TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS OF USE AND INDIGENOUS FASHION UNEARTHED PRIVACY POLICY BELOW CAREFULLY BEFORE USING THIS SITE.

Owner’s/Trademark/Copyright

All content and information included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, INDIGENOUS FASHION UNEARTHED or is the property of, INDIGENOUS FASHION UNEARTHED content suppliers or licensors and protected by the laws of Australia and other countries and international treaties. The compilation of all content on this site is the property of INDIGENOUS FASHION UNEARTHED and is protected by the laws of Australia and other countries and international treaties. INDIGENOUS FASHION UNEARTHED marks indicated on this site are registered trademarks of INDIGENOUS FASHION UNEARTHED. All other marks that are not owned by INDIGENOUS FASHION UNEARTHED that appear on this site, such as those of INDIGENOUS FASHION UNEARTHED, are the property of their respective owners, which may or may not be affiliated with or connected to INDIGENOUS FASHION UNEARTHED. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of Indigenous Fashion Unearthed or the owner of such marks.

License and use of this site:

INDIGENOUS FASHION UNEARTHED RESERVES ALL RIGHTS TO DENY OR RESTRICT ACCESS TO THIS SITE TO ANY PARTICULAR PERSON, OR TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THIS SITE, AT ANYTIME, WITHOUT ASCRIBING ANY REASONS AND/OR NOTIFICATION WHATSOEVER.

By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy below. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site. INDIGENOUS FASHION UNEARTHED reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions and/or deletions.

Talent/Client/Indigenous Fashion Unearthed Relationship:

INDIGENOUS FASHION UNEARTHED is Contracted by Talent to be their representative in the industry and at no time is the relationship one of employer/employee which is confirmed within the Australian Taxation Office’s “PAYG Withholding – Performing Artists and Promotional Activities”. The complete Guidelines can be viewed/printed from the Australian Taxation Office web site. Under these Guidelines it is stated that irrespective of whether the relationship of the Talent with the Client is deemed to be that of employee or independent contractor, the “Payer” of the Talent’s services (the Client) is responsible for withholding PAYG Taxes from the Talent Rates and the payment of Talent’s Superannuation, in accordance with current Superannuation Legislation. Please note the following point as stated in these ATO Guidelines: “Payments made to a performing artist’s agent: Where an agent contracts on behalf of the performing artist, the contract is still between the performing artist and the advertising agency or advertiser.”

Public Liability:

It is the responsibility of the “Payer” of Talent (client) to ensure that they have adequate levels of Worker’s Compensation Insurance to cover all Talent used at any/all locations (including travel to and from a location). INDIGENOUS FASHION UNEARTHED is not required to, nor holds any such insurances for Talent.

Rates:

Please check Model/Talent rates when booking. The rates apply to shoot time only and do not include usage. Please note that all rates quoted are Talent rates only. An additional charge for Booking Fee is added at the time of raising client invoices.

The Working Day:

Normal working hours are between 7am and 6pm, Monday to Saturday, and penalty rates apply outside these hours. For bookings over 8 hours, a guaranteed Day Rate will need to be negotiated at time of booking.

Hours Booked:
The total hours that Talent is booked for is the minimum hours that Talent must be paid for. If a job finishes prior to the originally booked time, Talent must be paid for the original hours booked regardless of whether the job was completed early. If a job takes longer than the originally booked hours then overtime/penalty rates will apply. If the total hours for a booking is reduced by the Client with less than Two Working Days Notice, cancellation fees will apply.

Editorial:

For regular editorial talent rates to apply to a booking, the publication must be on sale nationally in Australia through Newsagents or Supermarkets or available by paid subscription. If this criteria is not met then full Advertorial rates will apply to the booking.

Overtime & Penalty Rates:

Overtime Rates are Time and a Half of the Talent’s normal rate before 7am and after 6pm. A special rate is negotiated after 11pm and before 6am. Saturday is at Talent’s normal hourly rate. Sundays and Public Holidays are at Time and a Half of the Talent’s normal hourly rate.

Finish Times:

Where a shoot may finish up to 19 minutes past the hour, no extra hour will be billed. At 20 minutes and over, an extra full hour will be added to the billing at the appropriate rate and for any subsequent hours. INDIGENOUS FASHION UNEARTHED does not charge half hours.

Fittings:

Fittings will be charged at half the Talent’s normal hourly rate for a maximum of 2 separate fittings. 3rd and subsequent fittings will be charged at the Talent’s full normal hourly rate.

Specific Maintenance Requests:

Manicures, Tanning or Additional hair maintenance requests will be charged at half the Talent’s normal hourly rate, unless specifically negotiated, as well as the actual cost for the requested Maintenance to reimburse the Talent.

Sleepwear and Underwear:

Sleepwear is charged at Time and a Half of the Talent’s normal hourly rate. Underwear is charged at Double Time of the Talent’s normal hourly rate.

Travel Rate:

Travel time is charged at the Talent’s normal hourly rate. This applies to travel outside a 10km radius of the CBD. Travel Days are charged at half the Talent’s negotiated Daily Rate.

