Terms & Conditions
In this document, when we use the terms “us” or “we”, this refers to ETHIC Models, the agency and not the models. When we use the terms “you” or “your”, this refers to the Client.
2.1 Making a Booking
We think a face-to-face or phone conversation is best, followed by an email outlining the discussion, requirements and quote.
When making a booking, you will describe how you will use any images (photographs, videos, etc) of our models, as well as for how long. This will factor into our quote to you. Any subsequent change to the agreed usage of our models’ images must be signed off by us and additional fees may apply. More information on usage can be found in Section 3.
2.2 Confirmed Bookings
Unless otherwise agreed, once a quote for services has been sent, you will have until the end of the next business day to make any changes to or clarify the brief, or dispute the quote. You can confirm the booking at any time before the end of the next business day. We would prefer you confirm acceptance of the quote in writing or verbally. However, if we don’t hear from you before the end of the following business day, the booking will be deemed as confirmed and we will email you to advise as such.
Our quote to you will include a link to the Terms & Conditions. Confirmed bookings assume you have read and accepted the Terms & Conditions.
Cancelling a confirmed booking may attract fees. Cancellation fees are discussed in Section 4.3.
2.2 Holds & Options
By agreement between us and you, you may be able to make tentative bookings. We will hold tentative bookings up until two business days before the scheduled work start date.
If the model(s) you have tentatively booked is requested for another booking, we will advise you so you can decide on whether to confirm your booking or not. Confirmed bookings will take precedence over tentative bookings.
2.2 Third Party Bookings
If a third party makes a booking on your behalf, we will invoice whichever party (you or the third party) has made the booking with us, or as per agreement.
3. Usage & Exclusivity
Usage refers to how you will use the images and footage taken during a booking. This includes, but is not limited to advertising, banners, billboards, brochures, bus and other public transport shelters, bus- and tram-sides, display cards, dump bins, eCommerce, flyers, magazines and newspapers, magazine and newspaper inserts, OOH, pack shots, packaging, package inserts, point of sale, posters, public relations, show cards, swing or hang tags, social media, television or pay TV, or websites.
In addition to the model’s time, usage fees will apply to bookings. Different usage types will attract different fees.
At the time of booking, clients must advise what type of images and/or footage will be taken during a shoot, how many images will be used, and where and when they will be used. Images or footage taken during a booking can only be used for the purposes agreed upon as part of the booking. Images taken for one type of usage may not be used for any other type of usage without prior approval and will be subject to additional fees. If you wish to use additional images or footage from a shoot beyond the agreed number, additional fees will apply.
Typically, the term of usage for an image or footage is 12 months, but this is subject to negotiation and agreement. If you wish to use an image or footage for beyond the agreed term of usage, you must seek permission from us. Additional fees will apply.
We reserve the right to refuse the release of images or footage for any use and for any reason, including extensions of existing campaigns.
3.2 Test Shoots
Photographers may not use test shoots for commercial purposes unless authorised by us.
3.3 Product Exclusivity & Restrictions
Unless otherwise negotiated, models’ services are supplied on a non-exclusive basis and models are able to work for competing brands advertising similar products. If you require exclusive services in relation to a particular type of product or brand at the exclusion of competing products or brands, an additional exclusivity fee will be required.
Prior to confirming the booking, it is the client’s responsibility to check whether any conflicting work has previously been done by the model.
4. Rates & Fees
4.1 Agency Service Fee
An Agency Service Fee, calculated as 20% of the total model fees, will be charged on all bookings. This fee is not negotiable.
The total model fee that the Agency Service Fee is calculated from does not include costs associated with specific maintenance requests (see Section 126.96.36.199), although does include the model’s time associated with these.
4.2.1 Agreed Rates
Rates apply to the model’s booking time only. The Agency Service Fee is applied on top of these rates.
Model rates are either hourly, half-day or full-day. For half and full-day rates, an hourly rate will also be negotiated in cases where overtime rates are required.
Usage fees are negotiated separately as discussed above in Section 3.
4.2.2 Minimum Hours
Models must be paid for the minimum number of hours specified in the booking, regardless of whether a job finishes early.
4.2.3 Working Day
The working day is any 8 hour period between 8am and 6pm. 8 hour days will be charged at day rates. A minimum 30-minute lunch break is included in this 8 hour day. Any job longer than 8 hours will attract overtime fees (see below). Any work starting before 8am or finishing after 6pm will attract an additional 25% on top of the agreed hourly rate.
