April 21, 2018

Terms & Conditions

Clients

Clients are requested to carefully read the following terms and conditions which must be strictly adhered to at all times. We request that you read our business terms prior to calling the agency for a quotation.

Confidentiality

The client or any associates of the client must never make any bookings directly, or request phone numbers, address, email address of the CastYou Personel during the campaign or at any time after the event.

Fees

For model bookings
All fee are based on an 8 hour day unless otherwise stated (excluding Equity contracts) including a 1-hour lunch break.
On the day/evening of an assignment, if you require CastYou personnel to work out of the designated hours, you must verbally speak to Management for clarification of our overtime rates, if not already quoted.

Payment

All invoice amounts to be paid direct to CastYou and not any other employee. In all cases, the client responsible for commissioning the work will be invoiced and solely responsible for payment unless otherwise agreed in writing at the time of booking. Where payment for the title to a models photographic image, reproduction, drawing or any adaptation thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT.
All invoices to be settled within 30 days from the date of the invoice. Interest will be added at a rate of 5% per calendar month or part thereof on all overdue invoices.
New clients to the agency will be required to pay the initial invoice prior to the commencement of the booking.

Usage (for model bookings only)

Unless otherwise agreed, in writing, the permitted use for photographs is for editorial, or press advertising and EXCLUDES posters, packaging, display material (i.e. showcards, the point of sale, swing tickets etc.), CD, video and DVD covers and stills in commercials. An additional rate is payable for each of the above categories. The client is responsible for negotiating the additional fees for each of these categories before use can commence.
(a) It is not permitted to use the photographs for any purpose until all fees have been paid.
(b) Unless otherwise agreed, in writing, the additional fees will be for India only for a period of 1 year from the date of booking. Rates for all foreign usages must be separately negotiated.
(c) An additional rate is payable for any other use of the photographs, or reproductions or adaptations thereof, or drawings therefrom, either complete or in part, alone or in conjunction with any wording or drawings, other than the permitted use.

Territory (for model & actor bookings only)

All fees quoted are for India only for a 1-year period from the date of the booking unless otherwise agreed in writing.

Job Updates

We will be sending SMS and email notifications any time a job is posted on www.castyou.in.

Tv Bookings (for model & actor bookings only)

As per Indian law.

Videos (for model & actor bookings only)

For all videos, a daily rate will apply with a possible buy-out fee dependent upon usage.

Location Bookings (for a model, actor and creative bookings only)

At the time of the booking, the client must provide details regarding transport available and/or overnight stays. In some cases, a fee will be charged for an overnight stay if it prevents a model from working on the day he/she has to travel.

Provisional Bookings (for a model, actor and creative bookings only)

Provisional bookings will be automatically canceled if they are not confirmed within 24 hours of the proposed booking, or if a definite booking is offered and the provisional cannot be confirmed. The agency will, of course, always give the client first option to confirm the booking before taking any other booking.

Weather Permitting Bookings (for a model, actor and creative bookings only)

At the first cancellation, a half fee will be charged, unless the client fails to cancel in time to prevent the models’ attendance, in which case the full fee applies. The second cancellation will be charged full fee.

Cancellations

If a booking is canceled within one working day of the starting time, the full fee is charged unless the same model is re-booked within 24 hours In which case half the fee will be charged. If a booking is canceled outside the one-day period, but within two working days of the start time then a half fee will be charged. If a booking is canceled due to illness or other reasons beyond the models or agents control (and providing that appropriate evidence is produced) neither the model nor the agent shall be responsible for cancellation charges.

Fittings (for model bookings only)

The first hour of fittings will be charged at the full hourly rate, every hour thereafter will be invoiced at half the hourly rate.

Travel (for model bookings only)

Travel time will be charged at 50% of the hourly travel rate plus travel expenses. Expenses will be charged at standard return rail fare.

Meals (for a model and creative bookings only)

Clients are responsible for models’ meals.

