Terms & Conditions


1.        Definitions and interpretation

Agreement means the terms and conditions contained in this Agreement, as amended by us from time to time and published on our Website;

Client means any third party who wishes to obtain the services of your Pet, whether introduced by us or not, and includes any client of ours;

Engagement means an assignment where you agree for your Pet to work for a Client in return for an agreed fee;

Registration Fee means the one off registration fee as set out on our Website from time to time;

Pet means any animal(s) of yours which is registered with us;

Term means the duration of this Agreement;

Weour or us means Comserv (3336) Pty Ltd ACN 078 098 718 trading as Animal Talent Time Agency Sydney.

Website means www.animaltalenttime.com.au

2.        Registration

2.1       You may apply for your Pet to be registered with us through the Website.

2.2       Registration of your Pet is subject to acceptance by us and will not be confirmed until the Registration Fee has been paid by you in full and you have accepted this Agreement.

2.3       As part of your Pet’s registration, we will enter your Pet’s details on our database. Your Pet’s photograph may or may not be selected for publication on our Website however, you consent to your Pet’s details being used on our Website, if we consider it appropriate.

2.4       We will use our best endeavours to promote your Pet, however, registration does not guarantee that your Pet will receive an Engagement or that your Pet will be advertised via our website.

3.        Management

3.1       You hereby appoint and engage us to act as your Pet’s personal manager in the fields of modelling, advertising and entertainment for the term of this Agreement.

3.2       During the Term, we may advise and counsel you in the selection or consideration of opportunities for your Pet.

3.3       You agree to seek our assistance in regard to matters concerning your Pet’s endeavours in modelling, advertising and entertainment. You will advise us of all offers of work regarding your Pet and will refer inquiries concerning your Pet to us (unless otherwise agreed in writing).

3.4       You hereby grant us the right to use and distribute and allow or license others to make use of and distribute your Pet’s name, portrait and pictures in connection with the advertising and/or publicity of your Pet.

3.5       We may publicise that we are the personal manager for your Pet and we may render similar services for others and engage in other related business or ventures.

3.6       You agree to provide us with current photographs or other related material for our promotional use of your Pet.

4.        Auditions

4.1       If your Pet is selected by a Client for an audition, you acknowledge that no payment will be made to you unless your Pet is then selected for and completes an Engagement in accordance with this Agreement.

5.        Fees

5.1       Fees are only payable to you upon successful completion of an Engagement.

5.2       Fees for each Engagement will be negotiated prior to the commencement of an Engagement (Agreed Fee) and will vary for each Engagement.

5.3       We agree to pay to you the Agreed Fee within 7 days of receipt of payment by us for the relevant Engagement from the Client in cleared funds.

5.4       You acknowledge that where work from an Engagement entered into during the Term is reused after the Term, or you continue to be entitled to royalties or payments resulting from that Engagement then you agree to pay to us the greater of: the sum agreed for any royalties or reuse; or a sum equal to twenty per cent (20%) of any monies received in the future which did not form part of the initial Engagement. This fee is still payable to us, notwithstanding the completion of the Term.

6.          Power of attorney

6.1       You hereby grant to us a limited power of attorney to collect all fees and monies earned in relation to your Pet from all sources governed by this agreement and to remit to you the net amount after deducting the Agreed Fee(s) or any further fees referred to in clause 5.4.

6.2       This limited power of attorney includes the right for us to deposit the proceeds in a general account prior to remitting the balance to you. This limited power of attorney also authorises us to sign releases on your behalf and authorise the reuse of any work from previous Engagements, whether originated by us or not.

7.          Term

7.1       The term of this agreement shall be for a period of 2 years, commencing on the date of our acceptance of your Pet’s registration however, you may terminate this agreement with ninety (90) days written notice, delivered by registered mail to our registered office. If a termination notice is received after an Engagement has been arranged for your Pet, you agree to honour that Engagement or otherwise to fully indemnify us from any claim by a Client as a result of this and to otherwise reimburse us for any and all costs incurred or revenue forfeited (including monies owing to a Client due to incurred expenses as a result of your cancellation).

7.2       In the absence of termination notice, this Agreement will continue to be renewed from year-to-year at the end of the Term.

7.3       We reserve the right to terminate this agreement at any time, with or without cause, on 2 business days notice.

8.          Pet warranties

8.1       We cannot accept Engagements for badly behaved or aggressive animals. We may terminate an Engagement immediately if it is reasonably thought that a Pet is badly behaved or aggressive either towards humans, animals or property.

8.2       You hereby warrant to us and agree that now and during the Term:

(a)    You are the only person responsible for your Pet and all decisions relating your Pet.

(b)    Your Pet is healthy, does not have fleas, is up to date with vaccinations, and does not have any diseases which may be contagious to other animals or people.

(c)    Your Pet is comfortable outside of its home and in noisy and distracting environments, has a friendly disposition and is well socialised.

(d)    Your pet is not nervous, nippy, aggressive or unhealthy.