Where a job run over the specified booking time, overtime rates will apply. Overtime rates will begin when the job goes longer than 20 minutes over the specified booking end time.
Overtime will be charged by the hour based on the applicable hourly rate.
4.2.5 Underwear, Lingerie & Swimwear
Rates for both the model’s time and the usage of images where the model is in underwear, lingerie or swimwear may attract higher fees.
4.2.6 Nude or Semi-Nude
For nude or semi-nude work, additional fees will be negotiated. These are typically a minimum of double the normal hourly rate. Negotiations for nude and semi-nude work may involve the model(s).
4.2.7 Inclusions, Exclusions & Associated Fees
188.8.131.52 Specific Maintenance Requirements
Specific maintenance requirements are for instances where you request that a model gets a spray tan, a manicure or hair maintenance prior to arriving at the job.
These will be charged at the model’s hourly rate plus the cost for the requested maintenance. The Agency Service Fee will be applied to the model’s hourly rate but not to the cost of the requested maintenance.
184.108.40.206 Rehearsals, Fittings, Training, Wardrobe Checks, & Recalls
Unless negotiated as part of a day rate, any rehearsals, fittings, training, wardrobe checks and recalls requested by you will be charged at the model’s hourly rate.
220.127.116.11 Hair and Makeup
Unless negotiated as part of a day rate, hair and make-up time is charged at the model’s hourly rate.
18.104.22.168 Pre-Shoot Briefings
Unless negotiated as part of a day rate, pre-shoot briefings are charged at the model’s hourly rate.
22.214.171.124 Travel Time
Travel time applies where a job is more than 45 minutes drive from the state CBD. This is calculated using Google Maps.
Travel time is charged at half the model’s hourly rate.
Where a job requires a model to travel for a day or more, these travel days will be charged at half the model’s full-day rate.
Clients are responsible for a model’s meals on full-day location shoots and all bookings outside of the metropolitan area.
Obviously, all meals supplied for models must fit their dietary requirements.
Any cancellations made after confirming a booking will attract a minimum of 50% of the full fee as a cancellation fee.
For a booking that is cancelled less than 24 hours before the start of the booking, 100% of the full fee will apply.
For a booking that is cancelled with more than 24 hours notice, 50% of the full fee will be charged.
If a booking is for multiple days, the same number of days are required for cancellation otherwise 100% of the full fee will apply. For example, if a booking is 2 days, then 2 full days notice is required.
If the hours specified as part of the booking are reduced with less than 48 hours notice, cancellation fees may apply for the difference.
4.4 Last Minute Bookings
Last-minute bookings are any bookings where less than one business day’s notice is given. Last-minute bookings may attract an additional fee.
4.5 Weekend & Public Holiday Bookings
Weekend and public holiday bookings may attract higher rates. These will be negotiated as part of the booking process.
4.6 Postponements & Weather Hold Days
As part of the booking process, the type of weather is to be specified by you. For example, if a shoot cannot go ahead due to rain, then you must let us know as part of the booking process otherwise we will assume that the booking is still going ahead.
For the first postponement or cancellation due to weather, there will be no fee. For the second postponement or cancellation due to weather, 50% of the booking fee will be charged. For the third and any subsequent postponement or cancellation, 100% of the booking fee will be charged.
Any costs that have already been accrued, for example, costs and time associated with special maintenance requests, will still be charged regardless of postponements or cancellations.
4.7 Schedule of Rates & Fees
While most fees are negotiable, the schedule below gives industry standard rates. Note that these are indicative only and details such as a model’s experience and your budget will factor into the final rates.
Model / Actor
Usage rates are based on percentages of the model’s rate. All are typically based on 12 months usage.
Additional Budget and Notes
Social media, websites and eCommerce
0%. Typically, these types of jobs attract no additional usage fees and the images may be used in perpetuity. However, ads using those images cannot be posted or run after the agreed usage time has elapsed (typically, 12 months).
Advertorial – magazine or print (advertisement)
Editorial – magazine or print editorial (non-advertisement)
0% for the first run and then 80-100% for each subsequent run.
Banners, billboards, bus and other public transport sides, and other Out of Home (OOH)
Digital ads, videos, tv appearances (online ads, youtube ads, TV and payTV commercials and appearances)
Display cards, collateral, flyers, packaging, package inserts, pack shots, promotional posters.
