TERMS & CONDITIONS
"SERVICES TO FILM COMMUNITY INTEREST COMPANY" TERMS AND CONDITIONS OF CONTRACT WITH EXTRAS & MILITARY ADVISERS
“Services To Film” is the trading name of SERVICES TO FILM COMMUNITY INTEREST COMPANY, a Community Interest Company registered in England with company registration number 08699647.
The following are the terms and conditions (called “these Terms”) between SERVICES TO FILM COMMUNITY INTEREST COMPANY for the supply of work seeking services for you. We may change these Terms from time to time with your agreement and any changes will be posted on our Website and reflected within the text of these Terms.
By accepting any offers of work, you are deemed to have agreed to these changes. We intend to rely upon these Terms. If you want to change them, please make sure you ask for any changes to be put in writing before you agree to these Terms. This is to avoid any misunderstandings as to what we and you are expected to do.
It is important that you read and understand these Terms before agreeing to them. If there is any term that you do not understand please notify us in writing before agreeing to these Terms.
If you do not accept these Terms and Conditions then please do not proceed with your registration. When you submit your Profile on our Website you agree to these Terms and this forms a binding agreement between you and us.
These Terms set out the entire agreement between us and supersede all previous discussions, correspondence and negotiations between us relating to its subject matter. Each of us agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms. When you accept an Assignment, specific terms relating to that Assignment may be agreed with you separately and may be made orally.
For the avoidance of doubt, these Terms do not give rise to a contract of employment between us and you. Any engagement is on the basis of you as a self-employed worker, although we are required to make statutory deductions from your fees.
Please refer to section 13 below where certain terms are defined.
1. Your Authority to Us
1.1 We operate as an employment agency providing a work seeking service in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended. We act as an agent between you and any Production Company. You agree that we are authorised to act on your behalf and to enter into contracts on your behalf in connection with you acting as an Extra or Military Adviser but we will only do so once you have agreed with us to accept a particular Assignment.
1.2 You authorise us to negotiate pay rates on your behalf and to agree those pay rates on your behalf. If there is any dispute as to payments you irrevocably authorise us to negotiate and agree variations (at our sole discretion) to amounts payable to you on your behalf however you may revoke this authority provided you do so by giving us written notice to us before we make any such agreement. If you do revoke our authority then we will cease to attempt to collect payment for you.
1.3 We try to find work as an Extras or Military Advisers for individuals who register their Profile on our website (“the Services”). By registering your Profile on our website, you confirm that you are asking us to find you work as an Extra or Military Adviser. Information that you supply us for your Profile will be included in our website and database which may be made available to Production Companies who are seeking Extras or Military Advisers and will be used by us to identify suitable Extras for Production Company requests.
1.4 It is at our sole discretion as to whether or not we put you forward for any particular Assignment and we make no guarantee of finding you work.
1.5 You authorise us to arrange for all payments of fees due to you from the Production Company to be paid to us on your behalf.
These funds will be paid into our client account.
2. Eligibility
2.1 In order to use our Services you must either register on our website as serving serviceman/woman, retired serviceman/woman, a reservist, the spouse or dependent or somebody currently serving or the parent of somebody currently serving. You warrant and represent that you are and will at all times until termination of our agreement with you be:
2.1.1 legally entitled to work in the UK; and
2.1.2 seeking work as an Extra or Military Adviser.
2.1.3 you are aged 16 1⁄2 or over;
2.2 If these conditions cease to apply then it is your responsibility to update your details accordingly.
2.3 If you are under the age of 18, we may ask you to provide written permission from your parent or guardian to enter into our agreement. You should be aware that Production Companies may also require a parent or guardian to provide certain written assurances.
2.4 When requested you will be required to provide evidence of your date of birth and right to work in the UK by scanning a copy of the identity page of your passport and any permission to work in the UK that is required and sending it to us at info@servicestofilm.com You also agree to provide the original on request by us at any time. If you do not have a passport, you will need to provide a copy of your birth certificate.
2.5 When requested you will be required to provide evidence of any military service, military qualifications or driving licenses that you have registered. You will have to provide evidence by scanning relevant documents and sending them to us at info@servicestofilm.com. You also agree to provide the originals on request by us at any time.
2.6 If you are not able or not willing to give the warranties and representations set out in these Terms or if you do not provide the evidence requested, then we reserve the right to terminate this Agreement with immediate effect.
