Terms & Conditions
The Casting Collective Artiste Terms and Conditions of Engagement:
Your contract with us
1. Please read the terms and conditions below and the guide (referred to as “the guide”) carefully as together they form the binding contract (referred to as this “contract”) between you (referred to as “you” or “your”) and The Casting Collective Limited of 109-111 Farringdon Road, London, EC1R 3BW (Company No. 03838848) (referred to as “The Casting Collective” or “we”, “us” or “our”).
2. By submitting your application to be registered as an artiste with The Casting Collective you agree to be bound by this contract. If there is anything you do not understand in these terms and conditions or your guide, please contact us..
3. We may update the guide from time to time, for example where the requirements of production companies change, so please check it regularly.
How to apply:
4. You can apply to be included in our casting book of artistes (referred to as our “casting book”) by submitting the online application form. You must provide complete and accurate responses to all the information requested on this form including three photographs taken no more than 6 months previously (we refer to this information as “your details”).
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 The Casting Collective.
- You agree that you don’t have any unspent criminal convictions other than driving convictions, including sexual offences under the Sexual Offences Act 2003.
- You are not on the sex offenders register and you have never been subject to any disciplinary action or sanction relating to vulnerable groups.
- 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 live and work in the UK.
- You agree that we may publish your details (including your photographs) in the 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 The Casting Collective (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.
Registration in our casting book
6. You are not officially registered with The Casting Collective until you receive an approval email from us, normally 72 hours after your application. It may take us longer to review and approve your application during busy periods.
7. Important: By applying you are not automatically included in our 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 casting book this contract will automatically terminate.
8. Once you receive your approval email you must upload via our website a photocopy of your passport or permit to work in the UK. We are unable to offer you any bookings or pay you any fees until we receive this. If you do not upload this within 30 days of our approval email we may remove you from the casting book.
9. Once you have been approved you will be included in our casting book for 12 months from approval date. This contract will automatically expire on that date. We may contact you prior to that date regarding renewal.
10. Important: Once we accept your application, you appoint The Casting Collective 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 The Casting Collective.
11. 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
12. You are responsible for accuracy of all your details you provide to us in your application and keeping your details up to date. You can contact us at any time to update your details. If we discover that any of your details are materially inaccurate we reserve the right to remove you from the casting book and terminate this contract.
13. In particular you must ensure that all physical descriptions and measurements are accurate and are kept up to date and your photographs accurately represent how you look. If you fail to do so, this may result in your being sent home from a booking unpaid.
14. You must also ensure that your bank account details are correct and kept up to date as we pay your fees by BACS to this account. We are not responsible for retrieving any payment we make to the latest bank account details you have provided to us.
15. Where we do not accept you onto our casting book, we may retain your details for up to 3 years. We may contact you from time to time about ad hoc bookings which may be of interest to you.
16. Under the Data Protection Act 1998, we are the data controller of all your details we hold. We will use your details only for purposes related to this contract, or as agreed by you or permitted by law, including contacting you with offers of bookings and details of other productions we are casting for, and about other services related to your bookings. We will use appropriate measures to keep your details safe and secure.
17. Where you have given us your consent, we may also provide your details to third parties who may send you information about products and services which may interest you.
18. We will keep an archive of your details for so long as you remain on our casting book plus up to three years afterwards.
19. This section will continue to be effective after expiry or termination of this contract.
20. We will deduct an administration fee of up to £65 (inclusive of VAT) from the first paid filming day booking we arrange for you in your 12 month registration. The amount of the administration fee depends on which book you are registered on (London or the rest of the UK). This fee covers our administration costs and the cost of entry into the casting book, and is therefore non-refundable
21. We also deduct a 15% (plus VAT) commission from all fees you receive for bookings which we arrange for you (referred to as “our commission”).
22. From time to time we may contact you to offer you bookings. We are not obliged to offer you any bookings at any time.
