IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS - DO NOT REGISTER WITH www.TALENTNATION.ie
This service is provided by Crew, Cast, Performers Limited T/A Talent Nation and Crew, Cast, Performers Limited T/A Casting Zone and Crew, Cast, Performers Limited T/A Movie Extras 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 Talent Nation 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 Talent Nation, 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 "Talent Nation"). By subscribing to the service or services provided by Talent Nation you agree to the following Terms and Conditions (T&C's).
The term Talent Nation 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 Talent Nation 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. Talent Nation 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 Talent Nation. Except as described herein, the Member may not assign this Agreement without Talent Nation's consent.
Use of Talent Nation's services is at the subscriber's own risk. Talent Nation and its business associates provide Talent Nation 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 Talent Nation services is free from defects, merchantable or fit for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. Talent Nation 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 Talent Nation 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.
Talent Nation will act as your Agent in all commercial agreements arranged through your membership of Talent Nation in perpetuity.
Talent Nation 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 - https://www.talentnation.ie/talent-terms/.
These Terms and Conditions apply to all Members of Talent Nation.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.
Your details will remain on the Talent Nation.ie database until you email Support@TalentNation.ie with a request to remove your details.
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 Talent Nation
1.1 You may not register as a Member of Talent Nation 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 Talent Nation or that of the Companies that use Talent Nation'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 Talent Nation for unlawful purposes or deceitful purposes
1.2 If during your membership as a Member of Talent Nation.ie, any of the above sub-clauses - 1.1.1, 1.1.2, 1.1.3 - becomes applicable to you, you will notify Talent Nation.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 Postservice provided by the An Post service and addressed to: The Managing Director, Talent Nation.ie, Ardmore Studios, Bray, Co Wicklow, Ireland. Your membership to Talent Nation will immediately cease. Talent Nation will acknowledge your letter within seven working days of receiving your letter, and this letter from Talent Nation will be deemed as the only proof that Talent Nation has received your letter. Talent Nation reserves the right to solely decide to terminate your membership. Talent Nation will not enter into discussion as to why membership is terminated and the Talent Nation decision is final.
1.3 Talent Nation reserves the right to refuse membership to its services. Talent Nation will not enter into discussion as to why membership is refused and Talent Nation 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 Talent Nation.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 Talent Nation.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 Talent Nation.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 Talent Nation.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 Talent Nation.ie or our Partners, you are strictly prohibited from becoming a member of Talent Nation.ie.
1.9 You agree that all information provided on your profile and / or to any member of Talent Nation is truthful
2 Performers Protection Act 1968
The Member grants to Talent Nation 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 Talent Nation to distribute the Members entry and to enable Talent Nation to sign agreement to the use of the Members image in a production and to agree fees on behalf of the Member. Talent Nation 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 Talent Nation 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 Talent Nation. You agree that if Talent Nation 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 Talent Nation from such a claim.
3 Criminal Convictions
If you have a criminal record prior to becoming a Member of Talent Nation or while you are a Member of Talent Nation, you must immediately inform Talent Nation in writing by using the Registered Post service as provided by the An Post service and addressed to: The Managing Director, Talent Nation.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. Talent Nation will acknowledge your letter within seven working days of receiving your letter. This letter from Talent Nation will be deemed as the only proof that Talent Nation has received your letter and that you have complied with this clause. If your criminal conviction is deemed that it could result in bringing Talent Nation or that of the Companies that use Talent Nation's services either directly or indirectly into disrepute, your membership maybe terminated. Talent Nation reserves the right to solely decide to terminate your membership. Talent Nation will not enter into discussion as to why membership is terminated and the Talent Nation decision is final.
Talent Nation reserves the right to vet all applicants wishing to join the Talent Nation service. This may include, but is not limited to requesting character references from people involved in the Film Industry.
5 Deduction from Fees
Talent Nation are entitled to deduct from moneys received by Talent Nation for castings a Member on set, a casting fee and/or payroll fee and/or any other relevant fees. Talent Nation will invoice the production company for the services of the Member through the Talent Nation casting service. Provided that Talent Nation is paid by the production company Talent Nation 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 Talent Nation.
You agree that if an over payment or a payment was made in error to you by Talent Nation, MoiveExtras is entitled to reclaim this over payment or payment in error in full either through deductions from future payments or through any other method that is appropriate.
For members of Talent Nation.ie Northern Ireland, we may charge you an annual registration fee of £25 deducted if your first job is in Northern Ireland.
6 Recurring Payments
All payments are recurring unless cancelled by yourself within twenty days of your contract expiring. Talent Nation retains the sole right in retaining the representation of you in perpetuity whether you have renewed your membership or not.
Talent Nation reserves the right to increase or decrease the fees at any time. These price changes will be reflected at www.Talent Nation.ie/registration/@@register.html. Such price changes are immediately effective once they have been published on this page.
7 Conduct on set
You may be dismissed from set for any of the following reasons:
(a) Not adhering to the brief, including but not limited to: turning up late or not bringing the correct wardrobe.
(b) Being disruptive, rude or not following direction.
(c) Being under the influence of drugs or alcohol. You are permitted to use prescribed drugs where the use of such does not affect fulfilling your duty on set.
(d) By acting in such a way that the safety of others may be hampered
Where you are dismissed for any of the above reasons, you may not be entitled to receive payment for the day. Where it is shown that you did work for a period of the day, you will only be entitled to a maximum payment of the minimum wage for hours worked, or part thereof.
