Terms & Conditions

 

RATES

Vivien’s quotes model rates on a per hour, half or full day or other negotiated basis.  If job runs 20 minutes or more into the next hour, overtime will be charged at negotiated hourly rate constituting an additional full hour to be charged. Rates are quoted for use in Australia for 12 months only, unless otherwise specified. For nude or semi-nude work, minimum of double model‘s hourly rate or by negotiation. Agency must clear with model before accepting any nude or semi-nude bookings.

USAGE

Specific types of usage such as posters, billboards, bus shelters, display cards, dump bins, metrolites, magazine inserts, swing/hang tags, show cards, packaging and social media/internet etc. all require payment of additional fees as negotiated in addition to payment for the model’s shoot time.  Some products are also likely to attract payment of higher fees, e.g. underwear, alcohol, hair and beauty products. Images taken for one type of usage may not be used for any other type of usage without prior negotiation and payment of an additional fee. Images can only be used in Australia and if client wishes to use images outside of Australia additional fees may be payable.

SOCIAL MEDIA USAGE

Usage in client or third party social media channels is not included in model fees unless expressly negotiated. Clients can give or lend product to model but a fee is required to be paid for posts and client must include paid return postage with product or organize and pay for couriers. Model will use specified hashtags advised by client and will ensure post clearly identifies product. Client will advise time and date of post. Client can repost image only once to their social media platforms and must contact Agency to negotiate fee if wishing to make additional use of image. No third party usage is permitted unless agreed by Agency.

NO ARTIFICIAL INTELLIGENCE USAGE

Client agrees not to use any audio-visual recording of the model’s image for purposes other than as specified, specifically you will not use any audio-visual recording to simulate the model’s image or to create any synthesized or “digital double” versions of the model.  Client will not use any portion of model’s image for any unauthorized Artificial Intelligence usage, including but not limited to creation of synthetic recordings or for machine learning.

PRODUCT EXCLUSIVITY AND RESTRICTIONS

Models’ services are supplied on a  non-exclusive basis unless otherwise negotiated by client at time of booking.  If a client requires a model to be excluded from performing modelling services relating to competing products or requires product/area exclusivity this will attract higher fees.  It is client’s responsibility to check all product bookings with us for conflicts.

HOLDS / OPTIONS

Holds must be released or confirmed 24 hours (one working day) prior to booking, otherwise other options or definite bookings could take precedence.  To confirm job, client must sign and return a booking confirmation sheet provided by Vivien’s.

CANCELLATIONS

A cancellation fee of 100% of full fee applies if cancellation made less than 1 full business day prior to commencement of job. If booking is for multiple days, notice of the same number of days must be given in order to cancel without penalty.  For example, for a booking of 3 days, 3 business days’ notice must be given otherwise full fee for the entire 3 day job must be paid.

WEATHER HOLD DAYS

First cancellation on weather check if weather is bad – no fee

Second cancellation – half fee

Third cancellation – full fee

All cancellations are full fee if the same model is not rebooked.

HAIR / MAKE-UP / REHEARSALS/ FITTINGS/ WARDROBE CHECKS/ RECALLS

Full hourly rate or as negotiated.

TRAVEL TIME

Full hourly rate when outside 10 kilometre radius of city GPO.

MEALS

Clients are responsible for model’s meals on full day location shoots and all bookings out of the metropolitan area.

MODELS UNDER 16 YEARS / NSW

In NSW, clients using the service of models under 16 years are required to obtain an authority to employ children and must advise the Agency of that authority number before the job can proceed. See website of the Office of Children’s Guardian.

COMPLAINTS

Any cause for complaint should be reported to Vivien’s during the course of the booking or immediately thereafter.

INSURANCE AND TAXATION

Vivien’s is not the model’s employer but acts as agent for and on behalf of the model. The Australian Taxation Office regards the client as the “payer” and end user of the model’s services for the purpose of it’s “PAYG Withholding for Performing Artist’s” guidelines.  Unless otherwise agreed with Vivien’s, the client is responsible for all taxation obligations associated with each job. Vivien’s does not carry insurance for the model and it is the client’s responsibility to have and maintain all appropriate insurances to cover the model at all locations.

SUPERANNUATION

In most cases, client is liable to pay superannuation on bookings at the current legislative percentage. Quoted fees are not inclusive of superannuation which will be charged on top of model’s rate. A contract is created between the client and model once a booking is confirmed with the agency whether written or oral as stated in the ATO’s “Superannuation Guarantee Ruling S6R 2005/2.”

AGENCY SERVICE FEE

An agency service fee will be charged for all jobs and is payable on the total model fees.

*FROM 30 SEPTEMBER 2024 OUR AGENCY SERVICE FEE WILL BE 20% ON ALL BOOKINGS*

GOODS AND SERVICE TAX

Goods and Services Tax (GST) will be charged at the Government set rate (currently 10%) on the Agency Service Fee.

PAYMENT TERMS

Full payment is required within 30 days of invoice date. A finance charge of 2% per month will be charged on all invoices not paid after 30 days. Vivien’s reserves the right to turn over client’s unpaid account to a collection agent.