Terms & Conditions

Effective date: 6 August 2026

Version 1.2

IMPORTANT, PLEASE READ CAREFULLY:

By accessing or using the EMRGED platform (the “Platform”), you agree to be bound by these Terms and Conditions. When you create an account or subscribe, you will also be asked to accept these Terms by ticking a box. If you do not agree, you must not use the Platform.

1. About EMRGED

1.1 Who We Are

EMRGED Pty Ltd (ACN 702 217 463) (“EMRGED”, “we”, “us”, “our”) operates a curated talent discovery platform that connects models, creative professionals, and talent (“Talent”) with brands, agencies, photographers, and other individuals or businesses seeking to engage them for professional work (“Clients”). Talent whose profiles are approved and published on the Platform are referred to in these Terms as “Ambassadors”. EMRGED operates as a directory and introduction service only.

1.2 Eligibility: 18 and Over Only

You must be at least 18 years old to create an account, submit a profile, subscribe, or contact Talent through the Platform. By creating an account, you confirm that you are 18 or over. EMRGED does not knowingly accept profiles from anyone under 18 and will remove any profile it reasonably believes belongs to a person under 18. If you use the Platform on behalf of a business, you confirm that you are authorised to accept these Terms for that business.

2. Nature of the Platform: Introduction Service Only

2.1 No Employment or Agency Relationship

EMRGED is a platform that facilitates discovery and initial contact between Talent and Clients. EMRGED is not an employer, agent, representative, manager, or recruiter of any Talent listed on the Platform. EMRGED does not represent, endorse, or act on behalf of any Talent or Client in any capacity.

2.2 No Involvement in Engagements

EMRGED plays no role in, and expressly disclaims any involvement in, any agreements, negotiations, communications, arrangements, or engagements entered into between Talent and Clients following initial contact made through the Platform. Any work, booking, collaboration, or contractual arrangement that arises between a Talent and a Client is entirely a matter between those parties.

2.3 Independent Parties

All Talent featured on the EMRGED Platform are independent individuals or entities. They are not employees, contractors, or agents of EMRGED. Similarly, all Clients are independent of EMRGED. EMRGED has no authority over, and assumes no responsibility for, the conduct of either party.

3. Disclaimer of Liability

3.1 No Responsibility for Third-Party Conduct

SUBJECT TO CLAUSE 7.1, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMRGED EXPRESSLY DISCLAIMS ALL LIABILITY FOR:

Any acts, omissions, representations, or conduct of any Talent or Client;
The quality, safety, legality, or suitability of any services offered or provided by Talent;
The accuracy, completeness, or currency of any Talent profile, portfolio, or information displayed on the Platform;
Any disputes, disagreements, claims, losses, injuries, or damages arising out of or in connection with any interaction, communication, negotiation, or engagement between a Talent and a Client;
The failure of any Talent to deliver services, or the failure of any Client to pay for, or properly engage, a Talent;
Any harassment, misconduct, fraud, misrepresentation, or unlawful behaviour by any Talent or Client;
Any harm, loss, or damage of any kind whatsoever arising from or in connection with a booking, engagement, or other arrangement made between a Talent and a Client through or following use of the Platform.

3.2 No Warranty as to Suitability

EMRGED makes no representations or warranties that any Talent featured on the Platform is suitable, qualified, available, or appropriate for any particular purpose or engagement. Clients are solely responsible for conducting their own due diligence, including but not limited to verifying credentials, experience, availability, and entering into appropriate written agreements with Talent.

3.3 No Warranty as to Accuracy

EMRGED does not verify all information provided by Talent in their profiles and cannot guarantee the accuracy or completeness of any profile content. Talent are solely responsible for the accuracy of their own listings.

4. Client Responsibilities

Clients who contact or engage Talent through the Platform agree to:

Conduct all due diligence independently before entering into any agreement with Talent;
Negotiate and enter into their own written contracts directly with Talent, addressing all relevant terms including fees, deliverables, timelines, cancellation, intellectual property, and any other matters;
Treat all Talent with professionalism, dignity, and respect at all times;
Comply with all applicable laws and regulations in connection with any engagement of Talent;
Not hold EMRGED liable for any outcome of their interactions or engagements with Talent;
Promptly report any concerns regarding the conduct of Talent to EMRGED via our designated contact channels.

