TERMS & CONDITIONS FOR ACTORS, MODELS OR EXTRAS
Please read this Agreement carefully as it sets out your rights and obligations with respect to use of the services provided by Production Operations Limited T/A Casting Ireland and The Production People. This is a legal Agreement between you (the “Talent”) and Production Operations Limited (Casting Ireland). By joining the Casting Ireland talent pool, you agree to the following Terms and Conditions (T&C’s). If you do not agree to any of these points, please do not register with Casting Ireland.
Casting Ireland reserves the right to amend these Terms and Conditions at any time and at its sole discretion and without notice to the Talent. Any such revision will be binding and effective immediately on posting of notification of such changes on the web page:
At Casting Ireland, we pride ourselves on maintaining the highest standards of quality within our Casting Team and within the pool of Talent which we represent. As a result, our Clients can feel confident that our Talent are reliable, trustworthy and a valuable addition to their project.
We work collaboratively with our Talent with genuine care and we at Casting Ireland promise to be honest, respectful and professional at all times. In return, in registering as a Talent of our talent pool, the following terms and conditions apply to all Talent of Casting Ireland whether the Talent has signed up online, via a photoshoot, via the phone or any other method.
- All information provided on the Talent application and/or to any Talent of Casting Ireland must be truthful.
- In compliance with Irish Employment Laws, the Talent must be in possession of a valid PPS number, and a valid Irish working Visa (if applicable) to register and work with us.
- Your details will remain on the Casting Ireland database, hosted by Mainboard, until you request us to remove your details via phone or email. We will do so immediately when requested.
- Under 18’s require Parental Consent to be registered, and the contact details provided must be their parent’s/guardian’s contact details.
- On registration you are required to upload or submit a photograph. It is compulsory to do this. All photographs are checked on being uploaded to the site within 10 days of submission.
- No photographs other than photos clearly displaying your face, will be permitted on the site.
- Photos of poor quality, copyrighted photos, celebrity photos or photos, which are deemed offensive, violent or obscene, may be removed.
- Casting Ireland reserves the right to reject or remove any photograph that does not comply with these Terms or where we judge the photo not to be of a good standard.
- If you submit a photograph by post, you agree to take full responsibility for the photograph, and in no way can or will Casting Ireland be liable for the said photograph.
- You grant Casting Ireland permission to use your photo anywhere on the Site or in any literature, brochures, letters and any other material of a marketing or sales nature, which Casting Ireland may commission or use from time to time.
- You agree that at all times the photograph on your account is an up to date representation of how you currently look.
- You also agree to update your photo every twelve months.
- For Talent under 12 years of age, the parent or legal guardian agrees to update the photos every 3 months. Any photos which are older than 12 months might not be considered for any casting opportunities whether internal or via the Casting Ireland directory.
Availability Checks & Job Offers
- You are never obliged to accept the jobs we may offer you. You are always in control of which roles you would like to be considered for and accept.
- It is your obligation to ensure that the photos and information we have on file of you (or your child, if you are managing their profile) are up to date at all times so that we and our clients can be sure of your/their current appearance.
- Understandably, project and shoot details are strictly confidential and you must not disclose internal information to any media including newspapers, social media and blogs.
- You will be required to provide legal photo identification to be on set. Acceptable forms of identification are: Passport, Drivers License, College ID, or Garda Age Card.
- It is your responsibility to arrive on time, with any costume or props you have been requested to bring.
- Photographs and videos while on set are prohibited, unless agreed to by the Production Company.
- You are responsible for any costume or accessories provided to you while on set. If something is lost or damaged while you have it, you will be required to pay for it and this may be deducted from your wages.
- If, for any reason, you can no longer attend a job for which you have been booked and confirmed, you must inform Casting Ireland immediately so that we can find a suitable replacement for our Client. Failure to do so will result in you being removed from our database of Talent.
- If you are engaged for a day by Casting Ireland, you are strictly prohibited from consuming alcohol or taking non prescribed drugs a minimum of 12 hours prior to the event or during the event. If you are taking prescribed medication which may have an impact on your performance, please notify at least 24 hours prior to the event to Casting Ireland.
- On days longer than 8 hours, there will be a minimum of 2.5 hours of unpaid breaks and rest periods. On days under 8 hours, there will be a minimum of 1 hour of unpaid breaks and rest periods. If you have not received your rest breaks, please email email@example.com noting the production and the day that you were working.
