QUAY MODELS – TERMS & CONDITIONS

QUAY MODELS PTY LTD (“Quay Models”) is engaged by talent/models (“Talent”) to act as their representative within the industry. At no time does an employer/employee relationship exist between Quay Models and the Talent.

In accordance with Australian Taxation Office (“ATO”) Pay As You Go (PAYG) Withholding Guidelines for performing artists, agents, advertising agencies and advertisers, the end-user (Client) of the Talent is deemed to carry all obligations in relation to PAYG tax deductions from Talent fees and the payment of any superannuation contributions required under current Superannuation Guarantee legislation.

Insurance

It is the responsibility of the Client, as the end-user of Talent services, to ensure that they are adequately covered for Workers’ Compensation and Public Liability insurance arising from the engagement of Talent. Quay Models does not and is not obligated to carry such insurances on behalf of Talent.

Rates & Minimum Charges

Quay Models will quote all Talent rates separately.

A minimum booking of two (2) hours applies to all bookings.

Bookings involving lingerie, bras, panties, slips, pantyhose, transparent loungewear or sleepwear are subject to a two-hour minimum. Clients must specify the nature of any lingerie booking in advance, as approval must be obtained from the Talent prior to confirmation.

All usage rights are negotiated separately. Quoted rates apply to shooting time only, unless otherwise agreed.

Superannuation

All quoted Talent fees are exclusive of statutory superannuation contributions. Where applicable, superannuation remains the obligation of the Client and must be factored into the budget as an additional cost.

Overtime & Extensions

There will be no additional charge for work completed within 20 minutes of the booked time.

Any work exceeding 20 minutes will incur a charge of one additional full hour.

Quay Models does not charge half or quarter hours.

Tentative Bookings

If a Client does not confirm or release a tentative booking at least 24 hours prior to commencement, Quay Models reserves the right to cancel the booking to allow secondary bookings.

Working Day & Overtime Rates

All bookings are calculated on an 8 consecutive hour day, inclusive of meal breaks.

Time worked:

  • before 9:00am

  • after 5:30pm

  • or beyond 8 consecutive hours

will be charged at time and a half, unless otherwise negotiated.

Weekend and public holiday rates are negotiated separately.

Travel

Travel time will be charged at half the hourly rate for work performed more than 10km from the Brisbane CBD, unless otherwise agreed.

Preparation Time

Makeup, hair styling, dressing, rehearsal and fitting time are charged at the full applicable rate.

Cancellations

  • Cancellations made within 24 hours of the booking incur the full fee

  • Confirmed travel bookings must be cancelled at least one (1) week prior to commencement, otherwise full fees may apply (up to a maximum of three (3) days)

Product & Advertising Usage

All product bookings are subject to negotiation.

No advertising, packaging, posters, billboards, point-of-sale material, banners, swing-tags, metrolites, packaging inserts, internet usage, or use of a Talent’s name, image or likeness may occur without prior written approval from Quay Models.

Exclusivity

Exclusivity refers to the exclusive use of a Talent’s services for a particular brand, excluding competing brands. Exclusivity fees are negotiated separately.

It is the Client’s responsibility to confirm whether a Talent has previously worked with competing brands.

Unless exclusivity has been agreed and paid for, Talent remains available to work with competitor brands.

Image Ownership & Usage

All Talent images remain the property of the Talent. Any unauthorised use constitutes a breach of Australian Copyright Law.

Ownership of Talent images does not transfer to the photographer or Client. All usage must be approved by Quay Models and will attract negotiated usage fees.

Usage rights are not granted until payment is received in full.

Unauthorised usage may result in additional fees or legal action.

Photographers may not use Talent images for any purpose other than that agreed between Quay Models and the Client. Clients must ensure these conditions are communicated to photographers prior to commencement of the shoot.

Test photography may not be used for commercial or portfolio purposes without written approval from Quay Models.

Disclosure & Facilities

Clients must disclose any extraordinary conditions or requirements and notify Quay Models of double, triple or group bookings.

Adequate dressing facilities must be provided on all bookings.

Any invoice discrepancies must be raised immediately upon receipt.

Agency Fees & Payment Terms

Quay Models charges a 20% service fee plus GST, payable by the Client, on all booking and usage fees.

Payment terms are strictly Net 7 days from invoice date.

Overdue invoices may incur:

  • a 3% per month finance charge after 30 days; and

  • recovery through a third-party collection agency, with a 15% recovery fee payable by the Client.

Credit claims will not be recognised after 7 days from invoice date.

Complaints

Any cause for complaint must be raised at the time it arises. Complaints will not be considered retrospectively.

Governing Law

All matters requiring legal determination arising from these Terms and Conditions shall be governed by and determined in accordance with the laws of Queensland, Australia, and subject to the jurisdiction of Queensland courts.

Under-Age Talent Code of Conduct

For all under-age Talent engaged in tests, editorials, fashion shows, video, film, and television work:

  • No topless or nude content is permitted

  • No see-through or “nude” garments on runways

  • No imagery depicting nudity may enter the public domain

  • Alcohol or drugs must not be offered

  • No sexualised posing or content

  • Quay Models reserves the right to withdraw Talent and still charge for services rendered

Clients must adhere to this Code of Conduct at all times.