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.
Models are chosen based on their measurements. Is it up the agency and model to keep/maintain the requested measurements by the client.
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.
Once a booking is confirmed you agree to be bound by these terms and conditions
The minimum hours per booking, service, job is 2 hour minimum except swimwear and intimates.
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, then overtime rates will apply.
If a job occurs outside normal hours (8am till 6pm) a 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.
Standard Model Rates –
Models new to the industry and under 2 years experience
|AUD$ ex GST||NSW||VIC||QLD||WA & SA|
|Fitting / 2hr min||80||100||80||80|
|Showing / 2hr min||130||150||130||130|
|Catwalk / 2hr min||150||170||150||150|
|eComm – Non-Recognisable / 2hr min||130||150||130||130|
|eComm – Recognisable / 2hr min||150||200||150||150|
|Swim & intimates / 2hr min||100||130||100||100|
|Swim & intimates / 1hr min||130||150||130||130|
Pro Model Rates –
Models in high demand and have over 2 years experience
|AUD$ ex GST||NSW||VIC||QLD||WA & SA|
|Fitting / 2hr min||100||130||100||100|
|Showing / 2hr min||150||200||150||150|
|Catwalk / 2hr min||180||200||180||180|
|eComm – Non-Recognisable / 2hr min||180||180||180||180|
|eComm – Recognisable / 2hr min||250||250||250||250|
|Swim & intimates / 2hr min||130||150||120||120|
|Swim & intimates / 1hr min||150||180||150||150|
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)
For locations outside 10km from the CBD, travel time is charged at $35 per hour. Travel time is charged in 60-minute increments.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Neither of us may transfer, assign, or novate this Agreement without the Consent of the other.
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.
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.
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.
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.
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.
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