MEMBERSHIP TERMS AND CONDITIONS
This service is provided by Crew, Cast, Performers Limited T/A Movie Extras and Crew, Cast, Performers Limited T/A Casting Zone and Link Directory Limited and related T/A Names, Ardmore Studios, Bray, County Wicklow, Ireland. Please read this Agreement carefully as it sets out your rights and obligations with respect to use of the services provided by Crew, Cast, Performers LIMITED T/A Movie Extras and Crew, Cast, Performers T/A Casting Zone. This Agreement (the "Agreement") is a legal Agreement between you (the "Member") and both Crew, Cast, Performers Limited T/A Movie Extras, Crew, Cast, Performers Limited T/A Casting Zone and Link Directory (various T/A names) ("ALL to be referred as MovieExtras"). By subscribing to the service or services provided by MovieExtras you agree to the following Terms and Conditions (T&C's).
The term MovieExtras used in this document will expressly refer to ALL of the businesses of Crew, Cast, Performers Limited and Link Directory Limited including any and all business names associated with these companies.
This Agreement constitutes the entire understanding and Agreement between the Member and MovieExtras 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. MovieExtras 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 MovieExtras. Except as described herein, the Member may not assign this Agreement without MovieExtras's consent.
Use of MovieExtras's services is at the subscriber's own risk. MovieExtras and its business associates provide MovieExtras 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 MovieExtras services is free from defects, merchantable or fit for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. MovieExtras makes no warranty that the services will meet Member's requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does MovieExtras 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.
MovieExtras will act as your Agent in all commercial agreements arranged through your membership of MovieExtras in perpetuity.
MovieExtras reserves the right to amend these Terms and Conditions at any time and at its sole discretion and without notice to the Member. Any such revision will be binding and effective immediately on posting of notification of such changes on the web page - http://www.movieextras.ie/member_terms.html.
These Terms and Conditions apply to all Members of MovieExtras.ie whether the Member has signed up online, via a photoshoot, via the phone or any other method that may be employed from time to time whether paid for or not.
Under 18's require a Parental Consent Form to be submitted prior to being considered for opportunities on set.
We advise Members to regularly look at this page to ensure that Members are aware of the current Terms and Conditions.
Please note that you may come into contact with supervised Minors on set.
1 Restriction to Being a Member of MovieExtras
1.1 You may not register as a Member of MovieExtras if the following sub clauses apply to you:
1.1.1 You have ever been convicted of a criminal offence or have committed an offence which could result in bringing MovieExtras or that of the Companies that use MovieExtras's services directly or indirectly into disrepute. Or if you are or were a member of an illegal paramilitary organisation.
1.1.2 You are employed or own a business that competes with our services either directly or indirectly.
1.1.3 You are registering to MovieExtras for unlawful purposes or deceitful purposes
1.2 If during your membership as a Member of MovieExtras.ie, any of the above sub-clauses - 1.1.1, 1.1.2, 1.1.3 - becomes applicable to you, you will notify MovieExtras.ie 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, MovieExtras.ie, Ardmore Studios, Bray, Co Wicklow, Ireland. Your membership to MovieExtras will immediately cease. MovieExtras will acknowledge your letter within seven working days of receiving your letter, and this letter from MovieExtras will be deemed as the only proof that MovieExtras has received your letter. MovieExtras reserves the right to solely decide to terminate your membership. MovieExtras will not enter into discussion as to why membership is terminated and the MovieExtras decision is final.
1.3 MovieExtras reserves the right to refuse membership to its services. MovieExtras will not enter into discussion as to why membership is refused and MovieExtras decision is final.
1.4 You have to provide a valid PPS number which matches your name to be considered for any opportunities on set.
1.5 You will be required to provide legal photo identification to be on set. Acceptable forms of identification are: Passport, Drivers License, College Card and National Age Card.
1.6 You agree to keep all information obtained from MovieExtras.ie 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. Any information which is generally sent out to all Members of MovieExtras.ie through our regular updates and ezines or information which is in the Public domain is excluded from this clause. If you do not agree with this, you are strictly prohibited from being a member of MovieExtras.ie. This clause is in perpetuity even if you your membership is discontinued.
