Call-Out Model & UGC Creator Contract

CALL OUT MODEL AND UGC CREATOR CONTRACT

Agency: STAY Q., STAY QREATIVE, US, THEIR.

Call-Out Model: YOU, YOUR, MODEL, UGC CREATOR.

Collectively, all the listed people or businesses entering this agreement will be referred to as "the parties", "we", or "our".

1. INTRODUCTION

Effective Date ⎯ This Agreement is made and entered into on the agreed-upon date submitted.

Purpose of Agreement ⎯ The purpose of this contract ("Agreement") is to outline the terms and conditions under which the Model will provide content (photos, videos, testimonials etc.) to Stay Qreative and Stay Qreative’s clients for use in digital and promotional materials.

2. SERVICES PROVIDED

The following services outlined below represent the complete list of the Call-Out Model's contractual obligations:

The Call-Out Model agrees to participate in the production of user-generated content ("UGC") for Stay Qreative, including but not limited to images, videos, and written testimonials, based on the call-out for models by the Agency.
The Call-Out Model agrees to follow specific guidelines as provided by Stay Qreative, and the content may be used for promotional purposes, including on social media, websites, marketing materials, and advertisements.
Content shoots for Stay Qreative are paid on an hourly basis.
For UGC content creation, the Call-Out Model will be compensated per video, with the rate specified in the agreement. The Model is responsible for editing the video(s) submitted for approval, and only edited content will be accepted for payment.

3. CALL-OUT MODEL RESPONSIBILITIES

Confidentiality ⎯ The Call-Out Model agrees to maintain confidentiality regarding any proprietary or confidential information disclosed by Stay Qreative during the collaboration and will not share any such information with third parties without prior written consent.

Advice Disclaimer ⎯ Any advice given by Stay Qreative is based solely on their knowledge of your specific circumstances. Stay Qreative accepts no liability or responsibility for any loss, damage, claim, or expense you may suffer due to inaccurate, incomplete, outdated, or untimely records, particulars, or information provided by you. By signing this agreement, you waive and release Stay Qreative from any such liability.

Content Creation ⎯ The Call-Out Model agrees to provide the content according to the guidelines provided by Stay Qreative.

Professionalism ⎯ The Call-Out Model will act professionally during the creation of the content and will ensure that all submissions are their original work and do not infringe on the intellectual property rights of others.

Indemnity ⎯ The Call-Out Model agrees to indemnify and hold harmless Stay Qreative against any claims, damages, or liabilities arising from the content they provide, including any infringement of third-party intellectual property rights.

4. UNWELCOME SITUATIONS

In the event that content produced by Stay Qreative results in unwelcome situations or a negative impact on your reputation or public perception, you acknowledge that the content was created following the instructions and guidelines provided by Stay Qreative. If you disagree with any content, situation, or post made on your behalf, you must notify Stay Qreative in writing. Upon receiving your written notification, Stay Qreative will review the situation and, if necessary, make reasonable efforts to address the issue, including posting a retraction or apology across all affected platforms within 24 hours.

5. CONTENT CREATION, SUBMISSION & APPROVAL PROCESS

Stay Qreative will provide creative direction and guidelines for the content the Call-Out Model is expected to produce. All content must align with the agreed-upon brief, and any deviations must be approved by Stay Qreative.

The Call-Out Model must submit edited content in the required format within the agreed timeframe.
If requested, the Call-Out Model must provide raw footage in its original format.
Stay Qreative and/or the client may request reasonable revisions to ensure brand consistency and quality.

Approval & Revisions ⎯

Submitted content must be reviewed and approved by Stay Qreative and/or the client. Any requested revisions must be completed within a reasonable period as specified by Stay Qreative.

Late Submission Consequences ⎯

Failure to submit content on time may result in:

Payment delays.
A reduced rate if the content is late and no longer usable.
Contract termination at Stay Qreative’s discretion for repeated delays.

