Terms of Service
Booking
All jobs will be confirmed via email, including amendments to existing jobs. Foxy Talent has designed a very simple and flexible cancellation policy and as such does not operate a tentative booking policy.
Typically a Client will make an Enquiry of Foxy Talent by way of phone or any electronic means, or Foxy Talent may seek out and Tender prospective Clients for jobs. Communications between Foxy Talent and the Client will be known as the ‘Enquiries’ and seeks to establish the Clients requirements for the particular job, especially the required ‘Usage’. Foxy Talent will then provide to the Client a ‘Quote’ which will establish the Clients requirements, the ‘Full Terms and Conditions’ and the applicable ‘Fee’. On the completion of the job a ‘Tax Invoice’ will be provided to the Client.
Parties Relationship
The relationship between Foxy Talent, the Client and the Promotional Person is purely contractual.
The Client pays a fee to Foxy Talent for the services to be rendered, GST will be charged on all jobs. The Client may choose a certain Promotional Person to undertake the job or may leave the choice to the discretion of Foxy Talent. Choice of a certain Promotional Person will attract a higher rate and is subject to negotiation with the individual Promotional Person as they are contracted on a job by job basis.
Rates
All rates will be ascertained during the Enquiry and provided on the Quote. The applicable rates will be on an individual, job by job basis. Foxy Talent appreciates that Client time is important and strives to simplify the booking procedure by incorporating an all inclusive fee where applicable for the job required.
Foxy Talent does not necessarily follow a set day or half day policy, rather the hours per day that the Client requires are those that will be booked, subject only to a minimum of 3 hours each day for a job.
The required hours will be communicated during the Enquiry and set in the Quote. The quoted hours will be incorporated into the total Fee, including any applicable extra time rates. The applicable rates for any extra time that may be required will be set out on the Quote and form part of the accepted conditions.
Travel Time
Travel time will be incorporated into the Quote. Any change in location must be communicated to Foxy Talent immediately to allow for any necessary changes in the travel time component of the Job.
Meals
The Client will be responsible for Promotional Person meals on any job where the Promotional Person is required for 4 or more hours.
Usage
Usage will be defined in the Quote. Usage will only extend to that which is provided in the Quote and accepted by the Client. Any additional Usage must be brought to the attention of Foxy Talent to enable additional rates to be applied.
Usage incorporates not only still images but also moving images, voice and quoting of the Promotional Person. Early notification is essential as Foxy Talent may require an additional MEAA contract to be completed between the parties.
The Client is required to inform Foxy Talent if any additional promotional activities are to be undertaken in conjunction with the particular job will or has been provided.
Insurance
The Client will ensure that appropriate insurance will be held to cover the Promotional Person. Such insurance includes Public Liability and Workcover Insurance. The Client will be required to inform Foxy Talent of its insurance coverage on request and each job will require the Client to indemnify Foxy Talent.
The Client is also advised to ensure adequate insurance for financial loss has been undertaken by the Client for the job. If a Promotional Person does not show or is unable to complete the job, for any reason, the Client is required to inform Foxy Talent before or during the job to enable Foxy Talent to attempt to provide an alternate Promotional Person for the job. Incomplete jobs will still require full payment unless agreed to by Foxy Talent.
Cancellation
Foxy Talent promotes a simple and fair cancellation policy for all parties.
All Quotes will specifically include a reference to ‘non refundable’ items which are expenses that will be incurred by Foxy Talent and will be subject to reimbursement irrespective of the completion of the job. Foxy Talent will provide the receipt of these items to the Client on request of such a claim being made.
‘Straight hours’ means exactly the specified number of hours. ‘Business hours’ means the specified number of hours as accumulated between the hours of 9:00am to 5:00pm week days and excludes public holidays and weekends.
Cancellation more than 24 straight hours before the commencement time of the job will not incur the fee save for the non refundable items.
Cancellation less than 24 hours but more than 4 business hours before the commencement of the job will incur half the fee plus the non refundable items.
Cancellation less than 4 business hours before the job will incur the full fee (which includes the non refundable items).
Rescheduling will only be allowed where the Client, the Promotional Person and Foxy Talent all agree.
Payment
A Tax Invoice will be issued on acceptance of the job whereby 10% will be required to be paid before the start of the job.
Full payment is then required within 7 days of completion of the job. All late payments will attract a $50 administration fee plus 20% p.a calculated daily and applied monthly or part thereof.
Additional Terms
These terms form part of the Standard Terms of each job and reference to the Standard Terms means these terms as current at the time of acceptance of the individual job. Complete and customised terms will be provided with each job prior to acceptance by the Client and override any of the Standard Terms provided herein.
Applicable Laws
Foxy Talent primarily transacts within Victoria, Australia and as such it is this jurisdiction that will generally govern any contractual relations. Each Quote will detail the jurisdiction that will govern the operation of the contract.