Terms and conditions
Purpose:
This aims to outline the terms and conditions of registering with Briz Kidz Casting Ltd (‘Agency’). All clients must read, understand and accept these before completing the registration process.
It is understood that by completing your registration, you accept the following terms and conditions.
The Application Process:
All applications begin with an online form, completed by the parent/legal guardian. This does not secure a place on our books. All children and a parent/legal guardian must attend the Registration Day to complete the application process. Those who do not attend will be removed from all files and their details deleted in line with the Briz Kidz Data Retention and Disposal Policy
Applications will be considered complete only when we have all the following information:
Completed Registration Form, including measurements for children over 2yrs
Signed Agreement
Professional Standard Headshots
Professional Standard Full Length Photo
Any incomplete applications will be kept on file for 3 months from the Registration Day. If, after this point the application remains incomplete, the files will be deleted in line with the Briz Kidz Data Retention and Disposal Policy
It is the responsibility of the parent/legal guardian to ensure that we have all requested documents and information in order to process the applications. It is also the responsibility of the parent/legal guardian to ensure all information is correct and up to date.
All children must be based within the Southwest or South Wales and be happy to travel for any filming work at their own expense. You do not need any performance related training or experience to register with the Agency.
We accept registrations from children of all backgrounds, abilities, racial or ethnic origin, religious belief and sexual identity.
Whilst we do not turn applications away, we do reserve the right to refuse or remove any application at any point of representation.
Registration Days:
The Agency books will be open to new registrations for children over 2yrs at designated Registration Days. The online registration form will open no less than four (4) weeks before the nominated date and close at 1700 (5pm) on the Monday prior to the event, or once the date is fully booked, whichever is soonest.
All registrations will be by appointment only and can be booked through the online application form.
Babies under the age of 2 are able to register at any point and expectant parents can pre-register with us. Applications will not be processed until we have all required documents, as stated in the Application Process.
New Registrations can take 6-8 weeks to process, after which time we will send a secured link to a digital folder containing copies of your registration pack, photos and your profile. This link will remain active for to duration of the child’s representation by Briz Kidz. It is essential that this link is saved as all documentation relating to any work (contracts, release forms, NDAs etc) will be stored in this folder.
Login details will also be sent out once the registration is complete. This will give access to the child/ren’s profile and parents/legal guardians are directly able to check and update the information. It is essential that this is done at least every 6 months in line with these terms and conditions.
Age Limits:
We represent children from birth (0 years) to the end of their sixteenth (16th) year. After this point, their profiles will automatically be removed from our books in line with the Briz Kidz Data Retention and Disposal Policy.
This does not affect children registered before January 2019. These children will continue to be represented by the Agency until their eighteenth (18th) birthday unless otherwise notified by termination of your contract or removal from the books for reasons stated in our terms and conditions
Supplied Photos:
Parent/legal guardians are welcome to supply headshots and full-length photos for their child’s profile. These photos must be of a professional standard, containing only the child with a plain background, good lighting, in focus and clearly showing the child’s facial features. All children must be fully covered in age-appropriate clothing. Cropped tops, leotards and swimwear will not be accepted. Only Hi-resolution, digital images will be accepted.
By submitting your own photos, it is acknowledged that permission is given to the Agent for use of the images in promoting the business. This includes the use of the images on the Agent’s website, social media pages and in promotional correspondence with casting directors, individuals and organisations in line with the role of the Agency and without limitation
Please note that no personal or identifying information will be shown with the images when used on social media and on websites.
The Agency reserves the right to request alternative photo options.
Photography Service:
We offer an optional photography service at all Registration Day events. There is a charge for this service and you will receive digital copies of the photos upon completion of your registration (6-8weeks)
Renewal of photographs will be charged at a reduced rate and are available at specific photography events hosted by Briz Kidz throughout the year.
This service provides one (1) headshot and one (1) full length photo. Permission is given for personal use. Please credit Entwisle Productions/Alex Entwisle. Additional photos are at the discretion of the photographer and agency. All children must be fully covered in age-appropriate clothing. Cropped tops, leotards, swimwear or photos where the child appears to be naked will not be accepted.
All headshot sessions are subject to availability and by appointment only.
If a child should refuse to be photographed, we will offer a second attempted sitting after they have had a break and settled. If, after this point, they are still unable to comply, then an alternative booking will be offered. This will be at another update or registration day. Refunds will not be given.
All copyrights will remain with the Agency.
Companies within the Briz Kidz Community
Schools, private dance/drama companies and specialist companies (the Business) listed within our community may receive information of registration days prior to the official launch online. This information can only be shared within the Business and must not be posted on social media sites, unless in the confines of a closed/private/members only group until after the event is announced on the agency’s website.
All Businesses must adhere to all applicable clauses in the agency’s full terms and conditions. Advertising of castings or bookings is not permitted without written authorisation. Any privileged information specific to the production and casting, including the title, type and synopsis of the project, the role or casting brief and any such information given either directly by the agency or via a parent/legal guardian or child is strictly confidential. Posting any such information on social media is strictly forbidden without prior written permission from the agency and production.
