Two 10 Casting

Terms and Conditions for Artists

Your attention is drawn to the provisions of clauses ‎18.6 and ‎24 (Limitation of Liability).

Another 210 Ltd, t/a Two 10 Casting (we, us, our) is a casting agency providing background artists (you, your) with opportunities to work with major studios and production companies (each a Production Company and together the Production Companies) in the film and TV industry in the UK.

Background
1. We enter into agreements directly with Production Companies to provide background artists for film and TV projects("Productions") across the UK.
2. We post Roles on the Platform which you may apply for.
3. Your application and engagement for any Role is subject to these Terms.
These Terms
1. Please read these Terms carefully as it forms the binding contract between you and us.
2. By applying for a Role, you are acknowledging that you are legally bound by and agree to comply with these Terms.
3. These Terms apply in addition to any other terms and conditions, policies and procedures, guidelines or codes of conduct with relate to your engagement for a Role, as communicated to you from time to time, including any of the following:
  1. EP Terms;
  2. EP Policies;
  3. Production T&Cs;
  4. Production Policies;
  5. Production Company instructions;
  6. Production Company Contract terms (as communicated to you by us).
4. We acknowledge that you have your own contractual relationship with EP and Production Companies. In the event of any conflict or inconsistency between these Terms and EP Terms or Production T&Cs:
  1. These Terms shall apply insofar as it relates to your relationship with us;
  2. The Production T&Cs shall apply insofar as it relates to your relationship with Production Companies; and
  3. The EP Terms shall apply insofar as it relates to your relationship with EP.
5. We may amend these Terms from time to time. The most recent published version of these Terms will apply for each time you submit an application for a Role.
Applications
1. All applications are done via the Platform.
2. Applying for a Role does not guarantee you will be offered work.
3. By applying you are not automatically considered for a Role. We reserve the right to refuse your application for any reason.
4. By applying for a Role, you confirm that you:
  1. are over the age of 18 years old;
  2. are legally entitled to live and work in the UK;
  3. are able to agree to and perform all the obligations under these Terms, EP Terms and Production T&Cs, and agree to comply with same;
  4. agree to comply with any other terms and conditions incorporated by reference in our communications with you;
  5. agree to comply with: (i) any reasonable administrative instructions from us relating to the booking process (for example confirming availability, attendance logistics, and communications), (ii) the Platform requirements for use of the Platform, and (iii) all on-set and engagement instructions from the relevant Production Company;
  6. will cooperate fully with our and/or any Production Company's requests for information;
  7. agree to cooperate with any request from us or any Production Company to obtain a criminal record check;
  8. do not have any criminal convictions, including sexual offences under the Sexual Offences Act 2003;
  9. are not on a sex offenders register in the UK or elsewhere and have never been subject to any disciplinary action or sanction relating to vulnerable groups;
  10. agree that either you are not knowingly allergic to any make-up or prosthetics, or that you have informed us in writing if you are;
  11. agree that you will inform us if you are not medically and physically fit to perform any Role as soon as possible (and, wherever possible, no later than 2 working days before a booking);
  12. confirm that either there are no material facts which you consider ought to be disclosed and could be pertinent to your engagement or that you have informed us in writing of such facts;
  13. agree that we may share your details with Production Companies (including your photographs);
  14. agree that we may include your details and shots from your engagement (with the relevant Production Company's consent) on our website; and
  15. agree that we may use your details to contact you with information relating to Roles.
5. You will be provided with all necessary information in relation to a Role on the Platform. It is your responsibility to review this information thoroughly and comply with the same. You acknowledge and agree that we can only provide such information to the extent it is made available to you/us by the relevant Production Company and/or is accessible to you/us on the Platform. You further acknowledge that some information may be provided directly by the Production Company and/or via the Platform and that details can change at short notice in productions.
6. You agree to comply with all instructions given in respect of your engagement.
7. We may request additional information or confirmations from you before confirming your engagement. You must provide all information requested via the Platform. Failure to do so promptly may affect your chances of being offered or confirmed for a role.
8. By applying for a Role, you are confirming your availability for that role. You must contact us on the Platform and by email at artists@two10casting.com immediately if you are no longer available, whether or not the role has been confirmed yet.
9. Once confirmed, you are responsible for ensuring that you are available for the role.
Confirmation and check in
1. Once your booking has been confirmed, we will reach out to you before you attend set.
2. We will confirm the final details of a booking before each day on set. Please note that the details provided each day are subject to change.