5. Talent Responsibilities

5.1 Accuracy of Information

By submitting a profile or any other information to EMRGED, Talent warrant that everything they provide, including their name, age, location, measurements, experience, credentials, representation status, and portfolio, is true, accurate, and not misleading to the best of their knowledge. Talent must update their profile promptly if any of this information changes. EMRGED may suspend or remove a profile if it reasonably believes any information provided is false or misleading.

5.2 General Responsibilities

Talent listed on the EMRGED Platform agree to:

Conduct all engagements with Clients professionally and in accordance with any agreements reached;
Comply with all applicable laws and regulations;
Not hold EMRGED liable for any outcome of their interactions or engagements with Clients;
Promptly report any concerns regarding the conduct of Clients to EMRGED via our designated contact channels.

6. Disputes Between Talent and Clients

EMRGED is not a party to any dispute between a Talent and a Client and has no obligation to mediate, arbitrate, or otherwise intervene in any such dispute. Any disputes arising from engagements made through the Platform must be resolved directly between the Talent and the Client. EMRGED reserves the right, but not the obligation, to suspend or remove from the Platform any user who is subject to a substantiated complaint.

7. Limitation of Liability

7.1 Your Rights Under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the law allows EMRGED to limit its liability for failing to meet a consumer guarantee, that liability is limited to supplying the services again or paying the cost of having them supplied again.

7.2 Limits on Our Liability

Subject to clause 7.1, and to the maximum extent permitted by law:

EMRGED’s total aggregate liability to any user for any claim arising out of or in connection with these Terms or the use of the Platform shall not exceed the amount (if any) paid by that user to EMRGED in the twelve (12) months preceding the claim;
EMRGED shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, data, or business opportunities, even if advised of the possibility of such damages;
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other matter that cannot be excluded or limited under applicable law.

8. Indemnification

You agree to indemnify EMRGED, its directors, officers, employees, contractors, and agents against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) to the extent they arise from:

Your breach of these Terms;
Your breach of any applicable law, or your infringement of the rights of any third party;
Any image or information you upload to the Platform, including any claim that it infringes the rights of a photographer, a person pictured, or any other third party;
Any wrongful, unlawful, or negligent act or omission by you in connection with an engagement with another user of the Platform.

Your liability under this clause is reduced to the extent that any loss was caused or contributed to by the negligence, wrongful act, or breach of these Terms by EMRGED or its personnel.

9. Platform Rules and Prohibited Conduct

All users of the Platform are prohibited from:

Using the Platform for any unlawful purpose;
Contacting Talent or Clients for any purpose other than legitimate professional engagement;
Harassing, threatening, or engaging in any form of misconduct toward any Talent or Client;
Misrepresenting their identity, qualifications, or intentions;
Attempting to circumvent Platform features or systems;
Reproducing, scraping, or using Platform content for any commercial purpose without written authorisation from EMRGED.

10. Intellectual Property

All content on the EMRGED Platform, including but not limited to the EMRGED name, logo, design, and editorial content, is the intellectual property of EMRGED and may not be used without prior written consent. Talent retain ownership of their own content and portfolio materials submitted to the Platform, and grant EMRGED a non-exclusive licence to display such content for the purpose of operating the Platform. Ambassadors also grant EMRGED the marketing licence set out in clause 11.

11. Ambassador Image Use and Marketing Consent

11.1 Marketing Licence

By accepting these Terms, each Ambassador grants EMRGED a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, publish, crop, and resize their name, likeness, profile content, and any images uploaded to the Platform (including profile and portfolio images) (together, “Ambassador Content”) to market and promote EMRGED and the Platform. This includes use on the EMRGED website, social media channels, email marketing, paid and organic advertising, press and media materials, pitch decks, and presentations.

11.2 Consent Applies Unless You Opt Out

This consent applies automatically from the time an Ambassador accepts these Terms. Ambassadors who do not want their Ambassador Content used for marketing may opt out at any time, free of charge, by:

turning off the marketing permission in their account settings on the Platform; or
emailing legal@emrged.com with the subject line “Marketing Opt-Out”.