All registrations will be directly with Briz Kidz and subject to our terms and conditions.
Updating Information:
All casting briefs contain specific age and size requests (e.g. measurements, height, hair/eye colour). Therefore it is essential that all information we hold is up to date.
To ensure the information we have is correct, all measurements will be valid for 6 months only. After this time the child will not be considered for detailed
Casting opportunities. All headshots and photos will be removed from the profile after 12months and your profile will be deactivated.
Profiles with information older than 18 months will be removed from the books in line with the Briz Kidz Data Retention and Disposal Policy.
The Agency will send out a reminder to update essential information every six months. To ensure your child is not restricted in opportunities or removed from the books, please take the time to check and update your details when prompted.
Parents/Legal Guardian’s details must also be checked and updated. Should any contact details prove to be inaccurate or disconnected, then the details will be deleted.
Briz Kidz is not responsible for ensuring details are correct and will not chase for these.
Confidentiality:
The Agency works with productions that have very strict confidentiality rules. It is essential that these are adhered to at all times, by all children and parent/legal guardians. In registering with the Agency you agree to the following:
You will not discuss the casting, audition or work offers among friends, peers or colleagues at any time.
You will not reveal any confidential information and will not discuss anything you hear, see or learn whilst working with the production.
You must not share or post on any social media sites anything that relates to the production.
You must not take photos whilst on set.
You will act in a professional manner at all times whilst representing the Agency.
Confidential Information includes scripts, storylines, cast information, locations, schedules or any events that occur on the day(s) of work. This list is not exhaustible.
Should you or your parent/legal guardian not adhere to the above, you will be subject to dismissal from the production and removal from the agency books with immediate effect.
Bookings:
The Agency cannot guarantee auditions, castings, bookings or work of any description. We can, however, promise to do our best for all the children we represent.
In the first instance, the Agency will send profiles of any children fitting the casting brief (i.e. within an age range, live within the desired location or match specific measurements). Should any of the children be shortlisted, we will contact the parent/legal guardian with casting information and availability checks. We do not deal directly with the children and will not contact them without prior permission from the parent/legal guardian. This is only applicable to teens over the age of 16.
Parents/legal are under no obligation to accept any work or auditions offered.
We often send out casting requests and information via email. This can include availability checks, requests for specific information needed for the role and requests for self-tape auditions. Please note that it is the responsibility of the parent/legal guardian to receive and respond to these requests by the allotted deadline. The Agency is not responsible for any missed opportunities.
On occasions when the casting includes a parent/child booking, any performance fees offered to the parent will be subject to commission, as per any child booking and subject to these terms and conditions.
Once you have accepted a booking, confirmation will be subject to a Child Performance Child Performance Licence (Licence) being issued. Until this point, you will be ‘on a pencil’ and you must remain available for this date, unless in exceptional circumstances (illness, injury etc.)
Productions retain the right to cancel or amend a booking as per the needs of their schedule. Should this happen, you will be informed as soon as possible, and alternative dates may or may not be offered.
Once a Licence is issued the parent/legal guardian may receive a contract from the production to be returned to the Agency as quickly as possible. The fact that such contract is not returned will not invalidate the booking or acceptance of these terms.
As well as setting out the details of the terms of the engagement it may be a requirement that permission is granted for the taking of photographs of the child for publicity purposes.
Child Performance Licence:
All bookings are subject to Child Performance Licensing and Regulations, which are governed by law. Without a valid Licence in place, a child cannot perform. If the Licence is not processed in time for the performance date, the booking will be cancelled.
The Licence application process can take up to 21 days, so it is essential we get everything in place quickly. This includes the following:
Photos of the child
School’s permission of absence letter
Copy of child’s Birth Certificate
Application (parts 1 and 2)
As part of your application to the agency, we request a copy of the birth certificate to keep on file for this reason. Whilst it is not an essential part of your being accepted to the Agency it will aid in the Licence application process.
We will ask the Parent/legal guardian to complete the Part 2 of the Licence application and to apply to the school for permission of absence. We do need written approval from the school and without this the Licence will not be processed.
Information on child performance licensing and the Children (Performances and Activities) (England) Regulations, 2014 can be found at nncee.org.uk.
Fees:
There is no fee for registering with the Agency, nor will there be any administration or membership fees for the duration of your representation by the Agency.
All roles offered are paid. The Agency will negotiate with the productions on your behalf and inform you of the rate on offering the role. This will be sent in writing once the role is confirmed and the Licence issued.
All work offered through the Agency is subject to agency commission of 20% plus VAT if applicable. This is calculated on the fees paid including but not limited to, performance fees, usage fees, buyouts, royalties and residuals.
Additional fees that cover ‘out of pocket expenses’ (per diems, travel/fuel etc.) are not subject to Agency commission.