1.7 You agree not to take any photographs and or videos while on set. If you do not agree with this, you are strictly prohibited from being a member of MovieExtras.ie.
1.8 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 from MovieExtras.ie or our Partners, you are strictly prohibited from becoming a member of MovieExtras.ie.
1.9 You agree that all information provided on your profile and / or to any member of MovieExtras is truthful
2 Performers Protection Act 1968
The Member grants to MovieExtras all necessary performer consents including consent under the Performers Protection Act 1968 and otherwise (the Members 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 MovieExtras to distribute the Members entry and to enable MovieExtras to sign agreement to the use of the Members image in a production and to agree fees on behalf of the Member. MovieExtras is entitled to consent to the use of the Members image or performance on behalf of the Member without notifying the Member prior to the consent.
You explicitly agree that you have the explicit consent of the owner of any material that you place or submit to MovieExtras either by email, through your account or any other way, to do so. This includes photos, showreels, video content and any other information that you submit to MovieExtras. You agree that if MovieExtras request to view the consent from a third party, that you will furnish such consent within five working days. You further agree that should there be any claim for copyright infringement for content that you submit to MoveiExtras, that you will be fully liable for such a claim and you will indemnify MovieExtras from such a claim.
3 Criminal Convictions
If you have a criminal record prior to becoming a Member of MovieExtras or while you are a Member of MovieExtras, you must immediately inform MovieExtras in writing by using the Registered Post service as provided by the An Post service and addressed to: The Managing Director, MovieExtras.ie, Ardmore Studios, Bray, Co Wicklow, 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. MovieExtras will acknowledge your letter within seven working days of receiving your letter. This letter from MovieExtras will be deemed as the only proof that MovieExtras has received your letter and that you have complied with this clause. If your criminal conviction is deemed that it could result in bringing MovieExtras or that of the Companies that use MovieExtras's services either directly or indirectly into disrepute, your membership maybe terminated. MovieExtras reserves the right to solely decide to terminate your membership. MovieExtras will not enter into discussion as to why membership is terminated and the MovieExtras decision is final.
MovieExtras reserves the right to vet all applicants wishing to join the MovieExtras service. This may include, but is not limited to requesting character references from people involved in the Film Industry.
5 Deduction from Fees
MovieExtras are entitled to deduct from moneys received by MovieExtras for castings a Member on set, a casting fee and/or payroll fee and/or any other relevant fees. MovieExtras will invoice the production company for the services of the Member through the MovieExtras casting service. Provided that MovieExtras is paid by the production company MovieExtras will, after deduction of casting fees and/or other fees, pay the Member the amount due, less any deductions for PAYE, employers PRSI, USC and Employee PRSI and any other fees or taxes due.
You are explicitly responsible for any costume or accessories provided to you while on set. Whether this is a costume, a moustache or any other accessory, you need to look after it while you have it. If it gets lost or damaged while you have it, you will be required to pay for it and this may be deducted from any wages owed to you by MovieExtras.
6 Recurring Payments
All payments are recurring unless cancelled by yourself within twenty days of your contract expiring. MovieExtras retains the sole right in retaining the representation of you in perpetuity whether you have renewed your membership or not.
7 Price Increases / Decrease
MovieExtras reserves the right to increase or decrease the fees at any time. These price changes will be reflected at www.movieextras.ie/registration/@@register.html. Such price changes are immediately effective once they have been published on this page.
In no event will MovieExtras or its employees, distributors, distributees, suppliers, business associates, advertisers, directors or agents (collectively "affiliates") be liable for any indirect, special, incidental or consequential damages arising out of the use, installation or the inability to use MovieExtras, even if MovieExtras or its affiliates have been advised of the possibility of such damages. In any event, MovieExtras's entire liability under this agreement shall not exceed the revenue received by MovieExtras (if any) attributable to the subscriber's use of MovieExtras's services or website.
