Terms and Conditions
Parties
RMK MANAGEMENT RMK PTY LTD (RMK, we or us) (‘The Agency’); and
You (Client).
1. Provision of Services
1.1 These terms and conditions have been created to support the RMK Rate Card, available at http://www.rmk.com.au/contact/rate-card/
1.2 When engaging an RMK artist via a booking through the Agency, you agree to the following Terms and Conditions herein and the terms and definitions contained within the RMK rate card.
1.3 Please note that these terms and conditions, as well as the rates on the RMK rate, card may change without notice, so please ensure that you review them regularly.
1.4 The Agency is a management company that represents people including actors, voice artists, child talent, performers, content creators, production crew and postproduction crew (Talent). The Agency is not a labour hire agency and as such the invoices we issue are submitted on behalf of the individual or company providing their services.
1.5 For the avoidance of doubt, the Agency is not the employer of the Talent, but rather a facilitator of the engagement between the Client (being the person or company making the booking) and the Talent (being the person supplying services). The Agency is also authorised to act as a collections agent for the Talent. All payments for their services are made to the Agency bank account as per the details supplied on the invoice.
1.6 We are an entertainment industry representative engaged in the business of facilitating relationships between our Talent and Clients (Services).
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
1.7 The Talent has engaged RMK to be their representative and RMK has the authority to enter into contracts with any and all Clients on their behalf.
2. Voice Artist Engagement
2.1 Talent providing their services to Clients may be entitled to standard employment entitlements including PAYE tax, Superannuation, payroll tax, and insurance obligations. It is up to the person or company engaging the services of the Talent (i.e. the Client) to make that determination and to comply with all legal obligations.
2.2 All rates quoted are exclusive of GST and other taxes and superannuation (which may or may not be applicable).
2.3 The Agency recommends enquiring at the time of booking as to the trading status of the Talent. This is so the person or company engaging their services can make a determination and properly accommodate for all expenses involved prior to the engagement.
2.4 The Agency will supply required documents such as TFN Declarations and Super Choice forms to an authorised representative of the Client’s company if requested to do so. We only supply on request due to the sensitive nature of the personal information being requested.
2.5 The Agency is not able to provide any taxation, superannuation or insurance compliance advice. Please ensure that you have sought appropriate guidance on such matters before making any payments.
3. Payments
3.1 Payment terms are subject to the Agency’s prior credit approval. Our terms are 14 days from the issue date of the invoice. If a Client has specific invoicing requirements (i.e. Purchase Orders having to be quoted on the invoice), it is the responsibility of the Client to provide such details to the Agency in a reasonable time frame and prior to the Agency issuing the invoice.
3.2 Invoices shall be deemed to be accepted by a Client unless we receive notice to the contrary within 7 days of the issue date of invoice. Disputed invoices must be discussed and resolved within 7 days of issue. Once an invoice has been paid, changes to the invoice can no longer be made. It is the Clients’ responsibility to ensure details are correct prior to making any payment and
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
the Agency cannot be held responsible for any failure to do so. As the Agency is not the service provider and generally is not in receipt of funds paid for more than 7 days, refunds cannot be provided for changed work conditions, including for work no longer required, changed broadcast terms, or any other erroneous payments.
3.3 In the event of late payment, the Agency may, in addition to the invoice amount charged, issue the Client with the following fees:
(a) A late payment penalty fee calculated at the cumulative penalty rate of 1.5% per calendar month as of the due date.
(b) Any legal or debt collection costs charged to the Agency and its Clients in relation to recovery of all outstanding amounts
3.4 If unpaid invoices fall outside of the payment terms, the Agency may put a stop on further credit to a Client’s account and / or refuse to accept further bookings until the debt has been cleared. The Agency reserves the right to change payment terms on any Clients’ account, which may include ‘payment up front’ for Clients who demonstrate regular delays in payment of invoices.
3.5 If a Client fails to pay in full any outstanding invoices beyond 60 days after the earliest unsettled invoice date, they may be subject to debt recovery and legal proceedings, as well as the associated costs.
3.6 The Agency requests all remittance advices for payments made to be forwarded at the time of payment to: accounts@rmk.com.au
3.7 Please include all payment details, including invoice numbers being paid and tax calculations (if any). Failure to send remittance information for payments being made may result in payments not being processed in a timely manner.
4. Submissions
4.1 As defined in the RMK rate card, a submission is: “a recording where the talent is asked to voice a proposed script for a commercial for demonstration purposes only.” A submission track may be broadcast provided a final/ broadcast fee is paid.
4.2 If a track is a submission, the Agency must be notified of this at the time of booking, otherwise the full fee is payable. It will be assumed, unless the Agency is notified otherwise, that all submissions (excluding research-only
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
tracks) are going to air. The balance of the final fee will be invoiced within 30 days of the date of the recording.
