GEMS CASTING LIMITED T/A CREATIVE CASTING: TERMS AND CONDITIONS FOR PRODUCTIONS
The following are the terms and conditions (hereinafter called “these Terms”) between you, our Client, as an individual, Production Company, or such an organisation, and Gems Casting Limited T/A Creative Casting (Creative Casting), in relation to us providing you with Supporting Artists (SA’s).
These Terms govern your relationship with Creative Casting and will apply in respect of each Booking.
Creative Casting may vary these Terms from time to time and you shall be notified separately of any such variations.
The parties hereby agree as follows:
Creative Casting is acting as an Employment Agency in accordance with the Employment Agencies Act 1973 and the conduct of Employment Agencies and Employment Businesses Regulations 2003.
All artistes’ employment status will be dependent upon the specific contract/release form with the production company. Artistes will not be employees of Creative Casting in any way. Creative Casting is an agency acting on behalf of the artistes.
Artistes are self-employed for tax and National Insurance and therefore responsible for dealing with their own NI contributions and Income Tax. On occasion when artistes are contracted to a production for a longer period of time, they may be treated as a PAYE employee of the production. Creative Casting reserve the right to invoice for and up to 20% of the artist’s earnings depending on the production type.
No job can proceed without The Creative Casting receiving an emailed Production Company agreement with the invoicing details filled in.
In the absence of such an agreement the Production Company is deemed to have full knowledge of these terms which are to be applied to the booking.
Types of assignment
Film and TV
All work will be paid under the relevant agreement, either BBC/Equity, ITV/Equity, PACT/Equity or FAA/PACT agreement.
All photographic jobs will be paid at an agreed rate. Either hourly, half day or full day, plus appropriate usage fee.
All commercials will be for a 10-hour day (inc. an hour for lunch) and overtime will be paid at a fifth of the daily rate per hour, unless otherwise agreed. A special rate will be negotiated for night work. All featured artistes will be entitled to repeat fees or an equivalent usage fee dependent on the number of TVRs.
All pop promos will be for a 10-hour day (inc. an hour for lunch) and overtime will be paid at a fifth of the daily rate per hour, unless otherwise agreed. A special rate will be negotiated for night work. All featured artistes will be entitled to repeat fees or an equivalent usage fee.
All Corporates will be for a 10-hour day (inc. an hour for lunch) and overtime will be paid at a fifth of the daily rate per hour, unless otherwise agreed. A special rate will be negotiated for night work. All featured artistes will be entitled to repeat fees or an equivalent usage fee.
All promotions jobs will be paid at either a 5 hour or 10 hour rate. After 10 hours overtime will be paid at a fifth of the daily rate, per hour unless otherwise agreed.
All Voiceover work will be paid at an agreed hourly rate.
On all Non Union agreements a travel payment will be added. Where this sum is not agreed prior to the booking a charge of 45p per mile per day e/w will be paid.
If an assignment deems it, usage fees shall be put in place. Worked out in accordance to union agreements, we can happily negotiate usage fees with your production. All intended usage fees should be agreed before any job commences. If an upgrade occurs on set or in post-production, we reserve the right to re-negotiate a usage fee where appropriate.
Health and Safety
On set booked Artistes are the responsibility of the production company (the employer). The production company must have suitable employer’s liability and public liability in place to cover Artistes. Health and Safety is of paramount importance and is the responsibility of the production company (the employer). It is essential that working practices are maintained at all times. A failure to comply with Health and Safety regulations shall constitute a material irremediable breach of this agreement. Relevant Health and Safety information must be relayed to the Artiste in line with the Employment Agencies Act 1973.
If a booking is cancelled after 5.30pm the day before an assignment, a cancellation fee will be charged of the basic daily rate.
All payments must be made to Creative Casting to our client account. If an artiste is paid directly Creative Casting reserve the right to still invoice the production company.
All late payments will be subject to a surcharge of 10%. A payment is deemed late after 14 days from the invoice date. Legal action will be taken to recover all unpaid invoices.
Creative Casting will obtain documentary evidence of each individual’s eligibility to work in the UK and a copy of each individual’s passport or photographic id prior to their work on the project