If MovieExtras books the Member for a day on a production or commercial or acts as a payment intermediary between the Member and a commercial organisation, then MovieExtras will pay the Member the fee received from the production or commercial organisation less any deductions to include but not limited to casting fee, payroll/administrative fee, other relevant fees, employers PRSI, employee PRSI, USC, PAYE and any other fees or taxes. The fee will only be paid when the funds from the commercial organisation have been cleared through MovieExtras bank account. In the event that the fee is not paid or is less than what is expected, MovieExtras accepts no liability in paying the difference between what is expected and what is received by MovieExtras, no matter what the reason for the deficit. This includes but is not limited to a mistake or other originating from MovieExtras, the commercial organisation or a third party. Such incidences may include but are not limited to the commercial organisation or other going into receivership, liquidation or other which may result in a payment not being received by MovieExtras.
You agree that if you are booked for an advert or other commercial production, that where there is a possibility of a buyout, you agree that the buyout will only be paid when and if, your image is used in the advert or commercial production when it is published. The agreed buyout fee may change if the exposure of your image is different than what was first agreed. This maybe for a different role, change in - territory, terms, medium or time. Thus upon being offered an advert or commercial assignment you explicitly agree that the buyout will ONLY be payable if your image is used in the published version of the advert or commercial and MovieExtras 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 MovieExtras 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 will be represented by MovieExtras. MovieExtras will be entitled to take a percentage of all such fees from work obtained through the introduction.
10 Service Supply
MovieExtras reserves the right of sole discretion to modify or discontinue the services offered by MovieExtras, or any portion thereof, at any time, with or without notice to the Member. MovieExtras shall not be liable to the Member or any third party should MovieExtras exercise its right to modify or discontinue the services offered by MovieExtras. No refunds will be granted to Members in this instance.
11 Complaints from Production Companies
The Member undertakes when working for the Database User (normally a production company directly or indirectly through MovieExtras) as far as possible to comply with the punctuality and other reasonable requirements of the database user and to conduct themselves in a proper and professional manner. If MovieExtras obtains any complaints in relation to the work of the Member whether arising out of failure to turn up, punctuality, conduct or otherwise MovieExtras shall be entitled to decide to remove the Member from the Database and MovieExtras 's decision shall be final. No refund of any fees paid will be made in that event.
MovieExtras reserves the right to terminate Members accounts following the expiry of the subscription period. The Member can renew the subscription within 14 days, following the expiry date of the subscription period.
If you are the parent or legal guardian of a Minor (under 18 years of age) who is a member, you give MovieExtras the right to enter into legally binding agreements on behalf of the Minor. You further give MovieExtras the right to assign this right to a Chaperone who is appointed by MovieExtras or a crew member on set.
You agree that MovieExtras 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.
14 Offers of Opportunities on Set
Offers of opportunities on set to the Member will be communicated to the Member by the Database User (normally a Production Company or Agency or MovieExtras). MovieExtras undertakes to use all reasonable endeavours to promote the Database. However, MovieExtras cannot guarantee the number of times that the Member's entry will be reviewed by users of the database nor the amount of opportunities on set the Member may obtain as a result of the entry on MovieExtras's Database. MovieExtras shall use all reasonable endeavours to ensure that only third parties with the intent to recruit extras for particular productions will access the Database. In order for MovieExtras's product offering to function properly the Member's contact information and personal information is always available to users of the database, and such users are entitled to share such information (including, without limitation, by forwarding portfolio URLs containing contact and portfolio information, which forwarded portfolio URLs will be accessible to persons other than the users) for project specific professional purposes. MovieExtras and the database user may share information about your conduct on-set, or any interaction with MovieExtras or the database user. MovieExtras reserves the right to keep records of this information which may be accessible by the database user. While on set, MovieExtras nor the production company can take any responsibility for Member's personal belongings including loss, damage, theft or otherwise of Member's personal belongings.
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 30 days of submission. No photographs other than personal 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. MovieExtras reserves the right, to reject or remove any photograph that do 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 MovieExtras be liable for the said photograph. You grant MovieExtras permission to use your photo anywhere on the Site or in on any literature, brochures, letters and any other material of a marketing or sales nature, which MovieExtras may commission or use from time to time. You agree that at all times the photograph on your members account is an up to date representation of how you currently look. You also agree to update your photo every twelve months. For members under 12 years of age, the parent or legal guardian agree 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 MovieExtras.ie directory.
