This Agreement details the Terms of Engagement as at October 2021 for participating RMIT Alumni (aka. the ‘Talent’) in the upcoming RMIT Alumni Marketing Campaign production 2021/22.
- The Talent agrees to participate in the Production (Alumni Acquisition Campaign) and hereby irrevocably consents to RMIT (the Client), and their successors, licensees &/or assigns them the right to use their Image, Performance, Recordings &/or Other Contribution for the purposes of promoting and exploiting the Production as per the Client’s Brief, this includes but is not limited to:
a. making and distributing any and all marketing materials, content, audio, stills &/or audio-visual recordings of the Talent’s Performance (“Image or Recordings”); and
b. using any personal material supplied by the Talent (including, without limitation any photographs, artistic works, video footage, voice recordings or any other material in which copyright subsists), (together, the “Other Contribution”).
- Talent hereby irrevocably grants to RMIT, its successors, licensees &/or assigns them usage of their Image, Performance, Recordings &/or Other Contribution based on the following terms;
Media: Digital/online (a)
Duration: In perpetuity
- For the purposes of this Agreement:
a. Digital Media means all forms of digital files delivered on or via the global computer network known as the Internet or any other digital delivery system (including but not limited to mobile device telecommunications networks), whether streamed or downloaded, including without limitation websites, email, banner ads, online written, visual or video content and Client's own and third party Internet and/or social media websites, digital websites and communication channels, including streaming services and any other digital media not now known or to be created in the future, but excludes Broadcast Media and Print Media as defined in these Terms.
b. Broadcast Media means all broadcast media including television advertising, sponsorship indents, cinema, news programmes and new media (including any other broadcast media not now known or to be created in the future).
c. Print Media means all printed PR, press, magazines, newspapers, textbooks, out of home (OOH), digital out of home (DOOH), below the line (BTL), packaging, point of sale (POS), direct mail & trade shows.
- To the maximum extent permitted by applicable law in Australia, the Talent hereby releases the Client, its successors and licensees from any and all claims, demands and liabilities of any kind whatsoever arising out of the Talent’s participation in the Production and the use of their Image, Performance, Recording or Contribution.
- Talent understands that by confirming this Agreement, the Client and the Talent will be legally bound to the terms stated within this agreement, or, if Talent is under the age of 18 years, this Agreement is being signed/accepted by the Talent’s parent or legal guardian who represent his / her / their agreement to the terms stated within, and that the Talent will be legally bound to all such terms.
- Talent also acknowledges that:
a. the production is a direct, non-union engagement and holds the Client, its successor and licensees, harmless for any claims relating to hiring the Talent on that basis;
b. if applicable, they are responsible for managing their own superannuation contribution(s) and/or PAYG responsibilities as required under Australian Law;
c. the Client is not obliged to use or exploit any or all of the Images, Recordings, Performances or Contributions; and
d. there is no employment or fiduciary relationship between the Client and the Talent.
- Talent agrees to accept as full compensation for their services and for the rights granted by the Talent, any agreed payment (if applicable) as outlined in any direct, written or verbal correspondence with the Client. Payment and receipt of any Fee (if applicable) is hereby acknowledged and final, and the Talent further agrees that they do not expect and will not pursue any (further) compensation for the services rendered and the rights granted under this Agreement.