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Contract Agreement.
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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
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"Principle, I, Me, Author"
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Refers to myself, the model, legal representatives acting on my behalf and respective heirs
"Agency/s, Agent/s, User/s, Client/s,Party/s"
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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.
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Assignment Acceptance
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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.
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Tests/TFP
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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.
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How is authority granted to an agent?
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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
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What does my agent have to do for me?
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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.
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Duty to fulfil
agency
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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.
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Duty to act in person
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Unless otherwise agreed, or in an emergency situation an agent must perform the agency in person, and not delegate their work to someone else.
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Duty of care
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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.
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Duty to promote the principal’s interests
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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
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Duty not to profit secretly from the agency
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An agent isn't allowed to, but not limited to, make their own, undisclosed commission for sealing a deal.
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Confidentiality
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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.
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Proper management of the money
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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.
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The agency agreement
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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.
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