(e)    Your pet has been trained using positive methods.

(f)     The information provided by you regarding your Pet’s ability, age, size and pedigree is true and correct and if requested you will provide a short video clip demonstrating your Pet’s ability as proof of any other statements made by you.

(g)    If interest is shown in your Pet for a potential Engagement, and you are interested in submitting your Pet for that potential Engagement, you will attend an audition (at your expense), and accept our or our Client’s decision if your Pet is deemed unsuitable for that potential Engagement.

(h)    All travel, parking, meals and other associated expenses in relation to potential Engagements are your responsibility.

(i)     If your Pet is selected for an Engagement, you will commit to the arrangements mutually agreed upon with us and the Client.

(j)     If your Pet is selected for an Engagement, you will ensure your Pet is groomed either by a professional or to professional standards at your expense.

(k)    You will bring with you to any Engagement all the requirements for your Pet including food, treats, water, waterbowl, collars, leads, etc.  The holding crate you bring will be comfortable, clean, of sufficient size for your Pet and in excellent condition.

(l)     You will ensure the safety and comfort of your Pet while travelling to and from an Engagement.

(m)  You will arrive on or before the allocated time for any Engagement.

(n)    You understand that the on-set environment is busy and that for insurance and set etiquette purposes, you will not bring family or friends along unless prior arrangements have specifically been made.

(o)    We and the Client have the right to turn away people who are not required at the Engagement location.

(p)    You will be well presented and wear closed in shoes at the Engagement location.

(q)    You will allow our experienced trainers/wranglers to handle/ train your Pet as per production requirements.  You will remain off-set unless otherwise instructed.

(r)     Our staff will do their best to ensure the safety and care of your Pet, and should your Pet be injured or require medical attention, you give permission for our staff to use their best judgement and arrange for a veterinarian’s attendance.

(s)     While on or near the set, you will turn your mobile telephone off.

(t)     You will not eat or drink on or near the set.

(u)    You will not take photos or video of any kind on or near the set.

(v)    For continuity purposes, you will ensure your Pet maintains the same “look” for the duration of an Engagement, e.g. same collar and grooming, unless otherwise instructed.

(w)   You will not talk or make any noise while filming is in progress, and at other times will keep chatter to a minimum.

(x)    You will adhere to all rules provided by the production company or Engagement organisers.

9.          Your Pet

9.1       It is of the utmost importance that you give full information in relation to the needs and requirements of your Pet.

9.2       You may be liable if your Pet injures a third party.

9.3       Proof of currency of vaccinations is required prior to any Engagement.

9.4       You must ensure that your Pet is in good health and free from fleas and is adequately wormed. If we believe your Pet is not in good health we reserve the right to seek veterinary advice on your behalf and you will be liable for the veterinary fees.

9.5       If it becomes necessary, your Pet will be taken to a veterinary surgeon. Unless agreed otherwise, you are responsible for any fees that are reasonably incurred during your absence or during the course of an Engagement.

9.6       You agree to abide by any standard rules and policies which we may issue from time to time regarding you or your Pet during an Engagement.

9.7       You understand and agree that you will not during the Term, allow your Pet to enter any modelling, advertising, entertainment and/or acting contest or competition organised or sponsored by any business other than us, unless you have our written permission. You further agree that in the event that any business other than us offers you or your Pet any prize, you will before accepting any such prize, consult with, and obtain our written permission.

10.       Confidential Information

10.1    We will treat your personal information confidentially and will not pass on your details to any third parties except with your permission.

10.2    Information given when registering will be used for all subsequent Engagements unless we are notified that there has been a change in your Pet’s condition, details or requirements.

11.       General Terms

11.1    A waiver by either of the parties hereto of a breach of any of the provisions herein shall not be deemed a waiver of any subsequent breach nor a modification of such provision.

11.2    This document and any document referred to in it sets out the entire agreement between the parties. Should any provision(s) of this agreement be held to be void or not enforceable, such provisions shall be deemed omitted and this agreement with such provision omitted shall remain in full force and effect. No modification, alteration or amendment of any provisions contained herein shall be valid or binding unless in writing executed by both parties hereto. Both parties warrant that in entering into this agreement they have not been induced by, and are not relying on, any promises, representations or warranties not set forth in writing.

11.3    You warrant that no other binding agreement is in force with any other party which would supersede this agreement.

11.4    This Agreement shall be binding upon both parties hereto, their heirs, successors, assigns, etc.

12.       Insurance and Liability

12.1    It is your responsibility to insure your property and your Pet. We accept no liability for damage caused by your Pet during an Engagement. You will be liable for any damage caused by your Pet if a third party is injured by your Pet.

13.       Public Liability

13.1    It is your responsibility to ensure that you have adequate levels of Insurance to cover your Pet at all locations (including travel to and from a location).  We are not required to, nor do we hold any such insurances for you or your Pet.

 

Copyright © 2017 Animal Talent Time® Agency Sydney