Topend Events & Promotions Pty Ltd TA Topend Kids Events is a professional talent booking agent for self employed performer(s), talent and independent contractors in the events and entertainment industry. Topend Events & Promotions Pty Ltd will hold all engagements and contracts
Purpose of this agreement:
The Company is a modelling and promotional talent agency (“the Business”). The Company provides work opportunities to the Contractor (“Appointments”) which the Contractor shall reasonably accept and undertake to the best of their ability. The Company has engaged the Contractor to provide, and the Contractor agrees to provide promotional, hospitality, entertainment and/or modelling services to the Company.
The Contractor's obligations:
The Contractor will complete the tasks specified by the Company from time to time within the time frames and to the standard specified by the Company. The Contractor must ensure that the provision of services to or for any other person or entity by the Contractor does not interfere with the provision of the Services to the Company in the manner required by this agreement. As a promotional model or promotional staff member, the Contractor must ensure their appearance is impeccable and complies with the requirements of the Appointment, this will be specified in each appointment. The Contractor must arrive at all Appointments with make-up to a high standard, hair out and neat, with all facial piercings removed or replaced with a clear stud, dressed in a professional manner or wearing the Company top in clean and tidy condition, these requirements will be specified in each brief for each appointment. Clients may request you to have a spray tan or nails done prior to an engagement this will be paid for by the client if it is a requirement.
The Company may advertise to Talent, Models and Staff via the company website, social media and professional modelling websites. All applications received via the companies website, email, mobile phone eg SMS, social media profile and pages, and professional modelling websites will be regarded as an application to engage us the company to be their representative therefore receiving and be placed onto the companies profile to receive engagements as a contractor. All applications will be subject to these terms and conditions on acceptance of appointment. All applicants will be placed onto the companies contact list. The Company shall submit all available talent and all suitable talent for each assignment/engagement to the client. The company will submit a comp card of photos supplied by the talent for selection. The company may also gather suitable photos of talent through their professional modelling websites or social media sites to represent the talent. Talent who wish to not feature on the company website are required to email the company to advise of not featuring on the website in writing. If talent wishes to no longer receive any assignments or engagements from the company they are required to email the agency advising this in writing.
Once a client contacts the agency an email and/or text message will be sent to all talent within that state or territory and all suitable talent on our database regarding their availability to the available job/role. If the talent is available please respond promptly. (the quicker the better) Please try to respond within 24hrs. Once we have your availability the agency is in touch with the client to forward all suitable comp cards of available talent.
Once the client has responded back to the agency, we will get in touch with all successful talent that have been selected for that job/role. *If you do not hear back from us you can assume you have been unsuccessful on this occasion. (please do not email or text asking if you have the job or know who has. If you are selected you will hear from us) Once you have received an email and/or text confirming you have been successful for the job/role please reply promptly advising yes you have received this messaged. The agency will then email and/or text you a full brief of each job/role. (please respond to say you have received it.) Once the brief is received you are 100% locked in for the appointment. All clients will have the final say on the talent selected for each appointment/job/position. The agency will try its best to recommend and represent each talent to its best ability although the final decision is the clients. Talent are encouraged to update photos and details to help with the selection process.
Photos & Contributing Content:
Due to the selection process we expect you to have professional photos as this can play a very important part. We need at least 4 professional photos – head shot, full length, lingerie or bikini shot (must all be clear and good quality.) We also require 3 non professional photos (happy snaps – with no one else in them and to be clear and good quality) If talent do not supply professional images, they may not feature on the website and may not receive as much work as they could as most clients will select talent based on their photos. To help the agency represent each talent to the best they can we encourage professional photos Any photos talent submit to our agency can be used to market the talent, business and services. They can also be used for marketing material, websites, and social media. Certain job roles may not require professional photos. However this is the best way to market yourself.
When you submit content to Topend Events & Promotions in any format incl text, photographs, graphics, video and audio, you grant Topend Events & Promotions a non exclusive, royalty free, perpetual licence to publish, submit, or otherwise us that content now and in the future. Topend Events & Promotions reserves the right not to use the content submitted by you the talent.
The talent warrants that they have all the necessary rights including copyright, in the content they contribute and that the content is not defamatory and does not infringe any laws.
The talent indemnify Topend Events & Promotions against any and all legal fees, damages and other expenses that may be incurred by Topend Events & Promotions as a result of a breach of the above warranty.
Once you are confirmed for a shift you MUST NOT: Give your information to the client, contact the client if you are sick or unavailable. (contact the office) No less then 48hours notice if you are cancelling a shift. (Fail to do this will result in a fine or known as a shift fee which will be equivalent to your shifts pay plus agency fees.) Text messages are unacceptable you must phone the office. The agency will contact you a day prior to the appointment/shift just to confirm everything is ok. (please reply promptly) If you fail to reply to this contact prior to your shift you maybe replaced and faced with a shift fee. The agency is always your point of contact never the client. (the client should only be contacted if instructed to be the agency such as ring on arrival to be allowed entry into a venue)
Please have all hair and makeup complete on arrival of your shift You must arrive 15mins prior to the start time to be briefed, dressed and ready to start at your starting time. Please be happy and bubbly while on the job Do NOT use your phones unless its an emergency! We work with clients that constantly use our agency and if you do not follow the right procedures it forces them to look at other agencies ruining your chance at future work. Etiquette: Talent that do a NO SHOW will be immediately taken off the books and placed on a blacklist of unreliable models that is sent to other agencies throughout Australia. Do not defame the agency under any circumstance. If you are unsatisfied or your question is not answered in this document, contact the office immediately to resolve your issues. Reasonable attempts must be made to resolve your concerns. Failing to contact us in a reasonable time and manner to resolve your concerns may result in a fee up to $2500 payable by you for damages caused including legal action. Most of your contact with Topend Events & Promotions Pty Ltd will be via email or text so it’s your responsibility to check your emails and messages, if you have any questions feel free to contact the office. If you change details ie: address, mobile, email, hair colour. Please tell us!
