Terms and Conditions of Engagement

Transcription

1 Terms and Conditions of Engagement The Contract 1. Please read the terms and conditions below and the How it works and On-Set Etiquette Guide documents (found on the MFS website home page) as together they form the binding contract between you (referred to as you or your ) and Military Film Services Limited (referred to as MFS or we or us or our ). 2. By submitting your application to be registered as an artiste with Military Film Services Ltd you agree to be bound by this contract. Please contact us if you have any questions regarding these Terms and Conditions. 3. We may update guides and documents so please check them regularly. The Application 4. By making an application: You agree to be bound by this contract You agree that you are legally entitled to work in the UK. A copy of your passport or proof of identity will be required on registration or taken from you before you are offered work however by accepting these terms and conditions you are confirming you hold a valid personal National Insurance number and confirm the above legal entitlement. You give Military Film Services Ltd consent to hold your personal details (which include those of your physical appearance and ethnicity) on file and to forward any relevant details onto any third party or companies involved in the industry. It is your responsibility to make sure that the bank details, , phone number and address we have for you are correct, and to inform Military Film Services Ltd of any changes as and when they occur. You confirm there are no known facts that you ought to disclose that could be pertinent to your employment, or likely to cause illness injury or damage to yourself or others. You agree that you are not knowingly allergic to any make-up or prosthetics. It is your responsibility to disclose any food related allergies to production staff whilst involved on MFS jobs. You give authority for Military Film Services Ltd to receive payment from the production company on your behalf. Said payment will be deposited into an MFS client account. After payment has been received by MFS on your behalf - approximately four to six weeks after you have completed the work assigned and sometimes longer depending on the production company - MFS will, after making a deduction of 17.5% commission (plus VAT if applicable) as set out in clause 20 below, pay the balance of the payment directly into your bank account by BACS within 10 working days. Please note: we usually only pay by BACS but in some circumstances may pay by company check. A remittance will be ed to you at the address you have given to us. Please note: We only send remittances by .

2 You give Military Film Services Ltd consent to publish your photograph and vital statistics in our printed casting book and also on our website and any other Military Film Services Ltd material these may be available to view by any person viewing the website and may not require registration to view. We will not sell or give your personal data away other than as provided under these terms and conditions unless specifically agreed by you. Once we approve your application you appoint Military Film Services to act as your agent in finding you bookings as an extra, background artiste, walk-on artist, or similar work. This may include elements of featured, and special action extra roles. Our Fees 5. Military Film Services will charge an administration fee which will be deducted from your first pay within a year period. This is to cover payroll setup, admin and look book fees. This amount is currently 50 for 12 months registration. We aim to split this fee into 2 payments of 25 over the first 2 days you work. This amount may change, however we will always post current rates on the website and will inform you of any changes. By accepting these terms and conditions you are accepting this booking fee charge. 6. Military Film Services Ltd will act as your agent and try to find you work as a background artiste with production companies. Military Film Services Ltd will charge you 17.5% commission (plus VAT if applicable) of each interim payment received for each placement found for you and will deduct the commission from payment received from the production company on your behalf. Where you have received payment directly from the production company Military Film Services Ltd may invoice you for any commission owing, which will be a VAT invoice, where appropriate. Your Engagement 7. 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 Military Film Services in any way. 8. Whilst working as a background artiste your employment status will be dependent upon the specific contract with the production company; in most cases you will be considered as self-employed for tax purposes and National Insurance purposes. Nothing in this agreement or Terms and Conditions shall render you an employee of Military Film Services Ltd in any way. 9. Your engagement on any booking is subject to a separate contract with the production company. 10. Some production companies may require you to sign a written contract with them, others may not require any formalities. 11. You are not allowed to take any photographs on any set, or contact any journalist or publication regarding the work you have done on any production or use social media to discuss any elements of your wok on the production until such a time as it has been released. Military Film Services will not be held responsible for your breach of this rule.

3 12. You are required to comply with any rules and regulations set by the production company. We reserve the right to refuse to give you work, if your behaviour is deemed by Military Film Services Ltd or the production company as unacceptable or inappropriate, or if you misrepresent Military Film Services Ltd in any way. 13. On commercials, photographics, pop promos, corporate videos or any other engagement you might not receive a salary voucher. It is your responsibility to keep a record of times and dates that you worked. If you fail to sign a release form on the day, we reserve the right to sign it on your behalf, to ensure that you get paid. 14. Military Film Services Ltd is not liable for any loss of or damage to any of your personal possessions or personal injury when you are on set. The production company is responsible for taking out personal injury insurance to cover you whilst you are on set. 15. As your agent, we aim to deal with any queries you may have when you are on set. Therefore in this instance it is your responsibility to contact Military Film Services Ltd and not the production company. If there are any safety concerns or risks to health and safety you should immediately contact the appropriate person from production on set. 16. We will send you all the relevant information for filming in writing by before the filming day. The night before a booking it is your responsibility to reply to your with your full name, or a text message with your full name. If this is not possible you must phone Military Film Services Ltd the day before you work to be given location and call time details; this is always between 5pm and 6pm. We reserve the right to replace you if you do not reply to or call in for your details. It is your responsibility to get to any location at the call time you are given. 17. We cannot guarantee you work on any production. We are not obliged to contact you with any work opportunities with production companies. You are not obliged to accept any work offered to you. 18. If you are ex and/or serving or territorial or reservist military personnel, you are asked to uphold all the core values of the military on all productions representing Military Film Services Ltd. Our reputation as a provider of trained and experienced personnel is carried by you. As ex and/or serving military personnel you may still be bound by the Official Secrets Act - if this is the case it is your responsibility to act within the bounds of the Act at all times and Military Film Services Ltd cannot be held responsible for personnel to be found in breach of them. Military Film Services Ltd has not, and will not, ask anything of the extras and/or advisors to compromise national security it is your responsibility to ensure your work on the various productions does not allow this to happen. 19. Whilst we try our best to find bookings for everyone registered with us, there is no guarantee that we will offer you bookings at anytime. The productions have the final say as to who they wish to use. Health and Safety 20. MFS can accept no liability whatsoever for any injury or harm sustained or caused to you, or any financial loss sustained, whilst travelling to or from or whilst engaged in any work introduced to you by MFS. However MFS does take reasonable steps to ensure that appropriate health and safety practices are in place with every hirer.

