Talent Terms & Conditions
Governing the agency agreement between Base Talent Management Pty Ltd trading as Base Talent and you, the Talent/Performer.
The following are the standard terms and conditions between Base Talent and you, the Performer for representation by Base Talent for all work obtained through Base Talent. These terms apply to all dealings between Base Talent and you and contain the entire agreement between us regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No alterations, cancellations, variation of or additions shall be of any force or effect unless reduced to writing and signed by a Director of Base Talent.
UPDATING THESE TERMS AND CONDITIONS
Base Talent may amend or alter these Terms and Conditions from time to time and you agree that you will be bound by such new Terms and Conditions as they are amended.
PERIOD OF REPRESENTATION
Based on an annual registration, Base Talent will actively promote and represent you as your entertainment industry agent for a period of 12 months (plus any additional period) from the date you join the agency or renew your registration. During this time Base Talent will use its best endeavours to represent you for work. This changes to a 30 day recurring period when registering on a monthly basis.
BASE TALENT IS YOUR AGENT
Base Talent is your agent and represents you for work but is not your employer. Agreements for work are usually between yourself and the specific productions that Base Talent manages on your behalf.
TAX & SUPERANNUATION
Base Talent is rarely responsible for deducting tax and paying super in relation to wages of the performer. The production that employs the performer usually deducts tax and pays super. Base Talent will only deduct tax if the production cannot such as when the production is produced by an overseas entity in Australia or is otherwise not able to deduct PAYG and the performer has worked in Australia.
The wages received by Base Talent on the performer’s behalf are usually the gross income owed to the performer minus the tax deducted by the production. It is important that you have your tax file number when you attend work as failure to complete a Tax File Number Declaration prior to payment being made will result in the Marginal Tax Rate being retained for tax purposes. A variable rate of tax applies for film and television production work however taxation for performers involved in TVC work is calculated at 20% of the gross amount earned if a Tax File Number Declaration is completed. Performers are not required to claim the tax free threshold to obtain the 20% rate however if a tax file number is not quoted the Marginal Tax Rate is deducted. Tax rules in effect from October 2002 provide that there is no longer provision for performers to quote an ABN to enable PAYG exclusion. Should you attend a production and no TFND forms are available to complete please download from the ATO website,complete and send to Base Talent at the earliest convenience.
CONTRACTS FOR WORK
Most performances require the execution of a performance contract between the production and the performer. You authorise Base Talent, when required, to execute such contracts on your behalf as your agent. Base Talent will only execute performance contracts on behalf of performers upon the performer having been advised of the major terms and the performer has confirmed their availability.
The cost associated with setting up your casting profile on our preferred booking and management platform is AUD 180 for a 12 month registration. Payments can be made monthly at AUD 15 per month and are paid in advanced (Subscriptions).
Billing agents. If you choose to make a payment to Base Talent Management, Base Talent Management bills you through an online account (your "Billing Account") for your Casting Profile on a third party platform. Base Talent Management does this through one of its billing agents (PayPal or Stripe (the "Billing Agents"). The services provided by the Billing Agents to Base Talent Management are administrative only and do not affect any agreement between you and Base Talent Management.
Payment method. The terms of your payment will be based on your chosen Payment Method and may be determined by your financial institution, credit card issuer or other provider. You authorise Base Talent Management to charge your chosen payment method, and securely store your payment method so that you can continue to be registered with Base Talent Management. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify your Payment Method Provider. Where Base Talent Management (or its Billing Agents) are obliged as a merchant to refund payment, we will do so to meet our merchant obligations. If Base Talent Management (or its Billing Agents) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand. Base Talent Management and its Billing Agents reserve the right to correct any errors or mistakes it makes even if it has already requested or received payment.
Recurring billing. Your Base Talent Management subscription will auto-renew and be automatically extended for successive periods of the same duration as the subscription term originally selected, at the originally selected subscription rate. You accept responsibility for all recurring charges prior to your cancellation. To change or cancel your subscription at any time, email firstname.lastname@example.org
Reaffirmation of authorisation. Your non-termination or continued use of the Service reaffirms that Base Talent Management is authorised to charge your Payment Method. This does not waive Base Talent Management’s right to seek payment directly from you.
Current information required. You must provide current, complete and accurate information for your Billing Account. You must promptly update any information that changes (such as a change in billing address, credit card number, or credit card expiry), and you must promptly notify Base Talent Management if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made by emailing email@example.com. If you fail to provide Base Talent Management with any of this information, you agree that Base Talent Management may continue charging you for any use of the service under your Billing Account unless you have cancelled your subscription for the service.
