist’s representative. The first on air date must be confirmed in the contract, if the on air date can not be specified it will be deemed to be within 30 days of the shoot date.

SHOOT RATES
Rates are quoted per hour, half or full day or other negotiated rate.
If job runs 20 minutes or more into the next hour, overtime will be charged at negotiated hourly rate therefore an additional full hour will be charged.
Sleepwear is charged at time and a half of the Artist’s normal hourly rate.
Underwear & Swimwear is charged at double time of the Artist’s normal hourly rate.
For semi-nude work, minimum of double Artist‘s hourly rate or by negotiation.
The Agency must be clearly advised and discuss with the model before accepting any semi-nude bookings.
The rate applies to the booking time only and does not include usage.
Standard hours for a booking are between 8am – 6pm, outside of these hours penalty rates apply.
Bookings before 8am and after 6pm are charged at time and a half.
Saturday’s are charged at time and a half.
Sunday’s are charged at double time.
Signed booking confirmation form is required before proceeding with bookings.

E COMMERCE SHOOTS
E Commerce shoots are deemed product shoots only and does not include Social Media, Landing Pages, Banner Shots or EDM’s. Each requirement to be negotiated with the Agency separately prior to the shoot as this usage is deemed Digital Campaign.

E Commerce – Recognisable
Is shot including the head and must be advised by the Client prior to the shoot.

E Commerce – Unrecognisable
Is shot below the nose and must be advised by the Client prior to the shoot.

Minimum bookings are 2 hours unless otherwise negotiated with the Agent.

USAGE
All images are to be used for the agreed usage at the time of booking.
Rates are quoted for use in Australia for 12 months use only, unless otherwise specified.
Any additional usage is to be negotiated with the Agency prior to usage period.
Specific types of usage such as posters, billboards, bus shelters, light boxes, stills on TVC’s, display cards, magazine inserts, swing/hang tags, show cards, packaging and social media/internet etc. all require payment of additional fees as negotiated in addition to payment for the model’s shoot time.

COPYRIGHT
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 tome does the ownership of any image of 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 Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Feed”. 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 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.

VARIATION – BOOKING & ACTUAL TIME
Should the actual job time vary from the booking time (e.g. The Artist is booked for 3 hours and actual job time is only 2 hours), the Client shall be charged for the full booking time, unless at least 24 hours notice is provided by the Client.

HOLDS
Holds must be released or confirmed 48 hours (one working day) prior to booking. To confirm job, Client must sign and return a booking confirmation form provided by Silhouette. If a hold is not released/confirmed the Agency reserves the right to cancel the hold and allow other bookings to take place.

WEATHER HOLD DAYS
First cancellation – no fee.
Second cancellation – 50% of the total Artist fee.
Third cancellation – 100% of the total Artist fee.
All cancellations are 100% of the total Artist fee if the same model is not rebooked.

CANCELLATIONS
The Agency requires 24 hours notice (business hours) for all bookings. Once the Client has confirmed their Booking Confirmation Form a cancellation fee of 100% of the full fee applies if the cancellation is made less than 1 full business day prior to commencement of job.
If booking is for multiple days, notice of the same number of days must be given in order to cancel without penalty. For example, for a booking of 3 days, 3 business days notice must be given otherwise the full fee for the entire 3 day job must be paid.

HAIR / MAKE-UP / REHEARSALS/ FITTINGS/ WARDROBE CHECKS/ RECALLS
Charged at the full hourly rate or as otherwise negotiated prior to the booking.

MAINTENANCE REQUEST
If a client requires tanning, manicure or any additional maintenance the client will be charged to reimburse the Artist for the total actual cost.

CHANGE TO MODELS APPEARANCE
A client can not make any changes to the models appearance including but not limited to hair colour/length, eyebrows, eyelashes, nails or tan without prior consent from the Agent and the model. Any changes will require consultation with both Silhouette and the model.

TRAVEL TIME
Full hourly rate when outside 10 kilometre radius of city CBD. Travel time is calculated from time of departure to time of arrival. Travel days are charged at half the Artist’s negotiated daily rate.

MEALS
Clients are responsible for providing meals on full day location shoots and all bookings out of the metropolitan area.

EXCLUSIVITY AND RESTRICTIONS
Artist’s services are supplied on a non-exclusive basis unless negotiated by client at time of booking. If a client requires a model to be excluded from performing modelling services relating to competitive products this will be negotiated at a higher rate and must be confirmed prior to the commencement of the shoot. It is Client’s responsibility to check, at the time of the booking

INFLUENCERS & SOCIAL MEDIA REQUIREMENTS
If a Client requests the Artist support their product on social media this must be confirmed with the Agency prior to the shoot. The Artist will have full creative control of content posted to their social media platform and will choose the content and time of the post. Hash-tag or mentions must be agreed prior to the day.

TEST SHOOTS
Images are not for commercial use unless the photographer has negotiated with Silhouette prior to the shoot.