Terms and conditions
Busy Models Pty Ltd (Busy Models) is engaged by models/talent to be their agent/representative within the industry. The client is defined as the “end user” by the Australian Taxation Office (ATO). The Agency is defined as an “Intermediary” in the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”. As an Intermediary, the agency has the authority to enter into contracts with clients on behalf of the model. 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 above mentioned ruling. In addition, 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. At no time is there an employer/employee relationship between Busy Models and models/talent.
Pay As You Go (PAYG)
In accordance with the ATO “Pay As You Go” (PAYG) Withholding Guidelines for performing Artists, Agents, Advertising Agencies and Advertisers, the ‘end–user’ (Client) of Talent/models is deemed to carry all obligations regarding PAYG tax deductions from talent/model fees. (Further information is available on the ATO website at www.ato.gov.au/content/20615.htm.)
Superannuation Guarantee Contribution (SGC)
The Client (end user) is responsible for the payment of the Superannuation Contributions applicable in accordance with current Superannuation Guarantee legislation. (Refer to ATO “PAYG” withholding for performing artists” guidelines, and the ATO’s “Superannuation Guarantee Ruling SGR 2005/2”, state that the “end-user” (Client) of an Artist’s services is responsible for the payment of their Superannuation at the current rate published by the ATO. All model rates quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions.
Workers’ Compensation and Public Liability Insurances
It is the responsibility of the Client as ‘end-user’ of talent/models to ensure that it is adequately covered for Worker’s Compensation and Public Liability insurances that may arise as a result of the engagement of Talent/model services. Busy Models is not and is in no way obligated to carry such insurances for Talent/models.
Invoicing/Model Rates/Agency Fees/GST/SGC
Model rates will be invoiced as a separate line item and are not subject to GST. An additional charge for Agency Service Fees (currently 15% of the model rate) plus GST will be invoiced as a separate line to the Artist rate on the same invoice. (In accordance with the ATO’s “PAYG withholding for performing artists”, The Agency is permitted to raise invoices to include the non-GST model rate component as well as the Agency’s “Booking Fee” and GST on the one invoice). All model rates quoted and accepted by the Client are exclusive of Superannuation Guarantee Contributions (SGC). The SGC will be invoiced as a separate line item at the rate determined by the ATO (currently 9.5%). The SGC is not subject to GST.