2.7 If any of the warranties and representations that you make to us including those in this section and those on your Profile become inaccurate or incorrect you must update this information and notify us in writing immediately.
2.8 A copy of your Profile is available to you once you register on our website and you should notify us within 7 days of registration if you object to any aspect of it although you are advised to amend the Profile as you require yourself.
2.9 We shall have the right at our sole discretion to refuse to grant applications for registration and to terminate a registration at any time in accordance with section 6 below.
3. Your Obligations
3.1 You will comply with these Terms.
3.2 You warrant and represent that all information you supply to us is true and accurate and not unlawful, offensive, obscene or of a defamatory nature nor infringes the rights of any third party (for example you must only upload photographs that you have the right to upload).
3.3 You will keep all relevant information on our website relating to yourself completely up to date. This is needed by us to help give you a greater chance of obtaining work through us.
3.4 You will comply with by all laws and regulation that are applicable to you.
3.5 You will observe our Privacy Policy as specified on our website from time to time.
3.6 You will notify us if you become aware of any unauthorised access to your Profile or unauthorised use of your username or password.
3.7 You will not disclose your password to anyone or allow anyone else to use your account.
3.8 You warrant and represent that you are entitled to agree to these Terms and that if you accept any Assignment you will not be in breach of any obligation to any third party by doing so.
3.9 You confirm that we may use all aspects of your Profile including photographs name and biography for the purpose of promoting and marketing you in connection with finding you work as an Extra or Military Adviser.
4. Payment Rates for Work
4.1 If we are able to offer you work as an Extra, we will be paid directly by the Production Company on your behalf. You agree that we are authorised to accept payment on your behalf and to negotiate the amount of those fees on your behalf. We will use our reasonable endeavours to collect any payments due but will not be required to issue proceedings or take other legal action. We do not guarantee and are not responsible for payment of fees or other amounts from Production Companies or anyone else and do not have liability to pay you unless and until we receive the relevant payment.
4.2 The payment rates you will receive for work as an Extra will be in accordance to the relevant agreements negotiated with various unions such as Equity and FAA, summaries of which can be found on the relevant websites. If the fees are outside these arrangements, you will be notified of the specific rates and hours before you agree to take the Assignment.
4.3 Payment to you will be made by BACS to a British bank account. You are required to provide details of such a bank account when you are selected for a role. It is your responsibility to notify us of any changes to your bank details. We will only make payments to bank accounts that you give us details of and we are not responsible if you provide us with incorrect details.
4.4 Payment will be made within 10 calendar days of receipt of payment from the Production Company (or where we are paid by cheque, within 10 days after the cheques have cleared into our client account) unless you have requested us in writing to hold this money for a longer period.
4.5 We will deduct a pre agreed % from fees paid by the Production Company in respect of our agency commission before remitting the fees to you. This % will be given to you in writing before you accept the offer of work. If you are not notified, please note, our standard agency fee is 20%. When we pay you we will also send you a statement with details of when and from whom we received the payment, what work done by you relates to this payment and any fees, commission or other deductions made by us.
4.6 In the event that you do not complete an Assignment for whatever reason, then you will not at our sole discretion be entitled to any payment or alternatively at our sole discretion payment will be reduced accordingly.
4.7 No refunds or rebates of any of our commission is payable.
4.8 All payment queries should be addressed to us at info@servicestofilm.com.
4.9 If for any reason you receive payment of fees directly rather than through us, you must notify us in writing within 2 days of receipt and pay us without deduction our agency commission as set out in section 4.5 within 7 days of you receiving any fees directly.
4.10 Any overpayment of fees to you must be repaid within 7 days of request.
5. Tax & National Insurance
5.1 When working as an Extra or Military Adviser the Inland Revenue view your employment status as self- employed and you are therefore responsible for paying your own Income Tax and completing your own annual Income Tax Return. If you require further information you should contact your local TAX office.
5.2 For National Insurance purposes, you are considered to be an employee of the production company (the exception to this rule can be photographic work where no National Insurance is taken). Production Companies will deduct Class 1 National Insurance. Therefore, even if you have a self-employed status (Class 2) this does NOT prevent you from paying Class 1 National Insurance when working as an Extra or Military Adviser.
