THIS AGREEMENT IS BETWEEN... 

The Artist and/or Parent/Guardian who has signed on their behalf, hereinafter referred to collectively as "The Artist" 

AND

Next Move Studios, its employees and affiliates, thereafter referred to collectively as "The Agency".

1. The Artist hereby appoints The Agency as The Artist's sole representative in all matters usually and normally within the jurisdiction and authority of personal representatives, managers and agents. The Artist agrees to seek such services from The Agency exclusively and agrees not to engage any other agent, representative or manager to render similar services. 

  • The Artist agrees not to perform said services on The Artist's own behalf, and will not negotiate, accept or execute any agreement, understanding or undertaking concerning The Artist's career without prior consent of The Agency.

  • The Artist agrees to defer all requests or queries regarding work within the entertainment industry to The Agency.

  • The Artist hereby grants The Agency irrevocable and in perpetuity licence to use The Artist’s name, photographic likeness, voice, artistic and musical materials.

2. The Agency agrees to provide services that The Artist may reasonably require to gain work and further The Artist's career within the entertainment industry, including but not limited to the following services:

 

  • To represent The Artist and act as The Artist's negotiator, to fix the terms governing all manner of disposition, use, employment or commercial trade of The Artist's talents and the products thereof; and

  • To supervise The Artist's professional employment, and on The Artist's behalf to consult with employers and prospective employers so as to assure the proper development and continued demand for The Artist's services;

  • To be available at reasonable times and places to confer with The Artist in connection with all matters concerning The Artist's professional career, business interests, employment and publicity;

  • To favourably promote The Artist's in all media, and in connection therewith, to approve and permit for the purpose of trade, advertising and publicity, the use, reproduction or publication of The Artist's name, photographic likeness, voice, artistic and musical materials; and

  • To engage, discharge and/or direct booking agencies and employment agencies, individual managers and other firms, persons or corporations who may be retained for the purpose of securing publicity, engagements or employment for The Artist

  • The Agency is not required to render exclusive services to The Artist nor to devote an unreasonable portion of time to The Artist's affairs. Nothing herein shall be construed as limiting The Agency’s right to represent other persons whose talents may be similar to, or who may be in competition with The Artist, or to have and pursue business interests which may be similar to, or may compete with, those of The Artist.

3. The Artist agrees to maintain best efforts in performing all assignments and engagements as arranged by The Agency, and to make themselves reasonably available for such engagements, including but not limited to Auditions, Casting Calls, Events and any production or performance where The Artist has accepted and confirmed for the job.

 

  • The Artist agrees to invest in the required promotional and artistic tools as required by The Agency, including but not limited to photos, video and audio recordings, industry-relevant training and a suitable online presence, including active profiles on required casting databases.

4. All communication between The Artist and The Agency, whether spoken or via any electronic media (including all information contained herein) is entirely private and confidential.

 

  • The Artist is not permitted to disclose or discuss any financial, operational or contractual information, with the exception of their allocated Manager, legal professionals or the relevant industry union [MEAA], without the express written consent of The Agency.

  • A nondisclosure term of 24 months shall apply and commence at the termination or expiration of this agreement. The Artist is not permitted to disclose or discuss any financial, legal, contractual, or operational information pertaining to The Agency’s commercial interests.

5. All fees and commissions payable to The Agency are non-negotiable. The Agency reserves the right to waive or discount any fees or commissions at the sole discretion of The Agency. 

 

  • Commissions payable to The Agency are calculated as a percentage of The Artist's gross compensation (defined herein as all gross earnings related to the Australian Entertainment Industry, including but not limited to salaries, royalties, bonuses, shares of profits, residuals, reproduction fees or roll-overs) received by The Artist, or by The Agency on The Artist's behalf, for or in connection with any engagement of The Artist's services negotiated or entered into during the term of this agreement, including any gross compensation becoming due and payable after the expiration or termination of this agreement.

  • The Artist will be charged a maximum of 20% commission on any performance work (being 10% agency booking fee and 10% Management commission.) with a reduction of commission on long term engagements. After 6 weeks in any long-term engagement, The Agency booking fee will reduce to 5% and The Artist will be charged a maximum of 15% total commission from the 7th week of engagement onwards.   

  • The Artist is required to maintain active profiles on relevant casting services and apps as required by The Agency.

  • The Artist waives any claim to profits from any production or service owned by The Agency, including but not limited to showcase events, online portals, social channels, original productions, etc. 

6. The Artist acknowledges and agrees to enter into this agreement as an independent contractor. The Agency is not an employer and is therefore not responsible for the payment or administration of any fees, charges or entitlements in relation to tax, superannuation, leave, sick pay or other benefits. The Artist hereby releases and holds The Agency harmless of any liability, claim, or responsibility thereof.

 

  • In accordance with the Australian Taxation Office “PAYG” withholding tax guidelines, The Artist or The Client (defined herein as any client, partner, business associate or organisation providing payment for The Artist's services) is responsible for all obligations and requirements regarding PAYG tax deductions from talent fees and the payment of superannuation contributions applicable in accordance with superannuation guarantee legislation.

7. The Agency does not accept responsibility nor liability for any loss of or damage to personal property, personal injury, or any loss or expense due to circumstances outside The Agency’s control. Under no circumstances will The Agency be liable for any:

  • economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings;

  •  loss of goodwill or reputation;

  •  any other special, indirect or consequential losses; or

  • loss to third parties.

8. The terms of this contract are for a period of 1 year from the date of signing, and will automatically renew annually unless either party terminates this agreement in writing, pursuant to the following terms:

 

  • A probation period of 3 months applies, whereupon either party may terminate this agreement with no notice required. 

  • Upon termination, there will be no refund of any fees or commissions paid to The Agency. Access to The Agency’s member services will be revoked, however any paid services from external providers will remain active and control of these services will be given to The Artist or their preferred representative.

  • After the 3 month probation period The Artist may ONLY terminate this agreement during the months of December or January in any calendar year, and MUST terminate in writing and receive confirmation from The Agency.

  • Should The Artist wish to terminate this agreement between the months of February and November of any calendar year, an exit fee of $250 will be payable to The Agency. 

  • The Agency reserves the right to end the agreement without notice should The Artist be in breach of any terms contained herein, or when The Artist's conduct be of an unprofessional standard or reflecting poorly on The Agent’s personal or professional interests.

9. Should any provision of this Agreement be void or unenforceable due to legislative change or any other reason, such provision will be omitted and this Agreement with such provision omitted shall remain in full force and effect.

10. The terms of this agreement are subject to change at any time at the sole discretion of Next Move Studios. Talent will be notified of any changes via our private communication portals