BOOKING AGREEMENT
This Agreement sets out the terms on which we will provide the Services to you. We will treat you as having accepted these terms and conditions and entered into an agreement with The Trustee for Roberts Family Trust T/A Pro Fit Models (ABN 86 206 383 027) of 202/33 Lexington Dr, Bella Vista NSW 2153, each time you request a booking.
Fittings
Models are chosen based on their measurements. Is it up the agency and model to keep/maintain the requested measurements by the client.
Showings/Ranging
Models that are booked for showing/ranging presentation will be paid by the hour from arrival to departure.
E Commerce Photoshoot (eComm)
Ecommerce shoots include use for Social media, Landing pages, Banner Shots or EDMs for 12months usage.
Ecommerce rates are either recognisable or non-recognisable and must be advised by the client prior to shoot.
Runway and Catwalk
Models appearing on runway are paid for their time to model clothes in front of a live audience.
Social Media Posts/Influencing
You may request a model to post on social media, however the model retains absolute creative freedom, discretion, and the right to decline. Where a model agrees to a social media post, additional fees shall be payable and must be negotiated exclusively with us prior to any post.
Bookings
Once a booking is confirmed you agree to be bound by these terms and conditions
Hours Booked
If a job finishes prior to the originally booked time, you will be invoiced for the original hours booked regardless of whether the job was completed early.
If a job takes longer than the originally booked hours, you will be charged in 30 increments for fittings and 60mins for photoshoots.
If a job occurs outside normal hours (8am till 6pm) penalty rates will apply.
Working hours for models
Normal working hours are between 8am and 6pm, Monday to Saturday, penalty rates apply outside these hours.
Overtime, Penalty and Surcharges Rates:
Our standard fees are for modelling and fitting of apparel only. Surcharges apply for swim, intimates and sleepwear.
Fittings & Showings: After 10 minutes overtime we charge in 30-minute increments.
Photoshoots & Runway: After 20 minutes overtime we charge in 60-minute increments.
Penalty Rates of time plus 50% apply to hours outside normal working hours and public holidays.
Cancellation
Once we have confirmed a booking you may only cancel via email. Cancellation fees may apply depending on the period of notice provided, as detailed below:
- More than 48 hours’ notice – no fee
- Between 24-48 hours’ notice – 50% of the booking fee applicable (ecomm only)
- Less than 24 hours’ notice – 100% of the booking fee applicable (all services)
Travel
For locations outside 10km from the CBD, travel time is charged at $35 per hour. Travel time is charged in 60-minute increments.
Maintenance Requests
Time for hair, mark-up, tanning, manicures, or other personal care requirements shall be charged at 50% of the standard rate up to 1 hour, then the standard rate shall apply.
Term
This Agreement starts on the date we confirm a booking or when we first start work on the Services for you, whichever is first. Unless it is terminated earlier, this Agreement terminates when we have completed providing the Services to you and you have paid us our Fees.
Our Services
We shall provide a model to you (the “Services) in accordance with this Agreement and the Booking Confirmation. The Services will also include any other tasks which the Parties may agree on. The booking confirmation shall confirm:
- The Model, and
- The Date and Time, and
- The Location, and
Our Fees
The Fees and the basis on which they are calculated are set out in this Agreement. We may review the Fees where there is a change in the scope of the Services, we agreed to provide to you. Our current fees are available on request, and we reserve the right to update our fees without notice.
You agree to pay us the Fees for the Services in accordance with this Agreement.
We will charge you at cost for any expenses we incur in providing the Services to you. We will tell you what these expenses are before we incur them if they are anything other than incidental.
Good and Services Tax
Unless we state otherwise, our Fees are listed in Australian Dollars (AUD) exclude GST. You agree to pay any GST imposed on us, now or in the future, in relation to this Agreement. Where GST is payable on any taxable supply made under this Agreement, you agree that the Fee payable for this supply will be increased by an amount equivalent to the GST payable by us in respect of that supply.
