CASTING MEMBERSHIP / CASTING SERVICES TERMS AND CONDITIONS
The website www.movieextras.ie and www.castingzone.ie is operated and controlled by CREW, CAST and PERFORMERS Limited and LINK DIRECTORY Limited, Ardmore Studios, Bray, County Wicklow.
Please read this Agreement carefully as it sets out your rights and obligations with respect to use of the services provided by CREW, CAST and PERFORMERS Limited and LINK DIRECTORY Limited.
This Agreement (the "Agreement") is a legal Agreement between you (the "User") and CREW, CAST and PERFORMERS Limited AND LINK DIRECTORY Limited (here and after known as "LINK").
By registering and or using the service or services provided by LINK you agree to the following terms and conditions.
These Terms and Conditions are applicable to Users of the Directors Section of LINK's websites - ww.movieextras.ie and www.castingzone.ie and all who use the services of LINK.
LINK CANNOT accept liability for ANY misrepresentation by artists presented on the MovieExtras.ie or CastingZone.ie website. We advise all users to check the bone fide of any claim made by an artist and to request official photo identification of all who are booked and present themselves on set.
1 Restriction to access the Services of LINK & USER Covenants
1.1 You may not register for access to the Services of LINK if the following sub clauses apply to you:
1.1.1 You have ever been convicted of a serious or violent or sex related criminal offence or have committed an offence which could result in bringing LINK or that of the Companies that use LINK's services directly or indirectly into disrepute.
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 the services of LINK for unlawful purposes or deceitful purposes.
1.2 If during your membership as a User, any of the above sub-clauses - 1.1.1, 1.1.2, 1.1.3 - becomes applicable to you, you will notify LINK 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 LINK reserves the right to refuse access to its services at anytime. LINK will not enter into discussion as to why membership is refused and LINK's decision is final.
1.4 You agree that LINK will be the ONLY Employment Agency used by the production to provide extras and featured extras to the production.
1.5 You agree not to compete with the services of MovieExtras.ie within a THREE year period after your last use of the MovieExtras.ie service. This restriction applies to the Island of Ireland and the United Kingdom. Competing with MovieExtras includes but is not limited to setting up a business or working in a business which competes with MovieExtras.ie, in the area of providing extras or actors or models or entertainers to the Film, TV, and Entertainment Industries.
2 Criminal Convictions
If you have a criminal record prior to becoming a User or while you are a User, you must immediately inform LINK 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 LINK or that of the Companies that use LINK's services either directly or indirectly into disrepute, your membership maybe terminated. LINK reserves the right to solely decide to terminate your membership. LINK will not enter into discussion as to why membership is terminated and the LINK's decision is final.
3 Policy - Dealing with Minors on Set
By agreeing to the Terms and Conditions for access to the MovieExtras.ie / CastingZone.ie directory of artists, you agree that you will adhere to our policy about having minors (under 18 years of age) on set.
3.1 Your Key Commitments:
3.1.1 Supervision
No minor should ever be unsupervised while on set or under the care of the production team. There are no exceptions to this rule
3.1.2 Parental Supervision / Chaperone
Our preference is that you have either the mother or father of the child supervising the child on set at all times. If this is not feasible, you may use a chaperone, where the chaperone is a mother or father of at least one of the children on set and is dedicated to supervising a maximum of three children while on set.
3.1.3 Working Hours
The Department of Trade, Industry and Employment has set out strict guidelines on the number of hours that a minor may work on set. See below for further details.
3.2 Chaperone
A suitable chaperone must be in charge of the child at all times while he/she is present at the place of employment, on set or in rehearsal, except while the child is in the charge of a parent or guardian. The function of the chaperone shall include the care and control of the child with a view to securing his/her health, comfort, kind treatment and moral welfare. A chaperone shall not be in charge of more than THREE children at any time.
A chaperone should be with the child at all times whether: on set/stage area, dressing rooms, recreation, meals & break areas etc. The chaperone is the KEY PERSON to whom the child looks for protection, clarification and support while on set.
You should instruct the chaperone prior to the day in what they can expect to be doing on set.
Once on set, please go over the following details:
- Who is responsible on set,
- Any health and safety issues that they should know about,
- Who to contact in a medical emergency,
- Where the toilets are located on set.
