Talent/Client/Starfish Kids Relationship:
*A talent (Artist) engages Starfish Kids to be their agent representative and the Agency has the Artist’s written authority to enter into contracts with any and all Clients on their behalf. At no time is there an employer/employee relationship between Starfish Kids and talent.
*The “Client” or Talent is deemed to carry all obligations and requirements regarding PAYG tax deductions from talent/model fees and the payment of superannuation contributions applicable in accordance with superannuation guarantee legislation.
*PAYG & SUPERANNUATION -I t is the responsibility of the “End User”(the client) to with hold PAYG tax at 20%, according to the Australian Taxation Office guidelines.The “End User”(the client) is also required to pay Superannuation guarantee charge(SGC-currently 9.5%) of the total talent to the nominated superannuation fund if applicable.
*In accordance with the Australian Taxation Office “PAYG” withholding tax guidelines for Agents, performing artists, advertisers and advertising agencies available on the ATO website.
*The Client is defined as the “end-user” by the Australian Taxation Office’s (ATO) “PAYG withholding for performing artists” guidelines. Web address for these ATO guidelines: https://www.ato.gov.au/Rates/Schedule-3---Tax-table-for-actors,-variety-artists-and-other-entertainers/
*The talent is exclusively represented and managed by Starfish Kids and the client can in no way deal with them directly in any form. All correspondence and booking arrangements are made directly by the client with Starfish Kids.
It is the responsibility of the Client to ensure that they have adequate levels of Workers Compensation Insurance to cover all Artists used at all locations (including travel to and from a location). The Agency is not required to, nor holds, any such insurance for Artists.
Office of Children's Guardian Regulation:
- under 15 years of age in the entertainment and exhibition, still photography and door-to-door sales industries
- under 16 years of age for any type of modelling
- who are being paid either in money or material benefit.
It also applies to children who are not being paid when there is a mix of paid and unpaid children employed.
The web address for informations for employers: http://www.kidsguardian.nsw.gov.au/working-with-children/children-s-employment/information-for-employers
The web address for information for parents: http://www.kidsguardian.nsw.gov.au/working-with-children/children-s-employment/information-for-parents
Agreed Artist rates apply to shoot time only and do not include usage. All Artist usage/loading rates will be separately quoted. An additional charge for Booking Fee will also be quoted separately to the Artist rate. In accordance with the ATO’s “PAYG withholding for performing artists”, The Agency is permitted to raise invoices to include the non-GST Artist rate component as well as the Agency’s “Booking Fee” and GST on the one invoice. The ATO’s “PAYG withholding for performing artists” guidelines, state that the “end-user” (Client) of an Artist’s services is responsible for the payment of their Superannuation at the current rate published by the ATO if applicable.
Usage and Additional Artist Fees:
All photography is to be used for the purpose for which it was originally shot as itemised in the original talent brief. It is the client’s responsibility to notify The Agency of any intended usage before the commencement of the shoot. Use of the images, by way of (but not restricted to) Advertising, Swing Tags, Posters, Brochures, Flyers, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorised with The Agency prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use the image for catalogue for one year from the shoot date, in Australia only, and in accordance with the usage agreed and paid for at the time of the booking. Any further extension of usage or territory must be immediately notified to and negotiated with The Agency. The Agency reserves the right to refuse the release of images for any use, for any reason, including extensions of existing print and television campaigns. Any image used without written authorisation or prior approval from The Agency will be deemed unauthorised usage and will be subject to legal proceedings.
A special fee will be negotiated when the work is in conjunction with a product, which precludes work for competing products. It is the Client’s responsibility to check, at time of booking, whether any conflicting work has been previously done by the Artist. If the Artist advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.
If the Client does not exercise their option to release or confirm a hold booking, The Agency reserves the right to cancel the hold booking, allowing any secondary or definite bookings to take precedence.
Weather Permitting Bookings:
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.
On all bookings, if a job is cancelled: With less than Two Working Days 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 Days 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.
Commercials and stills are to be negotiated at the time of the booking and are quoted for twelve months on air for release in Australia only. Any time extensions or territories must be negotiated at the time of the booking. No Artist may commence a television booking until the applicable MEAA contract has been completed and signed by The Agency as the Artist’s representative. If the first on-air date cannot be specified at the time of signing the contract, it will be deemed to be within 30 days of the shoot. The Agency is under no obligation to extend usage other than that agreed in the contract.
Complaints & Billing Discrepancies:
Any cause for complaint should be reported to the Agency during the course of the booking.Any claim or alteration to the negotiated fee must be notified to the Agency within 7 days of the invoice date. No alterations or amendments to invoiced rates will be accepted more than 7 days after an invoice is issued. Please Note: The Agency act solely for and on behalf of our Artist and whilst making every endeavour to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a talent's conduct on an assignment.
Booking Service Fee:
The Booking Fee (sometimes referred to as “Agency Service Fee”) is a mandatory charge on all stills bookings made with The Agency for all Artist and is not a negotiable fee for the purposes of making a booking. The Booking Fee is calculated at 15% (GST exclusive) of the Total Artist Rate for all jobs (including usage fees). When GST is added, at 10%, the Booking Fee percentage, including GST, is 16.5% of the Total Artist Rate/Fees.
Payment of jobs is required within 30 days from the date of invoice. In all cases the client booking the talent will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking. Payment can be made by Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by Credit Card (Visa or Mastercard). Please not that payments made by Credit Card will incur a fee which is currently 1.5% for Visa and Mastercard.