The Agency reserves the right to change the fees policy at any time. Any changes to the fees policy will be communicated in advance of implementation.
Travel:
All children must travel to and from the location with a responsible adult. They cannot travel by themselves and will not be released, at the end of filming, unless to a known adult, agreed in advance with the agency.
A travel memo will be sent, along with the booking email and will be submitted as part of the licence application. Should this change, then the parent/legal guardian will need to inform the agency immediately.
Children must be handed into the care of the chaperone and not a member of the production.
Briz Kidz is not responsible for providing transportation to or from a filming location.
Payments:
The Agency will deal with all invoicing to productions. Once payment has been received from the production, which can be 6-12 weeks from the date of performance, the Agency will transfer your fee (minus any commission) into your nominated account, within 10 days of receiving the details of your nominated account. We will also issue you with an Advice Note, which has a breakdown of all the fees. This will be uploaded to your folder.
The Agency cannot accept responsibility for payments and will only pass on fees that have been paid. Whilst we will use best endeavors to retrieve any monies owing and chase payments from productions, we are not liable for any fees owed to you.
Children are not subject to NI or tax. Parents/Legal Guardians cast alongside their child are responsible for their own tax and NI. Please seek further advice from an accountant or HMRC for more details on this.
Termination:
You can terminate your contract with the Agency at any time by the giving of not less than three months’ written notice sent either by email or letter posted to the office address.
All work that falls within this period or within the twelve months beyond this date or any further work for the same production at any time in the future will be subject to Agency commission.
The Agency reserves the right to remove any child from the books at anytime.
Data Protection
The children and parent/legal guardians’ consent to the Agency 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 1988 relation to them including as appropriate:
Information about their physical or mental health and condition to take decision as to their fitness for work;
Their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
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, and;
Information relating to their age, race, sex and physical appearance required to judge their suitability for specific roles.
The Children and parent/legal guardians’ consent to the Agency making available such information to a production company, regulatory authorities and governmental organisations
The parent/legal guardians consent to the transfer of such information outside the European Economic Union for purposes connected with the performance of these Terms.
Revisions:
We have the right to revise and amend these terms and conditions to keep in line with any changes in the laws and legislations or within our business methods. These terms and conditions are reviewed and updated regularly and are correct as of Octobr 2022. Please consult our website to review the most up-to-date version or request a copy by emailing us at info@brizkidzcasting.co.uk.
CHAPERONES AND TUTORS:
Purpose
This aims to outline the terms and conditions of registering with the Agency. All Chaperones and Tutors must read, understand and accept these before completing the registration process.
It is understood that, by completing your registration, you accept the following terms and conditions:
Our Services
The Agency acts as a booking/finding service between the productions, companies and producers and works with members of our Chaperones’ and Tutors’ team. All Chaperones are required to be registered with their applicable local authority and chaperones warrant to that effect. All chaperones newly registered with the Agency will be required to work with an established chaperone, regardless of previous experience, before being allowed to render services alone.
All tutors must have qualified teacher status, have passed their NQT year and supply two (2) references, at least one being from a school or production environment, before you can be registered with us.
Registering with the Agency is free. We do not charge any agency, membership or annual fees nor do we take commission from fees paid for chaperones or tutors. We add a finders fee to all rates, which is paid by the production.
For some bookings, chaperones may be requested to appear on camera due to the nature of the production and scenes to ensure the child/children are correctly monitored and safeguarded. For these bookings, prior notice will be given and an additional SA fee may be paid for your appearance. In these cases, the Agency will deduct 20% commission from the SA fees paid.
Any and all contracts are between you and the production, not directly with the Agency. We do not assume any responsibility for services provided by or between the production and the Chaperone/Tutor.
Nothing in these conditions shall constitute an employment contract or relationship between the Chaperone/Tutor and the Agency.
Registration
All Chaperones/Tutors must be based in the Southwest or Wales and understand that they may be required to travel to locations that are within this radius. There may be occasions when you will need to travel outside this area, depending on the needs of the production and the nature of the booking.
All Chaperones must hold a valid Licence and provide the Agency with the following documents to register with us:
Chaperone Licence and Enhanced DBS
NSPCC Protecting Children in Entertainment Certificate (online Course)
Signed copy of guidance for Chaperones.
Signed copy of Chaperone Details form.
Valid Passport
All Chaperones newly registered with the Agency will have on-site training with an established chaperone and will be assessed as to their suitability to the role of Chaperone. This is regardless of past experience. We expect a high standard from all Chaperones who represent the Agency and our children.
Registering with the Agency does not guarantee work.
Chaperone/Tutor duties
All Chaperones and Tutors are required to comply with the following:
To keep up to date with all guidelines, training and legislations related to working with children.
To safeguard the welfare of all children in their care at all times.
To send copies of children’s timesheets to the Agency along with any reports of incidents or accidents whilst on set.
To ensure that the Agency have your correct, up-to-date contact details.