You are required to have an ABN to work with us as you are an independent contractor. If you do not have one please get one at this link. (https://abr.gov.au/For-Business,-Super-funds---Charities/Applying-for-an-ABN/) Most of your work will be invoice, with the odd job being cash in hand. You will receive an amount to collect in your brief if you are to collect cash. You will collect this upon arrival at your shift. If you are to pick up commissions you will be told the amount. These are to be paid into our bank account before the following Wednesday. If you have an invoice job We expect all talent to invoice us after they complete a shift. The agency pays invoices between 14-28 days from the date the correct invoice was received. Please make sure you have invoiced correctly as you may not get paid if there are mistakes. It is your responsibility to make sure you invoice correctly and all documents are provided. All invoices must be addressed to Topend Events & Promotions Pty Ltd All invoices are to be sent via email to firstname.lastname@example.org. Once we receive the correct invoice from you we will put it in the schedule of pays for the next cycle of payments. Please do not contact us requesting immediate payment. Payments are pre scheduled in cycles and this can not be altered.
If you select another method of payment it is your responsibility to submit the correct paperwork as our preferred method is invoice. All amounts are inclusive of tax and superannuation.
If required you may need to do some research about the company you will be representing prior to attending the appointment
The talent is to report any misconduct from the client directly to Topend Events & Promotions Pty Ltd . Our role as an agent is to look after all our talent, any information will be treated with the strictest of confidence.
Standards of Conduct:
Commission of any of the following acts will result in cancellation of payment and being taken off our books. Theft, Under the influence of intoxicants, Fighting (regardless of who provokes it), Falsification of application Insulting, arguing, being discourteous, using profane language in front of customers/clients and public. Dishonesty or misconduct, All forms of sabotage, Bringing illegal drugs, Immoral or indecent conduct Abusing, misusing or destroying company or client’s property or the property of others. Violation of any safety rules, Negligent handing of client’s assets, cash, inventory, equipment or property. Breaches of confidentiality in company matters or remarks to discredit the company. Conflicts of interests. Talent is not to give out their contact details to the client Talent is not to give out their contact details to the public during any shift.
Agreement between talent and Topend Events & Promotions Pty Ltd :
Even though the services provided, are provided by Topend Events & Promotions Pty Ltd to the client, Topend Events & Promotions Pty Ltd work on behalf of the talent for the purposes of being their representative within the promotional and entertainment industry. Topend Events & Promotions Pty Ltd at no time employer/employee relationship with the talent this is noted under the Australian taxation office as Pay As You Go (PAYG) withholding guidelines for performing artists agents, advertising agencies and advertisers Guidelines. It is a clients responsibility for all taxation obligations and super contributions associated with each specific appointment.
Taxation, Superannuation and Insurances:
We advise that all artists have a registered Australian Business Number (ABN) from the Australian Taxation Office. All talent must be an Australian Resident/Citizen or have a valid working VISA along with their ABN number. If you need assistance setting up an ABN please contact us email@example.com.
All talent are responsible for arranging their own superannuation and insurance policies along with their own taxes if applicable. If an ABN is not quoted we may be required to withhold an amount from the final payment
Talent, Topend Events & Promotions Pty Ltd & Client Relationship:
At no time and under any circumstances, is the talent to deal direct with the client or vise versa. When contracting talent through Topend Events & Promotions Pty Ltd the client understands that from this point on that they will contact Topend Events & Promotions Pty Ltd when future work for the talent or any other talent that are managed by Topend Events & Promotions Pty Ltd is forthcoming. As the talent representative, it is always imperative that all correspondence is handled through Topend Events & Promotions Pty Ltd . The talent is never to contact the client direct, as this is a breach of Topend Events & Promotions Pty Ltd working relationship with the client. It is always advised that the talent never offers the client any contact numbers. Penalties may be applied in breach of this
Payments and the talent payment system:
Payments will be made within 28 days of the correct invoice. The talent is to supply a tax invoice addressed to Topend Events & Promotions Pty Ltd for the receivable amount agreed on and by Topend Events & Promotions Pty Ltd and the talent. The invoice is to show their current ABN, date the invoice was written, an invoice number, talents bank details, date and description of the event, the rate and total amount owing talent. If Topend Events & Promotions Pty Ltd does not receive this invoice the talent will not be paid. Topend Events & Promotions Pty Ltd will not be responsible in following up talent if their invoice or paperwork is not submitted or completed correctly.
All talent when representing clients, must be well groomed – hair, nails, clothing and personal hygiene. If talent is required to wear a uniform this must be given back to the client straight after the shift.
All talent when doing a job must be motivated, enthusiastic and bubbly when promoting a product for the client. If you do not feel excited about the work offered please decline the work. By agreeing to the terms and conditions you acknowledge that all information provided is correct and that any photographs submitted to Topend Events & Promotions Pty Ltd are not from copyrighted sources. you also grant Topend Events & Promotions Pty Ltd permission to use the photograph(s) in any future publicity, including use on the website.
If the talent is unsatisfied with a service or client and the talents questions are not answered in the talent terms and conditions, contact the office immediately to resolve your issues. Reasonable attempts must be made to resolve any talent concerns at the time of concern. If the talent goes on to defame the company in any way without contacting the company to resolve the issue in a suitable time frame the talent may be liable for legal costs and a fee payable to the company for damages.
This contract covers all the above for any work undertaken in representing Topend Events & Promotions Pty Ltd & Topend Kids Events
Acceptance of the contract constitutes agreement to these general terms and conditions
Last Updated 1 July 2020