3.3 MovieExtras.ie Children's Protection Policy
You agree to fully adhere to all of the terms contained within the MovieExtras.ie Children's Protection Policy, which may be viewed by clicking here.
3.4 Illness or injury:
At no time should a child perform when unwell. If a child falls ill or injured while in the Chaperone or Tutor’s charge, medical assistance must be gained and the parent/guardian & NERA (www.employmentrights.ie) informed immediately. The chaperone should always have a contact number for parents or guardian.
3.5 Working Hours:
The following hours, for a child to work on set, have been laid out by the Protection of Young Persons (Employment) Act 1996. These should be adhered to, by the production company, or to whomever is responsible for the minor at work, at all times.
3.5.1 Children under 7 years of age:
A child under 7 years may not be present at the place of employment for more than 5 hours a day, before 09.30 a.m. or after 4.30 p.m. except in special circumstances
- may not be present at the place of employment for more than 250 hours in any twelve month period.
- may not take part in a performance or rehearsal on any day:
for a continuous period of more than 30 minutes without an interval for rest,
for a total period of more than 2 hours.
3.5.2 Children over 7 and under 13 years of age:
A child between 7 and 13 years may not be present at the place of employment for more than 7½ hours a day, or before 9 a.m. or after 5 p.m. except in special circumstances
- may not be present at the place of employment for more than 700 hours in any twelve month period
- may not take part in a performance or rehearsal on any day:
for a continuous period of more than 45 minutes without an interval for rest,
for a total period of more than 3 hours.
3.5.3 Children over 13 years of age
A child over 13 years shall not be present at the place of employment for more than 8 hours a day, or before 9 a.m. or after 7 p.m. except in special circumstances.
- may not be present at the place of employment for more than 900 hours in any twelve month period.
- may not take part in a performance or rehearsal on any day:
for a continuous period of more than 1 hour without an interval for rest,
for a total period of more than 4 hours.
3.5.5 Night work
A child may take part in a performance after the latest relevant hour permitted only if it is essential for such performance to take place after that hour.
3.5.6 Education
Where the hours of work of the child involve an absence from school of more than one week, appropriate alternative teaching arrangements must be arranged.
Other Terms & Conditions
1 GENERAL
This Agreement constitutes the entire understanding and Agreement between you and LINK 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. LINK 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 LINK. Except as described herein, you may not assign this Agreement without our consent.
2 DISCLAIMER OF WARRANTY
USE OF LINK'S SERVICES, LINK'S WEB SITE, OR ANY CONTENT IS AT YOUR OWN RISK. LINK AND ITS BUSINESS ASSOCIATES PROVIDE LINK SERVICES AND WEBSITE ON AN "AS IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THAT LINK SERVICES OR WEBSITE IS FREE FROM DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
LINK makes no warranty that the services will meet User's requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does LINK 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.
If and only if the above clause does not apply to you, the maximum liability of LINK to you shall be limited to the subscription paid by you to LINK.
3 LIMITATION OF LIABILITY
IN NO EVENT WILL LINK NOR 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 LINK, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOST OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF LINK OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, LINK'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE REVENUE RECEIVED BY LINK (IF ANY) ATTRIBUTABLE TO YOUR USE OF LINK'S SERVICES OR WEBSITE. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, LINK's liability shall be limited to the extent permitted by law.
LINK will not be liable for any misrepresentation from an artist whose profile is viewed online or is otherwise provided to an entity through MovieExtras.ie.
4 INDEMNITY
You agree to defend, indemnify, and hold LINK, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this Website.
5 TERMINATION.
LINK may terminate this Agreement at any time for any reason, with or without prior notice. LINK shall have no further liability to the User whatsoever. The User may terminate this Agreement at any time by notifying LINK in writing to Link Directory Ltd, 2 The Courtyard, Ardmore Studios, Bray, County Wicklow, Ireland.
Should the User object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with LINK's services in any way, the User's only recourse is to immediately discontinue use of the services provided by LINK.
Without restricting LINK's ability to rely on other remedies that may be available to LINK, LINK will suspend or terminate the User's account at LINK's absolute discretion if: (i) we suspect that the User is engaging in illegal or fraudulent activity while using LINK's site; (ii) we suspect the User is breaching any term of this Agreement; (iii) we suspect the User is acting in a manner that is detrimental to the conduct of our business; or (iv) we are required to do so by law.