4 21. It is the hirer s responsibility as your employer to ensure that you have a safe place of work and that you are properly informed of any relevant health and safety issues. You must however take appropriate care of your own health and safety and co-operate fully with the hirer in their implementation of a safe place of work. 22. All unsafe practices by a hirer should be reported to us, so that we can take action where appropriate to protect our artists. Payments 23. On Film and TV sets you will be given a salary voucher at the beginning of each filming day. It is your responsibility to keep hold of this and to make sure it is signed at the end of each day by the Assistant Director. The production company may refuse to make payment where this has not been complied with. Where payment is not made by the production company through your negligence or carelessness Military Film Services Ltd reserves the right to charge you a fee of 17.5% of the value of work. 24. If you are not given a salary voucher you must keep a record of all the hours you worked, including overtime. Get someone from production to sign against the hours worked and a copy of these hours to MFS otherwise you may not receive payment. 25. MFS uses a back office service, operated by We Got POP Ltd, to facilitate invoicing and pay for most of our Background Artiste related activities; however 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 We Got POP Ltd, or to authorise you to act as their agent. You shall not have authority to act in the name or on behalf of or otherwise bind We Got POP Ltd in any way unless bound by a separate contract. 26. Military Film Services Ltd cannot pass payment from a production company on to you until the production company has made payment into our client account; this can take up to 3 months and in some cases longer. The average time taken to receive money is between 6-8 weeks. 27. Military Film Services Ltd 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 MFS is not liable to you for any fees which a production company fails to pay. Tax and National Insurance 28. For tax purposes you are considered self employed and are therefore responsible for paying your own income tax as appropriate for your own personal circumstances. You should therefore be registered as self employed and complete your own tax return. For help and information contact your local tax office or visit the HMRC website. 29. 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.

5 This applies to all payments made to you after 6 April Under no circumstances are you considered an employee of Military Film Services Ltd. Self-Service System 30. MFS uses an online self-service system, operated by We Got POP Ltd and referred to as POP Self-Service System ( POPSSS ), to facilitate communication with artists. When you apply to register with us you will be given access to POPSSS and while you remain a registered artist with MFS you will be required to keep your personal information upto-date at all times. 31. We, or our clients or hirers, directly communicate all offers of work, including details of terms including applicable rates of pay or union agreement, through POPSSS. To be considered you must use POPSSS to reply to all such messages. MFS cannot be held liable for the non-receipt or delayed receipt of any message sent to you via POPSSS. 32. Prior to your first day s work introduced by MFS, you undertake to supply us with all the personal information through POPSSS which we are legally required to obtain to enable us place you in work and make payments to you, including evidence of your right to work and your full legal name, date of birth, gender, National Insurance number and current UK address ( compliance information ). 33. You are required to keep your access details for POPSSS safe and secure and to report to MFS immediately if your access details have been, or you suspect will be, compromised. MFS may at its absolute discretion suspend your access to POPSSS if it believes your access details are compromised. Personal details and data privacy 34. You must ensure that all details on your profile are up to date, including your photographs and personal details such as address, phone numbers and addresses. We cannot be held responsible for correspondence issues if these are not kept up to date. If we find there are inaccuracies in your profile information we reserve the right to remove you from the casting book and terminate this contract. 35. You must ensure that your bank account details are correct and kept up to date. We will not be held responsible for retrieving payments made to incorrect or out of date bank details. 36. Even if you are not accepted onto our casting book we may retain your details for up to 3 years. We may contact you from time to time regarding potential booking offers. 37. 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. 38. 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. 39. We will keep an archive of your details for so long as you remain on our casting book plus up to three years afterwards.

6 40. This section will continue to be effective after expiry or termination of this contract. General 41. 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. 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. 42. Whilst MFS uses certain services provided by the We Got POP Platform, MFS and POP casting remain completely separate entities and you are in no way bound into POP or their casting agency unless by separate contracts or Terms and Conditions provided by them for their casting services. 43. Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date. 44. These Terms and Conditions are relevant to Military Film Services Ltd and not with any production company. You may be required to enter into a separate contract with the production company, which will be between you and the production company only. By ticking or stating that you accept this agreement you are bound by the points above. 45. Nothing is this contract confers any rights or benefits on any person or legal entity other than you or us. 46. All previous verbal or written agreements between you and us are superseded by this contract. 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.