Terms and Conditions 2018
While completing this form you’ll be asked to agree to our our terms and conditions, this includes agreement that you are legally entitled to work in the UK and that you don’t have any unspent criminal convictions:
1. Please read the terms and conditions below carefully as together they form the binding contract (referred to as this “contract”) between you (referred to as “you” or “your”) and Island People Agency (referred to as “Island People Agency” or “we”, “us” or “our”).
2. By submitting your application to be registered as an artiste with Island People Agency you agree to be bound by this contract. If there is anything you do not understand in these terms and conditions or your guide do contact us.
THIS IS NOT AN EXCLUSIVE CONTRACT YOU ARE FREE TO WORK FOR OTHER COMPANIES INCLUDING AGENCIES.
3. We may update the guide from time to time, for example where the requirements of production companies change, so please check it regularly.
4. You can apply to be included on our website and books by submitting the online application form. You must provide complete and accurate responses to all the information requested on this form including two suitable photographs (one head and shoulder, one full length shot of yourself only) taken no more than 6 months previously (we refer to this information as “your details”). www.facebook.com/iowagency
5. Important: by making an application:
• You agree to be bound by this contract, and to comply with instructions given to you either in the guide or otherwise by any member of staff of Island People Agency.
• 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.
• You agree to co-operate with any request from any production company to obtain a criminal records check.
• You agree that either you are not knowingly allergic to any make-up or prosthetics, or you have informed us in writing.
• 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.
• You confirm that you are legally entitled to work in the UK.
• You agree that we may publish your details (including your photographs if suitable) in the electronic casting book, include your details on our website and any other materials, and forward your details to any production companies or any other client of Island People Agency (referred to as “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.
6. You are not officially registered with Island People Agency until we receive all relevant document from you;
· A valid National Insurance number & full rights to work in the UK (with the necessary documentation to evidence this).
Photographic evidence in the form of a copy of your passport.
Have (or be willing to obtain) a valid Basic Disclosure certificate. https://www.gov.uk/dbs-update-service
Island People Agency (the Agency) is committed to working in line with the Code of Conduct now in common use across the industry. The Code of Conduct requires that all Artistes who are working on any production which involves (or could at some point involve) working with children and/or persons under the age of 18 at any stage during production, will be required to obtain a Basic Disclosure check, to verify the Artiste’s suitability for work of this nature.
7. Once you have been approved you will be included in our casting book for 1 year from approval date. This contract will automatically expire on that date. We may contact you prior to that date regarding renewal.
8. Important: By applying you are not automatically included in our electronic casting book, and we reserve the right to refuse your application or remove you from our casting book, for any reason. For the avoidance of doubt, if we refuse your application or we remove you from our electronic apcasting book this contract will automatically terminate.
9. Important: Once we accept your application, you appoint Island People Agency to act as your agent in finding you bookings as an extra, background artiste, walk-on artist, or other similar work (referred to as “bookings”) with production companies in accordance with this contract. You are not in any circumstances engaged as an employee or contractor of Island People Agency.
10. Important: While we endeavour to find bookings for everyone in our casting book, we make no guarantee that we will offer you any bookings at any time.
YOUR DETAILS AND DATA PRIVACY
11. It is expected that all of the details the artiste has given to the agency, such as qualifications, skills, experience and other relevant information, are correct. The artiste must inform the agency immediately should there be any change to the information that has been submitted, including any change in appearance, as this may have a bearing on the artiste’s ability to fulfil an assignment.
At Island People Agency we have a firm commitment to industry policy, legislation and good practice and we take your privacy seriously. We will only retain and use your personal information to administer your profile and provide the products and services requested from and expected of us. In order to fulfil our purpose, we will need to pass certain details (including personal and photographic data) onto other parties (clients – producers, productions companies and their associates and other relevant stakeholders). This information will be stored, processed and exchanged in line with the current general data protection regulation: (EU) 2016/679 (GDPR) and information governance best practises.
We will also need to contact you via telephone, text message, email and post for the purpose of bookings, updates, financial administration and other day-to-day resource management.
Island People Agency are Registered members of the Information Commissioner’s Office (ICO).
