Deluxe Models Australia (DMA, We or Us) is an intermediary booking agency that provides the Services. The Customer wishes to acquire the Services.
This agreement (Agreement) is executed between Deluxe Models Australia Pty Ltd ABN 150 327 567 and the Customer whose details were provided to DMA as part of the booking process. (also referred to as Customer or you).
2. Acceptance of this Agreement
(a) You do not have to sign this Agreement physically to agree to its terms. If you:
(i) either ticked the “I have read and accept the terms of service” box when you order the Services online:
(ii) proceed to give us instructions to supply you with the Services as described below; or
(iii) pay your invoice that was emailed to you with the terms and conditions,
you will be deemed to have read and accept these terms and conditions of services.
(b) You must provide Us with all the details we reasonably request as part of the booking process. If you fail or refuse to provide details or give us wrong details, We reserve the right to either refuse to provide the Service or cancel the Services.
Some terms used in this Agreement are defined terms. When a term is capitalised, that means it is a defined term and unless the context otherwise required this clause will explain the meaning of those terms;
(a) Agreement – means these terms and conditions governing the provisions of the Services.;
(b) Business Day – means a day we are open for business;
(c) Confidential Information means information concerning the models and the Customer;
(d) GST – means Goods and Services Tax levied pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act);
(e) Government Agency – means any governmental, administrative or judicial body whether State or Federal with authority in relation to the operation of this Agreement or the Customer’s function;
(f) Law – means any laws, statutes, official directive by a Government Agency, class orders, binding industry codes of practice that apply to the provision of the Services or the Customer’s function;
(g) Loss – means any loss (including loss of profit and loss of expected profit), claim, action, liability, damage, cost, charge, expense, outgoing, payment which a party, suffers or incurs or is liable for including tax , interest and legal costs.
(h) Services – means the introduction and booking of topless models who will perform, amongst other things, duties at the Customer’s function such as waitressing, games hosting and poker dealers.
4. The Services and Customer’s Obligations
(a) This Agreement applies to every occasion the Customer orders Services from DMA.
(b) Models who attend the Customer’s function agreed to perform their duties such as poker dealer, waitress or game host, topless.
(c) The Customer must ensure that;
(i) every person who attends the Customer’s function is over 18 years old;
(ii) the Customer has the necessary authorisation and or permits required by a Government Agency and the Law;
(iii) the premises, their access and regress are safe and well guarded;
(iv) the models are protected from harm and are treated with respect;
(v) all attendees of the Customer’s function are aware of the “No Touching Policy”
The No Touching Policy means that despite the models being topless:
(1) attendees of the Customer’s function are not allowed to touch the models except for an incidental touch necessary for the models to perform their duties;
(2) the models must not be harassed, intimidated or pressured in any way;
(3) the models must be treated with respect at all times;
(4) there is strictly no erotica, sex or full service policy.
(d) The Customer acknowledges and agrees that;
(i) the models must be paid prior to the commencement of the function and in any event prior to the models discharging their duties at the function;
(ii) the models are engaged directly by the Customer to perform the duties as agreed and any financial or other obligation must be discharged between the Customer and the model on the night of the function. This includes the issuing of any invoice by the model to the Customer for any payment for services;
(iii) DMA is an intermediary agency that connected the model with the Customer;
(iv) the Customer shall be solely responsible and liable for the safety and security of the models for the duration of the function; and
(v) If the terms of this agreement are breached by the Customer or any patron who attended the function, invited or uninvited, the models reserves the right to terminate their duties for the function and leave the function immediately. In these circumstances, no refund will be provided to the Customer.
5. Payment and Taxes
(a) The Customer must pay DMA the booking fee at the time of booking. DMA must issue the Customer with a tax invoice in compliance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act).
(b) In addition to the booking fee, the Customer must pay the balance outstanding for the services of the models, to the model directly on the night of the function.
(d) If the Customer cancels the function, the deposit paid by the Customer will be forfeited.
6. Representations and Warranties
(a) The Customer represents, warrants and covenants to DMA that:
(i) the Customer has all right, power and authority necessary to perform the function;
(ii) if necessary, the Customer will have, at all times, security and appropriate guarding of the function;
(iii) The Customer will comply with all applicable Laws in relation to the function.
(b) The Customer acknowledges and agrees that;
(i) DMA will use best endeavours to meet the Customer’s request for models but has no control over and accepts no responsibility or liability whatsoever if the available model on the night was different to the model selected by the Customer.
(ii) In the event DMA is unable to secure the model ordered by the Customer, DMA will use best endeavours to advise the Customer.
7. Limitation of Liability
(a) DMA shall have no liability and the Customer expressly releases DMA from any liability and expressly indemnifies DMA against;
(i) any Losses suffered by the Customer as a consequence of the Customer use of the Services.
(ii) any Losses suffered by the Customer as a consequence of the Customer running the function.
(c) If liability is imposed on DMA for any reason under this Agreement, the total liability of DMA to the Customer for any reason, upon any cause of action and with respect to any Loss shall be limited, at DMA’s discretion, to;
(i) the re supply of the Services to the Customer; or
(ii) the refund of fees paid by the Customer to DMA in relation to the Services.
8. Confidentiality and Privacy
(a) The Customer acknowledges and agrees that the privacy and sensitivity of any Confidential Information must be guarded at all time.
(b) The customer must ensure that the rules set out in this Agreement in relation to conduct concerning the model are known to all attendees of the function.
(c) The customer must ensure that the model is not asked or is pressured to provide her telephone number, emails or any identification details and if the Customer becomes aware of any of these details, the Customer must protect the privacy and confidential nature of the Confidential Information.
(d) The customer must not attempt to make contact with a model after the function unless the contact is initiated by the model.
(e) The Customer must ensure that no photographs are taken of the model unless expressly consented to by the model.
(a) This Agreement records the entire agreement between the parties and supersedes all previous negotiations, understandings or agreements.
(b) Any communication between the parties shall be given to the other party in the same manner the parties communicated to book the Services.
(c) If any provision of this Agreement is found to be void, voidable, illegal or otherwise unenforceable, the parties will amend that provision in a manner which reasonably achieves the intention of the parties and the remaining provisions of the Agreement will remain in full force and effect.
(d) This Agreement is governed by the law of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.