The Agency is not responsible for Chaperone Licensing, training or informing Chaperones of any changes in legislations or working practices.
You must also follow these Do’s and Don’ts:
DO ask to see a copy of the child’s performance Child Performance Licence (where a Child Performance Licence is required)
DO keep a note of important contacts, for example, the child's licensing authority, the local authority in whose area the child is performing, the child's agent and the child's parent/legal guardian/legal guardian.
DO check the child is comfortable – you are the person to whom the child looks for guidance, protection, clarification and support.
DO ensure the child is warm and taken off set at every opportunity when filming on exterior locations in adverse weather conditions.
DO ensure the child is not hungry.
DO exercise discretion where that is in the best interest of the child.
DO be the child’s champion - one of a chaperone's greatest strengths is their ability to say no when what is being requested of the child is contrary or detrimental to the child's health, well-being and/or education.
DO be alert to all possible risks to the child and know what the child protection policy requires you to do.
DO challenge people and / or anti-social behaviour toward your child and if you continue to be concerned know who to escalate your concerns to.
DO NOT let the child perform if they are unwell.
DO NOT leave the child alone with another adult (unless it is their parent/legal guardian or teacher).
DO NOT take photographs/videos of the child that you have been employed to chaperone or tutor or nay part of the studio at which the production is taking place. If you see anyone else doing this you must inform the production as soon as possible.
DO NOT seek autographs from performers or get star struck.
DO NOT ignore or downplay questionable behaviour from adults or other children.
DO NOT allow the child to be pushed into things that they don’t want to do.
DO NOT use inappropriate language or smoke whilst on duty.
DO NOT consume alcohol or be under the influence of alcohol whilst on duty.
DO NOT partake in any illegal drug use.
DO NOT wear inappropriate clothing.
For a more comprehensive explanation of the duties our Chaperones are expected to perform, please read the Briz Kidz Guide for Chaperones.
Confidentiality and Privacy
Chaperones/Tutors must adhere to all confidentiality rules at all time, including GDPR, and treat all information provided by the Agency with the strictest of confidence.
This includes:
Confidential information regarding the production, crew, cast, location, scripts, storylines and schedule.
Any information you hear, see or learn whilst working with the production.
Personal and sensitive information relating to the child. This includes medical information and parent/legal guardian contact information.
Chaperones/Tutors must not share information related to the productions on social media sites. Please do not take photos on set or share anything you hear, see or learn whilst working on the production and under no circumstances share photos of children you are working with.
It is essential that you do not share personal contact details with the children, befriend or follow them on any social media sites.
Payments
The Agency will deal with all invoicing to the productions as these will cover both the Chaperones, Tutors and children and may consist of multiple dates.
Chaperones and Tutors must send an invoice, in PDF with the name and date of the production and address all invoices to:
Briz Kidz Casting Ltd
147 Whiteladies Road
Clifton
Bristol
BS8 2QT
Chaperones and Tutors are booked on a Self-Employed basis and are responsible for their own Tax and National Insurance.
The Agency will use best endeavors to retrieve any monies owing and chase payments from productions. However, we are not liable for any fees owed to you.
Parents/Chaperone
Briz Kidz do not advocate the use of parent/chaperones and always recommends booking a Registered Chaperone. Due to this policy, any registered chaperones, who’s child/ren are also registered with Briz Kidz, will not be permitted to chaperone their own child on any bookings through the agency, except in extreme circumstances. These will be considered on an individual case basis.
Termination:
You can remove your registration with the Agency at any time. Please send not less than one month’s written notice, either by email or letter posted to the office address.
The Agency retains the right to decline or remove registrations at any point and without notification.
Data Protection
The Tutors/Chaperones consent to the Agency 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 1988 relation to them including as appropriate:
Information about their physical or mental health and condition to take decision as to their fitness for work;
Their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
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, and;
Information relating to their age, race, sex and physical appearance required to judge their suitability for specific roles.
The Tutors/Chaperones consent to the Agency making available such information to a production company, regulatory authorities and governmental organisations.
The Tutors/Chaperones consent to the transfer of such information outside the European Economic Union for purposes connected with the performance of these Terms.
Revisions:
We have the right to revise and amend these Conditions to keep in line with any changes in the laws and legislations or within our business methods. These terms and conditions are reviewed and updated regularly and are correct as of October 2022. Please consult our website to review the most up-to-date version or request a copy by emailing us at info@brizkidzcasting.co.uk.
