Paradox Management

Paradox Management Terms & Conditions for Booking & Accounts

Agreement between Artist, Client & Paradox Management Pty Ltd

Even though the services provided, are provided from Paradox Management Pty Ltd to the Client, Paradox Management Pty Ltd work on behalf of the Talent for the purposes of being their representative within the entertainment industry. Paradox Management Pty Ltd at no time has a employer/employee relationship with the Talent, this is noted under the Australian Taxation Office's "Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers". Also for information relating to the relationship between the Model Agency, The Client & The Performer, refer to Model agencies - Can I pay the PAYG withholding and superannuation contributions in relation to payments made to the performing artist on behalf of the end user? At the bottom of the Guidelines.

Taxation

The "Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers" also state that irrespective of whether the relationship of the artist with the Client is deemed to be that of employee or independent contractor, the "End-User" of the Artist's services (the Client) is responsible for withholding PAYG Taxes from the Artists Rates and the payment of Artist's Superannuation responsibilities on the artists behalf unless a Australian Business Numbers for the Talent is supplied.

To avoid confusion when dealing with taxation issues (PAYG does not apply to employers sub-contracting ABN holders), we have recommended that all artists have a registered Australian Business Number (ABN) from the Australian Taxation Office. In the event that the Artist represented by Paradox Management does not hold an ABN, the client is expected to supply the artist with the appropriate paperwork (Taxation Declaration Form) so as they may provide their Tax File Number (TFN), alternatively this paperwork can be supplied post-performance by Paradox.

If the artist is not an Australian Resident or Citizen they are to supply the client with a copy of their approved and valid working VISA along with their TFN. If this paperwork is not supplied by the artist within 30 days Paradox Management will authorize the payment to be transferred/produced or sent without the Tax Free Threshold being applicable.

Insurances and Public Liability

Because Paradox Management Pty Ltd is not deemed to employ the Artist and therefore cannot be held responsible for events occurring during their period of their management, it is the responsibility of the Client to ensure adequate levels of Public Liability Insurance exist to cover all Artists used at any/all locations (including travelling to and from the job). Otherwise, the Client can include amounts paid to Artists with Annual Workers' Compensation Insurance calculations so that they are covered under the Clients Workers' Compensation Insurance policy when performing work for the Client. Please Note: Paradox Management Pty Ltd is not liable for any loss or liability that may incur, not limited to personal injury and/or loss, for this reason Paradox Management Pty Ltd does not require, nor holds, any insurances for Paradox Management Pty Ltd Talent (excluding Public Liability for when Talent are physically present in the Paradox offices).

Employment of Children

Artists under the age of 15 years are to be classed as "children". The employer or client is responsible for pertaining the relevant permissions from the Office of The Children's Guardian at least 7 days prior to commencement of employment. The Client must keep record of all hours worked locations and particulars, the name, address and phone number of the child as well as parental details along with the agency details. The Employer must notify the OCG as to any unusual risks existing in connection with the proposed location at the point of obtaining permission for the Artist to work.

The employer must not employ the child for more than one period per day, this period being no more than 4 hours on any day in which the child is required to attend school unless otherwise cleared with the OCG. The employer or client must ensure that each child is given a 10 minute rest break every hour and 1 hour rest break every 4 hours. The employer or client is also to ensure that no child is required to start work less than 12 hours after previously finishing work. In the event the child has another booking for a separate employer, Paradox Management will take responsibility in separating the bookings for the two different clients at least 12 hours apart. Children may not be booked after 9pm on any day before if the child is required to attend school the following day.

The employer is responsible in ensuring that each artist is taken home after the completion of work and must ensure that the journey commences within 30 minutes after the child finishes work (this does not apply if the artist is more than 12 years and if the distance between work and home is less than 10 kilometers and if the journey can be completed by public transport within daylight hours).

For further information regarding child bookings and employment, please contact the Office of the Children's Guardian. The Terms and Conditions relating to child employment have been derived directly from the Children (Care and Protection - Child Employment) Regulation 2001, which contains and upholds all legislation under the Children (Care and Protection) Act 1987. A copy of these guidelines, regulations and the Act can be obtained through the OCG or can be provided to you by Paradox Management Pty. Ltd.