Fashion Shows

Payment of the agreed fee confers the right to make use of models’ services on the catwalk for the specified show and the right to use photographs and video of the show for reporting purposes only. Any other usage must be negotiated at the time of the booking before use can commence.

Agency Fees

An Agency supplement is chargeable on all models and usage fees, except work which is related to commercials to be shown within India, for which repeat fees are payable.

Payment

In all cases, the client responsible for commissioning the work will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. Where payment for the title to a models photographic image, reproduction, drawing or any adaptation thereof has, by default, not been fully discharged we reserve the right to invoice the ULTIMATE CLIENT. All fees to be paid within 30 days of invoice.

Restrictions on a Model

A special fee will be negotiated when the work is in connection with a product, which precludes work for competing products. It is the client’s responsibility to check whether conflicting work has ever been undertaken. It must be understood that if a model advertises a product he/she is able to work for a competitor unless an exclusion fee is negotiated.

Test and experiential work of Commercials

Models will not sign a release form and the photographer or client must not use photographs from a test or experimental shoots or test commercials unless specific usages and fees have been agreed with the agency prior to the use commencing.

Complaints

Any complaints should be reported to the Agency DURING THE COURSE OF THE BOOKINGS. Complaints will not be considered in retrospect.

PR / Press Call Photoshoots

All photographs taken on PR shoots can only be used for press use by way of PR. They cannot be used in any commercial advertisement on behalf of the client concerned. Usage rates and endorsement fees will be charged should this occur. A query on this should be confirmed before the photo takes place. Rates on these jobs are for PR use only.

Exceptions

CastYou does have the right to cancel a job at any point if the nature of the booking is considered not appropriate. If the booking has already commenced and we then consider the nature of the booking inappropriate. We have the right to stop working and will be entitled to full booking payment for the model plus travel expenses.

Staff Safety

All clients must have appropriate Health and Safety regulations in place and inform CastYou personnel of these on arrival to your premises or location of booking.

Insurance

The client is responsible for the models health and safety when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model. The agent is not responsible if the model fails to attend the booking. The client is advised to ensure against any loss which might result if the model does not keep a booking because of ill health or some other reason

Models

1. If models agree to the work attained from CastYou, for the term of the agreement, Model hereby appoints and engages Agency to act as Model’s exclusive personal manager in the fields of modeling, advertising, and entertainment (hereinafter referred to as the “Fields”).
During the term hereof, Agency shall advise and counsel Model in the selection or consideration of career opportunities, photographers, advertisers, and the selection or creation of vehicles for Model’s talents. Agency shall further advise and counsel the Model in any and all matters pertaining to publicity, public relations, advertising, talents of Model, and shall advise and counsel the Model to the Fields, and will advise Model on composites (comp cards), and the formation of the portfolio.

2. Model agrees to seek Agency’s counsel in regard to all matters concerning Model’s endeavors in the Fields. The model shall advise Agency of all offers of employment submitted to Model and will refer all inquiries concerning Model’s services to Agency.

3. Agency is hereby granted the exclusive right to use, edit, and distribute and allow or license others to make use of and distribute Model’s name, portrait and pictures uploaded to www.castyou.in in connection with the advertising and/or publicity of the Model in the Fields and in connection with the matters covered by this agreement. All pictures uploaded to www.castyou.in will become the property of our company.

4. Agency may publicize that it is the exclusive personal manager for Model, and Agency may render similar services for others, and engage in other related business or ventures if that particular model has given confirmation to All Talent to represent the model exclusively.

5. Model agrees to provide Agency with current photographs, comp cards, and tear sheets/advertising, written or other related material for promotional use of Agency and Model.