3. We expect you to respond promptly to our requests to confirm the details and to confirm your availability. If you do not respond promptly, we reserve the right to cancel your engagement and replace you without notice.
4. You must contact us immediately on the Platform and by email at artists@two10casting.com if you are no longer available for a booking. Please note that changes in your availability after your engagement has been confirmed will affect your chances of being cast for Roles in the future and may impact your EP rating.
5. You undertake to check the Platform regularly for messages and respond to our communications promptly.
Our authority
1. We are an employment agency in accordance with the Employment Agencies Act 1973 and The Conduct of Employment Agencies and Employment Business Regulations 2003 (Conduct Regulations).
2. By applying for a Role, you hereby grant us authority as your employment agent for the limited purposes of:
  1. putting you forward to Production Companies for Roles;
  2. confirming your stated availability and suitability information (based on information you have provided via the Platform);
  3. communicating Role details and facilitating booking administration via the Platform; and
  4. making such other representations and confirmations to the relevant Production Company on your behalf as your employment agent.
3. You hereby confirm that we have such authority as set out above.
4. These Terms govern our work-finding / introducer services to you as an employment agency. We provide such services by identifying and putting you forward for potential Roles with Production Companies, facilitating booking administration via the Platform and passing on relevant Role information, policies and instructions we receive from the Production Company and/or the Platform. Such services do not create a contract under which you provide services to us in relation to any Role. We do not employ you and we do not engage you as a worker or contractor for the purposes of any Role.
5. Nothing in these Terms obliges us to find Roles for you or obliges you to accept any Role. You are free to seek and accept work through other agencies or platforms at any time.
6. You acknowledge that, if you are booked for a Role, you will be engaged directly by the relevant Production Company as further detailed under section 7 of these Terms.
Right to work in the UK
1. You hereby undertake that you have the right to work in the UK. You must inform us immediately if there is a change in your legal right to work, or of any facts that may threaten your legal right to work.
2. To the extent any change in your right to work occurs while you are engaged on a present or future Production with any Production Company, you must also inform the Production Company immediately.
Production Company's engagement of you
1. Your engagement for each Role is subject to a separate contract between you and the relevant Production Company.
2. In most cases, we will upload an electronic contract to the Platform for your electronic signature. In limited cases, the Production Company will provide a copy of the electronic contract to you for signature directly.
3. Your engagement for a Role is conditional on you signing the Production Company's agreement and any other documents required (release forms, consents, waivers). The Production Company (and not us) is responsible for directing, supervising and controlling your work on set and for day-to-day management during the Role.
4. You undertake to sign these agreements. In any event, by attending or continuing to attend the set you will be deemed to be bound by the terms of the Production Company's agreement.
5. Your engagement for a Role is subject to the relevant Production T&Cs and Production Policies.
Your profile
1. You are responsible for providing complete and accurate information on the Platform. Your profile must be kept up to date and complete in all respects. You accept that you may be sent home if you have provided incomplete or incorrect information on your profile. We are within our right to terminate your engagement and replace you for a Role at our sole discretion.
2. You must ensure that all physical descriptions and measurements are accurate and are kept up to date and that your photographs are accurate. If these are inaccurate, you may be sent home from a Production and you will not receive payment for your time.
3. You can update your details at any time on the Platform. If during the course of your engagement for a Role, any of your details should change, you must immediately update us, EP and the relevant Production Company of this change.
4. We expect you to respond promptly to any enquiries for information from us, and to check the Platform regularly for communications. Please always respond to our communications via the Platform.
Your conduct on set
1. By accepting a Role, you commit to attend the booking. If for any reason you cannot attend, you must inform us immediately, providing at least 48 hours' notice where possible. You can contact us at artists@two10casting.com
2. When you are booked for a day, you must keep the entire day free.
3. You are expected to behave in a professional manner at all times and to be reliable, polite and helpful on set, including following directions and instructions properly.
4. You agree to respond promptly to any queries from us or any Production Company relating to the details of your engagement (location, dates, times, working hours etc).
5. You must arrive to the set each day at the call time you are given. If you experience issues and think that you may be late, you must let us know immediately so that we can let the Production team know what time you will be arriving.