Usage and Additional Talent Fees:

All photography is to be used for the purpose for which it was originally shot as itemised in the INDIGENOUS FASHION UNEARTHED Booking Confirmation signed by the Client at time of booking. It is the client’s responsibility to notify INDIGENOUS FASHION UNEARTHED 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, Show Cards, Pack Shots, Billboards, Websites, Bus-Sides etc, must be negotiated and duly authorised with INDIGENOUS FASHION UNEARTHED prior to the booking taking place. In general, the confirmed booking and usage fees cover the right to use one 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. Usage rights are not granted to the Client until payment in full has been received. Any further extension of usage or territory must be immediately notified to and negotiated with INDIGENOUS FASHION UNEARTHED. INDIGENOUS FASHION UNEARTHED 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 INDIGENOUS FASHION UNEARTHED will be deemed unauthorised usage and will be subject to legal proceedings.

Exclusivity:

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 Talent. If the Talent advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.

Provisional Bookings:

If the Client does not exercise their option to release or confirm a provisional booking, INDIGENOUS FASHION UNEARTHED reserves the right to cancel the provisional 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 Talent Fee for the booking. Third & Subsequent Cancellations – 100% of the total Talent Fee for the booking. A 100% Cancellation Fee will be charged if the same model is not re-booked.

Cancellation Fees:

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 Talent 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 Talent Fee for the booking will be charged. On arrival of Talent at Booking/Job Location, a cancellation Fee of 100% of the total Talent 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 Talent Fee for the booking will be charged.

Television:

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 Talent may commence a television booking until the applicable MEAA contract has been completed and signed by INDIGENOUS FASHION UNEARTHED 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. INDIGENOUS FASHION UNEARTHED is under no obligation to extend usage other than that agreed in the contract.

Complaints:

Any cause for complaint should be reported to INDIGENOUS FASHION UNEARTHED during the course of the booking. No claims or alterations in the negotiated fee will be accepted after an invoice is issued. Please Note: INDIGENOUS FASHION UNEARTHED act solely for and on behalf of our Talent and whilst making every endeavor to provide a satisfactory and efficient service, we cannot be held ultimately responsible for a models conduct on an assignment.

Booking Fee:

The Booking Fee is a mandatory charge on all bookings made with INDIGENOUS FASHION UNEARTHED for all talent 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 Talent 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 Talent Rate/Fees.

PAYG Tax & Superannuation:

It is the responsibility of the “Payer” of Talent (the Client) to withhold PAYG Tax at 20%, in accordance with the Australian Taxation Office Guidelines noted in the first paragraph of these “Booking & Billing Terms and Conditions”, from the total Talent rate for the booking. The “Payer” of Talent (the Client) is also required to pay Superannuation Guarantee Charge (SGC – currently 9%) of the total Talent rate to the Talent’s nominated Superannuation Fund. Tax File Number Declaration forms and Talents’ Super fund details will be sent with your invoice.

Payment:

Payment is required prior to the booking date and within 7 days from the date of invoice. In all cases the client booking the model 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 cheque (sent to our Melbourne office), Electronic Funds Transfer to our bank account (bank details appear on all invoices) or by Credit Card (Visa, Mastercard & American Express). Please not that payments made by Credit Card will incur a fee which is currently 1.2% for Visa and Mastercard and 3% for American Express.

If the Client fails to pay the amounts due, in accordance with these terms and conditions, they will be responsible to pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and Solicitor’s costs.

 

Blog House Rules

We encourage comments from our readers on our blog, and suggest you become familiar with the house rules, below, that guide moderation of our posts.

Indigenous Fashion Unearthed reserves absolute discretion in terms of holding, removing or deleting any comments on the blog. As a starting point, the following rules apply:

  • Adult content: Do not post images or videos that contain nudity or sexual activity.
  • Child safety: Do not post content that exploits children.
  • Negative content and speech: We want you to use the What’s On blog page to express your opinions, but don’t cross the line by publishing negative content and speech. By this, we mean content that discriminates, or promotes hate or violence towards an individual or group based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
  • Crude content: Don’t post swear words or shocking or graphic content.
  • Violence: Don’t threaten other people on this blog.
  • Copyright: Don’t infringe copyright or other intellectual property.
  • Personal and confidential information: It’s not OK to publish another person’s personal and confidential information. For example, don’t post someone else’s credit card number, unlisted phone number or driver’s license number.
  • Impersonating others: Don’t mislead or confuse readers by pretending to be someone else or by pretending to represent an organisation when you don’t. Do not post content that is likely to mislead readers about your true identity.
  • Advertising: Don’t advertise or market a business or other entity unles otherwise arranged and approved by Indigenous Fashion Unearthed.
  • Illegal or dangerous activities: Don’t use the What’s On blog to engage in illegal activities or to promote dangerous and illegal activities. Don’t describe or encourage activities that could endanger the safety or well-being of others.
  • Spam: Don’t post spam. Examples of spam include creating comments designed to drive traffic to your site or to move it up in search listings, or posting comments on other people’s blogs just to promote your site or product.
  • Relevance: Stick to the topic. Anything considered to be off-topic for the blog discussion will not be published.
  • Malware and viruses: Don’t post comments that transmit viruses, induce pop-ups or attempt to install software without the reader’s consent, or that otherwise impact readers with malicious code. This is strictly forbidden on the What’s On blog.

Enforcement of the house rules

If you encounter a comment on our blog that violates our house rules, please report it to us by email.

Our team reviews these emails for violations and will take appropriate action without entering into any correspondence.