BGM MODELS | Terms and Conditions of Trade
These Terms and Conditions are made available to clients wishing to use BGM Models for photographic, catwalk and TVC’s. Please contact BGM if you have any questions or concerns about these terms before you enter into a work agreement with BGM.
TERMS & CONDITIONS OF PROVISION OF MODELS TO CLIENTS
In consideration of BGM, as agent for the model agreeing to attain the availability of the model to enter into a contract of service with the client, it is agreed by the client that by booking a model, these terms and conditions apply as a contract between BGM and the client and also apply as part of the contract between the client and the model.
BGM will invoice the client for all payments due to the model or the company supplying the model and the client agrees to pay on invoice strictly within (7) seven days. There is no GST on model fees unless the model is GST registered. No dispute on BGM invoices will be recognized after seven days from invoice sent date. If the Client fails to pay the amounts due in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including all debt collection fees or Solicitor’s costs. BGM Models will charge a late charge of 2% per month on all monies that remain payable after 30 days have passed from the Due Date.
AGENCY SERVICE FEE
Agency Service Fee is a mandatory charge on all bookings made with BGM Models for all Talent and is not a negotiable fee for the purposes of making a Booking. The Agency Service Fee is calculated at 15% (GST exclusive) of the Total Talent Rate/Fees for all jobs (including usage fees). When GST is added, at 15%, the Agency Service Fee percentage, including GST, is 16.5% of the Total Talent Rate/Fees.
It is the responsibility of the Client to withhold PAYG Tax at 20%, according to the Australian Taxation Office Guidelines, from the total Talent rate for the Booking. The Client is also required to pay Superannuation Guarantee Charge (SGC – currently 9%) of the total Talent rate to the Talent’s nominated Superannuation Fund. Authority may be given by the Client to enable BGM Models to handle the Client’s PAYG Tax obligations and/or the Client’s Superannuation responsibilities. If the Client gives BGM Models authority to handle their PAYG Tax and Superannuation obligations, amounts for Superannuation are calculated on the total Talent rate for the Booking, at current SGC percentage, and are additional to the Talent rate(s).
The total hours that Talent is booked for is the minimum hours that Talent must be paid for. If a job finishes prior to the originally booked time, Talent 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 (2) two working days notice, cancellation fees will apply.
THE WORKING DAY
Normal working hours are between 8am and 6pm, Monday to Friday, 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.
Hourly rates for photographic work are quotes at the time of booking. Where a shoot may finish up to 15 minutes past the hour, no extra hour will be billed. At 16 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. BGM does not charge half hours.
NB* All rates quoted are Talent rates only. Additional charges for Agency Service Fee & Superannuation (if applicable) are added at time of invoicing
Before 8:00am and after 6:00pm – Time & a half
From 10:30 pm to 5:30am – Double time
Saturdays – Time and a half
Sundays and Public Holidays – Double time
Sleepwear – Time and a half
Underwear – Double time
Fittings – Half the hourly rate (for two fittings only, 3rd and subsequent fittings will be charged at the Talent’s full normal rate.)
NB* Specific Maintenance Requests including manicures, tanning or additional hair maintenance requests will be paid for by the client at time of invoicing.
For regular editorial talent rates to apply to a booking, the publication must be on sale nationally in Australia through newsagents or supermarkets or available by paid subscription.
FITTINGS & WARDROBE CALLS
All fittings are a minimum 2 hour booking and are charged at half the models hourly rate or agreed rate with client. Wardrobe calls can be booked per hour and are also charged at half the models hourly rate or agreed rate with client.
First casting call out no fee is charged, the second and subsequent is charged at half the models hourly rate.
SHOWINGS & PARADES
Quoted at time of booking. Showings minimum 2 hour booking, parades minimum 3 hour booking.
TV COMMERCIALS AND RADIO RATES
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in Australia only. Any time extensions or territories must be negotiated at the time of the booking. No Talent may commence a television booking until the applicable MEAA contract has been completed and signed by BGM as the Talent’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. BGM is under no obligation to extend usage other than that agreed in the contract.
USAGE AND ADDITIONAL TALENT FEES
All photography is to be used for the purpose for which it was originally shot as itemized in the BGM Booking Confirmation. It is the client’s responsibility to notify BGM 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, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorized with BGM prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use one image for catalogue for one year from the shoot date, in Australia only, and in accordance with the usage agreed and paid for at the time of the booking. 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 BGM. BGM 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 authorization or prior approval from BGM will be deemed unauthorized usage and will be subject to legal proceedings. Where some products are likely to attract payment of a higher fee e.g. hair and beauty, alcohol the usage will be discussed at time of booking.
Must be released or confirmed 48 hours (2 working days) prior to booking; otherwise model will be made available for other bookings. To confirm job client must sign and return booking confirmation sheet to BGM.
On all bookings, if a job is cancelled: With less than Two Working Days Notice prior to the commencement of the booking, a cancellation Fee of 50% of the total Talent Fee for the booking will be charged.
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 Talent Fee for the booking. Third & Subsequent Cancellations – 100% of the total Talent Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.
Travel time is charged at the Talent’s normal hourly rate. This applies to travel outside a 10km radius of the CBD. Travel Days are charged at half the Talent’s negotiated Daily Rate.
When a client requests a model to fly interstate for a job the client is responsible for the airfare (preferable a flexible airfare) transfers to and from the airport and any other out of pocket expenses that might be incurred by the model.
When a client requests a model to fly internationally for a job it is the client’s responsibility to book the airfare and pay for transfers to and from the airport at departure and arrival before the model leaves her home city and guarantees a minimum 2 day shoot. The client will also pay for 3 meals a day and accommodation. A travel fee will also need to be paid prior to model leaving, rate to be discussed with client.
The client is responsible for providing food on all full day studio or location shoots.
Special loadings apply to many usages including posters, billboards, display cards, brochures and packaging. Details are to be discussed with BGM 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 Talent. If the Talent advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
Any cause for complaint should be reported to BGM during the course of the booking. No claims or alterations in the negotiated fee will be accepted after an invoice is issued. Please Note: BGM act solely for and on behalf of our Talent and whilst making every endeavour to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.
As BGM Models at no time is deemed to employ Talent, it is the responsibility of the Client to ensure adequate levels of Public Liability Insurance exist to cover all Talent used at any/all locations (including travel to and from a location). An alternative is to include amounts paid to Talent with the Client’s annual Workers’ Compensation Insurance calculations so that they are then covered under the Client’s Workers’ Compensation Insurance policy when performing work for the Client. BGM is not required to, nor holds, any insurance for Talent (excluding Public Liability when Talent are physically in our offices).
Ownership of all images of the Talent remains with Talent 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 Talent revert to either the Photographer or Client and said images can only be used where Usage fees have been agreed and paid to the Talent via BGM. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the BGM Booking Confirmation accepted by the Client under section “Usage and Additional Talent 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 BGM in writing. Photo approval for portfolio use by photographer must be attained from BGM.
If you have any questions or concerns about these Terms, please contact BGM before entering into a work agreement.