Rates, Usage & Additional Artist Fees

All Paradox rates are available on request direct to a Paradox Management Pty Ltd consultant. All Paradox rates apply to shoot time only and do not include usage fees. All usage fees are to be negotiated during pre-production discussions with Paradox. Note: All rates quoted are Artist rates only. A Further Agency Service Fee & (if applicable) Superannuation will be applied at the time of invoicing. For further information regarding the Paradox Account System and Agency Service Fee see notes below.

All footage and photography can only be used for the purpose for which it was originally shot as itemised in Paradox Management Pty Ltd booking confirmation signed by the Client at the time of booking. It is the Clients responsibility to notify Paradox of any intended usage before the commencement of the shoot period. Use of the images or footage, by way of (but not restricted to) Advertising (including television commercials airing on free-to-air and pay services), Posters, Consumer product packaging, Billboards, Websites, Bus-sides, Hang tags or use of the Talents names etc, must be negotiated and duly authorized with Paradox Management Pty Ltd prior to the booking taking place or as soon as the Client decides to extend or further any usage (this also applies to region or territory usage expansion or changes). Rights of usage are not granted to the client until payment in full has been received. Paradox Management Pty Ltd may decline usage, including extensions of existing print and television campaigns at any point if any of these terms and conditions is breached. Any image (still or moving) used without written authorization or prior approval from Paradox will be deemed unauthorized usage and will be subject to legal proceedings.

Releases and contracts

Paradox Management Pty Ltd talent are informed not to sign media releases and/or any contracts unless it has been received and checked extensively via Paradox Management Pty Ltd and a member of staff has read and understands the document. As talent representative Paradox has the right to sign on behalf of the talent, but insists that all contracts and releases have been received by Paradox Management Pty Ltd prior to any productions.

Roll Over (Extended Usage Fees)

When the contracted period of usage is less then three (3) years, then, subject to the Agency's written agreement on behalf of the Talent, the advertising material may be used beyond the original and any further contracted period, on the provision the Talent shall be paid and additional fee equivalent (on a pro rata basis) to the original negotiated fee, such payment to be made prior to the commencement of extended use.

Where the contracted period is for 3 years then the use of the advertising material may be continued for a further period of up to 3 years subject to the fee for the further period shall be equivalent (on a pro rata basis) to the original negotiated fee, the amount is paid in full to the Talent in full, via Paradox Management Pty Ltd.

Paradox Management Pty Ltd has the right to withhold consent to continue using the advertising material on behalf of the Talent, on the grounds of the legitimate professional concern of the Talent. Paradox Management Pty Ltd has all rights to withhold consent after payment has been tendered, in this case Paradox Management Pty Ltd shall return the payment to the Client or the Client's advertising agency together with a written statement setting out the grounds of the Talents legitimate professional concern within 28 days of payment being posted.

Paradox Management Pty Ltd has the right to negotiate all rollover fees and usage on behalf of the Talent and retains the right to negotiate all rollover terms on behalf of the Talent.

For all Rollovers made on behalf of the Talent that are no longer contactable to Paradox i.e. ex-talent, amounts will be held on trust by Paradox Management Pty Ltd and presented to the talent, by way of the Accounts System, when the ex-talent is in contact with Paradox Management Pty Ltd. Please be aware that Paradox Management Pty Ltd will not work as a locater for these ex-talent, as this takes crucial time away from the daily operations of the business. It is suggested that all talent are to remain in contact with Paradox Management Pty Ltd in regards to any rollovers that may be forthcoming.

All Roll Over fees are to be directed to the Talent via Paradox Management Pty Ltd and at no time may a client pay an Artist directly for a rollover or extended usage fee, unless Paradox Management has agreed to this in writing.

These rollover provisions shall operate on the expiry of each period of extended use. In the event that the roll-over option has been exercised and the advertising material is not used in any 12 months period after the initial three (3) years then the advertising material shall be used without the further consent of Paradox Management Pty Ltd, via the Talent.

