GEMS CASTING LIMITED T/A CREATIVE CASTING: TERMS AND CONDITIONS FOR ARTISTS
The following are the terms and conditions (hereinafter called “these Terms”) between you, as an Artist, and Gems Casting Limited T/A Creative Casting (Creative Casting), in relation to finding opportunities for you to work as a Supporting Artist for Production Companies.
These Terms govern your relationship with Creative Casting and will apply in respect of each Assignment. By registering with Creative Casting (and subsequently upon your acceptance of any Assignment) you are deemed to have accepted these Terms.
Creative Casting may vary these Terms (including the rates payable hereunder) from time to time and you shall be notified separately of any such variations.
The parties hereby agree as follows:
The terms used throughout this Agreement shall have the following meanings:
Employment Agencies Act 1973
an artist introduced by Creative Casting to the Production Company to provide services as a Supporting Artist to the Production Company.
“Artist Payment Voucher”
written or electronic confirmation of the detail of a particular Assignment to be given to the Artist on acceptance of an Assignment and which in most cases shall be completed to evidence the hours worked by the Artist on an Assignment.
“Cooling Off Period”
a thirty day (30) period from the date on which the Agreement is signed by the Client.
15% of TV/Feature Film work and 20% of editorial/commercial work of the Artist’s Earnings will be paid to the Agency following any Booking.
the Disclosure and Barring Service or such other body as may from time to time be responsible for processing criminal records check.
any action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding.
work as a Supporting Artist for a Production Company, as more particularly described in the relevant Artist Payment Voucher.
the production company (or such other person, firm, partnership or company) Creative Casting is engaged by to introduce the Artist for the purposes of fulfilling an Assignment.
“Rate of Pay”
the rate of pay that will be paid to the Artist in respect of each Assignment and which shall be notified to the Artist separately but shall usually be in accordance with prevailing rates agreed between Production Companies and actors unions from time to time but which may be varied by agreement with the Artist.
any third party which Books the services of the Artist.
2. APPOINTMENT AND RESERVATIONS
2.1 The Agency is operating as an employment agency as defined in the Act and the Regulations, which seeks to find opportunities for you to work as a Supporting Artist in films, television programmes, commercials and such other productions as may be appropriate.
2.2 Without prejudice to the remaining provisions of this Agreement, the Artist reserves the right to accept or refuse any potential Engagement or any particular term of it providing that the Artist states this to the Agent in unambiguous terms prior to entering into or authorising the Agent to enter into a contract with any Third Party.
2.3 The Artist agrees that Creative Casting are authorised to find work for the Artist as a Supporting Artist, and enter into contracts on the Artists’ behalf, but will only enter into any such contract(s) once the Artist has agreed with Creative Casting to accept an Assignment.
2.3 The Artist irrevocably authorises the Agency to sign agreements for Bookings on behalf of the Artist and to receive Artist Earnings.
3.1 Creative Casting will endeavour to find suitable Assignments for the Artist to perform work as a Supporting Artist on films, television programmes, commercials and such other productions as may be appropriate. Creative Casting is not obliged to offer an Assignment to the Artist and the Artist shall not be obliged to accept any Assignment offered by Creative Casting.
3.2 The Artist acknowledges that the nature of temporary work as a Supporting Artist means that there may be periods when no suitable work is available. The Artist agrees that suitability of an Assignment shall be determined solely by Creative Casting and that Creative Casting shall incur no liability to the Artist should it fail to offer any work.
4. AGENT’S OBLIGATIONS
4.1 During the Term and subject to the performance by the Artist of the Artist’s obligations under this Agreement, the Agency shall:
- provide the Agency Services in accordance with the terms of this Agreement;
- negotiate in good faith on behalf of the Artist with the objective of obtaining the best available terms for each Engagement;
- not enter into any binding agreement on behalf of the Artist without their prior consent;
- provide the Artist with guidance and advice specific to the Entertainment Industry, this may relate to obtaining a DBS certificate if required;
- distribute the Profile to any interested party with the objective of furthering the Agency Services;
- update the Profile reasonably frequently;
- use commercially reasonable efforts to collect the Artist’s Earnings from Third Parties;
- promptly pay to the Artist all Net Artist Earnings;
5. ARTIST EARNINGS AND COMMISSION
5.1 The Agency is authorised to receive Artist Earnings from engagements. In consideration of the Agency Services provided by the Agency to the Artist under this Agreement, the Artist agrees to pay Commission to the Agency.
5.2 The Agency shall be entitled to charge an Administration Fee from time to time in respect of the preparation and updating of the Profile and its inclusion in a Publication provided that such fee is no more than a reasonable estimate of the cost of the inclusion of the Profile.