- Production companies may pay you instead of offering you rest breaks which are longer than your statutory entitlement. This payment will be in line with the National Minimum Wage. Rest breaks may include time when not in front of the camera or engaged in providing a service.
The Production Company may dismiss you from a set for any of the following reasons:
- Arriving late, and/or not bringing the correct wardrobe.
- Not adhering to the brief, including but not limited to turning up late or not bringing the correct wardrobe.
- Being disruptive, rude or not following direction.
- Being under the influence of drugs or alcohol. You are permitted to use prescribed drugs where the use of such does not affect fulfilling your duty on set.
- By acting in such a way that the safety of others may be hampered
If you have been dismissed for any of the above reasons, you may not be entitled to receive payment for the day. Where it is shown that you did work for a period of the day, you will only be entitled to a maximum payment of the minimum wage for hours worked, or part thereof.
Removal From Database
- If we receive complaints in relation to points above or actions which affect our reputation as a professional and reliable Agency, Casting Ireland may delete your information from our database of Talent.
- Casting Ireland reserves the right to solely decide to deactivate your profile and account. Casting Ireland will not enter into discussion as to why this decision was made and the Casting Ireland decision is final.
- Casting Ireland will represent you in perpetuity unless we receive a letter/email from you requesting otherwise.
- Casting Ireland will acknowledge your letter/email within seven working days. This will not affect Casting Ireland’s representation of you on jobs that we have secured for you in prior to this request. You agree that Casting Ireland will represent you in relation to these prior jobs and any jobs related to them in perpetuity.
- As soon as Casting Ireland acknowledges the Talent’s request, Casting Ireland will immediately delete the Talent’s information from their servers.
- Use of Casting Ireland’s services is at the subscriber’s own risk. Casting Ireland and its business associates provide services on an “as is,” basis without warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or that Casting Ireland services are free from defects, merchantable or fit for a particular purpose.
- This disclaimer of warranty constitutes an essential part of this agreement. Casting Ireland makes no warranty that the services will meet Talent’s requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does Casting Ireland make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected.
Performers Protection Act 1968
- The Talent grants to Casting Ireland all necessary performer consents including consent under the Performers Protection Act 1968 and otherwise (the Talent signature on the application form and or agreement to these terms and conditions online being deemed to be his/her consent for this purpose) to enable Casting Ireland to distribute the Talent entry and to enable Casting Ireland to sign agreement to the use of the Talent image in a production and to agree fees on behalf of the Talent.
- Casting Ireland is entitled to consent to the use of the Talent image or performance on behalf of the Talent without notifying the Talent prior to the consent.
- The Talent explicitly agrees that they have the explicit consent of the owner of any material that they place or submit to Casting Ireland either by email, through their account or any other way, to do so. This includes photos, showreels, video content and any other information that they submit to Casting Ireland.
- The Talent agrees that if Casting Ireland requests to view the consent from a third party, that they will furnish such consent within five working days.
- The Talent further agrees that should there be any claim for copyright infringement for content that they submit to Casting Ireland, that they will be fully liable for such a claim and they will indemnify Casting Ireland from such a claim.
If you have a criminal record prior to becoming a Talent of Casting Ireland or while you are a Talent of Casting Ireland, you must immediately inform Casting Ireland in writing by using the Registered Post service provided by the An Post service and addressed to: The Managing Director, Casting Ireland, Velford House,11 Merrion Square North, Dublin 2, Ireland.
This letter should state the following:
(a) you have a criminal record and the nature of the criminal record including dates of convictions; and
(b) your contact details.
Casting Ireland will acknowledge your letter within seven working days of receipt. This letter from Casting Ireland will be deemed as the only proof that Casting Ireland has received your letter and that you have complied with this clause.
In the event of the above, if your criminal conviction is deemed that it could result in bringing Casting Ireland or that of the Companies that use Casting Ireland’s services either directly or indirectly into disrepute, your account will de deactivated.
Casting Ireland reserves the right to solely decide to deactivate your account. Casting Ireland will not enter into discussion and the Casting Ireland decision is final.
Restrictions to Become a Talent with Casting Ireland
You may not register as a Talent of Casting Ireland if the following sub clauses apply to you:
- You are employed or own a business that competes with our services either directly or indirectly.