TERMS & CONDITIONS (FOR BOOKING OF TALENT)
1. General
1.1 In these Terms and Conditions, the following words will have the meanings given to them below:
“Agent’s Services” means the services to be supplied by the Agent in relation to a Booking and will include arranging the Talent and may, from time to time and depending on the Booking, include arranging flights and/or accommodation (but only as may be agreed in writing and in advance by the Agent);
“Agent” means Briz Kidz Casting Limited of The Bottle Yard Studios, Whitchurch Lane, Bristol BS14 0BH;
“Agreed Usage” means the use to which the performance of the Talent in the Production can be put by the Client as specified at the time of Booking:
“Agreement” means the contract between the Talent and the Client for the provision of the Services incorporating these Terms and Conditions;
“Booking” means the booking for the use of the Talent for a Production by the Client or any third party to whom the Client has introduced the Talent on a short-term basis as specified at the time of Booking;
“Category” means the description of the role to be played by the Talent either as a supporting artiste, walk on artiste or featured artiste (each one a ‘Category’);
“Client” means any entity that purchases Services from the Agent;
“Fee” means the fee payable by the Client to the Agent in respect of a Booking (which will include without limitation, rehearsals, fittings and right to use the performance of the Talent in the Production for the Agreed Usage);
“Production” means the commercial/film/television programme in which the Talent is to appear to play the role within the Category;
“Services” means the services to be provided by the Talent as described at the time of Booking;
“Start Date” means the date on which the Talent will commence the provision of the Services;
“Talent” means the Talent actor engaged by the Client to play the Role;
“Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions provided in writing by the Agent.
1.2 These Terms and Conditions will apply to the supply of Services by the Talent to the Client as arranged by the Agent and will supersede any other documentation or communication between the parties.
1.3 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
1.4 These Terms and Conditions will be sent to and are accepted by the Client for each Booking.
1.5 Nothing in these Terms and Conditions will prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
1.6 The Agent is acting as an Agent and therefore cannot be held responsible for any non-fulfillment or breach of obligations between the Client and the Talent.
2. Bookings
2.1 The Booking will no longer be available to the Client after a period of ten (10) days from issue unless accepted as set out below.
2.2 The Terms and Conditions between the Agent and the Client will only come into force when the Client confirms, in writing to the Agent, the Booking of the Talent
2.4 These Terms and Conditions must be accepted by the Client in their entirety. By the Booking of the Talent, the Client accepts these Terms and Conditions.
2.6 The Fee provided is a final quotation.
2.7 Where additional expenses are incurred by the Talent as a result of alterations to the original Booking by the Client, or otherwise at the Client’s request, the Client will be liable to pay such extra expenses or pay additional fees, at the Talent's normal rate, in addition to the original agreed Fee.
3. Services
3.1 For each Booking, the Services are described in the Booking. Any variation to the Services must be agreed by the Agent in writing.
3.2 The Services will commence and finish on the dates specified on the Booking unless terminated according to the terms of this Agreement.
3.3 Unless otherwise agreed in writing and in advance, the Client may only request the provision of the Services for the permitted times per day as set out in ‘Permitted Times of Performances’ (‘the Performance Information’) attached to these Terms and Conditions.
3.4 The Client agrees to the following.
All Talent must have a chaperone on set.
The Agent makes no guarantee that the parent will keep any Talent on set after the hours mentioned in the Booking. No working will be permitted in any event beyond the period(s) set out in the Performance Information
The Client must inform the Agent if the Talent will be driven in a car, bus or other form of ground transport with someone else other than their parent such to be preapproved by the Agent. If the Agent is not informed in advance, then there is no guarantee the parent will allow the Talent to provide the Services on the day if the parent finds out on arrival on set.
The Agent makes no guarantee that the Talent will perform as required by the Client and the Client agrees that the Fee will be paid whether the Talent performs or not. The Agent recommends that the Client have backup talent on standby at the location. If the Client requests backup talent from the Agent, that back up Talent will be on set and available for the duration of the Services and (in order to guarantee the Client’s backup choice will remain available) will be charged at 100% of the Talent’s usual full day rate if the Talent in any way appears in the Production. If the Client does not pay this fee for any back up Talent then the Client shall inform the Agent of its other choices however, without payment, there is no guarantee that any particular talent will be available – the Agent will notify the Client when it is (in its opinion) able to do so and will endeavour to make the requested back up available. Agreed Usage will need to be agreed with the Agent for the backup Talent.
The Agent shall have no responsibility for the Talent adhering to the terms of the performance licence (‘Licence’) to permit the Talent to work on the Production. This is the responsibility of the Client and/or licence applicant.
3.5 The Agent will assist with and facilitate the filing of the application (‘Application’) for a Licence. The Client will be responsible for all the information about the Production, its location etc. contained in the Application to be made to the Local Authority in the area in which the Talent lives (‘Authority’). The Client is advised that the Authority will require at least twenty-one (21) days to process the Application. The Client agrees to meet this time scale.
3.6. If an Application is refused by reason of a scene or shoot being deemed unsuitable the Client will need to amend such scene/shoot as required by the Authority. The Client is advised to inform the Authority of any changes in location and/or dates/times.
3.7 The Client shall inform the Agent if the Talent will be asked to perform under any extreme circumstances including flying in helicopters, at heights, etc. and anything that relates to health and safety. If the Agent is not informed in advance, the Talent has the right to cancel the Booking at any time and the Client will still be required to pay the Fee in full.