5.3 Commission shall be payable by the Artist to the Agency in respect of all Engagements including those the Booking of which occurred prior to the expiry or termination of this Agreement.
5.4 In the event that Artist Earnings are paid direct to the Artist by a Third Party, the Agency shall be entitled to invoice the Artist in respect of the Commission due.
5.5 Net Artist Earnings are held by the Agency as trustee for the Artist.
5.6 To the extent that any additional fees or charges apply, these shall be notified to the Artist separately.
5.7 Registration Fees, Commission and any fees or charges referred to above shall be deducted from any sums owed by Creative Casting to the Artist and may be varied by Creative Casting from time to time.
5.8 Subject to the Artist submitting properly authorised time sheets, chits or completed Artist Payment Vouchers in accordance with clause 7, the Artist shall be entitled to receive the Rate of Pay not later than 10 days from the date on which payment is received from the Production Company. The Rate of Pay will be set out in the relevant Artist Payment Voucher for a particular Assignment.
5.9 The Artist is not entitled to receive payment from Creative Casting or the Production Company for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason.
6. ARTIST’S OBLIGATIONS
During the Term the Artist:
shall faithfully carry out their obligations under any contract entered into for the provision of their services and do so to the best of their skill and ability and to act at all times in a professional and courteous manner, which includes attending assignments punctually, and adhering to the Agency’s Code of Conduct;
- warrants that all information provided to the Agency under this Agreement is true and accurate;
- acknowledges that the only payment the Artist is required to make to the Agency during the Term is the Administration Fee, and in exceptional circumstances, Commission where Artist Earnings are paid direct to the Artist by a Third Party;
- acknowledges that the Agency is not able to guarantee that Bookings will be secured and that no representations have been made to the Artist that Bookings will be forthcoming;
- agrees that the Artist’s photograph and likeness, together with all other material supplied by the Artist to the Agency may be used in the Profile and the Publication which may be distributed in all media and by all manner and means now known or invented in future;
- shall indemnify and keep indemnified the Agency at all times from and against all actions, claims, proceedings, demands, costs (including legal costs) awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Artist of the Artist’s obligations, undertakings or warranties set out in this Agreement;
- agrees to make known to the Agent any relevant convictions, be criminal or otherwise that would be deemed as detrimental to working within the industry.
7. TIME SHEETS/CHITS/COMPLETED ARTIST PAYMENT VOUCHERS
7.1 During the course of an Assignment the Artist shall periodically (usually daily) deliver to Creative Casting completed time sheets, chits or Artist Payment Vouchers (whichever is applicable to the Assignment) indicating the number of hours worked and signed by an authorised representative of the Production Company.
7.2 Where the Artist fails to submit a properly authorised time sheet, chit or Artist Payment Voucher any payment due to the Artist may be delayed while Creative Casting investigates (in a timely fashion) what hours, if any, were worked by the Artist. The Artist shall not be entitled to any payment for hours not worked.
7.3 The Artist acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, chit or Artist Payment Voucher, for example by claiming payment for hours that were not actually worked.
8.1 This Agreement shall terminate forthwith upon service of written notice to that effect by the other party:
- if either of the parties fails to comply with any material terms of this Agreement and such failure, if capable of remedy, is not remedied within 14 days of receipt of a written notice of such failure from the other party;
- if the Agent goes into liquidation either compulsory or voluntary or a receiver is appointed in respect of the whole or any part of his assets or any judgement is made against the Agent;
8.2 The expiry or termination of this Agreement shall be without prejudice to any rights and remedies which have already accrued to either of the parties under this Agreement. Commission and Administration Fees which have fallen due shall continue to be payable.
8.3 Creative Casting, the Production Company or the Artist may terminate any Assignment at any time without prior notice or liability. Where an Assignment or an Artist’s relationship with Creative Casting is terminated on the instigation of a Production Company or Creative Casting, Creative Casting shall endeavour to give the Artist reasons for termination however this shall not always be possible and the Artist shall not be entitled to any such reasons.
8.4 The Artist acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Artist and the Production Company. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Artist, except for payment for work done up to the date of termination of the Assignment.
8.5 Unless exceptional circumstances apply, the Artist’s failure to inform the Production Company or Creative Casting of their inability to attend work will be treated as termination of the Assignment by the Artist.
8.6 If the Artist is absent during the course of an Assignment and the Assignment has not otherwise been terminated, Creative Casting will be entitled to terminate the Assignment in if the work which the Artist was supplied to do is no longer available for any reason (including if a replacement for the Artist has been found).
9. FORCE MAJEURE
9.1 Save for either party’s payment obligations, the obligations of the parties shall be suspended for the duration of the event in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties (“Force Majeure Event”). The affected party shall notify the other immediately in writing giving details of the Force Majeure Event.