Talent, Paradox & Client Relationship

At no time and under no circumstances, is the talent to deal direct with the Client, vise versa. When contracting talent through Paradox Management Pty Ltd the Client understands that from this point on they will contact Paradox Management Pty Ltd when future work for this talent or any other talent that are managed by Paradox Management Pty Ltd is forthcoming. As the talent representative, it is always imperative that all correspondence is handled through Paradox Management Pty Ltd. Paradox Management Pty Ltd stresses that if the Talent is waiting on payment from the Client, the Talent is never to contact the Client direct, as this is a breech of Paradox Management's working relationship with the Client. It is always advised that the client never offer the talent any contact numbers and offers them to keep in touch. Please be aware that any false information or defaming conversation regarding Paradox Management Pty Ltd is a breech of the law, under the sector Deformation and will result in legal action being taken immediately. Paradox Management Pty Ltd advises all talent to refrain from any further interaction with the Client and is informed to alert Paradox Management Pty Ltd of any attempts.

Shoot times & hours

Standard to the entertainment industry are the working hours, that are to be between 7am - 6pm, Monday to Saturday; penalty rates will apply outside these hours indefinitely. For bookings over 8 hours, a 'guaranteed day rate' will need to be negotiated during pre-production discussions with Paradox (in these discussions a maximum amount of hours will be set for the talent to work within a 24 hour period or as outlined by MEAA guidelines).

The total hours that an Artist is booked for is the minimum hours that the Artist must be paid for. If a job finishes before the booked time, Artists are still to be paid for the original booked time, whether the job was completed early. If a job extends the original booked time, then overtime/penalty rates will apply. If the total hours for a booking are reduced by the Client with less then Two Working Days Notice, cancellation fees will apply.

Overtime, Penalty Rates & Other Fees

Overtime Rates are Time and a Half of the Artist's normal rate before 7am and after 6pm. An auxiliary rate is to be negotiated after 11pm and before 6am. Saturday is at the Artist's normal hourly rate and Sundays and Public Holidays are at Time and a Half of the Artist's normal hourly rate.

'On the day' Make-up time is charged at half the Talent's hourly rate, unless specifically negotiated.

Sleepwear is charged at Time and a Half of the Artist's normal hourly rate & Underwear or any partial nudity is charged at a Double Time of the Artist's normal hourly rate unless negotiated otherwise. Total nudity on a closed set will also attract a higher fee however this must be negotiated before the time of the shoot and Paradox Management must be advised of this in writing or otherwise.

Wardrobe or fitting fees are charged at $75 per hour unless negotiated otherwise and are applicable if the artist is booked for a fitting before the originally booked period. Callback fees (outlined as a secondary casting) will be charged at $50 per hour where applicable.

Agency Service Fee

A standard Agency Service Fee is a mandatory charge on all bookings made with Paradox Management for all talent and is not a negotiable fee for purposes of making a booking. The Agency Service Fee covers Paradox Management's costs for Client specific services such as our web site, administration charges, Booker's time, the Talent contact costs etc and is added during invoicing. The Agency Service Fee is calculated at 10% (GST exclusive) of the Total Artist Rate/Fees for all jobs (including usage fees) and is included in set amounts, if negotiation of fees has not taken place by The Agency. When GST is added, at 10%, the Agency Service Fee percentage, including GST, is 11% of the Total Talent Rate/Fees.

Payments and the Talent Payment System

Payment for the work shall be made within 7 days following the Saturday of the week in which the work is performed. The Client booking the Artist will be invoiced and solely responsible for payment unless otherwise agreed to and confirmation given prior to the commencement of the booking. If the Client fails to pay 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 or Solicitor's costs, that may arise.

Paradox has a strict accounts department that deal with all receivable and payable amounts. Paradox's accounts department has implemented the following system for Talent receiving payment after jobs completed.

As of 1st January 2004 all accounts will be dealt with through the following procedure once a job is complete:

Once The Talent has completed a job:

1. The Agency invoices the Client for the payment for the completed work.
2. Once Paradox receives payment from the Client, we e-mail The Talent or their legal guardian, a payment breakdown, which includes all amounts payable or deducted, taxed etc. to them from work completed by them through The Agency. This is sent to them in the form of a Purchase Order.
3. The Talent is to supply a Tax Invoice for the receivable amount stated in the Purchase Order (along with their current ABN, if applicable, Purchase Order number and the date the invoice was written, provided on the invoice)
4. Once we receive The Talents invoice, the payment is processed and due to The Talent 30 Days from the date Paradox Management Pty Ltd receives the invoice. This gives Paradox Management enough time to process The Talents payment. Following this, the payment is mailed to The Talent on the corresponding 25th of the month (as all outgoings happen on the 25th of each month) and Paradox's accounts department only sends payment via mail (as we do not take responsibility for cheques left for pick-up) (e.g. We receive invoice 12/02/2004, payment is due to The Talent on the 12/03/2004 and sent out in the next batch of Paradox Management outgoing on the 25/03/2004).

