TERMS & CONDITIONS
Main Points to consider when joining:
* 12 Month Exclusive Contract *
* No Joining Fee, nor is it deducted from jobs we get for you *
* 10% +gst commission retained by 15 Agency *
* We cant guarantee you work, but we try to get you as much as we can *
* You can Update your profile*
* You must have fun and enjoy the experience *
* Minors must have parent/guardian permission and they must be the contact person – parent/guardian can join as well *
* You must have your own reliable transport *
* You must be able to attend Auditions during the day during working hours and weekends *
Our Full Terms and Conditions:
a. “Agent” or “Agency” shall mean the person authorised, expressly or implied to act for another. Agency involves authority in one person (the agent) to create legal relations between another person (the principal) and third parties. A person acting on behalf of, with the authority of the Talent or Client.
b. “Client” shall mean the person having consulted, referred, appointed or instructed Extraordinary NZ Ltd t/a 15 Agency in the engagement of Talent.
c. “Contract” shall describe this Agreement and is intended to be enforceable at law.
d. “Job” shall mean an individual piece of work, activity, labour, assignment, appointment, position and the like which the Talent can expect to be paid for.
e. “Talent” shall mean the person or Talent Applicant so registering and herein authorising 15 Agency to represent them for promotion towards a Job, castings or acting assignment.
f. “Extraordinary NZ Ltd t/a 15 Agency” shall be referred to in this agreement as 15 Agency and include any agents or employees thereof.
For practical reasons, as it avoids any double bookings and people going for two auditions for the same part and because it is generally accepted as good industry practice:
a. The Talent agrees, authorises and accepts 15 Agency as my exclusive Agent. Agent has meaning as described in Clause 1(a) of this agreement.
b. The Talent agrees to remain with 15 Agency for the full duration of any Job 15 Agency organises for them. This shall include rollovers or extensions of the initial Job and redefinition of commission fee.
a. Any instructions received by 15 Agency from the Talent for Job services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
b. 15 Agency requires not less than 24 hours notice of cancellation by Talent so a suitable replacement may be found. Talent not complying with this Clause 3 may not be rebooked or at the sole discretion of 15 Agency be removed from its database.
The terms and conditions of this Agreement will come into force from the Effective date and will continue in force until the agreement is either terminated in accordance with the Termination Clause 14 of this agreement or any term is altered by mutual agreement in writing.
5. COLLECTIONS AND USE OF INFORMATION
a. The Talent authorises 15 Agency to collect, retain and use any information about them, for the purpose of assessing the Talents suitability for booking purposes, job suitability, enforcing any rights under this contract, or marketing any other services provided by 15 Agency to any other party, including being, but not limited to the use of the Talents photograph in print and digital form and inclusion on the 15 Agency managed internet websites.
b. The Talent authorises 15 Agency to disclose any information held by them to any person for the purpose set out in clause 5(a).
c. 15 Agency respects the personal information of its Talent and undertakes not to divulge any information to anyone, other than in the course of finding the Talent work.
6. 15 AGENCY CONSIDERATION
a. In consideration of 15 Agency , the Talent agrees and accepts that 15 Agency are entitled to a 10% commission fee from the gross talent fee received, plus GST on any job, roll over or residual payments. In addition, 15 Agency shall be responsible for deducting withholding tax, as it may be required to do so. Such deduction shall be subtracted prior to payment of any amounts to the Talent.
b. 15 Agency may at its discretion charge the Talent a one-off joining and/or yearly administration fee; this sum covers the Talent’s initial registration to be entered and/or maintained in the 15 Agency database. The parties agree that the joining and administration fee shall exclude costs for a professional portfolio, which shall be the exclusive responsibility of the Talent.
c. 15 Agency reserves the right to amend or review the joining and administration fee including from time to time and at their sole discretion, waive such costs. Such waiver shall be the exclusive authority of 15 Agency.
d. The Parties agree that 15 Agency will make all reasonable efforts to find work for the Talent, however no guarantees implied or otherwise are given.
e. In any event, refund of any initial joining and administration fee is expressly declined. Any waiver of such shall be the exclusive authority of 15 Agency.
a. Subject to Clause 6 of this Agreement, payment for the services of the Talent takes approximately 2-8 weeks to process and is conditional on 15 Agency receiving timely payment from its Clients for Talent services.
b. It is the Talents responsibility to ensure 15 Agency has their correct IRD number, postal address and bank account details in order that 15 Agency may disburse payments as quickly as possible.
c. The parties acknowledge that payment may take longer (refer Clause 7(a)) due to possible delays on the production company to pay 15 Agency.
d. For the purposes of accurate payment disbursements, in every instance, it shall be the responsibility of the Talent to sign in and sign out on the 15 Agency or the nominated production companies timesheet provided when on-set at a Job.
8. BENEFITS AND PRIVILEGES
The Talent shall have no claim what so ever to any benefits or privileges under this agreement or as an extension of this agreement, implied or otherwise unless expressly consented in writing by 15 Agency.