- You are registering to Casting Ireland for unlawful purposes or deceitful purposes
If during your time with us any of the clauses on this section becomes applicable to you, you will notify Casting Ireland immediately in writing stating
(a) details of which clause(s) applies to you; and
(b) your contact details.
Send the letter using the Registered Post service provided by the An Post service and addressed to: The Managing Director, Casting Ireland, Velford House,11 Merrion Square North, Dublin 2, Ireland.
In the event of the above, your Casting Ireland account will immediately cease. Casting Ireland will acknowledge your letter within seven working days of receipt, and this letter from Casting Ireland will be deemed as the only proof that Casting Ireland has received your letter.
Casting Ireland reserves the right to refuse its services. Casting Ireland will not enter into discussion and the Casting Ireland decision is final.
- You agree that if you are booked for an advert or other commercial production, there is a possibility of a buyout, you agree that the buyout will only be paid if and when your image is used in the advert or commercial production.
- The agreed buyout fee may change if the exposure of your image is different than what was first agreed. This may be for a different role, change in – territory, terms, medium or time.
- You explicitly agree that the buyout will only be payable if your image is used in the published/transmitted version of the advert or commercial and Casting Ireland and any third party connected to the advert or commercial will have no liability to pay a buyout if your image is not used in the way that was agreed prior to the publication of the advert or commercial.
- You agree that Casting Ireland will represent you and act as your agent in all commercial negotiations with relation to booking you as an artist for a production and that in the event of an introduction with a client or production company, all further work resulting from the introduction that you will be represented by Casting Ireland.
- Casting Ireland will be entitled to take a percentage of all such fees from work obtained through the introduction.
- If you are the parent or legal guardian of a Minor (under 18 years of age) who is a Talent, you give Casting Ireland the right to enter into legally binding agreements on behalf of the Minor.
- You further give Casting Ireland the right to assign a Chaperone who is appointed by Casting Ireland or a crew member on set. Please keep in mind that almost all times the Chaperone will be you, the legal custodian, so you will need to make yourself available for the shoot, and you will receive a payment to do so.
- You agree that Casting Ireland may use this right to sign any documents in relation to the production without seeking your consent prior to or subsequent to signing the documents.
- You agree that you have the skills or abilities that are required to carry out an assignment if you have agreed to that assignment. If it transpires that you do not have the skills or abilities to carry out the assignment, you will not be entitled to the fees that were outlined for the assignment.
- You may be entitled to a cancellation fee if you are canceled when you have been fully booked for a day on set, if the cancellation is within 12 hours of the call time. Fully booked includes being given a call time and location. Generally the fee for a cancellation is €20, though this may differ from production to production.
- Casting Ireland reserves the right of sole discretion to modify or discontinue the services offered by Casting Ireland, or any portion thereof, at any time, with or without notice to the Talent.
- Casting Ireland shall not be liable to the Talent or any third party should Casting Ireland exercise its right to modify or discontinue the services offered by Casting Ireland. No refunds will be granted to Talent in this instance.
Health & Safety in the Workplace – Accident Waiver and Release of Liability Clause
In accordance with the Health & Safety in the Workplace Act 2005, the health and safety obligations in the workplace is the sole responsibility of the third party that engages you (generally, but not limited to, the Production Company).
- You agree to indemnify, hold harmless, and promise not to sue Casting Ireland and its/their respective Directors, Employees, Servants, Representatives, Agents, Licensees, Invitees, and all other persons duly authorised by them, from and against all actions, claims, costs, expenses, damages, liabilities and demands arising directly in connection with any work obtained either directly or indirectly through Casting Ireland.
- You agree to waive, release and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of Casting Ireland, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur, including travelling to and from any work either directly or indirectly obtained through Casting Ireland and/or their respective Directors, Employees, Servants, Representatives, Agents, Licensees, Invitees, and all other persons duly authorised by them.
- You certify that you are physically fit, have sufficiently prepared or trained for participation in any work that is obtained either directly or indirectly through Casting Ireland.
- You acknowledge that any work obtained either directly or indirectly through Casting Ireland may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people.
- You consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during any work directly or indirectly obtained through Casting Ireland, at your expense.
- This Accident Waiver and Release of Liability Clause shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Copyright: Photographs, Marketing and Promotional Purposes
- The Talent gives Casting Ireland explicit copyright and buyout rights to the use of their image whether still or action from adverts, promotions or any other productions while on assignment with Casting Ireland.
