By booking an Actor/Talent/Model through Devojka Models (Agency), you the client (Client) agree to the following terms and conditions:
1. Devojka Models standard office/operating hours are between 9am-5pm, Monday to Friday. If work is required outside of these hours it is subject to availability and additional fees.
2. The Actor/Talent/Model engages Devojka Models to be their agent representative. Devojka Models (Agency) has the Actor/Talent/Model’s written authority to enter into contracts with all Clients on their behalf.
3. The Client is defined as the ‘end user’.
4. To obtain a quote for additional usage, please email [email protected] with full details, including but not limited to: client, output, theme, usage time, usage location/s, types of image/s and or video, etc. To obtain a quote for Call Time and/or usage, please email [email protected] with full details.
5. The Client must communicate through, and book talent via Devojka Models for any and all Actors/Talent/Models listed on devojka.com.au.
6. The Client is not, under any circumstances, permitted to communicate with the Actor/Model/Talent directly regarding bookings (modelling, acting, fittings, etc). whilst the talent are listed on devojka.com.au. All communication regarding bookings (modelling, acting etc) must be made via the Agency. If the Client has a request of urgency, they may contact Tina (Agency Director) on: 0408 322 894.
8. Devojka Models does not hold any insurance including but not limited to; worker’s compensation, damage to property or any other insurance.
9. It is the responsibility of the Client and Talent themselves to ensure they have adequate levels of insurance suitable to meet their own needs.
10. Devojka Models is not liable nor responsible for any injuries, damage, or other claims that take place by the Talent/Actor/Model and/or client. The Client agrees that they will not hold Devojka Models (Agency) liable for any claims.
11.1 To obtain a Quote for an upcoming job, please email [email protected] with full details. Call Time and Usage will be quoted separately, therefore all details must be known at the time of booking. If the Client wishes to extend or alter any type of Usage, the Client must email [email protected] seek a quote prior to any non-consented usage.
11.2 The standard Usage Categories include, but are not limited to the following, normally quoted per 12 months:
1. Social Media/Website/Ecommerce (‘This usage is normally included in the day rate, for up to 12 months, Australia wide. Note that clients are not required to remove the images from social media after the time has run out, but they cannot repost or run ads with those images etc. They must remove images from other forms of media after usage has expired.’ Source – The Right Fit)
2. Collateral/Brochuers/Direct Mail/Trade-Show
4. POS (Point-of-Sale)
5. OOH (Out of Home/Outdoor)
6. Digital (ads, online, youtube, catch-up tv)
7. FTA/Pay TV (quoted per region)
8. Editorial (magazine)
12. It is advised that the Client provides full details of the booking at the time of enquiry, including but not limited to: date/s, start time and finish time, location, theme, requirements of the job and full details of what is involved, the purpose of the shoot, image/video usage, what will be worn and anything else we need to know prior to the booking.
- The Client must not withhold any information as The Agency must make sure it is safe and appropriate for the Actor/Talent/Models to participate, as well as to quote based on the job specifications.
- As an agency, Devojka Models requires full disclosure of the job description from the Client prior to casting, shortlisting and/or and confirming any model/s. If all details are not known, the Client must provide all details known at the time.
- If any ‘nudity’ or ‘implied nudity’ is intended, this must be flagged with the agency prior to any negotiation of rates or appropriate talent. Full details regarding the level of nudity and theme must be provided to the agency in advance by the client, and it is at the discretion of Devojka Models as to whether or not the booking can go ahead. Note that as a general rule, Devojka Models cannot book models/talent for nude role/s, but may be able to book models/talent for some levels of implied nudity. Models/talent who are booked for implied nudity must be 18 or over.
- If the client wishes to book any model/s and/or talent for themes including but not limited to: swimwear, lingerie, bras, panties, slips, pantyhose, transparent loungewear/sleepwear, topless roles for males, clothing which is sheer and revealing, or anything outside the ‘norm’ of fully clothed role/s, it is the client’s responsibility to disclose full details prior to booking.
13. To obtain a Quote or request a Shortlist of available Actors/Talent/Models for a given role, it is best that the Client provides the job date/s at the point of enquiry. Devojka Models cannot shortlist for a role without knowing the date.
14. The Booking Fee (also known as the ‘ASF’ or ‘Agency Service Fee’) is mandatory and normally listed within the total quoted fee (not separately unless otherwise stated).
15. Devojka Models is not registered for GST.
16. A 50% retainer is required at the time of booking to confirm an Actor/Talent/Model for a specific role. The remaining 50% plus any additional overtime is due at the time specified on the invoice, normally within 7-14 days of the issue date listed. If a client requires 30 days to pay the invoice and other supporting documentation to process the payment, this must be noted in advance, at the time of booking.