Account queries can be forwarded via email to accounts@paradoxm.com.au or by contacting Paradox on a Thursday Only (Accounts Day) to speak to an accounts consultant.

Paradox Management does not promote the Artist calling the Client directly, if this happens, we ask that the Client contacts Paradox immediately, so that the situation can be dealt with.

Price Quoting to the Talent

At no time will Paradox quote a talent a pricing or quote before a job has been completed, invoiced and amounts have been received to the agency. Paradox feels that by informing a party of rates is to be entering into a verbal agreement. This has proved to be a problem to Paradox in the past i.e. a price was quoted to a talent and during production the client dropped usage of media in areas, this reducing the talents payment. Following the completion of the job and the client being invoiced and amounts received, the talent was paid the fee. The talent was not happy with the fee, as they had been quoted a higher price and took further action.

Copyright

Ownership of all images of the Artist remain with Artist at all times and any unauthorized use or replication of their image will be an infringement of Australian Copyright Laws. At no time does ownership of any image of the Artist revert to either the Photographer of Client and said images can only be used where usage fees have been agreed and paid to the Artist via Paradox Management Pty Ltd. The photographer is not entitled to use any of the images he/she takes for any use beyond that agreed in the Paradox Management Pty Ltd booking confirmation accepted by the Client (Refer to 'Rates, Usage & Additional Artist Fees'). The photographer to this extent agrees to restrict use of his/her copyright, and if the Client is not a photographer, the client is to draw these terms and conditions to the attention of the photographer and to obtain their agreement prior to commencement of the shoot. Photographers may not use Test Photography for any commercial purpose unless specific arrangements have been made with Paradox in writing. Photographers may use the images in their portfolio, as long as the images to not harm an Artist's reputation in anyway.

Television

Commercials and stills are to be negotiated at the time of the booking. All usage and regions are to be negotiated at the time of booking also. No Artist may commence a television booking until the applicable MEAA contract (and/or Artist Deal) has been completed and signed by Paradox Management Pty Ltd as the Artist's representative. Paradox Management Pty Ltd can supply you with information or MEAA contracts if needed. Please specify to your consultant when booking. 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. Paradox is under no obligation to extend usage other than that agreed contract.

Exclusivity and Buy-out Fees

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. Clients can also negotiate a buy-out of the image to use in all media's. Speak to a consultant for a quote on a buy-out.

In the case that a client advises Paradox Management that they do no wish to book an Artist who has previously advertised a competitors product, this request will be respected indefinitely.

Provisional Bookings

Due to previous problems with Clients failing to confirm a provisional booking, Paradox reserves the right to withdraw the provisional booking, allowing any secondary or unambiguous bookings to take precedence. This is in the best interest of Paradox Artists & Clients.

Cancellation Fees & Postponements (Non Weather & Weather Holds)

If the job is cancelled, the Talent is to be paid a cancellation fee of 50% of the negotiated performance fee or $500.00, whichever is the lesser. No cancellation fee shall be paid where the engagement is cancelled at a date prior to five (5) days before the commencement of the job.

Standard MEAA fees apply to Non Weather Postponements (postponed for any reason apart from unsuitable weather), the Talent shall be paid a postponement fee of 50% of the negotiated fee or $500.00, whichever is the lesser. No postponement fee is applicable if Paradox is notified of the Postponement three (3) days in advance of the performance day. It must be specified at the time of the booking, if filming or shooting outdoors, the type of Weather required and weather hold days are to be put in place. If postponed as a result of unsuitable weather, the Talent is to be paid the following proportion of the negotiated fee: - First Postponement: No Payment; Second, Fourth, Sixth, ext 25% of the total fee or $250.00 whichever is the lesser; Third, Fifth, Seventh, etc, 50% of the total fee or $500.00, whichever is lesser.