5.3 You are only National Insurance exempt if you are of retirement age and have a valid exemption certificate. If applicable, a copy of your exemption certificate should be emailed to info@servicestofilm.com as soon as you have secured your first Assignment.
6. Termination
6.1 You may terminate your registration and any agreement that we have with you at any time upon giving us written notice.
6.2 We may terminate your registration and any agreement that we have with you immediately at any time without reason by giving you notice by email;
6.2.1 In the event that you (a) are in breach of these Terms or we have reasonable grounds to believe that you are in breach of these Terms or (b) fail to provide us, within a reasonable time limit specified by us, with sufficient information to enable us to determine the accuracy and/or validity of any information provided by you, or fail to provide the evidence requested in accordance with section 2;
6.2.2 Carry out any act or make any omission which is damaging or potentially damaging to our business, third parties or other users of our services. For the avoidance of doubt this will include;
6.2.2.1 making or publishing (including, without limitation, by posting matter on internet message boards or social networking websites) or causing to be made or published to anyone in any circumstances any disparaging remarks or comments concerning our business, third parties or other users of our services;
6.2.2.2 making public or publishing for commercial gain (including, without limitation, by posting on internet websites) or causing to be made public or published for commercial gain, any information accessible to you via our Website.
6.3 Upon or at any time after termination of your membership for any reason by you, we may delete your Profile from our Website and database and will be under no further obligation to you.
6.4 Provisions of these Terms which are expressly or by implication intended to survive termination shall continue beyond termination including section 11.
7. Acceptance of Work
7.1 If you are contacted by us with an offer of an Assignment we will inform you of the identity of the Production Company, the date the work is to commence, the duration or likely duration of the work, the type of work, location and hours during which you would be required to work, the rate of pay that will be paid and any expenses payable by or to you and any risks to health and safety known to us and the steps we have taken to prevent or control such risks and the same will be done at the time an Assignment is offered. In addition we will inform you of any experience, training, qualifications and any authorisation required by law or a professional body the Production Company considers necessary (or which are required by law to work on the Assignment).
7.2 You are not obliged to accept any Assignment offered by us but if you do, during every Assignment and afterwards where appropriate, you will:
7.2.1 turn up to the Assignment on time and remain at the Assignment as agreed;
7.2.2 Carry out the Extra or Military Adviser role that you have been booked for to the best of your skill and ability;
7.2.3 co-operate with the Production Company‟s reasonable instructions and accept the direction, supervision and control of any responsible person in the Production Company‟s organisation; 7.3.4 abide by any specific terms related to the particular job;
7.2.4 observe any relevant rules and regulations of the Production Company to which attention has been drawn or which you might reasonably be expected to ascertain;
7.2.5 take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions on the Assignment and comply with the Health and Safety policies and procedures of the Production Company;
7.2.6 not engage in any conduct detrimental to the interests of the Production Company;
7.2.7 not at any time whether during or after our agreement with you divulge to any person, nor use for your own or any other person‟s benefit, any confidential information relating to the Production Company’s or our employees, business affairs, transactions or finances.
7.3 If you are unable for any reason to attend work during the course of an Assignment you must inform us by phone as soon as possible
7.4 If, either before or during the course of an Assignment, you become aware of any reason why you may not be suitable for an Assignment, you shall notify us without delay.
7.5 We or the Production Company may terminate an Assignment at any time without prior notice or liability in line with agreements in place.
7.6 If you do not inform the Production Company or us with a valid reason why you would be unable to attend work during the course of an Assignment this will be treated as termination of the Assignment by you in accordance with section 8.5 unless you can show that exceptional circumstances prevented you from complying with this section 7.6.
7.7 If you are absent during the course of an Assignment and the Assignment has not been otherwise terminated we will be entitled to terminate the Assignment in accordance with section 7.5 if the work to which you were assigned is no longer available for you & at our sole discretion remove your details from the SERVICES TO FILM COMMUNITY INTEREST COMPANY system.
7.8 You are under no obligation to accept any offer of work and we are under no obligation to offer you any work.
7.9 On some occasions, once filming has concluded, if may be that your status for that Assignment is of a higher contribution level that that first agreed (“Upgraded Role”) in which case you may be entitled to enhanced fees from the Production Company. Any negotiations for an Upgraded Role relating to an Assignment that you have accepted must only be undertaken by us and you must refer all such matters to us and not deal with them yourself.
