Terms and Conditions.
DUO Management (“we”, “us”, “our”, “The Agency”)
Model (“The Artist”)
AGENCY SERVICE FEE
Agency Service Fee is a non-negotiable, mandatory fee on all bookings made with DUO Management for the purposes of making a booking. The Agency Service Fee is calculated at 15% of the total rate for all jobs, this includes usage/loading fees.
RATES
Photographic rates are determined by image/footage usage and therefore, the Client must advise exactly where images/footage are being used at the time of booking in order to get an accurate quote. DUO Management will quote rates on a ‘Per Hour, Half Day, Full Day’ or other negotiated rate. Rates are quoted for use in Australia ONLY for 12 months, unless otherwise specified.
PAYMENT TERMS
Full payment for the booking is due within 28 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, and confirmation given in writing, prior to the commencement of the booking.
Payments can be made via Direct Deposit/Bank Transfer. We do not accept payment via cash, cheque or credit card.
All invoices still outstanding after 30 days will incur a finance charge of 20% per month. DUO Management reserves the right to turnover a Client’s unpaid account to a collection agency, the Client will be responsible to cover all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and Solicitor’s costs.
NUDE AND SEMI-NUDE
The Agency must clear with the Model before accepting any nude or semi-nude bookings. The Client must advise The Agency at the time of booking if nude or semi-nude is a requirement.
Underwear is charged at double time to the Model’s normal hourly rate.
Swimwear is charged at time and a half of the Model’s normal hourly rate.
USAGE
All photography is to be used only for the purpose for which it was originally shot and itemised in The Agency “Booking Confirmation Sheet” signed by the Client at time of booking. 12 months usage in Australia ONLY of images/footage is included in the photographic rate.
It is the Client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) advertising, swing-tags, posters, billboards, websites, bus signs etc must be negotiated and duly authorised with The Agency prior to the booking taking place.
Usage rights, are not granted to the Client until payment in full has been received. An additional fee (loading) applies to usage after 12 months.
Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. DUO Management 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.
HOURS BOOKED
The total hours that a Model is booked for, is the minimum that the Model must be paid for. If a job finishes prior to the originally booked time, the Model must be paid 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 will be charged at the applicable hourly rate. The duration of the booking can only be shortened if outside two business days prior to the booking, otherwise cancellation fees will apply.
A Model must be paid from their call time, regardless of when Hair and Makeup starts or when the shoot/event starts. Having crew members arrive late and therefore commence later does not mean the Model gets paid from the later start times.
OVERTIME
Overtime will be charged at the applicable hourly rate as listed on the Booking Confirmation Sheet. If a job runs 20 minutes or more into the next hour, this will be billed as a full hour. Any overtime 19 minutes or under is not charged.
TRAVEL RATE
A travel rate will apply to any booking location outside a 10km radius of Geelong CBD.
This is calculated using Google Maps at 0.75 cents per km travelled to the location and back to Geelong CBD.
THE WORKING DAY
Normal working hours are between 7am - 6pm, Monday - Saturday. Penalty rates apply outside these hours.
Bookings commencing before 7am or after 9pm attract a 20% rate increase, unless otherwise negotiated with The Agency.
DUO Management does not charge penalty rates for weekends.
A 25% rate increase applies to bookings on Public Holidays.
MINIMUM BOOKING DURATION
The minimum booking length is two hours for modelling services and three hours for events/promotion services.
HOLDS/OPTIONS
Holds must be released or confirmed two working days prior to booking. DUO Management reverses the right to cancel the booking allowing secondary or definite bookings to take precedence. To confirm a job, the Client must sign and return a “Booking Confirmation Sheet” provided by DUO Management.
POSTPONING/BAD WEATHER
A booking can be postponed once at no charge, if outside of two business days.
Second postponement is at 50% of total Model fee for the booking.
Third postponement is at 100% of total Model fee for the booking.
CANCELLATIONS
Two business days prior to commencement of booking - 50% of total Model fee.
One business day prior to commencement of booking - 100% of total Model fee.
On arrival at booking - 100% of total Model fee.
CASTINGS/FITTINGS
Any photos taken during a casting are NOT permitted to be used for advertising purposes.
Castings that are longer than 30min are classified as a Fitting and will be charged at half the Model’s normal hourly fee.
SPECIFIC MAINTENANCE REQUESTS
When spray tans, manicures or additional hair maintenance is requested, the Client must reimburse for these costs and will be added to the Model’s total fee.
MEALS
Client’s are responsible for a Model’s meals on a full day booking.
HAIR AND MAKEUP/BRIEFING
Models must be paid from their arrival time on set (their call time). This includes hair and makeup time and briefing.
TEST SHOOTS
Photographers may not use test shoots for commercial purposes unless specific arrangements have been made with DUO Management.