6 MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
LINK reserves the right of sole discretion to modify or discontinue the services offered by LINK, or any portion thereof, at any time, with or without notice to the User. LINK shall not be liable to the User or any third party should LINK exercise its right to modify or discontinue the services offered by LINK.
7 ACCESS TO SERVICES PROVIDED BY LINK
Access to the Directors Section within the website, www.movieextras.ie, is only available to authorised Users. The User agrees not to disclose the login details (username and password) to any third party whether within the company that they work for, or to an agent or anyone else.
8 VETTING OF REGISTRATIONS
On completion and submission of the registration form, the User grants LINK the right to investigate and verify that the details supplied by the User are accurate. LINK may use information from third parties to establish the accuracy of the information and to ensure that the User will only access LINK's services for the purpose of the recruitment of personnel for productions. If access to the services provided by LINK is denied, LINK will not enter into any communication as to why access is denied.
9 PROVISION OF ACCESS
It is at LINK's sole discretion to provide access to the services provided by LINK. There shall be no obligation of the provision of access to any services provided by LINK, even if the User will only use the services in accordance with the terms and conditions laid out in this Agreement.
10 USERNAME & PASSWORD
Users will choose their own confidential password. The User should keep their details confidential. The User agree to inform LINK at once by electronic mail or telephone if the User believes that the Users account information is being misused by a third party.
11 LOGGING OF ACCESS TO THE DIRECTORS SECTION
LINK reserves the right to log all access to the services provided by LINK by the User and to hold such records for a reasonable length of time.
12 SENDING EMAILS / SMS / TEXT MESSAGING
LINK reserves the right to vet all emails / SMS / Text Messages and to impede the sending of such, if LINK is of the opinion that the message is offensive, rude, illegal or contrary to the spirit of the provision of the service by LINK to the User.
13 PROMOTION
The User grants LINK the permission to advertise, promote or mention the involvement of the User with LINK. Such usage may include, but is not limited, to advertising on the website, leaflets, posters and other promotional material. LINK may cite the User as being a registered user of the database and may use the User's logo or the Production title on LINK's website, or any other place deemed suitable.
14 DATA PROTECTION ACT 1988
The User undertakes to adhere to the relevant clauses of the Data Protection Act 1988 pertinent to the use and storing of information obtained from the services provided by LINK.
The User indemnifies LINK from any third party action or other liability that may arise should the User not comply with the obligations contained within the Data Protection Act 1988 even if non-compliance is caused by actions which were accidental, non intentional or beyond the control of the User.
Should the User be unaware of the obligations contained within the Data Protection Act 1988, the User will acquaint themselves with these obligations prior to agreeing to the terms and conditions of this Agreement.
15 MISUSE / INCORRECT INFORMATION
LINK does not warrant that the information available from any of the services provided by LINK is accurate, complete or current. LINK will have no liability whatsoever in respect of any use which you make of such information.
LINK accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of our services.
LINK will not be liable for any loss that you may incur as a result of misuse of Usernames or Passwords and LINK accepts no liability resulting from any unauthorised use, whether fraudulent or otherwise.
16 DOWNLOADING INFORMATION
A registered User may download information from the services provided by LINK and record or save onto other medium or may print the information, subject to the following:
16.1 The User agrees to treat all data with care;
16.2 The User will take all reasonable steps to ensure that the information downloaded will not be accessed by third parties;
16.3 The User will destroy all information once the immediate purpose for which the information was downloaded has expired, for example, all information will be destroyed once the production is complete;
16.4 The User will destroy all information within six months of obtaining that information from the services provided by LINK.
16.5 The User agrees not to contact members using any mass contact medium without prior written permission from LINK
16.6 If the User is no longer a member, the User is prohibited from contacting any Members without the written permission by LINK and agrees to destroy all members information
17 VIRUSES
Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or images from this website.
18 USE OF DATA
18.1 The User will not sell, hire, license or sub-license any information obtained from the services provided by LINK to third parties.
18.2 The User is strictly prohibited from using the data obtained from the services provided by LINK to recruit subscribers to other agencies or services offering similar services to LINK.
18.3 The User is strictly prohibited from using the data obtained from the services provided by LINK for any financial gain to the User with the exception of using the data to recruit personnel for productions.