16 Copyright - Photographs & Marketing / Promotional Purposes
From time to time, MovieExtras holds photoshoots where Members and new Members can get professional pictures taken. These pictures remain the copyright of the photographer. In agreement with the photographer, these pictures are licensed to MovieExtras for use on the MovieExtras.ie website and other such media as required by MovieExtras. It is strictly prohibited to use these photos on any other website whether for commercial or personal use without written clearance from the photographer. The Member also assigns to MovieExtras (and in the case of future copyright by way of present assignment) all copyright, design right, patents, know-how, inventions, rights in computer generated software and confidential information in the written, tangible or other work created by the Member pursuant, or in any way related, to this Agreement for the full period of such rights.
The member gives MovieExtras explicit copyright and buyout rights to the use of their image whether still or action from adverts, promotions or any other productions that the member gets involved with due to being a member of MovieExtras. MovieExtras may use these images to promote MovieExtras either on the MovieExtras site or any other third party medium or for any other reason. This right is in perpetuity even if the member is no longer a member of the MovieExtras service. There will be no fee due to the member from MovieExtras for this usage no matter what the image is used for.
17 Use of the Service
MovieExtras accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through the Member's use, or misuse, of MovieExtras's services. MovieExtras does not grant any express or implied right to the Member in any intellectual property rights or secret information held on its servers or belong to MovieExtras.
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. MovieExtras may broadcast notices or messages through the website, www.MovieExtras.ie, or through the email address on a Members Account or advising that the Members should review these Terms and Conditions sent to the Member by email, such broadcasts shall constitute notice to the Member. It is the responsibility of the Member to ensure that they have a valid email address on their account so that they can receive these notices.
19.1. Members undertake to keep confidential any and all information that is communicated to them from:
- from a production
- from a production company
- being present on set.
19.2. All members and directors or anyone affiliated with MovieExtras.ie (affiliated meaning any person who uses or accesses the MovieExtras.ie 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 MovieExtras.ie either directly or indirectly or anything to do with a production where the contact came through MovieExtras.ie, without written consent from MovieExtras.ie.
19.3. Members 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 MovieExtras.ie.
19.4. 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. Furthermore you agree to let a member of a production company or a member of crew to check the contents of your mobile phone to ensure that you have not taken any photographs or video footage of anything on set, and you allow the deletion of any such photographs or footage from your mobile phone or recording device if found on your mobile phone or other recording device.
20 Removing of Profiles
MovieExtras reserves the right to remove a Members profile or to reduce the amount of opportunities on set offered to a Member for the following actions, but not limited to these actions: not showing up on a production where they are booked, for cancelling when they are booked, for being late for after being booked, repeated non response to availability checks, use of bad or abusive language to staff, crew or fellow Members or anyone on set, causing any trouble on set, bringing the production company or MovieExtras into disrepute and any other action which leads to the disruption of the service or creates a negative image of the service that MovieExtras provides or any organisation in the Film, Television, Advert, Promotional Industries or any other Industry or companies that MovieExtras has a relationship with.
The Member hereby indemnifies and holds MovieExtras harmless from and against any and all costs, damages and expenses, including legal fees, arising in any way from the acts, omissions or negligence of the Member.
The rights and obligations of MovieExtras hereunder may be transferred to its successors and assigns. The Member may not, however, transfer or assign his/her rights or obligations under these Terms.
23 T&C's Governed by the Laws of Ireland
These standard T&C's shall be governed and construed in accordance with the laws of the Republic of Ireland. These T&C's supersede all previous revisions. MovieExtras and the Member acknowledge that no partnership has been created by the arrangements set up by MovieExtras in respect of the Database and that MovieExtras may assign the benefits of and obligations under this Agreement to a Third Party. MovieExtras retains the right, at its sole discretion, to determine whether or not the Member's conduct is consistent with the letter and spirit of the T&C's of registration and may terminate the Services if MovieExtras determines at its sole discretion that the Member's conduct is inconsistent with the T&C's of registration. This is subject to the Laws of the Republic of Ireland.
IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS - DO NOT REGISTER WITH www.MOVIEEXTRAS.ie
© Crew, Cast, Performers Limited and Link Directory Limited 2016, all rights reserved. Copying, alteration or distribution of this information is strictly prohibited without written consent from Crew, Cast and Performers Limited or Link Directory Limited. Copyright breaches will be legally pursued.