23. You are not obliged to accept any booking offered to you. Once you accept a booking you must keep yourself free for the whole of that day. This applies even where a booking is for only part of a day, for example for a costume fitting.
24. If for any reason you do become unavailable for a booking you have accepted, you must contact the person at The Casting Collective 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.
25. 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.
26. You must comply with the instructions set out in the "bookings" section of the guide..
27. 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 6pm, we are entitled to replace you without further notice to you. This means that the production may not allow you on set and you will not be paid.
28. Your engagement on any booking is subject to a separate contract with the production company. The guide includes a standard version of a production company agreement, which you agree to be bound by.
29. Some production companies make changes to this agreement, and the applicable version will be sent to you in the email from the Casting Collective booking you for each engagement. Some production companies may require you to sign a written contract with them, others may not require any additional formalities.
30. In any event, by attending the production location for the engagement you will be deemed to be bound by that production company agreement (as set out in the email from the Casting Collective booking you for that engagement).
31. 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.
32. 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.
33. 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 The Casting Collective or any production staff member, or if you misrepresent The Casting Collective 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.
34. Important: While you are on set (or on any transportation to set provided by the production company) The Casting Collective 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.
35. 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.
36. Important: If you have any problems or queries when you are on set, you must contact The Casting Collective 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 the appropriate person on set.
37. 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, Twitter and Instagram).
If you breach this clause we will immediately remove you from the casting book.
38. You authorise The Casting Collective to receive all fees from production companies for your bookings, on your behalf. These fees will be deposited into our client account. You consent to using The Casting Collective’s ‘Paperless Payments’ system. We use this system where the production company agrees.
39. 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 15% commission (plus VAT) 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.
40. The Casting Collective 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 The Casting Collective is not liable to you for any fees which a production company fails to pay.
41. If you receive any fees directly from the production company The Casting Collective is entitled to invoice you for our commission. This will be a VAT invoice, where appropriate.
42. On some TV and film productions you will be given a salary voucher (a chit) at the beginning of each filming day. It is your responsibility to keep hold of this, make sure it is signed at the end of each day by an appropriate member of the production company, and return it to the production company. You will receive a copy of your salary voucher which you must keep as proof that you worked that day. The production company may refuse to pay your fees if it does not receive a signed salary voucher at the end of the day and we are entitled to invoice you directly for our commission on the fees you would have been paid.
43. If the production company does not provide you with a salary voucher (chit) it is your responsibility to keep a record of all times and dates that you worked. If you work any overtime, you must email details of this to your contact at The Casting Collective the next day. If you do not, you may not receive payment for this. You consent to using The Casting Collective’s ‘Paperless Payments’ system. We use this system where the production company agrees.
Taxes and National Insurance
44. 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.
45. 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 The Casting Collective.
46. You may be considered exempt from National Insurance if you are of retirement age and have a valid exemption certificate.
47. This contract will automatically expire 12 months from approval date. We may contact you prior to that date regarding renewal.
48. You may terminate this contract at any time by providing us with 30 days written notice. You or we may terminate this contract at any time by serving written notice on the other, if the other is in material or persistent breach of this contract. In both cases, we will immediately cancel all bookings which were due after termination.
49. 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.
50. Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date.
51. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.
52. We may update the guide which will be available on our website, but without specific notice to you. Otherwise this contract may be varied by us on 30 days written notice to you.
53. If you or we fail to require the performance of any terms of this contract or you or we waive any breach of this contract, this will not prevent you or we later enforcing such term, nor be deemed a waiver of any subsequent breach of this contract.
54. Should any provision of this contract be declared invalid for any reason, such decision will not affect the validity of any remaining provisions which will remain in force and effect. In those circumstances, we are entitled to replace the invalid provision with a provision of similar or equivalent economic effect, by written notice to you.
55. 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 The Casting Collective in any way.
56. 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.
57. Nothing is this contract confers any rights or benefits on any person or legal entity other than you or us.
58. 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.
59. 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.