Governing the agency agreement between Screen Artists Pty Ltd trading as Modelbank and you the Talent/Performer.
The following are the standard terms and conditions between Modelbank and you, the Performer for representation by Modelbank for all work obtained through Modelbank. These terms apply to all dealings between Modelbank and you and contain the entire agreement between us regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No alterations, cancellations, variation of or additions shall be of any force or effect unless reduced to writing and signed by a Director of Modelbank.
UPDATING THESE TERMS AND CONDITIONS
Modelbank may amend or alter these Terms and Conditions from time to time and you agree that you will be bound by such new Terms and Conditions as they are amended.
PERIOD OF REPRESENTATION
Modelbank will actively promote and represent you as your entertainment industry agent for a period of two years (plus any additional period) from the date you join the agency or renew your
registration. During this time Modelbank will use its best endeavours to represent you for work.
Modelbank IS YOUR AGENT
Modelbank is your agent and represents you for work but is not your employer. Agreements for work are usually between yourself and the specific productions that Modelbank manages on your behalf.
TAX & SUPERANNUATION
Modelbank is rarely responsible for deducting tax and paying super in relation to wages of the performer. The production that employs the performer usually deducts tax and pays super. Modelbank will only deduct tax if the production cannot such as when the production is produced by an overseas entity in Australia or is otherwise not able to deduct PAYG and the performer has worked in Australia.
The wages received by Modelbank on the performer’s behalf are usually the gross in come owed to the performer minus the tax deducted by the production. It is important that you have your tax file number when you attend work as failure to complete a Tax File Number Declaration prior to payment being made will result in the Marginal Tax Rate being retained for tax purposes. A variable rate of tax applies for film and television production work however taxation for performers involved in TVC work is calculated at 20% of the gross amount earned if a Tax File Number Declaration is completed. Performers are not required to claim the tax free threshold to obtain the 20% rate however if a tax file number is not quoted the Marginal Tax Rate is deducted. Tax rules in effect from October 2002 provide that there is no longer provision for performers to quote an ABN to enable PAYG exclusion. Should you attend a production and no TFND forms are available to complete please download from the ATO website,complete and send to Modelbank at the earliest convenience.
CONTRACTS FOR WORK
Most performances require the execution of a performance contract between the production and the performer. You authorise Modelbank, when required, to execute such contracts on your behalf as your agent. Modelbank will only execute performance contracts on behalf of performers upon the performer having been advised of the major terms and the performer has confirmed their availability.
Costs associated with obtaining and performing work are usually deductible against your taxable income however you should confirm this with your tax advisor. Should you decide to no longer have Modelbank act as your agent or if Modelbank cancels your registration in accordance with these terms it is not possible to refund any fees or commissions paid to or retained by Modelbank.
You agree that Modelbank may retain a commission of the gross wages earned by performer in relation to his or her employment on all amounts earned by the performer where such work was introduced or was as a result of being introduced directly or indirectly by Modelbank. Gross wages also includes any additional payments, renewals, additional territory fees, bonuses, winnings or prizes directly or indirectly associated with such work.
PAYMENT FOR WORK
Modelbank will only pay performers once payment has been received from the particular production. Modelbank requires productions to pay within 7 days of them receiving our invoice. However productions usually take longer to make payment and talent must be prepared for such delays, especially with advertising agency work. We usually send productions an invoice within 7days after the performance so performers should expect to receive their payment in around 2-4 weeks for film or television work and about 4-6 weeks for TVC work from performing the work. Payments are remitted to performers each Friday and pays are done for each production on the Friday following 3 working days after payment is received by Modelbank. This means that if we receive payment from the production on a Monday pays will be transferred on Friday, if we receive payment on Wednesday pays will not be transferred until the Friday of the following week. Please ensure Modelbank has correct bank account details as payments are made directly to your nominated bank account.
CANCELLING OR SUSPENDING REGISTRATION WITH Modelbank
A performer may cancel or suspend registration with Modelbank by notifying Modelbank in writing by either
mail, fax or email of their decision to do so. And, if suspending, state the period required. Modelbank may cancel registration of a performer if we believe the performer has committed misconduct in relation to work. This may include a performer not attending work when booked without advising the production or failing to attend work when booked without reasonable excuse. We may suspend your registration if we cannot get in contact with you via the telephone numbers you have provided. It is your responsibility to notify us of changes. Such notification should be done via email to admin@Modelbank.com.au. Modelbank may cancel representation if the Performer has remained suspended for longer than12 months.
Modelbank operates a s a model/talent agency and represents and promotes performers for work in various productions. Performers are usually submitted to casting agents or casting directors that productions appoint. The casting agents/directors usually submit a requirement/brief seeking performers for the production. This may include everyone required from principal roles through to background extras. It is then up to us to put forward talent that we think suit the descriptions the casting agents/directors have given. We do this either by emailing photos and details or by submitting online the talent we recommend. If the role is featured (other than being part of a crowd scene) there is usually a casting or audition and the casting agent/director will advise from those we have submitted who they would like to see. If it is just a background extras role there is not normally an audition and we are usually supplied a list of people the production would like to use. We then contact the relevant performers to book.
Model Agent - A person or business that represents performers for work in film, television and modelling. In this case Modelbank.
Casting Agent/Casting Director - A person or business that works on behalf of a production to cast the required roles of the particular production. Casting agents/directors invariably use Talent Agents to provide talent to fill roles.
Call Time - The time you are required at the specified location and ready to take direction. You should arrive at least 20 minutes prior to your call time to ensure you are ready.
Recall/Call Back - A recall or callback is when you have been to a casting or audition and the production wishes to see you a gain. Recalls are usually paid as per MEAA guidelines.
Wardrobe - Prior to commencing the production you may be required for wardrobe fitting, this may happen at any time prior to the performing days. If you are required to attend for wardrobe you will be paid as per MEAA guidelines. Some wardrobe calls require you to supply your own clothes,if this is ever the case please take more than required and a selection of footwear.
Extra (also known as super numeraries or walk-ons) are persons who are part of a crowd, ensemble or atmospheric scenes, and who appear only incidentally or in backgrounds,do not speak dialogue except in the mass and who are, in accordance with industry practice, not featured.