To return to Homepage 'Click Here'  
Crista © Copyright 2001-2003
**TOP RANKING MODEL**
...Welcome to the Official Site of...
~ Crista Rinaldi ~
Professional Bombshell
Acting and Modeling Portfolio

The Legalities
Terms & Conditions.


*NAVIGATION*
Page Index
'Site index'
"Site Copyright"
"Terms & Conditions"
"Definition of terms"
"Assignment Acceptance"
"Tests/TFP"
"How is authority
granted to an agent?"

"What does my agent
have to do for me?"

"Duty to fulfil Agency"
"Duty to act in person"
"Duty of care"
"Duty to promote
principal’s interests"

"Duty not to
profit secretly
from the agency"

"Proper management
of money"

"Confidentiality"
"Agency agreement"
PAGE 2 INDEX
"Go to Page 2"
"Term"
"Territory"
"Commission"
"Pricing"
"Accounting requirements"
"Insurance"
"Sublicensing"
"Termination"
"Legal advice"
"Agreement Authority"
PAGE 3 INDEX
"Go to Page 3"
"Nudity Clause"
"Image Authority"
"Digital Authority"
(including Internet)

"Right to
Communicate Limitations"

"Royalties"
"Website design"
"Contract Consent"
Related Links
www.artslaw.com.au/
Site Index
Page Index
Crista's Online Store
Home Page
Main Page
Crista's Bio
About Crista
Astrological profile
Fantasy Art
Picture Gallery
Portrait Gallery
Video Portfolio
Ranking Center
Web Presence
Web Polls
Site Contest
Events Calendar
What'sOn Calendar
Bulletin Updates
Legalities
Sponsorship
Hall of Fame

Crista's Links
Agent Directory
Visitors Guestbook
Prospects Guestbook
Message Board
Celebrity addresses
Banner Central
Information Center
Customer Service
Contact Crista
get this gear!
Site Copyright.

Crista©2001 Copyright All rights reserved

All the materials published on Crista's Online Portfolio are copyrighted exclusively by Crista and/or the respective artists/photographers whose copyright appears. Please respect the ownership, and avoid any further complication by not violating the copyright law.

"All (but not limited to)legal issues, disputes and contracts of sale are governed by the laws of Western Australia".

The content of this site must not be copied, distributed, modified or reproduced in any way without prior consent from the owner, photographer, or the webmaster.

"Copyright in the artworks shown on this website belong to the artists. They may be viewed and downloaded only for the purpose of buyer browsing. No reproduction of any image shown on this site may be made for any reason whatsoever without the artist’s written permission.


Join Mystique Magazine for FREE, 
Vote for Crista in the Safari Model 
Search Contest to WIN GREAT PRIZES! 
Must be OVER 18 Years Old to Enter.
'Click Here Now!' 
www.mystique-magazine.com
Cool visitors to Page
*Featured Sponsors*
Free DreamGirl Screensaver
Contract Agreement.

To aid in the contract negotiation process, the following information sets out the terms and requirements for entering into a contract agreement. Copy and paste the information relevant to you, make desired changes to form a draft contract, and email the revised contract, for further negotiation, or if satisfactory a final draft will be drawn up for your perusal.
In the absents of a written contract or agreement, where any or all of my services have or will be utilised, then this agreement shall come into force, be considered to be the final contract, and the parties will be legally bound by the agreement. These rights shall be retained by myself, and this the contract agreement, and all terms contained herein are automatically considered as agreeable by the parties until such time a written contract, subject to the terms stated herein, has been negotiated, agreed upon, signed and received by both parties, according to the specifications set out herein, regarding written contracts.
This Agreement may be amended at any time by posting the amended terms on this site. All amended terms shall be effective 14 days after they are initially posted on the site.

Definition of terms

"Principle, I, Me, Author"
* Refers to myself, the model, legal representatives acting on my behalf and respective heirs
"Agency/s, Agent/s, User/s, Client/s,Party/s"
* Refers to any individual, agency, body, webmaster, webdesigner, photographer, corporation, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns entering into, but not limited to, a contract with me, or undertaking services provided by me in any shape, form or manner.