While Stay Qreative will send reminders for outstanding content, the Call-Out Model is responsible for timely submissions. Stay Qreative will not be liable for missed opportunities due to late content delivery.

6. OWNERSHIP, USAGE RIGHTS & PORTFOLIO

Call-Out Model Content Ownership ⎯ While the Call-Out Model creates content as part of this collaboration, all final content, including raw footage and edited materials, remains the property of Stay Qreative and/or the client. The Call-Out Model may not use or distribute the content for commercial purposes without written consent from Stay Qreative and/or the client.

Content Usage Rights ⎯

The Call-Out Model grants Stay Qreative the right to use, edit, distribute, and display the content created in any form of media, including but not limited to social media, websites, print, and digital advertising.
The Call-Out Model acknowledges that they do not have ownership or claim to the content and may not sell or distribute it independently without Stay Qreative’s written consent.
The model may use this content in their own portfolio.
Unless otherwise requested by Stay Qreative or the client, the Call-Out Model may upload the content to their own platforms, provided they tag or collaborate with Stay Qreative and the client in all related posts.

Portfolio Rights ⎯ Stay Qreative retains the right to use the content for:

Showcasing work on Stay Qreative’s website, social media, and promotional materials.
Providing samples to prospective clients.
Displaying the creative process.

No confidential information will be shared, and the Call-Out Model’s security and privacy will not be compromised in any way.

7. PAYMENT TERMS

The Call-Out Model will receive compensation for their participation as agreed upon in writing before the commencement of services. Payment details are as follows:

Compensation & Payment Terms - The Call-Out Model will receive the following compensation in exchange for their participation: $20-$30 per hour for model shoots, depending on experience, $50 per edited reel/TikTok, $35 per edited post image.

For UGC content, payment will be made upon delivery of content, within 14 days of the approved content submission. For hourly modelling, payment will be made every second Monday.
All payments will be processed via PayID or bank transfer.

Refunds, Adjustments, and Cancellations ⎯

Once content has been submitted and approved, no refunds or reversals of payment will be issued.
If the Call-Out Model is unable to complete the agreed-upon content, they must notify Stay Qreative in writing as soon as possible. Payments will be reduced by $5 per day for late submission.
If the contract is terminated before completion, compensation will be calculated based on the approved content delivered up to the termination date.

8. TERMINATION

This Agreement may be terminated by either Party with written notice at any time.
If the Call-Out Model decides to terminate the Agreement before fulfilling their obligations, they may forfeit compensation for any incomplete work up to the termination date. Additionally, the Call-Out Model must provide any raw footage from UGC content that the Client or Stay Qreative is awaiting and return any products given by Stay Qreative.
If the Agreement is terminated after content has been submitted and approved, compensation will be calculated based on the work completed prior to termination.

9. ELECTRONIC COMMUNICATIONS

All communication related to this Agreement, including project details, content approval, and revisions, will be conducted electronically via email, iMessage, WhatsApp, or Instagram DM.

10. FORCE MAJEURE

Neither party will be held liable for delays or failures in performance under this Agreement due to acts or events beyond their reasonable control, including but not limited to acts of God, natural disasters, terrorism, civil unrest, war, strikes, or changes in government regulations.

11. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL). The parties agree that any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

By signing below, the parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms and conditions.

Full Name

Phone

Today's Agreement Date

Please state the best days and times for model content shoots

Instagram/TikTok Handle(s)

I understand the payment terms, including the compensation rate, payment schedule, and conditions for late submission or contract termination.

I understand that all content created for Stay Qreative will remain the property of Stay Qreative and/or its clients, and that I will not use or distribute it without written consent.

I have reviewed and understood my responsibilities regarding content creation, submission deadlines, and adherence to the guidelines provided by Stay Qreative.

I agree to maintain confidentiality regarding any proprietary or confidential information shared by Stay Qreative or its clients.

I acknowledge that I am responsible for submitting content that adheres to the specified guidelines and for making revisions if requested by Stay Qreative or the client.

Your Signature

Thank you!