1. About our terms and conditions
1.2 By accessing or using this Site you agree to be bound by, and comply with, these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.3 We may update these terms from time to time in accordance with clause 15.3 below.
2. About us
2.1 The Site is operated by Gems Agency Limited t/a Creative Casting (“we”, “us” or “our”). We are a company registered in England and Wales under company number 08411777 and have our registered office at Studio 5, 5 Stangate House, Stanwell Road, Penarth, Wales, CF64 2AA. References to us in these terms also include our group companies from time to time.
3. Using the Site and restrictions on use
3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
3.4 As a condition of your use of the Site, you agree:
3.4.1 not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law; and
3.5 In addition, your right to use the Site does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Site, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Site, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.
3.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer, or any applicable law.
4. Account and password
4.1 In order to use certain features of the Site you may be required to create and manage an account on the Site (an “Account”). Accounts may be created on the Site by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.
4.2 You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us.
5. Submission standards
5.2 If any of your personal details including your appearance change, you will provide details of such change, including appearance change, skill change, by sending an email to [email protected] at your earliest convenience.
5.3 We will not be responsible, or liable to any third party, for the content or accuracy of any information submitted to or available on the Site that is posted by you or any other user of the Site.
5.4 We have the right to disclose your identity to any third party who is claiming that any information posted or uploaded by you to Site constitutes a violation of their rights, including their Intellectual Property Rights (as defined in clause 10 below) or their right to privacy.
6. Disclaimer, accuracy of information and availability of the Site
6.1 We may update the Site from time to time, and may change the content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.
6.2 The Site is provided on an “as is” basis and we make no representations, warranties or guarantees, whether express or implied, that the information on the Site is accurate, complete or up-to-date. This information is not intended to constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information on our Site. Any reliance that you may place on the information on the Site is at your own risk.
6.3 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.
6.4 Access to the Site is permitted by us in our sole and ultimate discretion. We may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
7.2 Your use of a third party site may be governed by the terms and conditions of that third party site. It is your responsibility to ensure you are happy with such third party terms and conditions.
7.3 You may link to the Site from another site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
8. Ownership and use of your data
8.1 You are solely responsible for the accuracy and reliability of any data entered or uploaded to the Site by you while using our services (“your Data”).
8.2 You retain ownership of your Data and all rights therein. Nothing in these T&Cs grants us, or transfers to us, any legal rights in your Data other than as necessary for us to process your Data in accordance with our T&Cs, for example to provide you with access to the Site and any services made available through it. Subject to clause 8.3 below, we will only use your Data for these purposes.
8.3 We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.
8.4 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable. While we value your feedback, you agree not to submit any such information.
9. Ownership and use of intellectual property rights
9.3 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.
10.1 We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
10.2 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
11. Limitation of our liability
11.2 Subject to clause 11.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.
11.3 Subject to clause 11.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site, or with reliance on any content displayed on the Site. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.
12. Data protection
13. General legal terms
13.1 Events beyond our control – We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you, and give you certain information required by law about the options available to you.
15. Applicable law
GENERAL TERMS AND CONDITIONS FOR CONTRACT 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
The reasonable assessment of the cost of administering and maintaining the Artists profile amounting to £30 per annum and deducted from the Artists first earnings received after 1st January each year.
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.
15 % plus VAT of the Artist’s Earnings paid to Artist following a Booking for Film/TV productions and 20% plus VAT for all other Bookings such as advertising, internet and such like.
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:
(a) provide the Agency Services in accordance with the terms of this Agreement;
(b) negotiate in good faith on behalf of the Artist with the objective of obtaining the best available terms for
(c) not enter into any binding agreement on behalf of the Artist without their prior consent;
(d) provide the Artist with guidance and advice specific to the Entertainment Industry, this may relate to obtaining a DBS certificate if required;
(e) distribute the Profile to any interested party with the objective of furthering the Agency Services;
(f) update the Profile reasonably frequently;
(g) use commercially reasonable efforts to collect the Artist’s Earnings from Third Parties;
(h) 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:
(a) 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;
(b) warrants that all information provided to the Agency under this Agreement is true and accurate;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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 The Artist may cancel this Agreement by notifying The Agent within 30 days of first signature of the Contract. Note: The Agreement is a rolling contract from first signature, but the Agreement may be re-signed from time to time to confirm any amendments.
8.2 Following the initial twelve-month term the Agreement may be cancelled by either party by giving 28 days’ notice in writing.
8.3 This Agreement shall terminate forthwith upon service of written notice to that effect by the other party:
(a) 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;
(b) 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;
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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
(a) the information supplied to Creative Casting in any application documents or from time to time is correct;
(b) 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
(c) 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:
(a) any failure by the Artist to comply with its obligations under these Terms;
(b) any negligent or fraudulent act or omission by the Artist;
(c) the disclosure by the Artist of any Confidential Information;
(d) any employment-related claim brought by the Artist in connection with the Assignment or otherwise; or
(e) 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:
(a) 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;
(b) 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.