Payment
We will invoice you separately for each confirmed booking when the Services are complete. You agree to pay our invoice on 7 days terms. You agree to pay any undisputed portions of an invoice even if there is a dispute between us about that invoice or another invoice.
Late Payment
Where amounts remain due and unpaid, we may charge you interest at a rate of 10.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
Without limiting any other rights, we may have, we are entitled to suspend or terminate the Services, in whole or part, or to retain or withhold any Information we may hold in relation to the Services or any Work we have done for you if you do not pay our invoices on time.
Confidentiality
Each of us agrees to protect and keep confidential any Confidential Information that is given to us by the other.
Confidential information (the “Confidential Information”) refers to any data or information relating to either party which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The parties agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
Indemnification
You hereby indemnify us, our models, our sub-contractors and agree to keep us indemnified against all liability, losses or expenses incurred by you in relation to or in any way directly or indirectly connected with any breach of Confidential information.
Except as above or to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Relationship between the parties
We are engaged as an independent contractor. Neither of us is an agent or representative of or has the authority to bind the other. Neither of us will act or represent ourselves, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. This Agreement is not intended and will not be taken to constitute a partnership, agency, employment, joint venture or fiduciary relationship between us.
Our Models
We will use reasonable efforts to ensure the model named in the booking confirmation is available to provide the Services. However, we retain the right of substitution and if we need to, we may replace or reassign any model at any time on reasonable notice to you.
Non solicitation
You agree that, during the term of this Agreement and for a period of twelve months after it ends, you shall not directly or indirectly employ, canvas, solicit, entice, or engage any Representative, Contractor, Sub-Contractor, Model who is involved with the Services.
Should you breach this clause, you agree to pay us a one-off fee of $3,000 in lieu of fees earned, had you continued to book services for a model through us.
Insurance
It is your responsibility to hold and maintain insurance for our models and sub-contractors (including travel to and from a location) in an amount of not less than $10 million during the term of this Agreement and for a period of seven years after it ends. We are not required to, nor holds, any such insurance for models.
Complaints
If a client is dissatisfied with a model’s appearance or performance, they must report it to the agency during the course of the booking or immediately after. A full refund will be made within 48 hours of the booking. No action can be taken for complaints that are received after 24 hours has passed.
Entire agreement
This Agreement is the entire agreement between us for the Services. It supersedes ail prior communications, negotiations, arrangements, and agreements, either oral or written between us in relation to its subject matter. Any changes to this Agreement must be agreed to in writing by both of us.
Assignment
Neither of us may transfer, assign, or novate this Agreement without the Consent of the other.
Communication
Each of us agrees that we may communicate with each other electronically. You acknowledge that electronic transmissions are inherently insecure, can be corrupted or intercepted, may not be delivered and may contain viruses. Neither of us is responsible to the other for any loss suffered in connection with the use of e-mail as a form of communication between us.
Severability
If any of the terms of this Agreement are not legally enforceable then that term or the relevant part of it will be either amended as appropriate to make it enforceable or ignored, but in ail other respects this Agreement will have full effect.
Governing Law
This Agreement is governed by the Laws of New South Wales and each party irrevocably submits to the jurisdiction of the courts exercising jurisdiction in that State.
Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
In this Agreement:
Headings are for convenience only and do not affect how this Agreement is interpreted.
The singular includes the plural and conversely.
The word person includes an entity, a firm, a body corporate, an unincorporated association or an authority.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
A reference to dollars or $ means Australian dollars;
If there is any conflict between these Terms and any other part of a booking confirmation, these terms shall apply.
Definitions
In this Agreement the following words have the meanings set out below:
“Agreement” means these Terms and any Booking confirmation
“Booking” means a request for a model to provide services either in writing or orally, which may be confirmed or declined at our sole discretion.
“Client” means the person and or entity who make a booking and agree to these terms.
“Fees” means the fees for the Services as stated in, or calculated in accordance with, this Agreement.
