Super excited to work with you. Thanks for choosing to consult to Tommy Creative.

SERVICES.

i. The Consultant agrees to perform the services and provide the deliverables in line with Tommy Creatives Requirements. All Attachments referred to herein are made an integral part of this Agreement. Any change in the Services shall be mutually agreed in writing. 

TERM.

This Agreement shall commence after the date of signing.

EFFECTIVE DATE.

As required / Term of project

TIME OF PERFORMANCE.

i. The Consultant agrees that the Services shall continue until required or until terminated by Tommy Creative.

INVOICING & PAYMENT.

i. As full consideration for the performance of the Services, the Company shall pay the Consultant AUD  per hour OR per day (previously arranged)  including GST (if applicable) . The Consultant shall submit an invoice requesting proper payment. The invoice must include details of hours worked and services performed. The invoice is due to be paid within 30 days of being received by the Company, unless the amount is reasonable in dispute. 

OBLIGATIONS.

i. The Consultant is not an employee of the Company. The Consultant shall have no claim in respect of, and is responsible for payment of salaries and statutory entitlements including but not limited to annual leave, sick leave, compassionate leave, long service leave, superannuation and PAYG tax. 

REALTIONSHIP.

i. The Company and the Consultant declare that is their mutual intention that this Agreement will not in any way constitute a contract of employment but will be construed strictly as a contract for services. 

ii. The Consultant acknowledges that although in providing the Services the Consultant may be seen to be acting as agent of the Company, the Consultant will at no time be or be deemed to be an employee of the Company. 

WHITE LABEL & CLIENT ARRANGEMENT.

The Production of all work and assets output or services provided by the consultant will be issued under the Tommy Creative brand. The consultant will be working for Tommy Creative & not the client. The client remains Tommy Creatives.

CONFIDENTIALITY.

i. Confidential Information means all information of the Company that is confidential in nature (whether or not it is marked as being “confidential”) including, but not limited to: 

(i) trade secrets and confidential know-how of which you become aware or generate (both before and after signing this offer) in the course of, or in connection with, your employment with The Company; 

(ii) all databases, source codes, methodologies, manuals, artwork, diaries, email addresses, contacts, advertising manuals, trade secrets and all financial, accounting, marketing and technical information, customer and supplier lists, client lists, know-how, technology, operating procedures and other information, used by or relating to the business and its transactions and affairs; 

(iii) details of the business conducted between The Company and its clients, including the financial arrangements between The Company and its clients; 

(iv) inventions and discoveries (whether or not patentable); and 

(v) all notes and reports incorporating or derived from the information referred to in paragraphs (i) - (iv); and ii. You may use Confidential Information only for the purposes of performing your duties with The Company. You must not disclose confidential information to anyone other than people specifically approved by The Company. You must immediately let the directors of the business know of any suspected or actual unauthorized use, copying or disclosure of Confidential Information. 

iii. Your duty of confidentiality is an essential term of your employment with Tommy Creative. If you breach your obligation of confidentiality we will take such action against you as we deem appropriate, which may include terminating your employment, obtaining injunctions and suing for damages. 

iv. The terms of this agreement are confidential and may not be disclosed to any other person other than for the purposes of obtaining professional legal or accounting advice, without the written approval of The Company. v. Your obligations of confidentiality continue after the termination of your employment with The Company. vi. You acknowledge that: 

(vi) all the prohibitions and restrictions contained in this clause are reasonable in the circumstances and necessary to protect the legitimate interests of The Company; 

(vii) damages are not an adequate remedy if you breach this clause; and 

(viii) the business may apply for injunctive relief if: 

1. You breach or threaten to breach this clause; or 

2. It believes you are likely to breach this clause. 

RESTRAINT.

i. For the purposes of this clause: 

(i) Business means the business in which you worked, or with which you were concerned, in the 12 months prior to the Termination Date. 

(ii) Client, Supplier, Employee and Contractor means any client, customer, supplier, employee or contractor (as the case may be) of THE COMPANY GROUP with whom you worked or had dealings with at any time in the 12 months prior to the Termination Date. 