4. Agent’s Responsibilities.
4.1. The Agent will provide advice on working with the Talent, but the Client needs to make appropriate enquiry of the Authority or using the National Network for Children in Employment and Entertainment (www.nncee.org.uk).
5. Agreed Usage & Copyright
5.1 The Client agrees that it must restrict the use of the performance to the Agreed Usage. The Agreed Usage, including the medium, territory and duration, will be specified in the Booking.
5.2 The Agreed Usage comes into effect from the date of full payment of the Fee. The Client agrees that no use may be made of the performance before payment in full of the Fee unless the Agent and the Talent agree otherwise in writing and which may be revoked at any time if full payment of the Fee is not made or if the Client goes into receivership or liquidation.
5.3 The Agreed Usage is restricted to the terms specified in the Booking. Any further use outside the scope of the Agreed Usage will be subject to the Talent’s prior written approval and the terms of that further use must be negotiated by the Agent and is normally subject to the payment of further fees by the Client.
5.4 If the Client requires its own agreement (‘Agreement’) to be signed by the Talent (or his/her parent on their behalf) the Agent must be informed prior to the Start Date. If the Agent has not been informed the Agent cannot be held responsible if the Talent/parent will not sign any such Agreement. If the Agent has been informed, the Agent will assist in getting the Terms and Conditions signed, however it will not be held responsible if the Talent/parent omits, fails or refuses to sign it. In the event of any discrepancy between the Agreement and these Terms and Conditions the relevant provision(s) of these Terms and Conditions shall prevail.
5.5 Notwithstanding any other clause in these Terms and Conditions, the Client acknowledges and agrees that the Client has the right to use the performance of the Talent only as agreed in writing prior to the Booking. The Agent/the Talent shall not use the same save as agreed expressly in writing by the Client.
6. Price and Payment
6.1 Subject to clause 2.6, the Fee will be agreed between the Agent and the Client and specified at the time of Booking.
6.2 Payment of the Fee is to be made on the date(s) set out at the time of Booking.
6.3 Overtime at the rate per hour set out at the time of Booking will apply to all Services exceeding the duration set out at the time of Booking. All overtime will be rounded up to the nearest hour.
6.4 There will be no rebate on the Fee if the Booking is less than the period of time specified at the time of Booking.
6.5 All Fees are payable in full regardless of whether or not the Client ultimately uses the performance.
6.6 All direct expenses incurred by the Agent and the Talent in connection with the provision of the Services will be charged to the Client at cost and are payable by the Client on production of appropriate receipts.
6.7 The Client must inform the Agent before approval of a Booking by the Agent if a third party will be responsible for the payment of the Fee. The Client is to supply to the Agent all contact details of the third party responsible for making the payment to the Agent. Notwithstanding this, all invoices will be issued in the name of the Client and will be sent to the individual responsible for making the Booking unless otherwise agreed.
6.8 The Client will have no right to use any part of the performance until the Fee has been paid in full in respect of that Booking and any other booking that may have been made by the Client through the Agent.
6.9 The Client will pay a surcharge of ten per cent (10%) of the Fee on all late payments. Payment of Fee is late if funds have not been received by the Agent within thirty (30) days of the date of the invoice. The Agent is also entitled to recover all reasonable expenses (including legal fees) incurred in obtaining payment from the Client where any payment due to the Agent is late.
6.10 The Client is not entitled to withhold any monies due to the Agent.
6.11 If the Client has outstanding invoices that exceed its agreed credit limit with the Agent, the Agent has the right to hold the signed Terms and Conditions by the Talent until payment of all outstanding amounts has been made by the Client.
6.12 The Agent is entitled to vary the Fee to take account of any additional Services or changes to the Services being requested by the Client which were not included in the original Booking. The Agent may charge a further fee if the Category of the Services changes materially.
7. Cancellation
7.1 If a Booking is cancelled for reasons outside the control of the Agent (including but not limited to unsuitable weather or light), the Agent reserves the right to charge a cancellation fee to the Client at the following rates together with all expenses incurred by the Agent up to the date of such cancellation:
7.1.1 The Client will be charged 100% of the Fee if a Booking is cancelled less than 24 hours before the Start Date.
7.1.2 The Client will be charged 50% of the Fee if a Booking is cancelled less than 48 hours from the Start Date.
7.2 The Client must notify the Agent immediately of the cancellation of a Production and the Agent will notify the Talent.
7.3 In addition to the above, the Agent reserves the right to charge a cancellation fee to the Client if:
7.3.1 the location provided by the Client is unable to accommodate the Talent or;
7.3.2 the Client does not provide adequate facilities; or
7.3.3 travelling arrangements that are made by the Client interfere with the Services to be provided by the Talent.
7.4 If the Talent cancels the Booking due to force majeure or illness, neither the Talent nor the Agent will be held in breach of this Terms and Conditions by the Client.