Billing discrepancies. Unless you notify Base Talent Management of any discrepancies within 60 days after they first appear on your payment statement, they will be deemed accepted by you and you release Base Talent Management from all liabilities and claims of loss resulting from any such error or discrepancy.
Cancellation. To cancel, you must give Base Talent Management prior notice that you wish to cancel this payment authorisation or wish to change your payment method. Such notice will not affect payments processed before Base Talent Management reasonably could act. To cancel your authorisation or change your Payment Method, email firstname.lastname@example.org. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires and no further subscription payments will be taken. No partial or prorated refunds will be given for unused portions of your subscription term.
These costs associated with obtaining and performing work are usually deductible against your taxable income however you should confirm this with your tax advisor. Should you decide to no longer have Base Talent act as your agent or if Base Talent cancels your registration in accordance with these terms it is not possible to refund any fees or commissions paid to or retained by Base Talent.
You agree that Base Talent may retain a commission of the gross wages earned by performer in relation to his or her employment on all amounts earned by the performer where such work was introduced or was as a result of being introduced directly or indirectly by Base Talent. Gross wages also includes any additional payments, renewals, additional territory fees, bonuses, winnings or prizes directly or indirectly associated with such work.
PAYMENT FOR WORK
Base Talent will only pay performers once payment has been received from the particular production. Base Talent requires productions to pay within 7 days of them receiving our invoice. However, productions usually take longer to make payment and talent must be prepared for such delays, especially with advertising agency work. We usually send productions an invoice within 7days after the performance so performers should expect to receive their payment in around 2-4 weeks for film or television work and about 4-6 weeks for TVC work from performing the work. Payments are remitted to performers each Friday and pays are done for each production on the Friday following 3 working days after payment is received by Base Talent. This means that if we receive payment from the production on a Monday pays will be transferred on Friday, if we receive payment on Wednesday pays will not be transferred until the Friday of the following week. Please ensure Base Talent has correct bank account details as payments are made directly to your nominated bank account.
CANCELLING OR SUSPENDING REGISTRATION WITH BASE TALENT
A performer may cancel registration with Base Talent by notifying Base Talent in writing via email of their decision to do so. Base Talent may cancel registration of a performer if we believe the performer has committed misconduct in relation to work. This may include a performer not attending work when booked without advising the production or failing to attend work when booked without reasonable excuse. We may suspend your registration if we cannot get in contact with you via the telephone numbers you have provided. It is your responsibility to notify us of changes. Such notification should be done via email to email@example.com. Base Talent may cancel representation if the Performer has remained suspended for longer than 4 months.
Base Talent operates as a talent agency and represents and promotes performers for work in various productions. Performers are usually submitted to casting agents or casting directors that productions appoint. The casting agents/directors usually submit a requirement/brief seeking performers for the production. This may include everyone required from principal roles through to background extras. It is then up to us to put forward talent that we think suit the descriptions the casting agents/directors have given. We do this either by emailing photos and details or by submitting online the talent we recommend. If the role is featured (other than being part of a crowd scene) there is usually a casting or audition and the casting agent/director will advise from those we have submitted who they would like to see. If it is just a background extras role there is not normally an audition and we are usually supplied a list of people the production would like to use. We then contact the relevant performers to book.
Talent Agent - A person or business that represents performers for work in film, television and the entertainment industry. In this case Base Talent.
Casting Agent/Casting Director - A person or business that works on behalf of a production to cast the required roles of the particular production. Casting agents/directors invariably use Talent Agents to provide talent to fill roles.
Call Time - The time you are required at the specified location and ready to take direction. You should arrive at least 20 minutes prior to your call time to ensure you are ready.
Recall/Call Back - A recall or callback is when you have been to a casting or audition and the production wishes to see you again. Recalls are usually paid as per MEAA guidelines.
Wardrobe - Prior to commencing the production you may be required for wardrobe fitting, this may happen at any time prior to the performing days. If you are required to attend for wardrobe you will be paid as per MEAA guidelines. Some wardrobe calls require you to supply your own clothes,if this is ever the case please take more than required and a selection of footwear.
Extra (also known as super numeraries or walk-ons) are persons who are part of a crowd, ensemble or atmospheric scenes, and who appear only incidentally or in backgrounds,do not speak dialogue except in the mass and who are, in accordance with industry practice, not featured.
Client Terms and Conditions
No job can proceed without BASE TALENT MANAGEMENT receiving an emailed brief from the client and/or a confirmation from the agency to the client.