17. The total hours that the Actor/Talent/Model is booked for by the Client is the minimum that that Actor/Talent/Model must be paid for. If the Actor/Talent/Model completes the job earlier than the initial booked time, they must be paid for the original hours regardless. If the Actor/Talent/Model is required to do overtime, the Client will be liable for the overtime hourly cost, which will be invoiced by Devojka Models and due within 14 days.
18. FINISH TIMES: If a shoot finishes up to 29 minutes past the hour, half an extra hour will be billed to the Client. At 30 minutes or over, an extra full hour will be added to the billing for any subsequent hours.
19. If the total booking hours for a job are reduced by the Client with less than two working days’ notice, cancellation fees will apply.
20. Standard working hours for an Actor/Talent/Model are between 8am and 6pm including any break/s, Monday to Saturday. Additional costs may apply outside of these hours and/or for shoot days longer than 8 hours.
21. Payable call time rates are inclusive of any preparation such as hair/makeup and/or break/s. The entire call time (start to finish) is payable to Devojka Models by the client.
22. It is the Client’s responsibility to disclose all details regarding the job prior to seeking a Shortlist, as this may affect a) who is capable and confident in the role, and b) the fees involved.
23. CHILDREN: Any child/children who are booked via the agency will require a CHAPERONE, which will incur a chaperone fee. This fee will be quoted based on the specific details of the role including exact call times and location, however is approximately $50 per hour.
a) If a mother/father are booked at the same call time, for the same role, at the same location, and are filming at the same time for the entire duration of the call time (i.e. the children are not unsupervised at any point by the parent), a chaperone fee may be waived. This is at the discretion of the agency and the parent involved. Full details need to be disclosed by the client in advance.
b) Under no circumstances can a child be left unsupervised. This is why in the majority of cases, a chaperone must be present. Unless the client can guarantee that the parent is filming with their child the entire call time on SET, not just at LOCATION (and/or having breaks at the same time together) a separate chaperone will be organised and fees charged accordingly.
24. As stated by law, additional conditions (such as more flexibility with breaks, and restrictions on maximum call time hours) apply for Children (under the age of 12) and Young Persons (over the age of 12 but under the age of 18). Devojka Models will abide by the laws set by the ACT Government. If you wish to obtain any information about these laws, please visit this link and/or email: [email protected]
25. FITTINGS: Fittings will be charged at half the Actor/Talent/Model’s standard hourly rate for a maximum of two separate fittings. Additional fittings will be charged at the Actor/Talent/Model’s standard hourly rate. One hour minimum is charged for a fitting.
26. Any additional requests that are outside of standard grooming or maintenance, including but not limited to: professional tanning, manicure/s, hair colouring etc will be charged at the service fee to complete the job (a receipt will be submitted to the Client).
27. Specific themes are subject to a higher Call Time and/or Usage fee. These include but are not limited to: Swimwear, Lingerie, Underwear, Implied Nudity.
28. If the Actor/Talent/Model is required to travel outside of Canberra/QBN, an appropriate Travel Fee will be charged. The Client must disclose this to the Agency at the time of booking.
29. The Client must not ask the Actor/Talent/Model to enter into any verbal or written agreements; any and all contracts/agreements must be sent to Devojka Models who will ask the Talent to sign it once it has been proofed, and will return it to the Client if the terms are appropriate.
If there are any clauses that do not suit the initial agreement, Devojka Models will inform the Client. It is the Client’s responsibility to amend any and all terms which do not suit the initial agreement.
If a Client presents a contract to be signed that is contradictory to the terms agreed upon (such as the usage), the agency/talent have the right to refuse to sign. The client will still be liable for paying outstanding fees, at a minimum of 50% of the total rate. If the client wishes to increase the usage, they may ask the agency for a quote. If the client refuses to pay the additional usage AND refuses to go ahead with the initial booking terms and agreed usage, this is deemed as a cancellation by the Client, in which the Client will be liable for:
50% of the total booking rate if the agency is given 5 or more business days notice
75% of the total booking if the agency is given 3 business days notice
100% of the total booking fee if the agency is given less than 2 business days noticeThese cancellation fees must be paid within 14 days of supplied invoice.
30. Devojka Models recommends that all paperwork is taken care of prior to the date of service. A minimum of 3-5 business days is required for Devojka Models to proof, send the contract to the Talent and return a signed copy to the Client if all terms are appropriate.
31. As an Agency, Devojka always advises that the Actor/Talent/Model arrive 10 minutes early – prior to the compensated Call Time, in order to ‘settle-in’. If a client requires the Actor/Talent/Model to arrive prior to this 15 minutes, this needs to be reflected in the Call Time and compensated for. The 10 minutes ‘settle-in’ time will not be charged.
32. Devojka Models requires a minimum of three business days prior to the date of service to review and approval of any Call Sheets / Briefs to the Actor/Talent/Model.