In no event will Talent Nation 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 Talent Nation, even if Talent Nation or its affiliates have been advised of the possibility of such damages. In any event, Talent Nation's entire liability under this agreement shall not exceed the revenue received by Talent Nation (if any) attributable to the subscriber's use of Talent Nation's services or website.
9 Payment & Representation
If Talent Nation 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 Talent Nation 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 Talent Nation bank account. In the event that the fee is not paid or is less than what is expected, Talent Nation accepts no liability in paying the difference between what is expected and what is received by Talent Nation, no matter what the reason for the deficit. This includes but is not limited to a mistake or other originating from Talent Nation, 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 Talent Nation.
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 Talent Nation 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 Talent Nation 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 that you will be represented by Talent Nation. Talent Nation will be entitled to take a percentage of all such fees from work obtained through the introduction.
Talent Nation.ie will represent you in perpetuity unless we receive a letter from you requesting otherwise. This letter should be sent using the postal service and addressed to: The Managing Director, Talent Nation.ie, Ardmore Studios, Bray, Co Wicklow, Ireland. Talent Nation will acknowledge your letter within seven working days of receiving your letter, and this letter from Talent Nation will be deemed as the only proof that Talent Nation has received your letter. This letter will not effect Talent Nation.ie representation of you on jobs that we have secured for you in the past thus on all work that you have received with Talent Nation.ie, you agree that Talent Nation.ie will represent you in relation to these jobs and any jobs related to them in perpetuity whether we receive a letter asking to cease representation of you or not.
You agree that you have the ability that is required to complete an assignment if you have agreed to that assignment. If it transpires that you do not the ability to carry out the assignment you will not be entitled to the fees that were outlined for the assignment.
You maybe entitled to a cancellation fee if you are cancelled when you have been fully booked for a day on set, if the cancellation is within 12 hours of the call time. Fully booked includes being given a call time and location. Generally the fee for a cancellation is €25, though this may differ from production to production.
10 Service Supply
Talent Nation reserves the right of sole discretion to modify or discontinue the services offered by Talent Nation, or any portion thereof, at any time, with or without notice to the Member. Talent Nation shall not be liable to the Member or any third party should Talent Nation exercise its right to modify or discontinue the services offered by Talent Nation. 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 Talent Nation) 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 Talent Nation obtains any complaints in relation to the work of the Member whether arising out of failure to turn up, punctuality, conduct or otherwise Talent Nation shall be entitled to decide to remove the Member from the Database and Talent Nation 's decision shall be final. No refund of any fees paid will be made in that event.
Talent Nation 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 Talent Nation the right to enter into legally binding agreements on behalf of the Minor. You further give Talent Nation the right to assign this right to a Chaperone who is appointed by Talent Nation or a crew member on set.
You agree that Talent Nation 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 Talent Nation). Talent Nation undertakes to use all reasonable endeavours to promote the Database. However, Talent Nation 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 Talent Nation's Database. Talent Nation 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 Talent Nation'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. Talent Nation and the database user may share information about your conduct on-set, or any interaction with Talent Nation or the database user. Talent Nation reserves the right to keep records of this information which may be accessible by the database user.
While on set, Talent Nation nor the production company can take any responsibility for Member's personal belongings including loss, damage, theft or otherwise of Member's personal belongings.
If you are engaged for a day by Talent Nation, you are strictly prohibited from consuming alcohol or taking non prescribed drugs a minimum of 12 hours prior to the event or during the event. You are also restricted from consuming alcohol or taking non prescribed drugs after the event at the event location. If you are on prescribed medication which may have an impact on your performance, please notify at least 24 hour prior to the event, the casting agent who booked you.
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. Talent Nation 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 Talent Nation be liable for the said photograph. You grant Talent Nation 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 Talent Nation 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 Talent Nation.ie directory.
16 Copyright - Photographs & Marketing / Promotional Purposes
From time to time, Talent Nation 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 Talent Nation for use on the Talent Nation.ie website and other such media as required by Talent Nation. 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 Talent Nation (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 Talent Nation 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 Talent Nation. Talent Nation may use these images to promote Talent Nation either on the Talent Nation 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 Talent Nation service. There will be no fee due to the member from Talent Nation for this usage no matter what the image is used for.
17 Use of the Service
Talent Nation 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 Talent Nation's services. Talent Nation 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 Talent Nation.
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. Talent Nation may broadcast notices or messages through the website, www.Talent Nation.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:
- Talent Nation.ie
- from a production
- from a production company
- being present on set.
19.2. All members and directors or anyone affiliated with Talent Nation.ie (affiliated meaning any person who uses or accesses the Talent Nation.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 Talent Nation.ie either directly or indirectly or anything to do with a production where the contact came through Talent Nation.ie, without written consent from Talent Nation.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 Talent Nation.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
Talent Nation 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 Talent Nation into disrepute and any other action which leads to the disruption of the service or creates a negative image of the service that Talent Nation provides or any organisation in the Film, Television, Advert, Promotional Industries or any other Industry or companies that Talent Nation has a relationship with.
The Member hereby indemnifies and holds Talent Nation 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 Talent Nation 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. Talent Nation and the Member acknowledge that no partnership has been created by the arrangements set up by Talent Nation in respect of the Database and that Talent Nation may assign the benefits of and obligations under this Agreement to a Third Party. Talent Nation 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 Talent Nation 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.TALENT NATION.ie
© Crew, Cast, Performers Limited and Link Directory Limited 2017, 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.