TYPES OF ASSIGNMENTS
Film and TV: All bookings are for a minimum of a 4 hour call. MEAA (equity) rates apply for background extras. Negotiated contracts apply for featured, bit-part or lead actors.
Photographic: All photographic jobs will be paid at an agreed rate. Either hourly, half day or full day, plus appropriate usage fee. All photography is to be used only for the purpose for which it was originally shot. Any further extension of usage or territory must be negotiated with Base Talent Management.
Commercials: Rates are to be as per industry contract or negotiated at the time of casting/booking.
Pop promos/Corporate Videos/Promotion/ Voiceovers: Rates are to be negotiated at the time of casting/booking. MEAA equity rates will apply where applicable.
It is the clients responsibility to provide the agency with contracts for commercials, still or corporate videos’ at the time of the booking. The clients must notify the agency of any subsequent extended and or change in usage.
Wardrobe/Make-up Calls: Film and Television wardrobe and make-up calls are payable as per MEAA rates. Otherwise agreed on prior to the job between Base Talent and the client.
Travel payments: All travel payments will be agreed on between Base Talent and the client prior to the job. Not Applicable for locations within 30 km radius of Sydney CBD.
Meals: Clients are responsible for providing all meals on all bookings over 4 hours duration
Usage: The status of an assignment shall be agreed before the job proceeds. If this status is found to be different after completion then the Talent may be entitled to be upgraded. Photographic and Television commercial booking fees for featured-visual or lead talent will be inclusive of a negotiated usage fee. Usage can be local territory, rural or Australian only, unless authorised in writing for overseas or extended use. Additional fees are payable for the right to use photographs, footage either in part or whole for all known anticipated countries other than Australia.
Point of Purchase/Product Booking: No advertisement, poster, billboard display/card, swintag package, point of purchase or use of model name may be used unless negotiated and cleared with the agency prior to the commencement of the booking. It is the client’s responsibility to check product bookings with the agency for conflicts.
Employment: During the course of the job all Talent's employment status will be dependent upon the specific contract with the production company.
Nothing in this agreement shall render artistes to be employees of Base Talent in any way. Base Talent will act as an agency for the Talent.
*The Client is defined as the “end-user” by the Australian Taxation Office’s (ATO) “PAYG withholding for performing artists” guidelines. Web address for these ATO guidelines: PAYG withholding for performing artists. *The Agency is an “Intermediary” as defined in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. Web address for this ruling is: http://law.ato.gov.au/atolaw/view.htm?Docid=SGR/SGR20052/NAT/ATO/00001. See “Agency” definition from Point 69 onwards. *A contract is created between Client and Artist once a booking is confirmed with the Agency whether written, written and partly oral or wholly oral as stated in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2” (point 38). *In accordance with the ATO’s “PAYG withholding for performing artists” guidelines, the Agency is entitled to raise invoices and collect monies on behalf of Artist, as an intermediary, even though the contract exists between Client and Artist.
Health and Safety: On set booked Talent are the responsibility of the production company (the employer). The production company must have suitable employers liability and public liability in place to cover Artistes. Health and Safety is of paramount importance and is the responsibility of the production company (the employer). It is essential that working practices are maintained at all times. A failure to comply with Health and Safety regulations shall constitute a material irremediable breach of this agreement.
Cancellations: It is a requirement that 24 hours notice be given for all booking cancellations. Less than 24 hours notice - cancellation fees apply.
Provisional Booking: If the client does not exercise their option to release or confirm a provisional booking the agency reserves the right to cancel the booking, allowing other secondary or definite bookings to take precedence.
Payments: All payments must be made to Base Talent Management Pty Ltd to our client account. If talent is paid directly Base Talent reserve the right to still invoice the production company.
Please note: We, the agent, act solely for and on behalf of our talent and whilst making every endeavour to provide a satisfactory and efficient service we cannot be held ultimately responsible for talent’s conduct on assignment.
Base Talent Management is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). The APPs are designed to protect the confidentiality of information and the privacy of individuals by regulating the way personal information is collected, used, disclosed and managed. Personal information is, generally speaking, information or an opinion relating to an identified, or reasonably identifiable, individual.
This policy explains the types of personal information that we may collect and hold, how that information is used and with whom the information is shared. It also sets out how you can contact us if you have any queries or concerns about this information.
Why do we collect personal information?
We collect personal information about our Member Talent who are involved in media productions to best understand and meet their needs, to conduct our agency activities and meet legal obligations.
What personal information do we collect?
The types of personal information we may collect include contact information (such as your name, address, email address and telephone numbers), your skills and abilities with the aim of best matching you with any roles.
