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TYPE TALENT AGENCY REPRESENTATION TERMS OF TRADE

1. Type Talent represents artists in the acting and performing arts industry in Australia.

 

2. Type Talent agrees to provide representation to the Artist on these terms of trade.

 

3. The Artist agrees to these trading terms by submitting their expression of interest form online at Type Talent’s website and ticking the checkbox confirming they agree to these terms of trade.

Representation

4. The Artist will be represented exclusively by Type Talent for all aspects of the acting and performing arts industry for the territory of Australia.

 

5. For the purpose of this clause, “acting and performing arts industry” includes, but is not limited to the following:

5.1 performing in musical and/or dramatic roles or in any form of communication to the public including the Internet, radio, television or in motion pictures;

5.2 singing or appearing in performances at cafes, hotels, restaurants and private functions, or at literary and theatrical engagements. 

5.3  making radio and television commercials; and

5.4  narrative and commercial content on digital marketing platforms.

Term

 

6. The term of the Artist’s representation by Type Talent under these terms of trade will be for an initial period of 1 year (Initial Term). with options to renew for a further year at the expiry of each renewal term (Renewed Term). 

Type Talent’s Services

 

7. Type Talent agrees to:

7.1 use best efforts to promote and advance the Artist’s profile and professional career in the acting and performing arts industry;

7.2 maintain all confidential information about the Artist except as required for the development of the Artist’s career; and

7.3 keep the Artist informed of all significant negotiations being conducted on behalf of the Artist.

Type Talent’s Powers

 

8. Type Talent may exercise the following powers without obtaining the Artist’s written consent:

8.1  to negotiate performance fees for the Artist;

8.2  to enter contracts on behalf of the Artist and facilitate rollovers where applicable;

8.3 to collect and receive all payments due to the Artist and to deposit the payments to the Artist’s nominated bank account after deducting Type Talent’s Commission.

Commission

 

9. For the provision of Type Talent’s representation services to the Artist, Type Talent will be paid a commission of 15% of the Artist’s Gross Earnings (“Commission”).

 

10. Commission will only be paid to Type Talent from Gross Earnings actually received by or held by Type Talent on behalf of the Artist.

 

11. For the purposes of these terms of trade, Gross Earnings includes any and all payment of money or any other form of value which has been paid to or applied for the Artist’s benefit directly or indirectly and derived from the Artist’s activating in the acting industry, prior to the deduction of any commissions or expenses, except:

11.1  Acting work independently generated and notified to Type Talent in accordance with clauses 19 to 20;

11.2  any payments derived by the Artist from contractual arrangements entered into by the Artist prior to the commencement of the Artist’s representation by Type Talent.

No employer agreement

 

12. Type Talent is not the Artist’s employer, and only acts in the capacity of an agent under these terms of trade.

 

13. These terms of trade do not constitute a contract for employment, joint venture, or partnership.

No guarantee to booking work

 

14. Type Talent does not and cannot guarantee work to the Artist under these terms of trade and is not obligated to book any work for the

Artist.

 

15. The Artist agrees and acknowledges that the Artist’s success and bookings will be in the discretion of the clients of Type Talent and may be subject to uncertainties in a competitive and unpredictable industry.

 

16. The Artist acknowledges and agrees that:

16.1  Type Talent’s services are provided as an independent contractor;

16.2  Type Talent’s services are not exclusive to the Artist; and

16.3  Type Talent is permitted to perform the same or similar services for other artists and in competition with the Artist.

Conflict of Interests

 

17. The Artist will notify Type Talent of any conflicts of interest, immediately on becoming aware of the conflict of interest and provide all reasonable details as may be requested from time to time by Type Talent about the conflict of interest.

 

18. For the purposes of the clause, a conflict of interest is considered to arise when there is any fact, matters or circumstances that prevent an Artist from being reasonably considered as suitable for the acting work or a role that Type Talent is considering the Artist for, in negotiations with a third party for or has booked the Artist for. By way of example only, a conflict requiring notification would occur if the Artist appeared in University ABC’s advertising campaign and then was being considered for University XYZ advertising campaign, being a rival of University ABC.

Independently Generated Work

 

19. The Artist may independently seek and obtain work independently of Type Talent, but for all such work must notify Type Talent of such work, whether paid or unpaid, within 3 business days of entering any agreement with another person, and provide details of scheduling, income or any other direct or indirect benefit received, type of work, persons involved, or any other information that may be requested by Type Talent.

