TERMS & CONDITIONS HC
1. TERMS AND APPLICATION
1.1.1 By completing and submitting this application you agree to be bound by the terms of this agreement, and to comply with instructions given to you either in the guide or otherwise by any member of staff of Harmony Casting LTD;
1.1.2 You agree that you don’t have any unspent criminal convictions other than driving convictions and that you are not on the sex offenders register;
1.1.3 You agree to cooperate with any request from any production company to obtain a criminal records check;
1.1.4 You agree that either you are not knowingly allergic to any make-up or prosthetics, or you have informed us in writing;
1.1.5 You confirm that there are no material facts which you consider ought to be disclosed and could be pertinent to your engagement, or likely to cause illness, injury or damage to yourself or others, or you have informed us in writing of such facts;
1.1.6 You confirm that you are legally entitled to work in the UK;
1.1.7 You agree that we may publish your details (including your photographs) on your online profile, include your details on our website and any other materials, and forward your details to any production companies or any other client of Harmony Casting LTD (referred to as “the Production Companies”) and to contact you with offers of bookings and details of other productions we are casting for, and about other services related to your bookings.
2. ONLINE PROFILE
2.1.1 If you are accepted onto our books, You must provide complete accurate responses to all the information requested on this form including at least one recent headshot (we refer to this information as (“Your Details”);
2.1.2 We reserve the right to refuse your application or remove you from our books for any reason we see fit.
2.1.3 For the avoidance of doubt if we refuse your application or we remove you from our Books this contract will automatically terminate;
2.1.4 Following approval you will be included in our Books for a term of one (1) years, commencing on the date of approval. This term will automatically expire one (1) years following the commencement date regarding this renewal of the Term, However, The Client will remain under contract with the Agency beyond this period if undertaking an ongoing Assignment(s) until the completion of that Assignment(s) or any further associated Assignment(s) in full. The Client agrees to complete any Assignment(s) with the agency that has been started in any form, verbally/ written / email etc., and may not continue the Assignment(s) with a different agent/agency or by self/parent/guardian, or any other form, of representation
2.1.5 Once we accept your application, you will have appointed Harmony Casting LTD to act as your agent in finding you bookings as a Model, Actor, Singer, Dancer, extra, background artiste, walk-on artist, or other similar work (referred to as “ The Bookings”) with Production Companies in accordance with the terms and conditions of this agreement. For the avoidance of doubt, You are not in any circumstances engaged as an employee or contractor of Harmony Casting LTD;
2.1.6 While we endeavour to find Bookings for everyone on our Books, we make no guarantee that we will be able to offer you any bookings at any time.
3. YOUR DETAILS, DATA AND PRIVACY
3.1.1 You are responsible for the accuracy of all your details you provide to us in your application and keeping your details up to date. You can contact us at any time to update your details. If we discover that any of your details are materially inaccurate we reserve the right to remove you from our books and terminate this contract;
3.1.2 You must ensure that all physical descriptions and measurements are accurate and are kept up to date and your photographs accurately represent how you look. If you fail to do so, this may result in your being sent home from a booking unpaid;
3.1.3The Agency has the right to represent the Client in any promotional/advertising capacity. The Client agrees that any document, in any media, created, produced or published by the Agency cannot be used by any other individual or company without prior written consent of the Agency
3.1.4 You must also ensure that your bank account details are correct and kept up to date as we pay your fees by BACS to this account. We are not responsible for retrieving any payment we make to the latest bank account details you have provided to us;
3.1.5 If we do not accept you on to our Books, we may retain your details for up to 3 years so that we can contact you from time to time about ad hoc bookings which may be of interest to you;
3.1.7 We will keep an archive of your details for so long as you remain on our books and for a period of one (1) year retention period thereafter.
4. FEES & COMMISSION
4.1.1 We will deduct the agency's fees of a commission from all fees you receive for Bookings which we arrange for you (referred to as “our Commission”).
4.1.2 Commission charges are as follows: Earnings under £300 = 15% commission. Earnings above £300 = 20% commission.
5.1.1 From time to time we may contact you to offer you Bookings. We are not obliged to offer you any Bookings at any time. You are not obliged to accept any Booking offered to you. Once you accept a booking you must keep yourself free for the whole of that day. This applies even where a booking is for only part of a day, for example for a costume fitting.