(iii) Termination Date means the date your employment ceases with The Company. 

ii. You undertake that you will not: 

(i) solicit, canvass, approach or accept an approach from any Client or Supplier with a view to obtaining their custom in a business that is the same or similar to any part or parts of the Business; 

(ii) interfere with the relationship between The Company and its Clients, Suppliers, Employees or Contractors. (iii) induce or assist any Employee to leave their employment with The Company. 

iii. The undertakings in clause ii begin on the date you accept this offer and end 12 months after the Termination Date with the exception of clause ii.(i) which ends on the Termination Date.

iv. The undertakings in clause ii apply only if the activity prohibited by clause ii occurs within the greater of: (i) Australia-wide 

v. Clauses ii, iii and iv have effect together as if they consisted of separate provisions, each being severable from the other. Each separate provision result from combining each undertaking in clause ii with each period in iii and combining each of those with each area in clause iv. If any of those separate provisions is invalid or unenforceable for any reason, the invalidity or unenforceability does not affect the validity or enforceability of any of the other separate provisions or other combinations of the separate provisions of clauses ii, iii and iv. 

vi. This clause does not restrict you from performing your duties and obligations under this agreement. vii. You acknowledge that: 

(i) all the prohibitions and restrictions contained in this clause are reasonable in the circumstances and necessary to protect legitimate interest of The Company; 

(ii) damages are not an adequate remedy if you breach this clause; and 

(iii) The Company may apply for injunctive relief if: 

1. you breach or threaten to breach this clause; or 

it believes you are likely to breach this clause. 

INTELLECTUAL PROPERTY.

All work output will remain Intellectual property of Tommy Creative.

i. For the purposes of this clause: 

(i) Intellectual Property Rights means all intellectual property rights including without limitation: 1. patents, copyright, registered designs, trademarks, service marks, trade names and the 

right to have confidential information kept confidential; and 

2. any application or right to apply for registration of any of those rights. 

ii. You: 

(i) presently assign to us all existing and future Intellectual Property Rights in all Tommy Creative related projects inclusive of (but not limited to), models, drawings, plans, software, reports, proposals and other materials created or generated by you (whether alone or with other employees or contractors) for use by us; and 

(ii) acknowledge that by virtue of this clause all such existing rights are vested in us and, on their creation, such future rights will vest in us. 

iii. You agree to do all things reasonably requested by us to enable us to assure the further rights assigned under this clause 10. 

MORAL RIGHTS.

i. Definitions 

(i) Moral Rights means the right of attribution or authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth); 

(ii) Works means any literary, dramatic, musical or artistic works made by the Employee as defined in the Copyright Act 1968 (Cth). 

ii. Consent 

(i) You consent to all or any acts or omissions by or on behalf of The Company (whether occurring before or after this consent is given) which infringe or may infringe any of your Moral Rights under Part IX of the Copyright Act 1968 (Cth) in relation to any Works made by you in the course of your employment with The Company. 

iii. Extent of consent 

(i) Your consent under clause 1.2 is irrevocable and extends to: 

1. The Company’s licensees and successors in title in respect of the Works; and

2. Any person authorised by The Company’s or its licensees or successors in title to do acts 

comprised in the copyright for the Works. 

iv. Genuine consent 

(i) You acknowledge that the consent in clause 11 is a genuine consent given under Part IX of the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement. 

TERMINATION.

The Company or the Consultant may terminate this Agreement by providing 4 weeks’ notice to the other party, with no further Consulting Fees payable after 4 weeks. This Agreement shall automatically terminate upon the death or disability of the Consultant. 

LAW GOVERNING CONTRACT.

i. This Agreement shall be governed by the laws of Victoria, Australia as applicable thereto. 

DISPUTE RESOLUTION.

i. Any dispute arising out of the Agreement, which cannot be amicably settled between the parties, shall be referred to arbitration by a single arbitrator in Victoria, Australia. 

CHANGES TO SERVICES PROVIDED.

i. If there is any change to the hours of work or nature of services provided by the Consultant to the Company, a full review of Compensation will occur.