6. You may be expected to bring some documentation with you for the first day on set (for example you may be asked to bring along your hard copy passport or visa documentation). We will communicate these requirements to you in advance. You are expected to bring everything needed with you, and to present yourself to the Production team, as directed. Failure to do so may result in you being sent home from the Production with no pay.
7. You will be required to sign in and out each day with a representative of the Production.
8. If your behaviour is considered by us or by a Production Company to be unacceptable or inappropriate, or if you misrepresent us in any way, you may be required to leave set immediately with no pay.
9. Where a union agreement applies to an engagement, you will be bound by all rules and regulations in such an agreement including any relevant code of conduct.
10. Should you experience any issues with the Production Company, Production team or on set while working, you must raise these issues with the Production Company directly. You hereby acknowledge that we are not responsible for the conduct of the Production Company, Production team or any third parties attending the set.
Grant of rights
1. You undertake to, upon request: (i) confirm to the relevant Production Company directly that the Production Company shall be sole owner of the copyright in any Production in which you are engaged to play a Role, and (ii) to transfer and assign any rights which may remain vested in you, free from any third party intellectual property rights, in respect of your contribution to the Production.
2. You undertake to, upon request, irrevocably and unconditionally waive any moral rights or similar rights in any jurisdiction to the relevant Production Company in connection with your engagement in a Role.
3. You undertake to, upon request, grant to the relevant Production Company the right to use your name, voice, likeness and/or biographical material in connection with promoting and exploiting the Production.
4. You further consent to us guaranteeing on your behalf that you shall not take any legal action in any jurisdiction against the use of any footage, images or recordings taken during the course of your engagement for a Role, or that such use in any way constitutes an infringement of your intellectual property rights or moral rights.
Platform
1. EP operates the Platform, an online self-service platform to facilitate communications between all parties (you / us / EP / Production Company). You acknowledge that we cannot be held responsible for any issues or malfunctions on the Platform.
2. Your use of the Platform is subject to EP Terms.
3. EP may suspend or terminate you profile on the Platform, at any time. If your profile is suspended or terminated by EP when you are confirmed for an upcoming Role, you must notify us immediately by emailing artists@two10casting.com.
4. We will post Roles and communicate all offers and details for Roles through the Platform.
5. You are responsible for staying up to date with communications on the Platform, and for properly reviewing the details and any specifications for a Role before applying.
Payments
1. We do not process payments. All payments are processed by EP via the Platform. For the avoidance of doubt, we do not guarantee the payment of your fees and EP will not be liable to pay your fees until it has been placed in funds by the Production Company and has paid its own admin fee and our commission out of the funds received.
2. It is your sole responsibility to ensure that you provide EP with the correct bank account details for the purposes of receiving payments.
3. It is your sole responsibility to review and raise any queries directly on the Platform with EP within 24 hours of receiving your payment review (or otherwise in accordance with the EP Terms).
4. The terms for payments are set out in the EP Terms. You acknowledge that you have granted EP the sole and exclusive authority to receive money from the relevant Production Company through the Platform, and as such we have no authority to collect payments on your behalf and cannot be liable for any delays or issues with payments.
Late Payments
1. You acknowledge that you have appointed EP as your agent for the collection of payments and that EP may (in accordance with the EP Terms) issue demand letters and/or engage the services of external debt collectors and/or issue proceedings against Production Companies on your behalf.
2. You shall, upon our or EP's request, provide all consents and authorities, as may be required for the collection of your fees.
3. You further acknowledge that you shall be responsible for the reasonable and properly incurred costs of any such debt / late payment collection procedures. You hereby confirm that you shall not pursue any claim against us or EP for any reduction in your fees resulting from EP incurring reasonable costs in the collection of your fees.
Invoicing
1. Notwithstanding clause ‎12 and EP's sole control over the payments process. For each engagement booked, we will invoice the relevant Production Company on your behalf using the Platform.
2. You hereby authorise us, as your employment agent, to invoice Production Companies on your behalf. For the avoidance of doubt: (i) EP processes invoices and manages all payments; (ii) invoices are sent through the Platform process; (iii) all funds are received and processed by the Platform in accordance with the EP Terms; and (iv) we do not receive or hold any money on your behalf.
Our commission
1. You acknowledge that we will charge a commission from your fees for each Role that you are booked for as a result of our work-finding / introducer services to you as an employment agency (our commission).
