Booking Models Terms and Conditions For Clients
All clients should read this carefully before booking a model.
Model/Client/Tamblyn Relationship: A model (Artist) engages Tamblyn Model Management (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 “end user”, the Agency is an “intermediary”.
A contract is created between Client and Artist once a booking is confirmed with the Agency whether written and partly oral or wholly oral.
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.
Insurance: It is the responsibility of the Client to ensure that they have adequate levels of Workers Compensation Insurance to cover all Artists used at all locations (including travel to and from location). The Agency is not required to, nor holds any such insurance for Artists.
Rates: Agreed Artist rate applies to shoot time only not including usages. Usage/loadings will be charged on top of flat fee depending on usage needed. An additional charge for the booking fee will also be quoted separately to the Artist rate. Booking fees are charged by the day, half day, or by the hour.
Hours Booked: The Artist will not be paid any less than the total hours they were originally booked for regardless of whether the job was completed early. If a job takes longer than the original booked hours then overtime/penalty rates will apply. If the Client reduces the total hours for a booking with less than two working days notice, cancellation fees will apply.
Overtime & Penalty Rates: Overtime rates apply before 7am and after 6pm and are time and a half of the Artist’s normal rate. A special rate is negotiated after 11pm and before 6am. Saturday is an Artist’s normal hourly rate. Sunday and Public Holidays are at time and a half of the artist’s normal hourly rate.
Finish Times: Where a shoot may finish up to 14 minutes past the hour, no extra hourly rate will be billed. At 15 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. The Agency does not charge half hours.
Fittings: Fittings are charged at half the Artist’s normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Artist’s full normal hourly rate.
Specific Maintenance Requests: Manicures, tanning and any additional hair maintenance requests will be charged at half the Artist’s normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested maintenance to reimburse the Artist.
Sleepwear & Underwear: Sleepwear is charged at time and a half of the artist’s normal hourly rate. Underwear is charged at double time of the Artist’s normal hourly rate.
Travel Rate: Travel time is charged at the Artist’s normal hourly rate. This applies to travel outside 100km radius of the CBD. Travel days are charged at half the artist’s negotiated daily rate.
Usage & Additional Artist Fees: Additional fees are payable for the right to use the photographs (or reproduction, or adaptions of, or drawing there from – either complete or in part, alone or in conjunction with any working or drawings) for all known or anticipated purposes other than the initial arranged usages. This can be by way of (but not restricted to) advertising, swing tags, posters, show cards, pack shots, billboards, websites, bus-sides etc. In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one years from the shoot date in Australia only and in accordance with the usage agreed and paid for at the time of the booking. 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.
Copyright: Ownership of all images of the Artist remains with the Artist at all times and any unauthorized use or replication of their images 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 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 Agency Booking Confirmation accepted by the Client. 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 Time For Print photography for any commercial purpose unless specific arrangements have been made with the Agency in writing.
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.
Provisional Bookings: If the Client does not exercise their option to release or confirm a provisional booking, the Agency reserves the right to cancel the provisional booking, allowing any secondary or definite bookings to take precedence.
Weather Permitting Bookings: First cancellation – no fee. Second Cancellation – 50% of the total Artist fee for the booking. Third & subsequent cancellations – 100% of the total Artist fee for the booking. A 100% cancellation fee will be charged if the same model is not re-booked.
Cancellation Fees: This applies for all bookings, if a job is cancelled: With less than three working days notice prior to the commencement of the booking, a cancellation fee of 50% of the total Artist fee for the booking will be charged. With less than two working days notice prior to the commencement of the booking, a cancellation fee of 100% of the total Artist fee for the booking will be charged. On arrival of Artist at Booking/Job location, a cancellation fee of 100% of the total Artist fee for the booking will be charged. For trips and bookings for more than three days, if the booking is cancelled within a period equal to or less than the length of the booing a cancellation fee of 100% of the total Artist fee for the booking will be charged.
Television: Commercials and stills are to be negotiated at the time of the booking and are quoted for the twelve months on air for release in Australia only. Any time extensions or territories must be negotiated at the time of the booking. No Artist may commence a TVC booking until the applicable MEAA contract has been completed and signed by the Agency as the Artists representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 30 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
Complaints & Billing Discrepancies: Any cause for complaint should be reported to Tamblyns as it arises. Complaints cannot be considered in retrospect. Any claim or alteration to the negotiated fee must be notified to the Agency within 7 days of the invoice date. No alterations or amendments to invoiced rates will be accepted more than 7 days after an invoice is issued. Please note The Agency acts solely for and on behalf of our Artist and whilst making every endeavour to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.
Booking Fee: The booking fee (Agency Service 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 booking fee is calculated at 15% (GST exclusive) of the total Artist rate for all jobs (including usage and travel fees). When GST is added, at 10% the booking fee percentage, including GST is 16.5% of the total artist rate/fees.
Payment: Full payment of the invoiced job is required COD (or within 7 days if client has an approved credit account) from the date of invoice. Tamblyns will charge a finance charge of 2% per week on all invoices not paid after 7 days. Payment can be made by cheque, Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by Credit Card (Visa, MasterCard & American Express – please note a 3% cc fee applies). Tamblyns reserve the right to pass all clients unpaid accounts over to a collection agency.
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.
Please note: ALL fees are to be negotiated by Tamblyns only. While every endeavour is made to ensure satisfactory and efficient service to our clients, we cannot be held responsible for a model’s conduct on an assignment. We reserve the right to negotiate within the structure of these terms and conditions.