PRIDE MODELS TERMS AND CONDITIONS

By booking with Pride Models, you agree to the following terms and conditions.

  1. Definitions
    1. "booking" means the confirmation of the booking agreement.
    2. "booking agreement" means this agreement between the client and Pride Models for the provision of services of a model.
    3. "booking location" means the location where the job will take place, as specified in the booking.
    4. "booking service fee" means the compulsory, non-negotiable fee charged on all bookings made with Pride Models.
    5. "client" means the company or individual engaging the model's services.
    6. "job" means the services provided by the model on the day/s specified in the booking agreement.
    7. "model fee" means the fee charged for the model's services at the model's hourly rate as set out in the booking confirmation form.
    8. "total fees" means the usage fee, model fee and booking service fee.
    9. "usage fee" means the fee charged for the agreed upon use of the images or other material related to the services provided by the model.

  2. Relationship  
    • A model (Artist) engages Pride Models (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 “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/?page=2#Performing_artists  (refer to Withholding Requirements).
    • The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”.  Web address for this ruling is: law.ato.gov.au/atolaw/view.htm?Docid=SGR/SGR20052/NAT/ATO/00001.  See “Agency” definition from Point 69 onwards.
    • 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 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]. Pride Models reserves the right to inspect the work place to establish whether the workplace is safe prior to or during the booking
  3. Permitted usage At the time of booking, the client must notify Pride Models of the intended usage of the images. The usage of the images is restricted to the agreed upon usage as specified in the booking confirmation form. If the client intends to use the images for any additional purposes, these will incur separate fees. The client must negotiate with, and have the authorisation of, Pride Models for the usage or publication or communication of images in any way, such as advertising, print, window displays, billboards, websites, bus-sides, swing tags, posters, prior to booking. The client may use the images for the agreed upon period specified in the booking confirmation form only. Usage rights are granted to the client upon receipt of payment in full.Pride Models reserves the right to refuse the release of its images for any use beyond the agreed upon usage. The client agrees that it will not use or release any images beyond the agreed upon usage without the prior written authorisation of Pride Models.
  4. Nudity Where a model is required to be nude, semi-nude, or to wear a sheer bathing suit or lingerie, the client must obtain the express written approval of Pride Models prior to booking. Nudity will incur an additional fee.
  5. Model hours
    1. Hours bookedThe client agrees to pay the model for the hours booked. If a job is completed earlier than the time booked, the model will be paid for the hours originally booked. If a job takes longer to complete than the hours originally booked, the model will be paid overtime and penalty rates if applicable.
    2. Overtime ratesOvertime rates will be charged when a job exceeds the hours originally booked. Where a job is not completed 20 minutes into the next hour, the client will be charged for an hour at the applicable model rate, and for any subsequent hours the model works for the client_contact.
    3. Penalty ratesPenalty rates will be charged at time and a half of the model's hourly rate. Penalty rates will apply before 8am and after 6pm until 11pm. A rate to be negotiated will apply for hours worked between 11pm and 8am.
    4. BreaksThe client is responsible for providing meals and beverages for the model for any job exceeding 5 hours. The model will receive a 15-minute break during a 5-hour job, or a 30-minute break during an 8-hour job.