7.5 In the event of cancellation by the Talent the Agent may substitute a replacement Talent, subject to the Client's reasonable approval.
7.6 Subject to clause 7.4, if the Talent cancels the Booking and a replacement cannot be supplied under clause 7.5 any part of the Fee paid in advance will be repaid in full within 14 days of the cancellation.
8. Meals/Travel/Per Diems/Expenses/Travel Insurance/ Transport
8.1 The Client is responsible for the arrangement and payment for any travel, transportation and accommodation that may be required for the Talent to provide the Services unless otherwise agreed at the time of Booking.
8.2 The Client is responsible for all meals and refreshments for the Talent from the Date the Talent leaves their home until they leave the location after the Booking.
8.3 The Client understands and agrees that all Talent must be given breaks in accordance with the Performance Information depending on the age of such Talent.
9. Insurance
9.1 The Client will be responsible for the Talent’s health and safety when the Talent is travelling/performing on behalf of the Client and/or providing the Services. The Client will maintain adequate insurance cover to cover this obligation to the Talent and will indemnify the Agent and/or the Talent in respect of any claim by or on behalf of the Talent for any such loss or damage.
10. Client Obligations
10.1 The Client agrees to cooperate with the Agent as may be required.
10.2 The Client agrees to provide adequate breaks for the Talent.
10.3 The Client will provide a suitable waiting/dressing area for the Talent.
10.4 The Client is responsible for ensuring that the venue for the Production and any equipment belonging to the Client and used by the Talent comply with reasonable health and safety regulations (‘Regulations’). The Client will provide employer’s liability insurance and provide a copy of that policy to the Agent upon request. Any failure to comply with all applicable Regulations shall amount to a fundamental breach of these Terms and Conditions/the Agreement. All applicable health and safety information must be supplied to the Agent /Talent in accordance with the Employment Agencies Act 1973
10.5 If the Talent is expected to wear clothes and/or costumes for the Production that are to be provided by the Client they must be clean, dry, pressed, suitable and fit to wear. The Agent cannot be held responsible if the Talent refuse to wear such clothing for any reason.
10.6 Where the Talent is expected to change clothing the Client must provide adequate private dressing facilities. The Client must provide the Talent with access to toilets. The Client acknowledges that public toilets are not acceptable.
10.7 The Client agrees to treat the Talent politely and in a professional, age appropriate manner.
10.8 The Client will take every reasonable precaution to prevent the Talent being threatened, verbally abused, or physically abused by the any third party during the Booking. The Client agrees that if the Talent is threatened, verbally abused, or physically abused by anyone during the Booking then the Talent will be entitled not to proceed with the provision of the Services, without penalty, and will remain entitled to the payment of the Fee in full and without deduction. Any reports of threatening behavior, verbal abuse, or physical abuse will be passed on the Authority.
10.9 The Client is responsible for complying with all legal obligations connected with the Booking of the Talent including:
10.9.1 providing a suitable contract of employment;
10.9.2 obtaining any work permits or other approvals to enable the Talent to provide the
Services, or
10.9.3 obtaining all visas that may be required for the Talent to provide the Services prior to
the commencement of a Booking.
10.10 If the Client fails to comply with clause 10.9 and the Talent cannot provide the Services as a result, the Client remains liable to pay the Fee and for any other expenses that may be payable by the Agent and/or the Talent.
10.11 The Client is responsible for ensuring that a fully stocked first aid box and fire extinguishers are at the location.
11. Agent Obligations
11.1. The Agent will take all reasonable steps to ensure that the Talent behaves in an acceptable manner but the Client agrees that the Agent will not be held responsible for the conduct of the Talent in respect of either a Booking or any other matter that is the subject of these Terms and Conditions.
12. Changes
12.1 Any changes to the Booking will be subject to these Terms and Conditions.
12.2 If changes are required to the Booking on the day of the Booking these changes should be discussed with the Agent where possible, otherwise Terms and Conditions should be reached between the Client and the Talent.
12.3 If the Talent is unable to complete the provision of the Services due to a delay in the start of the shooting and where such delay is no fault of the Talent, the Client will remain liable to pay the Fee in full and without deduction.
12.4 If the Talent is required by the Client to extend the length of the Booking, the Agent is entitled to charge the Client a further fee, based on the usual day rate of the Talent or the Fee (whichever is the higher) and including a premium for the overtime worked.
13. Re-engagement of the Talent
13.1 The Client must negotiate all future bookings for the Talent directly with the Agent for a period of six (6) months after the Booking.
14. Complaints
14.1 In case of any dispute between the Talent and the Client relating to a Booking, the Client will immediately inform the Agent about the disagreement and the Agent will use reasonable endeavours to resolve it.
14.2 The Client must inform the Agent immediately during a Booking if there are any complaints or issues with the Talent. The Agent will deal with those issues and complaints as soon as practicable.
14.3 Disputes, complaints or issues raised under clause 14.1 or 14.2 addressed or raised after a Booking do not automatically entitle the Client to a reduction in the Fee.