 

20. If work, in the sole discretion of Type Talent, is deemed not to have been generated independently by the Artist, but by the use of Type Talent’s contacts, leads and clients, Type Talent is entitled to be paid Type Talent’s usual Commission on that work within 7 days.

Expenses

 

21. Type Talent will obtain the prior consent of the Artist before incurring expenses on behalf of the Artist.

 

22. The Artist will promptly reimburse Type Talent for all expenses necessarily made or incurred by Type Talent in connection with the Artist’s activities.

 

23. Type Talent may require the Artist to pay anticipated expenses before they are incurred by Type Talent.

 

24. Type Talent will be solely responsible for paying any and all of Type Talent’s expenses.

Payments to Artist

 

25. All money earned by the Artist will be remitted directly to Type Talent so that Type Talent may retain the Commission and will then forward the balance to the Artist’s nominated bank account within 7 days of the end of each month or from receipt of the funds by Type Talent.

Records and Written Accounts

 

26. Type Talent will keep and maintain full and accurate records of money earned by the Artist under these terms of trade and at the time of payment to the Artist, will render a written statement of account to the Artist setting out:

26.1  all Gross Earnings received by Type Talent of behalf of the Artist;

26.2  deductions from Gross Earnings for Type Talent’s commission or reimbursement of expenses;

26.3  the amount of any expenses paid by Type Talent to the Artist or on the Artist’s behalf; and

26.4  net amount due to the Artist and paid to the Artist’s nominated bank account.

 

GST

 

27. The parties agree that any and all amounts and other consideration referred to in these terms of trade are exclusive of any GST.

 

28. The GST imposed on a supply is calculated by multiplying the amount or value of the consideration for the supply by the GST tax rate set under the GST Act, which is prevailing as at the date the supply is made. In relation to the Commission, the parties acknowledge that the GST-inclusive amount will be 16.5% of the Artist’s Gross Earnings as specified above in these terms of trade.

 

29. In respect of the Commission, Type Talent will provide a GST Invoice to the Artist as and when Commissions are due and payable. Type Talent is entitled to collect, and the Artist is required to pay, the GST-inclusive amount to Type Talent.

 

30. In these terms of trade:

30.1  GST means any goods and services tax under the GST Act or a tax of a like or analogous nature that is imposed, assessed or levied in relation to any supply made of goods, services or any other thing;

30.2  GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any associated legislation and regulations; and

30.3  GST Invoice means a valid GST tax invoice in a form that complies with the requirements of the GST Act, for each taxable supply under these terms of trade.

Inspection of Accounts

31. Type Talent agrees that, on reasonable notice from the Artist, the Artist is entitled to inspect the financial records and books of account kept by Type Talent which concern the Artist.

Tax, superannuation, insurance

32. The Artist is responsible for its own insurance, tax obligations and superannuation obligations.

Termination

33. Type Talent may terminate its representation of the Artist for any reason on 7 days’ written notice to the Artist.

34. The Artist may terminate its representation by Type Talent for any reasons on 3 months’ written notice to Type Talent during the Initial Term, and on 14 days’ written notice to Type Talent during the Renewed Term.

 

Artist Warranties and Acknowledgements, Undertakings

 

35. During Type Talent’s representation of the Artist, the Artist must not engage any other person to act as its agent, representative or manager for any purpose connected with the acting and performing arts industry, without Type Talent’s prior consent.

36.The Artist must carry out, to the best of the Artist’s ability, in a professional manner, all agreements, engagements, rehearsals, bookings and performances negotiated or arranged by Type Talent in accordance with Type Talent’s authority under these terms of trade.

37. The Artist agrees to keep Type Talent fully informed of the Artist’s contact information, appearance and availability to perform the Artist’s professional services.

38. The Artist agrees to Type Talent’s use and distribution of the Artist’s image, personal information, and being contacted by Type Talent or its clients, or being provided information by Type Talent for the purposes of Type Talent performing its services under these terms of trade. 

I acknowledge that by ticking this checkbox I agree to the above Terms of Trade and am entering into a contract for artist representation between TYPE Talent and myself that is governed by these contract terms [ ]

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