In-store banners, signage, displays, posters, swing tags, dump bins, and other point-of-sale displays
75-100%. Will depend on the number stores the items will be used.
5. Goods & Services Tax
If Goods and Services Tax (GST) is applicable, we will charge it at the Government set rate (currently 10%) on the Agency Service Fee only.
6. Tax Withholding & Superannuation
Models have engaged ETHIC Models to act as their intermediaries with clients and to represent them regarding negotiations, contracts, shows and other business matters related to their modelling careers.
As intermediary, ETHIC Models is entitled to raise invoices and collect payments on behalf of the model. However, the contract is between the client and the model and you are the entity employing, engaging or hiring the model.
In accordance with the Australian Taxation Office’s (ATO) guidelines, ETHIC Models acts as an intermediary and is not required to and does not withhold tax from models and does not pay models’ superannuation contributions.
As the “end-user” as defined by the ATO, you may be required to withhold PAYG tax and superannuation contributions on behalf of the model.
It is your responsibility to ensure that you have adequate levels of Worker’s Compensation and Public Liability Insurance to cover models used at all locations (including travel to and from a location). ETHIC Models does not and is not required to hold any such insurances for models.
When confirming a booking you are agreeing to these terms and conditions including that you have adequate insurance coverage.
8. Payment Terms
50% of the agreed booking fee is required as a deposit within 7 days of a booking confirmation. If your booking was made less than 7 days before the start of the job, then the 50% deposit is due no less than 48 hours before the start of the job.
The remainder of the booking fee is due 14 days after issuance of the final invoice.
Alternative payment terms may be negotiated on a case-by-case basis.
If you fail to pay the initial 50% deposit within the allotted timeframe, your job may be cancelled. If you fail to pay the final invoice within the allotted timeframe, you will be charged late payment fees of 10% per month. If your account is not paid in full within three months, you acknowledge that your outstanding debt may be passed to a third party debt collection agency, for which you will be liable for any additional fees and charges on top of the outstanding amount and the late payment fees.
Currently, ETHIC Models accepts payment via direct deposit and Paypal (including Paypal transfers and credit card payments). Please note that a transaction fee of 2.7% is charged when paying by credit card on Paypal.
Should you have any complaints, they should be reported to us immediately during the booking or as soon as possible. No claims or alterations to fees will be accepted after issuance of the final invoice.
10. Your Additional Responsibilities
As a client of ETHIC Models, you agree that you will not approach any of our models to work for you on a freelance basis, bypassing the agency. You further agree not to employ, contact, contract or hire the services of any of our models or employees for at least 12 months after the completion of your booking.
10.2 Models Under 18 Years of Age
We have specific additional rules that you must agree to and adhere to when hiring any of our models who are under 18 years of age. You will be required to sign a declaration that you accept these terms when hiring any model under 18 years of age. You must agree to the following terms:
- You will not offer the model any alcohol or drugs. This is against the law.
- No sexually suggestive or implied nudity photos or videos are allowed. Additionally, models will not be asked or made to pose in sexually suggestive poses with other models (of any gender).
- No topless or nude images of any kind are allowed. To be clear, this means that not only are topless or nude images not allowed to enter the public domain, but neither you nor anyone working for you is allowed to take photos of models topless or nude. You nor anyone working for you is allowed to ask or suggest that models under 18 pose topless or nude.
- In the case of shows or events, models under 18 years of age are not to appear on the catwalk or in public topless or nude, nor are they to wear any “see-through” garments that would otherwise render them topless or nude.
Please reach out and discuss with us if you need clarification on any of the above, or if you are unsure if what you have planned for images or shows is acceptable.
10.3 Warranties & Indemnities
To the extent permitted by law, all warranties, conditions and representations by us are excluded, and neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred, suffered or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of an Event or our provision of the Services. If a term is implied by law into this agreement and the law prohibits provisions in a contract excluding or modifying liability under that term, then such term will be included in this agreement. However, to the extent permitted by law, our liability for breach of such term will be limited, at our option, to one or more of the following:
- The supply of Services again
- The payment of the cost of having the Services supplied again.
Without limitation, we will under no circumstances be liable for any indirect or Consequential Loss you do or may suffer.
You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any:
- Act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this agreement
- Any failure by you to withhold or pay (or pay on time) any PAYG tax or superannuation guarantee charge payments in relation to the Talent
- Any injury caused to or by the Talent during the period in which they are engaged by you
- Any other breach by you of any of the terms of this agreement.