33. The Client MUST NOT reduce the fees that have been booked and agreed-upon at any point, especially for last minute budget or role changes. The client is liable for full payment of the agreed-upon and confirmed rates of the booking. If any last minute changes are made that the talent is not comfortable with, the talent may refuse the changes and/or cancel their booking. The client will still be liable for the full initial fees that were agreed upon. Last minute changes are changes that are requested within two business days of the booking or less than these forty-eight hours. If a talent cancelling is the direct result of disorganisation or last minute changes made/requested by the client, Devojka Models is NOT responsible for finding a replacement.
34. Preparation: Please note that Devojka Models Actors/Talent/Models have varying abilities in regards to their own hair styling and make-up application and this must be considered when giving hair/makeup direction to be carried out by the model. Basic hair/makeup/styling will not be charged however if the model/talent is expected to source any additional clothing outside of what they already own, it will then be the client’s responsibility to source these item/s.
35. USAGE: Australia Only: Standard usage included in Devojka Model’s Standard Commercial Call Time Rates terms:
1-year of commercial use for social media/website/ecommerce.
Any other usages, including but not limited to billboards, TVC or magazine advertising, need to be discussed prior to booking and will be subject to additional fees.
To obtain a quote for additional usage, please email [email protected] with full details, including but not limited to: client, output, theme, usage time, usage location/s, type of image and/or video, etc. To obtain a Quote for Call Time and/or usage, please email [email protected] full details.
36. All media/photography/content/material is to be used for the purpose of which it was originally agreed upon at the time of booking. The Client is responsible for disclosing any or all usages prior to obtaining a Quote by the Agency. Any usage not specified or not listed in the ‘standard usage for commercial rates’ form will not be covered.
37. The Agency reserves the right to refuse the release of images/content for any use, for any reason, including extensions of existing print and TV campaigns.
38. All rollover fees, usage fees, extended use, additional use, royalties, etc. pertaining to bookings initially made via Devojka Models, must be requested via, and paid to Devojka Models, in perpetuity, even if the talent in question is no longer represented by Devojka Models at the time of request.
39. If any media is used without written authorisation by The Agency, it will be deemed as unauthorised and subject to legal proceedings to either: a) cease using the media and/or b) seek damages to The Agency. The Agency will also recover any legal fees from the Client in relation to the proceedings.
40. EXCLUSIVITY: It is the responsibility of The Client to check, at the time of the booking, whether an Actor/Talent/Model has undergone work which may be conflicting to the current booking. The Actor/Talent/Model is able to work with any and all Clients, whether or not conflicting in nature unless a Client enquires and/or requests that Actor/Talent/Model to be exclusive and with the condition that an Exclusion Fee is negotiated and compensated.
41. If the safety of the Actor/Talent/Model is compromised in any way, the Actor/Talent/Model has the right to refuse participation and/or leave the premises. The Client will still be responsible for full fees, and if needed, legal action will be taken against the Client/Team.
42. Alcohol and/or drugs are not permitted to be taken by the Model/Client/Team members within 48 hours of the date of service.
43. Provisional Bookings: If a Client does not confirm an Actor/Talent/Model for a booking in which case they shall be invoiced 50% of the service fee to confirm, the Agency reserves the right to cancel the provisional booking, allowing secondary or definite bookings to take precedence. It is therefore recommended that a Client confirms the Actor/Talent/Model, in which case the Actor/Talent/Model will refuse all other work which may arise on the date and time of service.
44. Weather Permitting Bookings: If the booking depends upon certain weather conditions, the Client must disclose this at the time of booking, and the following applies:
First cancellation (if the Actor/Talent/Model is still undertaking the role but on a different date): No fee.
Second Cancellation (even if the Actor/Talent/Model is still undertaking the role but on a different date): additional 50% of total artist fee for the booking.
Third and Subsequent Cancellations: 100% of the total artist fee for the booking.
If an Actor/Talent/Model is cancelled and not re-booked, the Client is liable for 100% of the initial booking fee.
45. Last-minute booking/shortlisting requests, and requests required outside of standard business hours (times other than 9am-5pm Monday to Friday) will be subject to an additional administration fee.
46. Cancellation Fees:
If a job is cancelled: With less than two working days’ notice prior to the commencement of the booking, a 50% cancellation fee will be charged to the Client.
Cancellations with less than one working day notice prior to the commencement of a booking, a cancellation fee of 100% of the total artist fee will be charged to the Client.
Cancellation on arrival of the Actor/Talent/Model to a Booking/Job location, a 100% cancellation fee of the total Actor/Talent/Model fee will be charged.
If the booking is for numerous days, the same percentages apply (for example, 50% or 100% of the total Actor/Talent/Model fee across numerous days).
47. Third Party Bookings: If a booking is made by the Client on behalf of a third party, the Client in correspondence with The Agency is responsible for paying the invoice in full by the due dates listed.