Ambassadors who opt out may opt back in at any time through their account settings or by contacting EMRGED. EMRGED will draw this consent and the opt-out to each Ambassador’s attention at sign-up.

Where an Ambassador has signed a separate written agreement with EMRGED that deals with the use of their name, image, or likeness (such as a Brand Ambassador Agreement), that agreement applies instead of this clause 11 to the extent of any inconsistency.

11.3 Effect of Opting Out

Once EMRGED receives an opt-out, it will stop creating new marketing materials featuring that Ambassador within fourteen (14) days, and will remove Ambassador Content from channels it directly controls (such as the EMRGED website and social media accounts) within a reasonable time where practicable. EMRGED is not required to recall printed materials or paid advertising already in circulation, or to remove content that has been shared or reposted by third parties. The same applies when an Ambassador’s account ends for any reason.

11.4 No Fee and No Effect on Your Profile

No fee, royalty, or other payment is payable to an Ambassador for marketing use of Ambassador Content. Choosing to opt out will not affect an Ambassador’s profile, subscription, visibility, or standing on the Platform.

11.5 How EMRGED Will Use Ambassador Content

EMRGED will use Ambassador Content respectfully and in keeping with the Platform’s brand standards. EMRGED will not:

sell Ambassador Content, or license it to any third party for that third party’s own advertising;
use Ambassador Content in a way that suggests the Ambassador personally endorses a third-party product or brand, without the Ambassador’s separate written consent;
alter Ambassador Content in a way that materially misrepresents the Ambassador.

EMRGED will credit photographers and other creators where credit details are supplied and it is practicable to do so.

11.6 Uploaded Images: Rights and Warranty

Any image uploaded to the Platform may be used by EMRGED to promote EMRGED and the Platform in accordance with this clause 11, unless the Ambassador has opted out under clause 11.2. By uploading an image, the Ambassador warrants that:

they own the image, or have obtained permission from the photographer and any other copyright owner for it to be used for promotional purposes, including by EMRGED as set out in this clause 11;
every person appearing in the image has consented to it being used in this way; and
the image does not infringe the intellectual property, privacy, or other rights of any third party.

Ambassadors must not upload any image they do not hold these rights to. EMRGED may rely on this warranty without checking the rights in any image, and Ambassadors indemnify EMRGED against any claim by a photographer, person pictured, or other rights holder arising from EMRGED’s use of an uploaded image in reliance on it.

12. Privacy

EMRGED collects, uses, and discloses personal information in accordance with its Privacy Policy, available on the Platform, which is incorporated into these Terms by reference. EMRGED does not sell personal information to third parties.

13. Modifications to These Terms

EMRGED may update these Terms from time to time. Updated Terms will be posted on the Platform with a revised effective date.

Material changes: We will give registered users at least thirty (30) days’ notice by email before any change that materially affects their rights or obligations takes effect. If you do not agree with the change, you may close your account and cancel your subscription before the change takes effect, without any cancellation fee.
Minor changes: Changes that do not disadvantage you, such as correcting errors, clarifying wording, or updating contact details, may take effect when posted.

If you continue to use the Platform after a change takes effect, you will be taken to have accepted the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia, unless otherwise required by applicable consumer protection law.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, the EMRGED Subscription Agreement (for subscribers), and any separate written agreement signed by you and EMRGED (such as a Brand Ambassador Agreement), make up the entire agreement between you and EMRGED about your use of the Platform. They replace any earlier understandings about the same subject matter, other than those documents.

If there is any inconsistency between these documents, they apply in the following order, with the earlier document prevailing to the extent of the inconsistency:

any separate written agreement signed by you and EMRGED;
the EMRGED Subscription Agreement;
these Terms.

17. Contact

For questions, complaints, marketing opt-outs, or reports regarding conduct on the Platform, please contact:

EMRGED Pty Ltd

ACN 702 217 463 | ABN 81 702 217 463

Email: legal@emrged.com

Website: www.emrged.com

This document does not constitute legal advice. You should seek independent legal advice as appropriate.