Neon Model Management Client Terms and Conditions for Social Media Collaborations
By filing out the criteria and signing the terms and conditions 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, 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.
Talent: Influencer and or Celebrity
Model: Regarding Model Face
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) or 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.
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 unauthorised 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.
Usage rights are not granted to the Client until payment in full has been received. Any unauthorised 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.
All social media bookings come with usage to repost images on social media channels and website, no other usage.
The client shall not attempt to negotiate, nor allow others to negotiate, with the models/talent 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).
For content creation, the Talent must be provided with a criteria to follow when creating the content. The content will follow the criteria stated, the client will not be provided with a contact sheet of images only the specified edits.
For amendments to be made there must be a notion of the criteria that has not been met. No refunds will be given for content creation.
Neon Model Management are not responsible for loss of product or shipping.
Disclosure of extraordinary conditions or requirements is mandatory. Client must notify the agency of double, triple or group bookings.
A booking is made once the information and addresses sheet has been emailed. The invoice will then be due and posts will go live.
Confidentiality, the client acknowledger’s confidentiality is of the utmost importance and will use its best endeavours to keep information confidential between the user and the client.
Criteria is stated prior to any post being booked and or payment being made, the Talent agrees to the collaboration based on the criteria, thus amendments cannot be made, only suggested to Talent.
Cancellations cannot be made after the terms and conditions agreement has been signed and sent back. Refunds cannot be given if you have booked a package deal – an alternative can be provided. Refund will only be given if no post has gone live and promoter has received product. No refund can be given if reason is due to postage. Additionally, only credit notes are available as refunds.
Neon Model Management includes their agency fees within the fees quoted, a further 10% may be charged on top for 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.
Invoices must be paid prior to posting in order for Talent to be paid soon as they have posted the content via their social media platforms.
The Agency is not required to, nor holds, any such insurance for Talent
Neon Model Management shall not be liable for:
1 loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or
anticipated savings; 2 product recall costs;
3 failure by the model to attend a booking for whatever reason;
4 damage to the client’s reputation; or
5 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 endeavours 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 behaviour 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 behaviour 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). At no point do Neon guarantee number of sales from posts nor a guaranteed reach.
The Talent will use reasonable endeavours to performs its contractual obligations within the time agreed with The Client, if no time is agreed, then within a reasonable time, but the time of performance will not be of the essence. If, despite those endeavours, The Talent is unable for any reason to fulfil any performance on the specified date, The Talent will be deemed not to be in breach of the Contract, nor (for the avoidance of doubt) will the Talent have any liability to The Client for direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of good will and like loss) howsoever caused (including as a result of negligence) by any such delay or failure in performance Any delay in performance will not entitle the client to cancel the order.
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 authorised representatives of both Neon Model Management and the client.
Once criteria has been set no amendments can be made as Influencers agree on the collaboration with the criteria originally set. All posts will be required to state either #ad or #spon due to the new government rules and regulations.
No approval posts as the criteria must include all the needful for the influencer to create the advised content.
After the information and addresses sheet has been emailed, shipping and invoice must be processed within 7 days however, if not paid after 30 days 15% of the invoice total will be added as a late charge.
These terms and conditions will over rule any other forms signed by Neon for the other party. By participating with Neon Model Management, you are agreeing to the terms and conditions presented here.
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.