TERMS OF SERVICE
A. M K Modelling is an established modelling/talent agency.
B. The Client has agreed to engage M K Modelling to provide the services of models/talent in accordance with the terms of this agreement.
IT IS AGREED AS FOLLOWS
This agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of this agreement:
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
(c) Grammatical forms of defined words or phrases have corresponding meanings;
(d) Parties must perform their obligations on the dates and times fixed by reference to the capital city of Queensland;
(e) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
(f) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
(g) References to a party are intended to bind their heirs, executors, administrators, successors and assigns; and
(h) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
2. Definitions
“Agreed Fee” means the total sum invoiced by M K Modelling to the Client.
“Client or Clients” means clients of the M K Modelling.
“Term” means the period of time during which this Contract applies between M K Modelling Pty Ltd and the Client.
3. Payment
3.1 In consideration of the payment/s set out in Schedule A to this agreement, M K Modelling will recommend models and liaise with the Client and models so that the models can provide the modelling services required by the Client for assignments, projects and productions.
3.2 The Client has or will complete the “booking form” of M K Modelling (which is Schedule B to this agreement) setting out the details of the modelling assignment and/or projects or productions.
3.3 M K Modelling will promptly recommend a model or models to the Client upon receipt of the completed book form.
3.4 M K Modelling will send an invoice to the Client for the full amount of the modelling service or services inclusive of the agreed agency booking fee and any necessary fees and disbursements.
3.5 The Client agrees to pay the amount of the tax invoice from M K Modelling immediately upon completion of the modelling assignment project and/or production.
3.6 The Client may cancel a booking for a model or models by giving forty-eight (48) hours written notice to M K Modelling otherwise, full payment is required to be made because M K Modelling and the models will have incurred the costs of preparing for the assignment production or project.
3.7 Cancellation of an assignment, project or production because of bad weather conditions is not a cancellation that will require the client to make any payment to M K Modelling.
3.8 The Client agrees that it must always maintain a workplace health and safety plan to ensure the health, welfare and safety of the model or models during the assignment, project or production and any breach of this obligation will entitle M K Modelling to cancel the booking and the assignment project or production.
3.9 The Client will ensure that all assignment, project and production locations are a safe workplace for the model or models and will undertake any necessary risk assessments in relation to the assignment, project or production and provide all relevant information to M K Modelling and to the model or models.
3.10 Where any travel of the model or models is required, the Client will be entirely responsible for arranging, booking and paying for the travel of the model in advance of the assignment, project or production.
3.11 Full written details of the travel requirements are to be provided to M K Modelling (where possible) 48 hours prior to the required travel and the commencement of the assignment, project or production.
3.12 The Client agrees that any photograph or digital images produced by the Client and/or its photographers or contract photographers from test or trial photoshoots are not to be used for any commercial purpose or promotional purpose of the Client. They are to remain confidential.
3.13 This Contract is personal to M K Modelling and the Client and the Client agrees that it is not entitled to negotiation contractual terms, payment terms or other commercial terms directly with the model or models relating to fees, expenses and disbursements.
3.14 M K Modelling and the model or models selected by M K Modelling retain the “property rights” and “proprietary rights” to any photograph or digital images of the model or models and the right to use those images for commercial purposes.
3.15 The Client agrees that all images, both photographic and digital, made by the client, the client’s photograph and the Client’s contractors are only to be used for the intended purpose of the assignment, project or production and not to be used for other purposes.
3.16 M K Modelling will be entirely responsible for payment to the model or models for their fees, disbursements and expenses and indemnify the Client in respect of these payments.
3.17 M K Modelling and the Client agree that M K Modelling and the Client are not liable for cancellations, damages or costs due to the COVID-19 pandemic, any similar pandemic and “force majeure”.
3.18 Any amendments to this agreement are to be in writing between M K Modelling and the Client.
*BY SUBMITTING A TALENT BOOKING FORM YOU ARE AGREEING TO THESE TERMS OF SERVICE
All Rights Reserved | ABN: 66278200475 | ACN: 645537524 | M K MODELLING PTY LTD