9. HOURS OF WORK
Hours of work are flexible and wholly dependent on the Client requirements. Talent confirmed will be contacted by 15 Agency prior to confirm availability. Talent confirmation of availability shall accordingly be deemed as Acceptance and therefore subject to Clause 3 of this agreement
Unless detailed in one-off contracts for some productions, which may require travel outside of your region, all travel costs shall be the sole responsibility of the talent.
The Talent are required to comply with the 15 Agency Code of Conduct and forms part of this agreement. This Code may be changed from time to time and Talent will be informed of any changes in writing.
12. CONFIDENTIALITY AND NON-DISCLOSURE
Subject to Clause 5 of this agreement Talent are required to observe the requirements and limitations of the Privacy Act 1993.
Talent shall not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm, corporation, or other entity in any manner whatsoever any information concerning any matters affecting or relating to the business of 15 Agency, including but not limited to information relating to any of its customers or clients, the prices it obtains or has obtained from its services or any other information concerning the business of 15 Agency, its manner of operation, its plans, processes, customers, clients, other Talent or other data without regard to whether all of the above-stated matters will be deemed confidential, material or important, 15 Agency and the Talent specifically and expressly stipulating that as between them, such matters are important, material, and confidential and gravely affect the effectiveness and successful conduct of the business of 15 Agency, and 15 Agency good will, and that any breach of the terms of this section shall be a material breach of this Agreement.
13. MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by either party or authorised representative of each party.
a. Either party may terminate this Agreement by giving the other not less than 30 calendar days notice in writing of its intention to terminate. The Agreement will terminate at the expiration of such notice period.
b. In the event of any gross misconduct or serious violation by the Talent of any of the terms of this Agreement, 15 Agency may terminate engagement without notice and with compensation to the Talent only to the date of such termination.
15. HEALTH & SAFETY AND OTHER LEGISLATION
15 Agency is required to:
a. Comply with all legislation relating to the employment of the Talent, including the Health and Safety in Employment Act 1992, the Human Rights Act 1993 and the Privacy Act 1993.
b. To make available, follow and encourage compliance with the Company policies, including the Health and Safety policy and Procedures.
The Talent is required at all times to:
a. Comply with all legislation relating to your employment, including the Health and Safety in Employment Act 1992, the Human Rights Act 1993 and the Privacy Act 1993.
b. Know, follow and encourage compliance with the industry accepted standards and policies, including the Health and Safety policy and procedures.
16. ASSIGNMENT RELATIONSHIP PROBLEMS
a. It is the Talents sole responsibility to inform 15 Agency of any problem or complaint while on-set. Any discussion made directly to crew or cast may cause the Talent to be removed and / or not asked back on-set, if it is deemed the Talent may have a bad attitude.
b. Personal grievances, disputes and other engagement or assignment relationship problems that cannot be settled by mutual agreement between the parties will be determined in accordance with an arbitration agreement or the Employment Relations Act 2000 as it may be appropriate to do so. All costs shall be separately borne by the parties, neither shall have claim against the other unless expressly directed at law and which may form part of any settlement.
a. The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon 15 Agency which cannot by law (or which can only to a limited extent by law) be excluded or modified, in respect of any such implied warranties, conditions or terms imposed on 15 Agency liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
b. Except as otherwise provided by clause 17(a) 15 Agency shall not be liable for:
i. Any loss or damage of any kind whatsoever, arising from the supply of services by 15 Agency to the Talent or Client, including consequential loss whether suffered or incurred by the Talent or Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from services provided by 15 Agency; and
ii. The Talent shall indemnify 15 Agency against all claims and loss of any kind whatsoever however caused or arising and without implying the generality of the foregoing of this clause whether caused or arising as a result of the negligence of 15 Agency or otherwise, brought by any person in connection with the matter, act, omission or error by 15 Agency its agents or employees in connection with its services.
a. In every instance, it shall be the sole responsibility of the Talent to ensure their details are up to date, accurate and accordingly provided to 15 Agency for their database. A failure on behalf of the Talent to comply with this Clause 17(a) shall not constitute a failure of 15 Agency in the fulfillment of its duties.
b. Talent must not materially alter their appearance once their photo profile has been taken. Including without limitation the cutting and colouring of hair, tattoos, piercing and the like. A failure by Talent to notify 15 Agency may be deemed as a material breach of this Agreement or at the sole discretion of 15 Agency require an additional joining and administration fee to re-establish the Talent on their database.
c. 15 Agency shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
d. Failure by 15 Agency to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations 15 Agency has under this contract.
e. If any provision of this contract shall be invalid, void, illegal, or unenforceable the validity existence legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
f. Any expenses, disbursements and legal costs incurred by 15 Agency in the enforcement of any rights contained in this contract shall be paid by the Talent, including any reasonable solicitors fees or debt collection agency fees.
g. The Law of New Zealand applies to this contract.