6. Model shall pay to Agency a sum equal to thirty percent (30%) of all monies, fees or other contributions received by Model, directly or indirectly, under all contracts of employment entered into during the term specified in paragraph ten (10) and subsequently, paragraph eleven (11), including reuse and residuals, whether originated by Agency or not. Model hereby grants to Agency a limited Power of Attorney to collect all fees and monies earned or accruing to Model from all sources governed by this agreement and to remit to Model the net fee after deducting the aforesaid thirty percent (30%) commission. This limited Power of Attorney includes the right of the Agency to deposit the proceeds in a general account prior to remitting the balance Model. Model agrees to instruct clients, producers, advertising agencies and/or union office in writing on the face of all job contracts or on the release model signs at the time of production to send all fees and monies due to Model directly to Agency. This limited Power of Attorney also authorizes Agency to sign Model releases on behalf of Model, and authorize reuse and residuals, whether originated by the agency or not.

7. It is understood and agreed that Model is in business for himself/herself and is solely responsible for payment of any and all taxes, whether income or otherwise.

8. It is further understood and agreed that Agency is acting as a personal manager only, and does not operate as an employment agency.

9. The term of this agreement shall be made for a period of two years, commencing this date. The model may terminate this agreement with ninety (90) days written notice, delivered by registered mail to the address listed in the contact us section. If a termination notice is received after a booking or placement has been arranged, Model agrees to honor that booking/placement or else reimburse Agency for any and all costs incurred or revenue forfeited (including such revenue which may be owing to a client due to incurred expenses as a result of Model’s cancellation).
In the absence of termination notice, this agreement shall continue to be renewed from year-to-year on the anniversary date.

10. Model is aware that Agency is entitled to receive a service charge from some or all of the clients who utilize Model’s services. Model and Agency agree that this service charge will not affect Model’s reimbursement.

11. In acting as Model’s personal manager, it is understood that Agency will use reasonable efforts to assist Model to obtain sub-agency placement outside India. In such cases, it is understood that with respect to such engagements, Model need not compensate Agency as provided in Paragraph 7 hereof, although it is understood that Agency may be entitled to receive compensation from such other sub-agencies.

12. Model agrees to conduct himself/herself with propriety and dignity and to do nothing on an engagement or otherwise that may tend to injure the reputation and goodwill of Model or Agency, nor to do any act or thing which impairs Model’s capacity to at all times fully comply with the terms of this agreement, or which impairs Model’s physical or mental qualities and abilities. The model further agrees to abide by all standard rules and policies of Agency with regard to behavior on castings and engagements. Agency may terminate this agreement at any time.

13. Model understands and agrees that Model shall not, while this agreement is in force, enter any modeling and/or acting contest or competition organized or sponsored by any company other than Agency, or sign and contest agreements unless Model has the written permission of Agency if the model is in an exclusive contract with the agency or has confirmed and committed to days of work for the agency.

14. A waiver by either of the parties hereto of a breach of any of the provisions herein shall not be deemed a waiver of any subsequent breach nor a modification of such provision.

15. It is understood and agreed that Model’s services are extraordinary and unique and there is no adequate remedy at law of a breach of this agreement by Model, and that in the event of such a breach or threatened breach, Agency shall be entitled to equitable relief by way of injunction or otherwise, provided however that nothing herein shall be construed as a waiver of any or all rights which Agency may have for damages in an action at law or in equity or otherwise.

16. CastYou is not an employer of the model. Model is considered a consultant and works only per job basis with us and is required to provide their own safety with modeling jobs. We are not responsible for bodily harm or financial burden due to any jobs, meetings, queries etc. received by models through www.castyou.in.

17. This covenant sets forth the entire agreement between the parties. Should any provision(s) of this agreement be held to be void or not enforceable, such provisions shall be deemed omitted and this agreement with such provision omitted shall remain in full force and effect. We have the right to modify these terms and agreements as and when it feels.

18. This agreement shall be binding upon both parties hereto, their heirs, successors, assigns, etc.

PLEASE NOTE

If any of the above terms and conditions have not been adhered to, CastYou does have the right in this instance to take legal action, to recover the applicable loss. We reserve the right to Negotiate within the structure of these terms and conditions. The Terms and Conditions are without prejudice to any claim against the client.