Sometimes our activities require us to collect sensitive information such as bank details, tax numbers and Superannuation details.
Base Talent Management also collects statistical information about visitors to our website. Generally, this information cannot be used to identify particular individuals but in some circumstances it may include a visitor’s email address, which could be linked to the individual.
Personal information may be collected via the website, emails or telephone conversations, online user-generated content and market research, face-to-face meetings and interviews. Where necessary, we provide information to casting directors with the aim of matching you to roles.
You may in some circumstances have the option of not identifying yourself or using a pseudonym when you deal with us. However, if you choose not to provide the information we need to pitch you, we may not be able to match you to roles.
How might Base Talent Management use and disclose your personal information?
Base Talent Management may use and disclose your personal information for the primary purpose of getting you roles in the media, or for reasonably expected secondary purposes which are related to the primary purpose, or for purposes to which you have consented, and in other circumstances authorised by the Privacy Act.
Generally, Base Talent Management may use and disclose your personal information for a range of purposes, including to:
provide you with opportunities that you have requested;
respond to your queries or feedback;
enable us and our Councillors and Members to comply with Base Talent Management’s functions and requirements;
enable our production development work in general.
provide you with any communications or publications in which we think you might be interested, or which you have requested;
let you know about developments in our procedures, products, services, activities and programs that might be useful to you;
facilitate your participation in training and student events.
Disclosure of personal information to other parties
Base Talent Management may disclose your personal information to third parties such as our members, our professional advisers, our external service providers that provide services to us by the casting directors, advertising agencies or production companies (your employers). We may disclose your relevant personal information for the purposes set out above.
We may also disclose your personal information if it is required or authorised by law, where disclosure is necessary to prevent a threat to life, health or safety, or where we are otherwise permitted by the Privacy Act.
We do not sell or license your personal information to third parties.
Sensitive information is subject to greater restrictions
Some of the information we collect may be ‘sensitive information’, such as racial or ethnic origin, membership of a professional or trade association or membership of a trade union that is also personal information, skills or abilities, among other things.
Base Talent Management may only use and disclose your sensitive information for the primary purpose of gaining you media opportunities and in other circumstances authorised by the Privacy Act (eg where required or authorised by law to be disclosed, or where disclosure is necessary to prevent a threat to life, health or safety).
Security and management of personal information
Base Talent Management will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. The ways we do this include:
limiting physical access to our premises;
limiting access to the information we collect about you (for instance, only those of our personnel who need your information to carry out our business activities are allowed access;
requiring any third party providers to have acceptable security measures to keep personal information secure; and
putting in place physical, electronic, and procedural safeguards in line with industry standards.
If we no longer require your personal information and are not legally required to retain it, Base Talent Management will take reasonable steps to destroy or permanently de-identify the personal information.
Links from our website to other websites
Our website may contain links to third party websites. We do not operate these websites and therefore are not responsible for the collection or handling of personal information by the operators of these websites.
Accessing the information we hold about you
Under the APPs, you may be able to obtain a copy of the personal information that we hold about you. The APPs provide some exceptions to your rights in this regard. To make a request to access this information, please contact us in writing. We will require you to verify your identity and specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested.
Updating your personal information
We endeavour to ensure that the personal information we hold about you is accurate, complete and up-to-date. Please contact Base Talent Management at our contact address if you believe that the information we hold about you requires correction or is out-of-date.
Base Talent Management will not send your personal information to a recipient outside Australia without obtaining your consent or otherwise complying with the APPs.
The countries in which recipients are likely to be located include United Kingdom and the United States.
Updates to this Policy
If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may bring a complaint internally through our complaints process. We will deal with complaints as follows:
Step 1: let us know
If you would like to make a complaint, you should let us know by contacting our office in writing.
Step 2: investigation of complaint
Your complaint will be investigated by our Privacy Officer.
A response to your complaint will be provided in writing within a reasonable period.
We will endeavour to respond to all complaints and correspondence promptly
Refunds & Cancellations
You have the right to cancel your subscription payments with Base Talent Management and claim a refund of your first subscription payment within the first 30 days of your subscription. Please allow 5-7 days for your refund to be processed back to your original payment method.
Refunds will not be given outside the first 30 day period or for subsequent payments; however you can cancel your subscription payments at any time to prevent future renewal charges. To cancel your subscription, please email firstname.lastname@example.org
If Base Talent Management cancels your registration due to a breach of your agreement with Base Talent Management, no refund will be given.
Any refunds given at our discretion outside of this policy will be subject to an administration fee charged by our billing agent.
No partial refunds will be given for unused portions of your subscription payment term.