  6. Transportation Where the booking location is outside of the relevant central business district, the client agrees to provide suitable transport for the model to and from the location, unless otherwise negotiated and agreed by Pride Models. The client will be charged and be responsible for the cost of the model's transport where the client fails to arrange for this.
  7. Exclusivity Unless otherwise negotiated at the time of booking, the model will work on a non-exclusive basis for the client_contact. If the client requires the model to work on an exclusive basis, which precludes the model from working for competing products or services, an agreement with Pride Models must be negotiated and an exclusion fee will apply. It is the client's responsibility to enquire whether the model has worked or is working for a competitor at the time of booking. 
  8. Copyright Pride Models retains ownership of all images, footage and other materials of models, and any unauthorised use or replication of such images constitutes an infringement of Australian copyright laws. The client acknowledges that it does not own the images, and agrees that they are licenced to use the images only for the usage as agreed and paid for at the time of booking under the booking confirmation form.The photographer may not use the images taken of the model for any use beyond that agreed in the booking confirmation form. If the client is not the photographer, the client agrees to draw this booking agreement to the photographer's attention and obtain agreement from the photographer to be bound by this booking agreement prior to commencing the job.For the purposes of this clause, the client assigns, and must procure the photographer assign, all of their interests in the copyright of all images, footage and other materials of the models taken as a result of the booking to Pride Models.The client acknowledges and agrees that Pride Models and the model may use the images it retains ownership of for the purposes of promoting Pride models and the model and searching for job opportunities for the model.
  9. Fees and payment
    1. FeesThe total fees for each booking include;
      1. the model fee, which will be charged according to the number of hours worked or the hours originally booked, whichever is greater, at the applicable rate as set out in the booking confirmation form.
      2. the usage fee for the amount agreed in the booking confirmation form; and
      3. the booking service fee, which is calculated at 15%, excluding GST, of the total model fees and usage fees.
    2. SuperannuationThe client must pay superannuation, which is calculated on the model's rate. Superannuation payments are made in addition to the total fees, and will be added to the client's invoice for Pride Models to make the payment to the model's superannuation fund.
    3. PaymentPayment to Pride Models is due within 7 days from the date of invoice. The client who has booked the model will be invoiced and solely responsible for the services provided and payment unless otherwise agreed at the time of booking.Payment must be made in the manner directed and agreed by Pride Models.If the client fails to pay the fees due in accordance with the booking confirmation form and the booking agreement, the client will be liable to pay all costs and expenses associated with the recovery of outstanding amounts owed to Pride Models.
    4. Third party bookingsIn the event that the client is providing the model's services to a third party, the client must advise Pride Models that it is doing so, and the Client must bring the terms of this booking agreement to the attention of the third party and ensure that the third party agrees to be bound by the terms of this booking agreement.  If the third party fails to make payment for the booking made by the client, Pride Models reserves its right to pursue the Client with respect to the booking and the Client agrees that it will be responsible for such payment.
    5. Pay as you go taxThe model is an independent contractor managed by Pride Models, and as such, the client is responsible for Pay-As-You-Go tax deductions from model fees according to the Australian Taxation Office Pay-As-You-Go Withholding Guidelines for performing artists, agents, advertising agencies and advertisers.
  10. Cancellation
    1. Cancellation by clientIf the client cancels a job:
      1. less than 48 hours prior to the commencement of the job, a cancellation fee of 50% of the model fee will be charged. Any changes made less tan 48 hours to the commencement of the job that affects the total number of hours originally booked will incur 50% of the original model fee regardless of the new hours.
      2. less than 24 hours prior to the commencement of the job, a cancellation fee of 100% of the model fee will be charged;
        Any changes made less tan 24 hours to the commencement of the job that affects the total number of hours originally booked will incur 100% of the original model fee regardless of the new hours.
      3. on arrival of the model at the booking location, a cancellation fee of 100% of the model fee will be charged; or
      4. of more than three days duration, a cancellation fee of 100% of the model fee will be charged if the job is cancelled within a period equal to or less than the length of the job.
        The booking service fee will be charged for all cancellations by the client_contact.
      5. Less than 3 days prior to the commencement of a job, all travel costs and accommodation costs incurred will be charged back the client_contact.
    2. Cancellation by modelThe client agrees that Pride Models shall not be responsible for any cancellation made by the model. In the event that the model subject to this booking agreement cancels, Pride Models will endeavour to find a suitable replacement, but cannot guarantee that a suitable replacement will be found.
    3. Provisional bookingsProvisional bookings will be cancelled if the client does not confirm the booking within 24 hours of making the provisional booking.
    4. WeatherIf the weather as specified in the booking confirmation form is unsuitable and the job is cancelled as a result, the following weather check policy applies:
      1. for the first cancellation, no fee will be charged to the client_contact.
      2. for the second cancellation, a fee of 50% of the model fee will be charged to the client_contact.
      3. for any subsequent cancellations, 100% of the model fee will be charged to the client_contact.
  11. Insurance
    1. Health and safetyThe client is responsible for the model's health and safety during the hours booked and any additional hours working for the client, and while travelling to and from the booking location.
    2. Work coverThe client must have adequate levels of workers compensation insurance to cover models while they are working for them. Pride Models is not required to and does not hold such insurance for models.
    3. IndemnityThe client agrees to indemnify, defend, and hold Pride Models harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:
      1. a breach of these terms by the client;
      2. a breach of the model's rights by the client;
      3. a breach of any applicable law by the client; and
      4. the client's failure to provide a safe working environment for the model.
  12. Complaints Any issues associated with the booking confirmation form or this booking agreement should be directed to Pride Models as soon as they arise. The client acknowledges that, while Pride Models makes every effort to provide satisfactory services to clients, we are not responsible for a model's conduct during the course of a job.