9.2 Upon the occurrence of a Force Majeure Event, all sums payable under this Agreement shall become immediately due.
9.3 In the event that a Force Majeure Event continues for a period of thirty consecutive days, either party may terminate this Agreement on seven days written notice.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Artist acknowledges that all Intellectual Property Rights deriving from services carried out by the Artist for the Production Company during the Assignment shall belong to the Production Company. Accordingly, the Artist shall execute all such documents and do all such acts as Creative Casting or the Production Company shall from time to time require in order to give effect to the Production Company’s rights pursuant to this clause 10.
10.2 The copyright in photographs taken by Creative Casting of the Artist shall be owned exclusively by Creative Casting and may not be copied by the Artist without written permission.
In order to protect the confidentiality and trade secrets of Creative Casting and the Production Company, the Artist agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Production Company or Creative Casting as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Production Company or Creative Casting;
(b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Production Company or the Artist except when required to do so in the course of the Artist’s duties in respect of an Assignment, in which circumstances such copy abstract or summary would belong to the Production Company or Creative Casting, as appropriate.
12. DATA PROTECTION
12.1 The Artist consents to Creative Casting and the Production Company and any other intermediary involved in finding work for the Artist or supplying the services of the Artist to the Production Company holding and processing data relating to them for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998 relating to them including, as appropriate:
(a) information about their physical or mental health or condition to take decisions as to their fitness for work;
(b) their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
(c) information relating to any criminal proceedings in which they have been involved for insurance purposes and to comply with legal requirements and obligations to third parties;
(d) information relating to their age, race, sex and physical appearance, required to judge their suitability for specific roles.
12.2 The Artist consents to Creative Casting and the Production Company or any intermediary involved in finding work for the Artist or supplying the Artist’s services to the Production Company making such information available to the Production Company, those who provide products or services to Creative Casting (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Creative Casting or any part of its business.
12.3 The Artist consents to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Terms.
13. WARRANTIES AND INDEMNITIES
13.1 The Artist warrants that:
- the information supplied to Creative Casting in any application documents or from time to time is correct;
- the Artist is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or Production Company) or any other reason, from fulfilling the Artist’s obligations under these Terms; and
- the Artist has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
13.2 The Artist shall indemnify and keep indemnified Creative Casting and the Production Company against all Demands (including legal and other professional fees and expenses) which Creative Casting or the Production Company may suffer, sustain, incur, pay or be put to arising from or in connection with:
- any failure by the Artist to comply with its obligations under these Terms;
- any negligent or fraudulent act or omission by the Artist;
the disclosure by the Artist of any Confidential Information;
- any employment-related claim brought by the Artist in connection with the Assignment or otherwise; or
- the infringement by the Artist of the Production Company’s Intellectual Property Rights.
13.3 The Artist acknowledges that Creative Casting shall not be responsible for and shall not be in a position to exert any level of control or influence over the treatment of the Artist (whether by a Production Company, a representative of a Production Company or any other third party) during the course of an Assignment. As such, Creative Casting shall not be liable to the Artist for any Demand arising as a result of any act or omission by a Production Company, any representative of a Production Company, or any other third party. For the avoidance of doubt, this clause shall not exclude or limit Creative Casting’s liability for its negligence or negligent omission which causes the Artist personal injury or results in death.
14. LIMITATION OF LIABILITY
14.1 The Agency shall not be liable to the Artist for any indirect, special or consequential loss or damage, loss of profits, turnover, business opportunities or damage to goodwill.
14.2 The Agency’s total aggregate liability to the Artist under this Agreement shall not exceed 100% of the Commission received by the Agency in the 12 months immediately preceding the event giving rise to liability.
15.1 The Artist is self-employed and nothing in these Terms shall render the Artist an employee, worker, agent or partner of Creative Casting or the Production Companies and the Artist shall not hold themselves out as such. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
15.2 The Artist shall be fully responsible for and shall indemnify Creative Casting and any Production Company in respect of:
- any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with payments made hereunder or in respect of any Assignment The Artist shall further indemnify Creative Casting and any Production Company against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Creative Casting or any Production Company in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;
- any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Artist against Creative Casting or any Production Company arising out of or in connection with any Assignment.
15.3 Creative Casting may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Artist.
16. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties as to the subject matter thereof and supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the commencement date.
17. THIRD PARTY RIGHTS
A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
This Agreement and all rights under it may be assigned or transferred by the Agency.
Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post and shall be deemed to have been received by the addressee within 48 hours of posting.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof and, to that extent, the provisions of this Agreement shall be severable.
21. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of England and Wales and the courts in Cardiff, Wales shall have exclusive jurisdiction over any dispute arising out of, or in connection with, this Agreement.