8. Intellectual Property
8.1 You grant us an irrevocable royalty free licence to use any of the material that you provide to us and we are allowed to manipulate, reformat and otherwise alter this material for use on our website and database and other business purposes. You waive any moral rights that you may have and will not assert moral or similar rights.
8.2 We may delete all or part of the information you supply to us at our sole discretion.
9. Notices
9.1 You may send notices to us at info@servicestofilm.com or you may mail us at our current address as set out on the website. When we refer to notifying us in writing, emails are sufficient.
9.2 We may send notices to you by emailing you at the email address you supply on your Profile or by posting notices on your Profile. We may also write to you at the address you supply to us on your Profile. It is your responsibility to verify that your email account is in proper working order and to check your emails and you assume the risk of all consequences for transmission or operational failures.
10. Data Protection and Privacy
10.1 By registering with us, you agree to us using your personal details in order to supply the Services to you (which may involve passing them on to relevant third parties such as production companies and other agencies) and in order to send you further information about our products and services.
10.2 To make sure we follow your instructions correctly and to improve our service to you through training of our staff, we may monitor or record communications.
10.3 We will also pass on your personal details to Production Companies and payroll companies to enable them to deal with their procedures and to assist in you being paid.
10.4 You acknowledge and agree to be bound by the terms of our privacy policy where applicable.
11. Liability
11.1 Nothing in these Terms limits our liability to you in the event of death or personal injury from our negligence or where the law does not permit us to limit or exclude our liability.
11.2 We will not be liable under our agreement with you for any loss, injury, expense, delay or damage caused by either of us or our employees or agents in circumstances where:
11.2.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.2.2 such loss or damage is not a reasonably foreseeable result of any such breach at the time we enter into our contract with you;
11.2.3 any increase in loss or damage results from breach by you of any of these Terms.
11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time we enter into our contract with you (such as loss of profits or loss of opportunity).
11.4 We have no liability to you which arises from the provision by you to us of incorrect information. You must therefore check and verify any information you supply to us prior to doing so.
11.5 We have no liability for any injury or loss you may receive or suffer while carrying out any Assignment.
11.6 Our maximum liability to you in contract, tort (including negligence) or otherwise in relation to our relationship with you is (subject to section 11.1) limited to the higher of £200.
11.7 As a consumer, you may have certain rights. These Terms do not affect those rights.
11.8 We will not be liable in any way for technical or other problems that you may experience in receiving emails or when using our Website and we are not responsible for any loss or damage of any kind caused to your computer equipment from using our Website.
12. General
12.1 If any provision of these Terms is unenforceable this will not stop the rest of these Terms from being enforceable.
12.2 Headings are for convenience only and do not affect the meaning of these Terms.
12.3 You are not our agent, employee or partner and you are not authorised to enter into any obligation on our behalf.
12.4 We may assign this Agreement; your rights under this Agreement are personal to you and you may not assign them. No third party may benefit from this Agreement other than a Production Company or someone to whom we assign rights to.
12.5 Even if we do not exercise any of our rights on a particular occasion, that will not prevent us exercising those rights in the future.
12.6 We are not responsible for matters beyond our control which prevent us from performing our obligations.
12.7 Reference to the singular include a reference to the plural and vice versa; reference to one gender includes a reference to all genders; the words “including” means “including without limitation”.
12.8 These Terms are governed by and construed in accordance with the laws of England and Wales. Each of us submits to the non-exclusive jurisdiction of the English Courts.
13. Definitions
In these Terms and Conditions, the following words shall have the following meanings:
“Assignment” – an assignment for work as an Extra or Military Adviser;
“Extra” – a person who works as an Extra or background artist including in an Upgraded Role;
“Production Company” – a third party whom we introduce you to for the purpose of hiring your services as an Extra;
“Profile” – your personal Profile on our website that you create and provide the information and data for;
“Upgraded Role” – the same meaning given in section 7.10;
“you” (or “your”) – the person, company or other legal person who enters into a contract with us or accesses our website;
“us” (or “our” and “we”) – SERVICES TO FILM COMMUNITY INTEREST COMPANY, a Community Interest Company registered in England with company registration number 08699647
You can write to us SERVICES TO FILM COMMUNITY INTEREST COMPANY, Thomas & Co, 30 Binley Road, Coventry, CV3 1JA. If we change addresses, our current address will always be on our website and you should write to us there.
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