- Casting Ireland may use these images to promote Casting Ireland either on the Casting Ireland site or any other third party medium or for any other reason. This right is in perpetuity even if the Talent is no longer part of the Casting Ireland talentpool.
- There will be no fee due to the Talent from Casting Ireland for this usage no matter what the image is used for.
Use of the Service
- Casting Ireland accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through the Talent’s use, or misuse, of Casting Ireland’s services. Casting Ireland does not grant any express or implied right to the Talent in any intellectual property rights or secret information held on its servers or belong to Casting Ireland.
- All notices to a Talent shall be in writing and shall be made either via online announcements, e-mail, text message, WhatsApp message, or conventional mail.
- Casting Ireland may broadcast notices or messages through the website, www.castingireland.ie, or through the email address on a Talent Account or advising that the Talent should review these Terms and Conditions sent to the Talent by email, such broadcasts shall constitute notice to the Talent.
- It is the responsibility of the Talent to ensure that they have a valid email address and phone number on their account so that they can receive these notices.
- Casting Ireland is committed to compliance with all statutory requirements, specifically the General Data Protection Regulation. We assert our position as Data Controllers in respect of the candidate data collected by us and shared with our clients.
- Data shared with the Client is for the purpose of placing the Talent as an Actor, Model or Extra in the Client’s project, and no authorisation is either imputed or inferred regarding the use of the Talent personal data beyond that very narrow purpose.
- In that respect Casting Ireland recognises that our Clients are also Data Controllers and act as Joint Controllers.
- Both Casting Ireland the Clients warrant to be compliant with GDPR and will keep the other indemnified against any liabilities in respect of any breach of personal data.
- All Talent and directors or anyone affiliated with Casting Ireland (affiliated meaning any person who uses or accesses the Casting Ireland website for any reason) are restricted from speaking to all and any media, including, but not limited to, television journalists, newspapers, radio, blogs and social networking in any media about anything relating to Casting Ireland.ie either directly or indirectly or anything to do with a production where the contact came through Casting Ireland.ie, without written consent from Casting Ireland.
- Talent who are booked for a day on set are restricted from speaking to the media, blogging, posting online, posting on facebook, tweeting or any other way of disseminating information about storylines, characters, actors or other such information received on set or prior to being on set in relation to the day that they are booked on set without the prior written consent of Casting Ireland.
- In order to protect the confidentiality of a production, you agree that a production company may ask you to hand in your mobile phone or any other recording device before going on set or while on set.
- You agree to keep all information obtained from Casting Ireland or from being on set or from a production company or other person in relation to any production that you are engaged with or have been informed about as strictly confidential and you undertake not to disclose such information to any media including but not restricted to newspapers, online websites, facebook, twitter, blogs and any other medium.
- If your intention is to write an article or blog or otherwise make public your experience on set or any other information that you receive in confidence of Casting Ireland or our Partners, you are strictly prohibited from joining our talent pool.
- You agree that all information provided on your profile and to any member of Casting Ireland is truthful.
- If you do not agree with this, you are strictly prohibited from joining Casting Ireland’s talent pool. This clause is in perpetuity even if Casting Ireland has deactivated your account.
T&C’s Governed by the Laws of Ireland
These standard T&Cs shall be governed and construed in accordance with the laws of the Republic of Ireland. These T&C’s supersede all previous revisions. Casting Ireland and the Talent acknowledge that no partnership has been created by the arrangements set up by Casting Ireland in respect of the Database and that Casting Ireland may assign the benefits of and obligations under this Agreement to a Third Party.
Casting Ireland retains the right, at its sole discretion, to determine whether or not the Talent’s conduct is consistent with the letter and spirit of the T&C’s of registration and may terminate the Services of the Talent if Casting Ireland determines at its sole discretion that the Talent’s conduct is inconsistent with the T&C’s of registration. This is subject to the Laws of the Republic of Ireland.
This Agreement constitutes the entire understanding between the Talent and Casting Ireland with respect to the subject matter hereof. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
Casting Ireland shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond the reasonable control of Casting Ireland. Except as described herein, the Talent may not assign this Agreement without Casting Ireland’s consent.
If you do not agree to all of these Terms and Conditions, please do not register with Casting Ireland.
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