Neon Model Management Client Terms and Conditions
By filling out the booking sheet you are stating you have read and received Neon Model Managements Terms & Conditions and you wish to proceed. In the event of any inconsistency or contradiction between these terms and conditions and the booking confirmation form, the terms set out in the booking confirmation form shall prevail.
Neon Model Management is engaged by Talent/models to be their representative within the industry and at no time is there an employer/employee relationship between Neon and Talent/models. Neon Model Management acts as a facilitator between client (yourself) and Models/ Instagram Ambassadors you select. Neon Model Management undertakes best practice to achieve results based on criteria supplied by client (yourself). Under NO circumstance does Neon Model Management accept liability for what is a third party transaction between client (yourself) and selected Model/Instagram Ambassador.
As such in accordance with the Australian Taxation Office “Pay As You Go” (PAYG) Withholding Guidelines for performing Artists, Agents, Advertising Agencies and Advertisers, available at ATO website @ http://www.ato.gov.au/businesses/content.asp?doc=/content/20615.htm, the ‘end–user’ (Client) of Talent/models is deemed to carry all obligations regarding PAYG tax deductions from talent/model fees and the payment of superannuation contributions applicable in accordance with current Superannuation Guarantee legislation.
Neon Model Management will quote all Talent/model rates separately. A minimum of two hours charged applies to all bookings. All usage is to be negotiated separately as rates apply to shooting time only.
There will a half hour charge for over hours by 20 minutes and over 30 minutes will be 1-hour charge.
Saturday is at Artist’s normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Artist’s normal hourly rate.
If the client does not confirm a tentative booking 24 hours prior to the start of the booking, Neon Model Management has the right to cancel the booking allowing other secondary bookings to take place.
Travel time will be charged at half the hourly rate for all work performed further than 1.5 hour (in kms) from the models location.
Makeup, hair, dressing and rehearsal time will be charged at full fee.
On all bookings, if a job is cancelled: With less than Two Working Day’s 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 Working Day’s 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. Only credit notes would be given after valid reasons.
If the total hours for a booking are reduced by the Client with less than Two Working Day’s Notice, cancellation fees will apply.
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.
Should Neon Model Management want to cancel a booking then it shall use reasonable endeavors to provide the client with reasonable notice, take steps to offer to the client a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation. Neon Model Management shall not be liable to the client for any costs incurred as a result of such cancellation.
All product bookings are subject to negotiation. No advertising, package, poster, billboard, point of sale, hanging banner, swing-tag, metrolite, package inserts, internet or use of Talent/model’s name may be used without prior approval of Neon Model Management.
Exclusivity is defined as the exclusive use of a talent/model’s services in association with a particular product brand at the exclusion of competing product brands. Exclusivity fees will be negotiated in these circumstances. It is the client’s responsibility to verify, at the time of booking, whether the Talent/model has previously performed services for any conflicting product brand.
If the Talent/model advertises a product, she/he will be available for future competitor brands unless an exclusivity fee has been negotiated and received.
Usage and Copyright:
Talent/model images at all times remain the property of Talent/models and any unauthorized usage will be an infringement under Australian Copyright legislation. At no time does ownership of Talent/model images become the property of the photographer or the client and any usage of such images must be agreed to by Neon and will attract usage charges as negotiated on behalf of Talent/models by Neon Model Management.
Usage rights are limited to the specific rights granted and may not be extended without negotiation. If usage was not negotiated or approved, it reserves the right to charge a penalty fee on top of the fee usually charged for that usage.
If you have purchased the unlimited usage package then you have unlimited usage of the images
Usage rights are not granted to the Client until payment in full has been received. Any unauthorized usage of Talent/model images may be subject to legal proceedings if the matter remains unresolved.
At no time does the photographer have the right to use Talent/model images for any other purpose than has been agreed.
Test photography by photographers must not be used for any commercial purpose, including portfolio use by the photographer, unless written agreement has been given.