”GST” has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Information” means any information, documents, materials, facts, instructions or Confidential Information provided to us by you or your Representatives or anyone else at your request.
“Intellectual Property” means ail industrial and intellectual property rights throughout the world and includes rights in respect of copyright, patents, trade marks, designs, trade secrets, know-how and circuit layouts.
“Services” means the services described in the Letter.
“Terms” means these standard terms and conditions.
“We and our” means The Trustee for Roberts Family Trust Trading as Pro Fit Model.
“You and your” means the named person or entity or otherwise who make a booking.
PRIVACY POLICY
We respect the privacy rights of our online visitors and recognise the importance of protecting your personal information. Our Privacy Statement represents industry’s best practice and we will only collect and use your personal information as outlined below.
By visiting this site, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.
Collection Of Information
When you create an account, place an order or register for a service offered by US, we may collect the following personal information including your name, email address, phone numbers, home address, shipping and billing addresses so that we can process and fulfil your order. Correspondence (including email) may also be collected and stored, particularly in regard to sales, support and accounts.
Use Of Information
All details collected by US are required to provide you with a personalised experience and may be used to improve our products and services, provide a product or service, and or contact you for market research purposes.
We may also use your personal information to send you marketing updates and promotional offers. If you no longer wish to receive communication from us, you may opt-out by following the instructions included in every communication or by updating your subscription preferences by logging into your account.
We do not sell, share or trade personal information collected online with third parties. In exceptional circumstances we may be required to disclose personal information to a regulatory body only where there is a legal obligation to do so.
Access To Information
You can access, update and delete your personal information anytime by accessing your account on the US website.
Security
We are committed to ensuring that your information is secure. We will take all reasonable steps to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with.
Cookies
Our site uses cookies (very small files that are sent by us to your computer or other access device). Cookies enable you to browse the website and use our features such as shopping baskets and wish lists. We use cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience. When browsing or shopping online, the website will remember preferences you make, this makes your browsing experience simpler, easier and more personal to you.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
Links
This Privacy Policy does not apply to websites maintained by other companies or organisations to which we link and US is not responsible for any personal information you submit to third parties via our website. Please ensure that you read the Privacy Policy of such other companies or organisations before submitting your details.
Under 16
If you If you are under 16, we require that you inform a parent or guardian about US Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering or placing an order with US.
Changes To The Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement here. We reserve the right to modify and change the Privacy Statement at any time, so please review it frequently.
Additional Information On Privacy
If you would like further information regarding privacy issues, visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au
If you think we have breached any aspect of this Privacy Policy, please contact us.
TERMS OF USE
The use of this website (“site”) is governed by the policies, terms and conditions set forth below which constitute an agreement between users of the site (“You”, “Your”) and The Trustee for Roberts Family Trust T/A Pro Fit Models ABN 86 206 383 027 (“we” “us”). Please read them carefully. By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.
We reserve the right to make changes to this site and these terms and conditions at any time. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Registration
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time. Please refer to our Privacy Policy for information about how we use your data.
You acknowledge that we may use your personal information and data according to our Privacy Statement and Cookie Notice, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Policy and Cookie Notice, including any obligations imposed on you therein.
Third Parties
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site and is not liable for any losses or damage caused by this website or any website linked to or from this website.
No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Typographical Errors
In the event a service or product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, partners or otherwise, we shall have the right to refuse or cancel any booking placed for any service listed at the incorrect price. We shall have the right to refuse or cancel any such booking whether or not the booking has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your booking is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Intellectual Property
This site is owned and operated by us and our related companies. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of or used under license by us.
The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
Disclaimers & Limitations Of Liability
This website is provided as is, and we make no express or implied representations or warranties regarding it. without limiting the foregoing, we do not warrant that this website will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality. we expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. we will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this website, even if we knew, or should have known, of the possibility of such damages.
The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.
Other Terms
If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.
We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.