18.4 The User is strictly prohibited from giving or sharing the data obtained from the services provided by LINK to any extras agency, modelling agency, actors agency or other agency located anywhere in the World.
18.5 The User warrants that they are not an extras agency, modelling agency, actors agency or other agency or representing such agencies whether as a consultant, contractor, sub contractor or any other form of relationship to an agency. If the User falls into any of these categories, they agree to immediately stop using the Service provided by LINK and to delete any information obtained by being a member of LINK
18.6 Email and text messaging - the user will only contact members via email and text message through the MovieExtras.ie website and through no other service or method of contact.
18.7 If the user is no longer a member of MovieExtras.ie, the user is prohibited from contacting members of MovieExtras without the members prior written consent
Clauses 18.1, 18.3, 18.4, 18.5 and 18.6 will apply to the User for a period of FIVE years after they have last accessed the services provided by LINK.
19 EXPIRATION OF LOGIN DETAILS
LINK reserves the right to place an expiration date on login details provided to Users. It will be at LINK's sole discretion to extend login access or to provide new login details.
20 SHARING OF INFORMATION WITH THIRD PARTIES
The User may not disclose or share information obtained from the services provided by LINK to any third party.
21 CHARGES
With the exception of the Text Messaging / SMS function, there is no charge for the services provided by LINK with respect to access to the Directors Section save access costs or other charges such as telephone call charges which LINK has no financial interest in.
LINK reserves the right to introduce charges for any of the services provided by LINK. Should charges be introduced, the User has the right to terminate this Agreement. The User will be provided with 7 days notice prior to the introduction of such charges. This notice may be served by email or through the post. The method of serving this notice will be at the sole discretion of LINK.
22 USE OF THE TEXT MESSAGING / SMS FUNCTION
The use of the text messaging / SMS function is optional for all users. Should the User choose to use this option, the User will undertakes to pay the costs associated with the use of this service to the third party providing the facility to send text messages. The User agrees to indemnify LINK for any liability in connection with this service.
23 ADVERTISING
LINK may serve advertisements to the site or work with a third party to serve the advertisements. Advertisements placed on LINK's site/s may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorship's.
The User agrees that LINK has the right to run such advertisements and promotions. The Users correspondence or business dealing with, or participation in promotions of, advertisers found on or through the services offered by LINK, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that LINK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services provided by LINK.
24 ACT OF GOD
LINK are not liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other delay or failure caused by a third party. In such an event, LINK reserves the right to cancel or suspend our services without incurring any liability. LINK are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services or prevent you from being able to contact us.
25 INTELLECTUAL PROPERTY
LINK is the owner or authorised user or licensee of all the intellectual property rights in the LINK website and its content including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting in Ireland or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, LINK does not grant any express or implied right to you in any intellectual property rights or secret information held on our servers.
26 LINKS TO THIRD PARTIES
The LINK site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by LINK of the contents on such third party web sites. LINK is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
27 NO AGENCY / PARTNERSHIP
LINK and the User acknowledge that no partnership has been created by the arrangements set up by LINK in respect of the Database and that LINK may assign the benefits of and obligations under this Agreement to a third party.
28 ASSIGNMENT
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of LINK and any attempted assignment and delegation without such consent shall be void and without effect. LINK shall be entitled to assign this Agreement. This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
29 NOTICE
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. The medium to communicate all notices will be at LINK's discretion. LINK may broadcast notices or messages through the website, www.movieextras.ie, and such broadcasts shall constitute notice to User.
30 AMENDMENTS TO TERMS & CONDITIONS
LINK reserves the right to amend these Terms and Conditions at any time and at its sole discretion and without notice to you. Any such revision will be binding and effective immediately on posting of notification of such changes on the web site.
31 GOVERNANCE
These standard terms and conditions shall be governed and construed in accordance with the laws of the Republic of Ireland. These terms & conditions supersede all previous revisions.
If any provision(s) of this Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
32 SEVERABILITY
LINK retains the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the Terms and Conditions of registration and may terminate the Services if LINK determines in its sole discretion that the User's conduct is inconsistent with the Terms and Conditions of registration.
33 MISCELLANEOUS
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance's.
IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, DO NOT REGISTER OR AGREE TO THE SERVICE OR SERVICES PROVIDED BY LINK.
If you have any inquiry or concern about our privacy policy or the way in which we are handling personal data please contact support@movieextras.ie.