EXCLUSIVITY AND RESTRICTIONS
Models’ services are supplied on a non-exclusive basis unless otherwise negotiated at time of booking. 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 at time of booking, whether any conflicting work has been previously done by the Model. If the Model advertises a product, they are able to work for any competitor in the future unless an exclusion fee is negotiated and payment is received.
INSURANCE
It is the responsibility of the Client to ensure that they have adequate levels of Insurance to cover all Models used at all locations (including travel to and from a location). The Agency is not required to, nor holds, any such insurance for Models.
TAX AND SUPERANNUATION
DUO Management (The Agency) is not the Model’s employer, but acts as an Agent for, and on behalf of the Model. The Australian Taxation Office (ATO) regards the “End User/Payer” (Client) of the Models’ services as entering into a contract of employment with the Model. Unless otherwise agreed with DUO Management in writing prior to commencement of booking, the Client is responsibly for all taxation obligations associated with each job.
All Artist rates (Model Rates) quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The ATO’s “PAYG Withholding for Performing Artists" guidelines, read in conjunction with the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”, state the ‘End-User” (Client) of an Artists’ services is responsible for the payment of their Superannuation at the current rate published by the ATO.
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.
COMPLAINTS
Any cause for complaint must be reported to The Agency during the course of the booking or immediately after.
No alterations or amendments to invoiced rates will be considered more than two business days after an invoice has been issued.
We recommend that each Client holds a casting to meet shortlisted Models in person prior to booking.
PLEASE NOTE: The Agency act solely for, and on behalf of our Models and whilst making every endeavour to provide a satisfactory and efficient service, we can not be held ultimately responsible for a Model’s conduct on an assignment.
MODEL/CLIENT/DUO MANAGEMENT RELATIONSHIP
A Model engages DUO Management (The Agency) to be their Agent representative and The Agency has the Model’s written authority to enter into contracts with any and all Clients on their behalf. At no time do DUO Management enter into an employer/employee relationship with the Models. The Models are not contracted to DUO Management.
The Client is defined as the “End User/Payer” by the Australian Taxation Office’s (ATO)
“PAYG Withholding for performing artists” guidelines.
Web address for these ATO guidelines: https://www.ato.gov.au/Business/PAYG-withholding/In-detail/Performing-artists-contracted-to-perform-promotional-activity/?anchor=Promotionalactivity#Promotionalactivity (Refer to Withholding Requirements)
The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”.
A contract is created between Client and Model once a booking is confirmed with The Agency.
In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, The Agency in entitled to raise invoice and collect monies on behalf of Models, as an intermediary, even though the contract exists between Client and Model.
Clients must provide a safe work environment under the Occupational Health and Safety Act 2004 (OHS Act) DUO Management reserves the right to inspect the work place to establish whether the work place is safe prior to, or during the booking.
TELEVISION
Commercials and stills are to be negotiated at the time of the booking and are quoted for 12 months on air for release in Australia ONLY. Any time extensions or territories must be negotiated at the time of the booking. No Model may commence a television booking until the applicable MEAA contract has been completed and signed by The Agency as the Artist’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 30 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
VIDEO/MOTION
Please check rates with The Agency, at the time of booking.
RUNWAY/CATWALK/SHOWS
Models appearing on runway are paid for their time to model clothes in front of a live audience. Any image taken of Models may only be used for the purpose of editorialising the modelled collection for a period of 14 days from the date of the paid engagement. Images may not be used for any other purpose, including (but not limited to) advertising and promotion of any sponsor or third party participant in the event. The full conditions under “Copyright” section of these T&C’s apply to any images taken during runway bookings.
ECOMMERCE/E-COMM
E-Comm rates are either recognisable or un-recognisable (below the nose) and must be advised by the Client prior to booking.
E-Comm shoots can include Social Media, Landing Pages, Banner Shots or EDMs. Usage is 12 months in Australia ONLY unless otherwise specified with The Agency.
INFLUENCERS/INSTAGRAM POSTS
If a Client requests that Models support their product on social media, (paid or otherwise) the following is understood:
Models always have creative control and will mutually discuss and agree what images they post and when they will post them. The post may include an agreed hash-tag, such as the Client’s product name or similar. The Client has the right to request certain wording in any paid post, but final wording and image choice remains the right of the account holder. It is agreed that if the product in question is visible or mentioned in the post, and the main requested hash-tag is used, then the Model’s obligations are met. At no time does creative control belong with the Client.
Copyright
Ownership of all images of the Artist remains with the Artist at all times and any unauthorised use or replication of their image 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 said 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 they take for any use beyond that agreed in the The Agency “Booking Confirmation Sheet” accepted by the Client under section “Usage”. The photographer to this extent agrees to restrict use of their 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 Test Photography for any commercial purpose unless specific arrangements have been made with The Agency in writing. Photo approval for portfolio use by photographer must be attained from The Agency.
Terms and Conditions last updated September 2020