4.3 If booking a submission, please advise at the time of the booking.
4.4 Submission tracks are not to be broadcast until a final / broadcast fee has been paid.
5. Copyright and Ownership
5.1 All Recordings supplied by the Agency and / or the Talent involved remain the Intellectual Property of the Talent who has supplied the services until such time as payment for those services has been received. In most cases, recordings are licensed based on set terms discussed in advance of the recording session. The license arrangements are based on fees charged for the usage rights of the recordings. It is the responsibility of the person or company (Client) who has been charged for the services to ensure that the terms of the license are not exceeded or extended without prior notification. If the Client wishes to use the recording beyond the agreed and paid for terms, it is the Client’s responsibility to advise and approach the Agency for consent prior to any further exploitation so that a further license may be negotiated.
5.2 Should recorded material be used beyond the paid license terms without prior notification of the Agency, or should the recorded material be used without payment being received, the Agency reserves the right to contact anyone involved (including third parties) to advise of the license breach. This may involve a request to have the recorded material immediately removed from all broadcast platforms.
6. Artificial Intelligence
6.1 Artificial Intelligence (AI) is technology that enables computers and machines to simulate human intelligence.
6.2 Generative AI is AI capable of generating text, images, videos, audio and other data using generative models, often in response to prompts. Generative AI can create and produce new content from existing material.
6.3 Using any recorded material produced by or with the Agency’s Talent in any AI or Generative AI application is forbidden without prior consent from the Agency and the Talent involved. Recorded material encompasses both
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
recordings available freely on public platforms as well as recordings made for a particular Client.
6.4 For the avoidance of doubt, the use of the recorded material provided by, or available from the Agency or the Talent it manages, as well as use of the Talent’s name, voice and likeness, is permitted only with respect to the work as agreed in the booking, and the Client shall not use the recordings or the Talent’s name, voice and likeness (including by means of any generative Artificial Intelligence application or other digital replica) in any other projects or material without the prior, written consent from the Agency.
6.5 These terms apply to all existing and future recordings made by or with the Agency’s Talent. Any requests related to AI or Generative AI need to be clearly advised to the Agency and its Talent well in advance of any planned usage. Rates for such usage may be negotiated upon receipt of such a request and the Client agrees that no material can be used prior to consent from the Talent and the Agency being received.
6.6 The Agency reserves the right to initiate proceedings against any Client or third party suspected of breaching or found to have breached the Artificial Intelligence section of this agreement, including for breach of contract and for misleading and deceptive conduct under the Australian Consumer Law as may be applicable.
6.7 Clients agree to take reasonable steps to ensure that all recordings licensed to them by the Agency and its Talent are protected from unauthorised use by third parties.
7. Complaints
7.1 If you have any issues with any of the Talent, then you must advise the Agency as soon as possible. No claims or alterations in the fee will be accepted after the final invoice is issued. The Agency acts solely for and on behalf of the Talent and whilst making every endeavor to provide a satisfactory and efficient service, the Agency cannot be held ultimately responsible for the conduct of the Talent.
8. Termination and suspension
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
8.1 We may at any time at our discretion suspend the Services and/or terminate this agreement in relation to any Services by providing you with notice in writing in the following circumstances:
(a) if you fail to make payments to us by a due date, or
(b) If you breach any obligation under this agreement.
8.2 Such termination will not in any way prejudice any of our rights including our right to receive payment for Services rendered.
8.3 Either party may terminate this agreement by written notice to the other if an insolvency event occurs to the other party.
8.4 If you terminate all or part of the agreement, all outstanding payments due by you to us will become due and payable.
9. General
9.1 All notices and consents required or permitted to be given under this agreement must be in writing and given by personal service, pre-paid postage or email at the addresses of the parties set out in this agreement or to such other address as either party may designate to the other by written notice.
9.2 If we do not act in relation to a breach by you of this agreement, this does not waive our right to act with respect to that or subsequent or similar breaches.
9.3 Nothing stated in this agreement constitutes you and us as partners, or creates the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party has authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as expressly provided in this agreement or authorised in writing.
9.4 If any provision of this agreement is held to be invalid in any way or unenforceable, the remaining provisions will not in any way be affected or impaired. This agreement must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.
9.5 This agreement is governed by the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.
P: +61 2 9922 1300 (Sydney) + 61 3 9600 1377 (Melbourne)
E: info@rmk.com.au W: www.rmk.com.au
6 Ridge St, North Sydney, NSW 2060, Australia
ABN: 48 001 495 656
DEFINITIONS
In the Agreement, the following terms have the stated meaning unless a contrary intention appears.
Term
Definition
Services
Means the Services that we provide to you. Including those as provided by the Talent.
Fee
Means the total sum of all fees payable for a Confirmed Booking as set out in the invoice rendered by RMK.
Talent
Means individuals who are represented by RMK.
10. Interpretation
10.1 Unless the context requires otherwise:
(a) heading and bold type are for convenience only and do not affect the interpretation of this agreement;
(b) a reference to a person includes a corporation or any other legal entity;
(c) the singular includes the plural and vice versa;
(d) headings are for convenience and do not form part of this agreement or otherwise affect the interpretation of this agreement;
(e) the term “includes” (or any similar term) means “includes without limitation”; and
(f) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it