Assignment Acceptance

For the Principle to accept an assignment, make a firm commitment, exclusively booking the date, and starting pre-production, confirmation is required in writing, and/or a non-refundable deposit, not less than 5-10% of expected gross earnings, or as otherwise agreed in writing, must be paid to Principle. Contract must state where applicable, if fee has been waived.
If this has not been untaken, the model is free to take on other bookings, without notice or permission, and any commitment to the party will, as such, be null and void.
The Agent must sign and return one copy of all agreements for my records. By entering into any negotiations with the principle, the Agent confirms they are authorized to legally make this commitment.

Tests/TFP

Paid assignments preferred but will do TFP for interesting and high-quality additions to my portfolio.
Contact me with your assignment information, and whenever possible include references. Three separate references that can be confirmed, and sample photos would be appreciated from photographers.
In regards to test shoots, a deposit may be required in some instances, depending on circumstances, which will be refunded in full on receipt of prints
The contract must stipulate the full terms of what is required of the principal and what the agent will provide. This must be clearly set out in the contract.
Prints must be provided within 4 weeks of the shoot having taken place, unless otherwise agreed.
The contract must state both the parties obligations and expectations for the assignment. Such as:
Job requirements? Copyright details? What if a party
defaults? Who is responsible for what? What fees to you? What payments to me? Travel arrangements? Accomadation? Photographer details? Royalties? How many film rolls? etc.

How is authority granted to an agent?

When I have made the decision to engage an agent a written contract detailing exactly what the agent will do, both parties obligations, as well as but not limited to the terms and conditions outlined here, will be required.
The agent only has the power to negotiate and enter into agreements on my behalf to the extent to which they are authorised. To act outside this authority written consent must first be obtained from me. The authority of an agent is limited to getting bookings, and to organise marketing or promotion approved by me.
I, the principal retain the final right of approval at all times. I am to be informed of any deals being arranged by the agent before a binding commitment is made. The agent’s authority will be specifically created and limited by the terms of this agreement.
Where an agent purports to be acting within the scope of their actual authority granted by me, but is in fact acting outside of it (or is no longer my agent at all), the agent shall take full responsibility for, but not limited to, any loss, that may arise from said action.
Any third party that enters into an agreement with the agent, reasonably thinking that the agent has my authority to make the agreement, can only rely and enforce that agreement with the Agency, and I shall be released from any and all, but not limited to liability, loss or actions arising from said agreement

What does my agent have to do for me?

The main obligation my agent has is to act in my best interests at all times. The relationship between principal and agent is one of trust.
There are a number of other fiduciary duties to which agents are committed, such as the duty to act honestly. These duties are separate to the contract but form part of the agency relationship.

Duty to fulfil agency

An agent has to carry out my instructions. If an agent goes beyond or contrary to what is instructed, and then causes loss to me, they are liable to fully cover that loss.

Duty to act in person

Unless otherwise agreed, or in an emergency situation an agent must perform the agency in person, and not delegate their work to someone else.

Duty of care

Under both contract law and the law of negligence, an agent is required to exercise due care and skill in the performance of their obligations.

Duty to promote the principal’s interests

The agent is not permitted to further their own interests, or those of any other person, in conflict with my interests. An agent therefore has to avoid any conflicts of interest, and fully disclose any conflicts to me, the principal, within a reasonable timeframe

Duty not to profit secretly from the agency

An agent isn't allowed to, but not limited to, make their own, undisclosed commission for sealing a deal.

Confidentiality

The agent must keep information provided by me in confidence completely confidential. Even after the end of the agency relationship, an agent is not permitted to use any confidential information acquired in the course of the agency in competition with me, or to my detriment.

Proper management of the money

The agent is required to keep any money handled on my behalf completely separate from any other monies.
An agent must also be able to accurately account for monies or property held on my behalf and must provide said details on Request.

The agency agreement

The agency agreement must fully detail the rights and obligations of each party. The agreement must be provided in writing, with signed copies given to both parties.
The contract is to be considered a Draft Agreement only, which is to be customized and completed, and is not a Final Contract until such time the said contract has been signed, dated, and copies have been distributed to both parties.
This also includes but is not limited to third parties, and all sublicencees are subject to my consent or approval.

**Back to Top** **Page2** **Page3**
Please help support this site and visit the sponsors


Crista©2001 Copyright