BY SIGNING THESE TERMS AND CONDITIONS, YOU ARE PROVIDING CONSENT FOR US TO HANDLE YOUR PERSONAL DATA AS DESCRIBED ABOVE.
12. Your full online profile viewable with a link for a cost of £10 for 2018. This fee covers your administration costs and the cost of entry into the digital casting book and Online Profile, and is therefore non-refundable. Please note: You are not paying for us to find you work. This is to create a profile in the hope we can obtain work on your behalf.
13. All engagements obtained through the agency will be subject to a 15% agency commission on background/walk-on/stand in/doubling bookings and 20% agency commission on featured TV/film roles, featured commercials, photographic and corporate work. These rates apply to all media.
14. Artistes are forbidden from making direct contact with end client /employer /production company (the client). All contact must be through the agency. Any further or secondary engagement(s) arising as a result of an introduction by the agency will be subject to the normal agency commission.
15. From time to time we may contact you to offer you bookings. We are not obliged to offer you any bookings at any time.
16. 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.
17. If for any reason you do become unavailable for a booking you have accepted; you must contact the person at Island People Agency who booked you for that job as soon as possible. Important: If you fail to turn up for any booking without good reason, we may remove you from our casting book and may be charged a re-booking fee of £60.00.
18. Important: 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.
19. Important: 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 4pm, 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.
20. 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.
21. 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.
· Look well presented, and correctly attired, whenever you are representing Island People Agency.
· Never be under the influence of alcohol or drugs, or smoke whilst working.
MOBILE PHONES AND CAMERAS ARE NOT PERMITTED ON SET
22. 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 Island People Agency or any production staff member, or if you misrepresent Island People Agency 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 the casting book and online profile.
23. Important: While you are on set (or on any transportation to set provided by the production company) Island People Agency 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. The production company is responsible for taking out personal injury insurance to cover you while you are on set.
24. 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.
25. Important: If you have any problems or queries when you are on set, you must contact Island People Agency 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 with the appropriate person on set.
26. 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.
· You must not contact any journalist, newspaper, magazine or other publication about any
production you have worked on.
· You must not post any comments or photographs on any website, blog or social network about any production you have worked on (this includes Facebook and Twitter).
If you breach this clause we will immediately remove you from the casting book and Online Profile.
27. You authorise Island People to receive all fees from production companies for your bookings, on your behalf. These fees will be deposited into our client account.
28. 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, copies of which are not retained.
29. Island People Agency 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 Island People Agency is not liable to you for any fees that a production company fails to pay.
30. If you receive any fees directly from the production company Island People Agency are entitled to invoice you for our commission.
31. 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 that 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.
32. If the production company does not provide you with a salary voucher (chit) it is your responsibility to text Island People Agency of all times (start and finish) and dates that you worked. If you work any overtime, you must text details of this to your contact at Island People Agency as soon as possible. If you do not, you may not receive payment for this.
TAXES & NATIONAL INSURANCE
33. 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.
34. 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 Island People Agency.
35. You may be considered exempt from National Insurance if you are of retirement age and have a valid exemption certificate.
36. 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.
37. On expiry or termination, we will immediately remove you from our casting book. 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.
38. Expiry or termination of this contract will not prejudice any rights or remedies, which have arisen under this contract prior to that date.
Filming is not always action and glamour. Most of your day will be spent waiting around. Remember that members of the crew work very long hours. You are a representative of Island People Agency; polite, patient and helpful behaviour will ultimately result in you getting more work. Bad behaviour will result in being taken off the book. An apparently harmless complaint can cause great offence.
39. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.
40. We may update the guide which will be available on our website, but without specific notice to you. Otherwise we may vary this contract on 30 days written notice to you.
41. 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 Island People Agency in any way.
42. Whenever under this contract any sum of money is payable by 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.
43. Nothing is this contract confers any rights or benefits on any person or legal entity other than you or us.
44. 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.
45. 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.
ISLAND PEOPLE AGENCY
Dadina Sagger, Devonshire House, 66 Broadway, SANDOWN, Isle of Wight PO36 9BD
Mobile: 07885 348634. Landline: 01983 404275 Email: email@example.com