15. Confidentiality
15.1 In this clause, “Confidential Information” means all information exchanged between the parties (either before or after the date of these Terms and Conditions) for or in connection with the performance of these Terms and Conditions, but does not include information which:
15.1.1 is or becomes public knowledge other than by breach of the Terms and Conditions or by any other unlawful means;
15.1.2 is in the possession of a party without restriction in relation to disclosure before the date of receipt from the other party or prior to that party's execution of these Terms and Conditions, as the case may be;
15.1.3 has been developed or acquired by a party independently of these Terms and Conditions; or
15.1.4 is required by law to be disclosed.
15.2 The Client will keep confidential and will not disclose to any third parties or make use of any of the Confidential Information, except:
15.2.1 as may be reasonably necessary to enable the Client to carry out its obligations in relation to a Booking; or
15.2.2 as required by law.
15.3 The Client must ensure that its employees, contractors, servants and agents comply with this clause.
16. Termination
16.1 A Booking will continue in force until the Services have been provided as set out at the time of Booking or as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
16.2 The Client may terminate the Booking if the Agent fails to comply with any aspect of the Terms and Conditions and this failure continues for a period of four weeks after written notification of non-compliance is received by the Agent.
16.3 The Agent may terminate these Terms and Conditions if:
16.3.1 the Client has failed to make any payment that is due within 4 weeks of the sum being requested in writing;
16.3.2 the Client commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable Date of being given written notice from the other party to do so;
16.3.3 the Client commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances;
16.3.4 the Client is in breach of Clause 10.4.
16.4 Either party may terminate these Terms and Conditions if:
16.4.1 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
16.4.2 the other party ceases to carry on its business or substantially the whole of its business; or
16.4.3 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
16.5 In the event of termination of any Agreement, the Client must pay the Agent the Fee for all Bookings completed and expenses in relation to any and all Bookings that were confirmed as at the date of termination.
16.6 Any right to terminate the Booking will be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of that Booking as at the date of its termination.
17. Tutors/chaperones
17.1 If required by the Client, the Agent will act as a booking/finding service for any chaperones/tutors required by virtue of the Licence. The agreement with the chaperones/tutors shall be between the Client and the chaperones/tutors. The Agent will check on the chaperones’/tutors’ right to work status, Authority registration and will deal with the taking up of references and checking of qualifications. Notwithstanding such action the Agent assumes no liability for and will not be responsible for any errors or omissions incurring in this process.
18. Warranty
18.1 Both Parties warrant that they have the authority to enter into these Terms and Conditions and have obtained all necessary approvals to do so.
19. Limitation of Liability
19.1 The Agent’s liability to the Client, howsoever arising, in connection with the provision of the Agent’s Services and/or the Services will not exceed the Fee paid in respect of those Services.
19.2 The Agent will not be liable to the Client for any indirect, incidental or consequential loss or damage, howsoever arising, in connection with the provision of the Services.
19.3 The Agent will not be liable for any unauthorized actions of any third parties in relation to materials created under these Terms and Conditions.
20. Indemnity
20.1 The Client will indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions or under an Agreement.
20.2 Without limiting the generality of clause 19.1, the Client is liable for any and all medical expenses or any loss or damage to personal property of whatsoever nature that occurs to the Talent or the property of the Talent during the Booking. Neither the Agent nor the Talent will bear responsibility in respect of any illness, accident, loss or damage of whatsoever nature that may occur during the Booking.
21. Force Majeure
21.1 Neither party will be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage and the party will be entitled to a reasonable extension of its obligations.
22. Assignment
22.1 The Client will not be entitled to assign any rights or obligations or in any way delegate its duties under these Terms and Conditions without the prior written consent of the Agent.
23. Severance
23.1 If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, that provision will be severed and the remainder of the provisions will continue in full force and effect as if these Terms and Conditions of that Terms and Conditions had been agreed with the invalid, illegal or unenforceable part eliminated.
24. Waiver
24.1 The failure by either party to enforce at any Date or for any period any one or more of the Terms and Conditions or a Term and Condition will not be a waiver of them or of the right at any Date subsequently to enforce all Terms and Conditions or all of the Agreement.
25. Notices
25.1 Any notice to be given by either party to the other may be served by personal service or by post to the address of the other party given at the time of Booking or such other address as such party may have communicated to the other in writing, with a copy sent by email. If given by letter it will be deemed to have been served at the time at which the letter was delivered personally or if sent by post will be deemed to have been delivered in the ordinary course of post.
26. Entire Agreement
26.1 These Terms and Conditions, along with the the Terms and Conditions (if executed) comprise the Terms and Conditions between the parties and, together, supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
26.2 If there is a conflict between any of the Agreement, the Booking Form and/or the Terms and Conditions, these Terms and Conditions will prevail.
27. Governing Law and Jurisdiction
27.1 These Terms and Conditions will be governed by the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales.