TAMBLYN MANAGEMENT

BOOKING TERMS & CONDITIONS

Axmist Pty Ltd (ABN 84 620 122 308 ) as trustee for the Lew Tamblyn Family Trust t/a Tamblyn Management

1. MODEL / CLIENT RELATIONSHIP & TAXATION

a) Agency Representation: Axmist Pty Ltd (ABN 84 620 122 308 ) as trustee for the Lew Tamblyn Family Trust t/a Tamblyn Management ("Tamblyn") is engaged by Models/Talent to be their representative within the industry. At no time is there an employer/employee relationship between Tamblyn and Models/Talent, nor between Tamblyn and the Client. This relationship does not create an Employment Agency Contract under sections 13G(1) or 13H of the Payroll Tax Act 1971 (QLD).
b) PAYG Taxation & ATO Guidelines: In accordance with the Australian Taxation Office (ATO) PAYG Withholding for Performing Artists guidelines, the "end-user" (Client) of Models/Talent is deemed to carry all obligations regarding PAYG tax deductions from Model fees. Tamblyn is not responsible for and will not handle PAYG withholding deductions.

c) Superannuation Guarantee: The Client as the "end-user" is solely responsible for superannuation contributions applicable in accordance with current Superannuation Guarantee legislation (refer to ATO Superannuation Guarantee Ruling SGR 2005/2). All gross Model fees are quoted exclusive of statutory superannuation, which must be factored into the Client’s budget as an additional cost on top of the quoted Model fee.
d) Booking Contract Creation & Intermediary Status: A contract for Model services exists directly between the Client and the Model once a booking is confirmed with Tamblyn (whether written, written and partly oral, or wholly oral, in accordance with ATO SGR 2005/2). In accordance with ATO guidelines, Tamblyn is entitled to raise invoices and collect monies on behalf of the Model as an intermediary collector of Model fees. Tamblyn’s role as collection agent does not create a primary service liability or employer relationship between Tamblyn and the Client.

2. RATES, WORKING HOURS, OVERTIME & TRAVEL

a) Working Hours & Rates: Standard working hours are computed on an eight (8) consecutive hour day between 9:00 AM and 5:30 PM (inclusive of a lunch break). Before 9:00 AM, after 5:30 PM, or after 8 consecutive hours, a penalty rate of time-and-a-half (1.5× normal rate) applies unless negotiated otherwise.
b) Minimum Bookings & Specialty Garments: Standard hourly bookings carry a minimum two (2) hour charge. Lingerie, bras, panties, slips, swimwear, pantyhose, and all transparent loungewear or sleepwear are charged at additional negotiated rates with a minimum of three (3) hours on set. Clients must specify garment details at the time of booking so clearance can be obtained with the Model before confirmation.

c) Finish Times & Overtime Calculation: If a shoot finishes up to fifteen (15) minutes past the booked finish time, no extra charge applies. At sixteen (16) minutes and over, an additional full hour will be charged at the applicable rate, and for any subsequent hours commenced. Tamblyn does not bill in quarter or half-hour increments.

d) Weekend & Holiday Rates: Saturdays, Sundays, and Public Holidays require separate negotiation prior to booking confirmation.

e) Fittings, Rehearsals & Maintenance Requests: Fittings, rehearsals, wardrobe calls, and recalls are charged at a negotiated rate. Client-requested maintenance (such as manicures, spray tanning, or specialized hair prep) is charged at a negotiated rate for preparation time, plus the actual service costs arranged and paid for by the Client.

f) Travel Time & Expenses: Travel time is charged at half the Model’s normal hourly rate for work performed outside a 25km radius of the Brisbane CBD. The Client is responsible for all travel, transfer, accommodation, and meal expenses for location shoots. If travel is delayed or cancelled due to flight breakdowns or circumstances out of the Model's control, the Client is responsible for any additional travel or accommodation expenses incurred.

3. USAGE, COPYRIGHT, RUNWAY, TVC, EXCLUSIVITY & AI

a) Copyright Retention: Ownership of all images, video, and sound recordings of the Model remains the property of the Model at all times. Copyright does not pass to the Client or Photographer. Photographers are strictly prohibited from using shoot imagery for commercial, personal, or portfolio use without prior written consent from Tamblyn. Models will not sign separate model release forms on set.

b) Permitted Usage & Duration: Quoted rates cover the right to use the agreed imagery strictly for the specific purpose, territory, and duration negotiated prior to booking and written into the booking confirmation. Unless explicitly negotiated otherwise (whether for a shorter duration or an extended term), the standard default usage license is twelve (12) months from the shoot date within Australia only. Usage rights are non-transferable and are not granted until all invoices are paid in full. Any unauthorized usage beyond the agreed scope will be subject to penalty charges and legal proceedings.

c) Social Media Usage: Social media usage is limited strictly to organic posts on the Client’s primary official social media channels. Usage does not include paid social media advertising, meta ads, boosted posts, or third-party channel distribution unless explicitly negotiated and itemized in the booking confirmation.

d) Runway & Fashion Show Imagery Usage: Runway booking fees cover the right to model garments in a live catwalk event and permit image/video usage strictly for news reporting and editorial coverage of the showcased collection for up to fourteen (14) days post-event. Any subsequent or commercial use of runway imagery or video—including using catwalk photos/videos to advertise or sell individual garments, linking images directly to an e-commerce store, or third-party sponsor advertising—is classified as commercial advertising and strictly requires prior written authorization and payment of additional Model usage fees.

e) Television Commercials (TVC): TVCs and television stills are quoted for twelve (12) months on-air for release in Australia only unless negotiated otherwise. No Model may commence a television commercial booking until the applicable MEAA contract has been completed and signed by the Model.

f) Product Exclusivity & Restrictions: Models' services are supplied on a non-exclusive basis unless product exclusivity is negotiated prior to booking. It is the Client’s strict responsibility to check all bookings with Tamblyn prior to confirmation to verify whether conflicting work has been previously done by the Model. If a Model advertises a product, they remain available for future competitor brands unless an exclusion fee is negotiated and received.

g) No Artificial Intelligence (AI) Usage: Audio-visual material featuring the Model may not be used to train AI models, create machine-learning algorithms, generate synthetic "digital doubles", CGI recreations, or deepfakes. Minor photographic retouching is permitted, but digital manipulation altering the Model's core likeness requires prior written consent.

4. HOLDS, CANCELLATIONS & FORCE MAJEURE

a) Holds & Options: Provisional holds must be confirmed or released forty-eight (48) hours (two business days) prior to call time. If unconfirmed within this window, secondary bookings may take precedence.
b) Unsigned Bookings, Facilitation & Fee Obligations: A legally binding agreement is created once a booking is confirmed verbally, via email, SMS, or digital communication (in accordance with ATO SGR 2005/2). If a Client confirms a booking but delays signing formal documentation and subsequently cancels, all applicable Model cancellation fees and Tamblyn’s 20% Agency Service Fee (ASF) plus GST on the ASF remain strictly due and fully payable by the Client. Because the Model Services Agreement exists between the Client and the Model, Model cancellation fees are owed directly by the Client to the Model; Tamblyn has no liability or obligation to pay or advance cancellation fees to the Model unless and until cleared funds are actually received from the Client.

c) Cancellation Fees:

  • Notice Period: If a confirmed booking is cancelled with less than forty-eight (48) hours (two full business days) notice prior to call time, a cancellation fee of 100% of the total invoice amount is payable.

  • Multi-Day Bookings: Notice equivalent to the length of the booking must be given (e.g., a 3-day job requires 3 business days' notice), otherwise 100% of the total invoice amount applies.

  • Cancellation on Arrival: If a Model arrives on location and the booking is cancelled, 100% of the total invoice amount is payable.

d) Weather Permitting Bookings: First cancellation on weather check = No fee; Second cancellation = 50% fee; Third cancellation = 100% fee. Full fee applies if the same Model is not rebooked.

e) Agency Service Fee Earned Upon Booking: Tamblyn’s agency service is fully performed upon the confirmation of a booking. Consequently, if a booking is cancelled at any time prior to or on the shoot date, the 20% Agency Service Fee (ASF) and applicable GST on the ASF remain fully due and payable by the Client to Tamblyn, regardless of any fee waiver agreed between Client and Model.

f) Force Majeure & Rescheduling: If a Model is prevented from performing services due to illness, injury, bereavement, or an event beyond reasonable control, the shoot will be rescheduled to the next mutually convenient date. Neither the Model nor Tamblyn will be liable for any expenses or losses incurred by the Client in connection with such rescheduled services.

5. AGENCY SERVICE FEE (ASF), PAYMENT TERMS & COMPLAINTS

a) Agency Service Fee Rate: A mandatory non-negotiable Agency Service Fee (ASF) of 20% applies to all bookings, usage, overtime, loadings, and cancellation fees.

b) GST Application: GST (10%) applies to the Agency Service Fee. GST is not charged on the Model’s fee unless the individual Model is registered for GST with an active ABN (which will be itemized on the invoice).

c) Payment Terms: Standard payment terms are strictly Nett seven (7) days from the invoice date for approved credit clients. Pre-payment is required for new clients.

d) Late Payments & Debt Recovery: Accounts unpaid after 30 days incur a monthly finance charge of 3%. If an account is referred to a debt collection agency or solicitor, the Client agrees to pay a 20% recovery surcharge on the outstanding balance, plus all legal collection costs.

e) Third-Party Bookings & Ultimate Client Liability: Where a booking is made by a third party (such as an advertising agency, production company, or event organizer) to be billed to a client, the person or entity making the booking warrants they have authority to bind the ultimate client and remains jointly and severally liable for full payment of all invoices. If an invoice issued to a nominated third party remains unpaid, the ultimate client warrants full liability for payment of all Model fees, Agency Service Fees, GST, and debt recovery charges.

f) Complaints & Billing Discrepancies: Any cause for complaint must be reported to Tamblyn during the course of the booking or immediately thereafter; complaints cannot be considered in retrospect. Any billing claim or discrepancy must be notified to Tamblyn within seven (7) days of the invoice date.

6. CLIENT RESPONSIBILITIES, TALENT CARE, RESTRICTIONS & CHILD EMPLOYMENT (QLD)

a) Workplace Care & Safety: The Client must provide a safe, respectful, and professional working environment in compliance with workplace health and safety standards. Clients must ensure comfortable temperatures, regular rest breaks, and private, clean dressing facilities on all bookings.

b) Meals & Catering: For all full-day bookings (8 hours) and location shoots outside the metropolitan area, the Client is responsible for providing nutritious meals and beverages, taking into account any advised dietary requirements.

c) Physical Image Restrictions: The Model’s hair must not be cut, colored, or permanently altered without express prior written permission from Tamblyn on behalf of the Model. The Client must not permit the Model's image to be used in a derogatory, scandalous, or pornographic context.

d) Underage Talent & Child Employment Laws (Queensland): When engaging Models under 18 years of age (and specifically school-aged children under 16), the Client must strictly comply with the Child Employment Act 2006 (QLD) and Child Employment Regulation 2016 (QLD):

  • Parental Consent: The Client must ensure an approved QLD Parent Consent Form is completed prior to the engagement.

  • Hours & Schooling: Children must not work during compulsory school hours. On school days, a maximum of 4 hours work is permitted; on non-school days, a maximum of 8 hours applies. Mandatory rest breaks (1 hour break every 4 hours) and a 12-hour break between shifts must be provided.

  • Supervision: Children under 16 must be appropriately supervised by a parent or authorized adult at all times.

  • Prohibition on Nudity & Sexualization: No nude, semi-nude, transparent, or sheer garments are permitted. Underage Models must not be present when others are nude, posed in sexualized contexts, or offered alcohol/substances.

  • Official Guidelines: Full QLD child employment compliance requirements can be reviewed via the Queensland Government Office of Industrial Relations.

e) Right to Withdraw: If set conditions are unsafe, unhygienic, or breach child protection standards, Tamblyn reserves the right to withdraw the Model immediately without penalty, and full fees will remain payable.