The client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. If the client or the photographer or any other person on their behalf or connected with them obtains the model’s signature on any document or the model’s purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or Neon unless and until it is agreed in writing by Neon (such agreement to be determined in Neon’s absolute discretion).
Disclosure of extraordinary conditions or requirements is mandatory. Client must notify the agency of double, triple or group bookings.
Confidentiality, the client acknowledger’s confidentiality is of the utmost importance and will use its best endeavours to keep information confidential.
Model Care and Safety
The clients shall ensure that the model is treated with respect and professionalism and that the client takes all steps necessary to ensure that the safety, health and wellbeing of the model is protected and maintained at all times whilst providing services to the client. Such steps shall include without limitation:
- ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model to provide the services in compliance with all health and safety standards, regulations, codes and laws;
- allowing the model to take suitable and regular rest periods, to ensure the model is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
- providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model whilst the model is delivering the services and travelling to and from the client’s venue as if he/she were an employee of the client;
- ensuring that all of the people and organizations which are engaged by the client in relation to the delivery of the services are suitably qualified, experienced and professional;
- ensuring that no one imposes upon the model any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model;
- providing the model with an appropriate changing and dressing area to ensure that the model can prepare for the provision of the services and also maintains his/her privacy.
Always include a credit in the form of “model’s name” @ “Neon Model Management”, wherever a credit is applied.
Neon Model Management will charge 10% plus GST compulsory service fee on all booking. Our terms are strictly Nett 7 days from invoice date. A finance charge of 3% per month will be charged on all invoices that are in overdue of 30 days from the date of invoice. Should any invoices remain outstanding, Neon reserves the right to turn over the client’s account to a third party for collection. It is agreed that if the client’s account is forwarded to a third party client will pay a finance charge for late payment of 20% of all outstanding amounts.
Any cause for complaint should be reported when it arises. Complaints cannot be considered in retrospect.
If you are paying via paypal the entire invoiced sum must be received, Neon will not be paying the paypal charges are our end.
The Agency is not required to, nor holds, any such insurance for Artists.
Neon Model Management shall not be liable for:
- loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
- product recall costs;
- failure by the model to attend a booking for whatever reason;
- damage to the client’s reputation; or
- consequential, special or indirect loss or damage;
even if Neon Model Management has been advised of the possibility of such loss or damage
Neon Model Management does not and is in no way obligated to carry such insurances for Talent/models, Workers compensation and public liability insurance.
Complaints & Disclaimer
Any cause for complaint must be reported to Neon Model Management by the client as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. Whilst Neon Model Management will use reasonable endeavors to ensure that the models provide a satisfactory and efficient services to clients, as the agent, Neon Model Management cannot be held responsible for a model’s conduct or behavior whilst delivering the services and in this regard Neon Model Management shall not be held liable for any costs, expenses or losses suffered as a consequence of the behavior or conduct of any model.
Terms and Conditions
For the purpose of the relationship between the client and Neon Model Management the client acknowledges, accepts and agrees that Neon Model Management is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the sale and supply of services or goods (including services ancillary thereto) by Neon Model Management and supersede any other terms of the client and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the client whether in the booking confirmation form or in any negotiations and any course of dealing established between Neon Model Management and the client. The client acknowledges that there are no representations, statements or promises made or given by or on behalf of Neon Model Management outside these terms and conditions which have induced the client to enter into these terms and conditions (which expression shall include any contract of which these terms and conditions form part).
If there is any conflict between any of these terms and conditions and the booking confirmation form, then the terms of these terms and conditions shall prevail without detriment to the remaining unaffected terms of booking confirmation form.
The booking confirmation forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the booking confirmation form.
For the purpose of these terms and conditions the words “agreed”, subject to section 1, means agreed in writing in the booking confirmation form and signed by duly authorized representatives of both Neon Model Management and the client.
Litigation & Jurisdiction:
All matters that may require legal determination as a result of this Agreement shall be determined within the appropriate court jurisdiction of New South Wales, Australia.