CLIENT/TALENT/THE NEXT SET RELATIONSHIP:

  • A talent (Artist) engages The Next Set (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 (“Clients” meaning any party who engages an Artist that is represented by the Agency). All Clients must agree to be bound by these Terms & Conditions.

  • The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”.

  • ALL BOOKINGS ARE SUBJECT TO SUPERANNUATION NOT INCLUSIVE OF QUOTED FEES AND TO BE PAID BY THE CLIENT. THE CLIENT IS LIABLE TO MAKE PAYMENT TO THE ARTIST FOR THEIR SERVICES AND AS SUCH HOLDS THE RESPONSIBILITY FOR PAYMENT OF ANY APPLICABLE SUPERANNUATION.

  • IF THE AGENCY BECOMES LIABLE IN RESPECT OF ANY PAYMENTS OR LIABILITIES OWED BY THE CLIENT TO THE ARTIST AS SET OUT IN THESE TERMS AND CONDITIONS THE CLIENT SHALL INDEMNIFY THE AGENCY FROM AND AGAINST ANY LOSSES THAT THE AGENCY SUFFERS, INCURS OR IS LIABLE FOR ARISING OUT OF OR IN CONNECTION WITH SUCH PAYMENT OR LIABILITY.

  • 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 relevant State and Territory legislation, including without limitation the Occupational Health and Safety Act 2004(VIC) [OHS act] and equivalent laws. The Next Set reserves the right to inspect the work place to establish whether the workplace is safe prior to or during the booking.

Insurances:

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 a location). The Agency is not required to, nor holds, any such insurance for Artists.

Talent under 16 years:

Employers of young models and talent aged under 16 must hold an authority to employ children and follow a mandatory code of practice which sets the rules for providing a safe environment for children and young people.

Rates:

Agreed Artist rates apply to shoot time only and do not include usage. All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate. In accordance with the ATO's “PAYG withholding for performing artists”, the Agency is permitted to raise invoices to include the non-GST Artist rate component as well as the Agency's “Booking Fee” and GST on the one invoice.

All Artist rates quoted by the Agency and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The Superannuation Guarantee Act 1992 (Cth) states that the person liable to make the payment for services is the employer. Superannuation must be paid at the current rate published by the ATO.

The Working Day:

Normal working hours are between 7am and 6pm, Monday to Saturday, and penalty rates apply outside these hours. For bookings over 8 hours, a guaranteed Day Rate will need to be negotiated at time of booking.

Hours Booked:

The total hours that Artist is booked for is the minimum hours that Artist must be paid for. If a job finishes prior to the originally booked time, Artist 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/penalty rates will apply. If the total hours for a booking are reduced by the Client with less than Two (2) Working Days’ Notice, cancellation fees will apply.

Usage and Additional Artist Fees:

All photography / footage is to be used for the purpose for which it was originally shot as itemised in the Agency Talent Agreement signed by the Client at time of booking. It is the Client's responsibility to notify the Agency of any intended usage before the commencement of the shoot. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with the Agency. 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 Artist at all times and any unauthorized 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 he/she takes for any use beyond that agreed in the Agency Booking Confirmation accepted by the Client under section “Usage and Additional Artist Fees”. 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 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.

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, at time of booking, whether any conflicting work has been previously done by the Artist. If the Artist advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received. Any conflict expectation by product or Client prior to the booking must be specifically communicated at casting or prior to confirmation.

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:

It must be specified at the time of the booking the type of weather required. 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:

On all bookings, if a job is cancelled: With less than Two (2) 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 One (1) 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 booking a cancellation Fee of 100% of the total Artist Fee for the booking will be charged.