5.1.2 If for any reason you do become unavailable for a Booking you have accepted; you must contact the person at Harmony Casting LTD who booked you for that job as soon as possible. If out of hours please send a text to Maria 07824358881 or alternatively email the agency on firstname.lastname@example.org.
If you fail to turn up for any Booking without good reason, we may remove you from our Books.
5.1.3 Under this agreement you will agree to be under exclusive contract once we have submitted you for consideration and you have been booked to appear for any tv show via either social media or email.
5.1.4 If you are accepted onto any show via Harmony Casting Ltd you will be classed as exclusive and any earnings made will be subject to the commission fee .in 4.1.2. you are also obliged in this instance to notify Harmony Casting Ltd of any collaborations for any type of work in which a commission may be payable . If you are introduced to a Social Media Role by Harmony Casting Ltd you cannot do the following: 1) Work for any other agencies on the app 2) Request to work with another agency 3) Set up another agency or have any involvement with a family member or friends agency, when you have been introduced to the earning potential by Harmony Casting Ltd.
5.1.4. Production Companies are entitled to cancel any Booking without charge up to 5.30 pm the day before the Booking. We will notify you as soon as practicable after we receive notice of cancellation of your booking. You must comply with the instructions set out.
5.1.5 When you have accepted a Booking, if you do not re-confirm your availability to us by email, text or telephone on the day before a Booking, before 6pm, we are entitled to replace you without further notice to you. This means that the production may not allow you on set and you will not be paid.
6. YOUR ENGAGEMENT
6.1.1 I authorise Harmony Casting to sign any written documents/TV contracts relating to any job that Harmony Casting may have secured and negotiated for me. I confirm that I will not sign any documents or release forms relating to bookings without first consulting Harmony Casting. I understand that if I sign any document/release form without agreeing it first with Harmony Casting that I cannot hold Harmony Casting responsible for any loss of income.
6.1.2 It is solely the Client’s responsibility to finance travel to auditions unless stated otherwise.
6.1.3 Your engagement on any Booking is subject to a separate contract with the Production Company. Some Production Companies may require you to sign a written contract with them, others may not require any formalities.
6.1.4 You must arrive at the production location by the call time you are given. If you are late the production may not allow you on set and you will not be paid.
6.1.5 While you are on set (or on any transportation to set provided by the production company) you must; be professional and courteous at all times; not make any film or sound recording or take any photographs; comply with any rules and regulations set by the Production Company; and follow any instructions given to you.
6.1.6 If your behaviour on set (or on any transportation to set provided by the production company) is considered by us or the Production Company as unacceptable or inappropriate, including your behaviour towards any member of Harmony Casting LTD or any production staff member, or if you misrepresent Harmony Casting LTD in any way, you may be required to leave the set, the Production Company may not pay you for the Booking, and we reserve the right to remove you from our Books and online profile.
6.1.7 While you are on set (or on any transportation provided by the production company) Harmony Casting LTD is not liable if you are injured (unless it is caused by our negligence) or for any loss of, damage or theft of any of your personal possessions, This also applies to any parent/guardian who may be travelling and/or attending with a child. The Production Company is responsible for taking out personal injury insurance to cover you while you are on set.
6.1.8 If the production company asks, you must sign a release form (this permits the Production Company to use images, films and recordings of you). The production company may not pay you if you do not sign this form. You also authorise us to sign any release form requested by a production company on your behalf. If you fail to sign a release form on the day, we may sign it on your behalf, to ensure that you get paid.
6.1.9 If you have any problems or queries when you are on set, You must contact Harmony Casting LTD and not the Production Company. If necessary we will raise this with the Production Company on your behalf. Of course, if there is any immediate risk to anyone’s health or safety you should immediately raise this to the appropriate person on set.
7.1.1 Important: The work you do on any booking is strictly confidential, and you must not disclose any details to any person. For example you must not make any film or sound recording or take any photographs while on any set;
7.1.2 You must not contact any journalist, newspaper, magazine or other publication about any production you have worked on;
7.1.3 You must not post any comments or photographs on any website, blog or social networks about any production you have worked on (this includes Facebook and Twitter, Instagram and Snapchat). If you breach this clause we will immediately remove you from our books and Online Profile;
8.1.1 You authorise Harmony Casting LTD to receive all fees from Production Companies for your Bookings, on your behalf. These fees will be deposited into our client account.
8.1.2 Within 10 working days of our receiving your fees (this is normally six weeks after you have completed the Booking, but is sometimes longer depending on the Production Company) we will deduct our commission then pay the balance of the payment directly into your bank account by BACS. We will also email you your remittance. Please note: We only send remittances by email.
8.1.3 Harmony Casting LTD cannot pass payment from a Production Company on to you until the Production Company has made payment to us. If a Production Company fails to pay us, we will chase them for payment on your behalf. You authorise us to issue proceedings against any Production Company for unpaid fees on your behalf. However Harmony Casting LTD is not liable to you for any fees which a Production Company fails to pay.
8.1.4 If you receive any fees directly from the Production Company, Harmony Casting LTD is entitled to invoice you for our commission.
8.1.5 On some TV and film productions you will be given a salary voucher (a chit) at the beginning of each filming day. It is your responsibility to keep hold of this, make sure it is signed at the end of each day by an appropriate member of the Production Company, and return it to the production company. You will receive a copy of your salary voucher which you must keep as proof that you worked that day. The Production Company may refuse to pay your fees if it does not receive a signed salary voucher at the end of the day and we are entitled to invoice you directly for our Commission on the fees you would have been paid.
8.1.6 If the Production Company does not provide you with a salary voucher (chit) it is your responsibility to keep a record of all times and dates that you worked. If you work overtime, you must email details of this to your contact at Harmony Casting LTD the next day. If you do not, you may not receive payment for this.
9. TAXES AND NATIONAL INSURANCE
9.1.1 For tax purposes you are considered self employed. You are therefore responsible for paying your own income tax and completing your own annual tax return. For more details please contact your local tax office.
9.1.2 From 6th April 2014 you are also considered self employed for National Insurance purposes. You will no longer have a Class 1 National Insurance deduction from your payment and you will receive all payments without National Insurance deductions. You will be responsible for paying Class 2 National Insurance and where applicable Class 4 National Insurance which will be payable along with your self assessment income tax. This applies to all payments made to you after 6 April 2014. Under no circumstances are you considered an employee of Harmony Casting LTD.
9.1.3 You may be considered exempt from National Insurance if you are of retirement age and have a valid exemption certificate.
10.1.1 You may terminate this contract at any time by providing us with 30 days written notice. You or we may terminate this contract at any time by serving written notice on the other, if the other is in material or persistent breach of this contract. In both cases, we will immediately cancel all Bookings which were due after termination.
10.1.2 On expiry or termination we will immediately remove you from our Books. We will continue to pay you any fees paid by Production Companies (after deducting our Commission) which we receive after termination for Bookings you attended prior to termination.
10.1.3 Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date.
10.1.4 There is a cooling off period of 30 days from the start of the contract.
11.1.1 You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.
11.1.2 We may update the guide which will be available on our website, but without specific notice to you. Otherwise, this agreement may be varied by us on 30 days' written notice to you. If you or we fail to require the performance of any terms of this contract or you or we waive any breach of this contract, this will not prevent you or we later enforcing such term, nor be deemed a waiver of any subsequent breach of this contract.
11.1.3 Should any provision of this contract be declared invalid for any reason, such a decision will not affect the validity of any remaining provisions which will remain in force and effect. In those circumstances, we are entitled to replace the invalid provision with a provision of similar or equivalent economic effect, by written notice to you.
11.1.4 Nothing in this contract is intended to or shall operate to create a contract of employment, partnership or joint venture of any kind between you and us, or to authorise you to act as our agent. You shall not have authority to act in the name or on behalf of or otherwise bind Harmony Casting LTD in any way.
11.1.5 Whilst under this contract any sum of money is payable or recoverable from you and due to us, then we may deduct or set-off the amount of such sum from any fees we receive on your behalf, and we will notify you that we have done this.
11.1.6 Nothing in this contract confers any rights or benefits on any person or legal entity other than you or us. This contract constitutes the entire agreement and supersedes all previous verbal or written agreements between you and us. Except for the information you provide to us in your application, or otherwise as expressly stated in this contract, neither you nor us have relied upon any statement or representation made by the other in entering into this contract;
This contract, all matters regarding the interpretation or enforcement of it, and any other matters or disputes arising in connection with it shall be governed by English law and you and we hereby submit to the exclusive jurisdiction of the English courts.