2. Our commission is communicated to you on the Platform for each Role. By applying for a Role, you acknowledge acceptance of our commission rate. Our commission is paid to us via deductions made through the Platform payment process from the funds received from the Production Company for the Role. No separate fees are payable by you to us in advance.
3. In addition to our commission, you acknowledge that EP will charge an admin fee, as agreed between you and EP. This is separate and distinct from our commission.
Confidentiality
1. The work that you do is strictly confidential.
2. You must not:
  1. disclose any details of a Production or your engagement to anyone;
  2. take any film or sound recording or take any photographs while on set; or
  3. share, post or publicly make available (including on social media) any information about any Production or your engagement.
3. If you are found to have taken any unauthorised photos or videos on set, you may be sent home from set with no payment.
4. Production Companies will require you to sign a non-disclosure agreement with respect to your engagement. Refusal to sign may result in you being sent home from set with no pay.
5. If you are found to have breached any of your confidentiality obligations (to us or to any Production Company), we reserve the right to terminate any present and future engagements you are booked in for via us. Further, we will notify EP of your breach and EP may (in its sole discretion) terminate your profile on the Platform. For the avoidance of doubt, we have no control over EP's management of your profile and/or EPs decision to terminate or suspend your profile.
6. The obligations imposed by this clause ‎16 shall survive termination of your contract with us for any reason.
Taxes
1. It is your responsibility to declare your earnings for tax purposes to HMRC. We make no representations or warranties regarding your tax liability concerning any payments made to you in respect of any Role you undertake. You are responsible for your own tax affairs. We cannot offer you any advice on your tax situation.
Health and Safety
1. We will take all reasonable steps to provide you with all health and safety information applicable to your engagement. This information will be provided to you on the Platform. It is your responsibility to familiarise yourself with this information before attending set.
2. Production teams should make daily risk assessments available to you each day. You are responsible for requesting these each day and reviewing and acting in accordance with such daily risk assessments.
3. Production teams may provide you with additional health and safety information. It is your responsibility to take appropriate care of your own health and safety and co-operate fully with the Production team in its implementation of health and safety measures.
4. We are not responsible for safety on set. We will endeavour to assist you if you become aware of any issues with respect to your safety or the safety of others on set. We ask that you bring this to our attention immediately and to the attention of the appropriate person on the Production team. For the avoidance of doubt, we do not have control over the Production Company / Production team's implementation of health and safety measures and we cannot accept any responsibility for the acts or omissions of third parties.
5. All unsafe practices should be reported directly to the Production Company in first instance and reported to us as soon as practicable. Wherever possible you undertake to act reasonably and co-operate with the relevant Production Company to try and resolve issues with them directly. We do not undertake to take any action against a Production Company on your behalf, we may however (at our discretion) assist you in resolving the matter with a Production Company. If you have raised an issue and the Production Company has not taken any action, we ask that you bring the issue to us and EP, so that we can consider any action which may be appropriate.
6. PLEASE NOTE: We do not accept any liability whatsoever for any injury or harm suffered or sustained by you or caused to you (unless directly caused by our negligence), or for any damage to, loss or theft of any of your personal possessions, or any financial loss sustained while travelling to or from an engagement or while attending set.
Your personal information
1. We process your personal information in accordance with the Data Protection Act 2018 (DPA) and General Data Protection Regulation 2018 (GDPR) and are designated as a data controller.
2. We will use your personal information only for purposes relating to your contract with us (including in relation to your engagement for a Role), or as agreed by you, or as permitted by law.
3. For more information, please read our full privacy notice available here: www.two10casting.com/privacy-policy.
4. From time to time we may contact you to offer you Roles, or other services. We are not obliged to do this, and you are not obliged to accept any offers we make.
5. You hereby consent to us sharing your personal information with Production Companies, as required in respect of a Role.
Motor Liability Insurance
1. To the extent that you are driving to and from the site, or as part of your Role, you will maintain at all times during your engagement valid and adequate motor liability insurance.
Indemnity
1. You indemnify and agree to indemnify and hold harmless Two 10 (and its associated, affiliated and related entities, parent, successors, assigns, licensees and each of their officers, directors, employees and agents) and keep fully indemnified from and against any and all claims, judgments, losses, damages, costs and expenses (including reasonable outside legal costs and expenses) and liabilities arising from or resulting from or connected to: (i) your engagement for a Role, (ii) your negligence or wrongful act or omission, (iii) your failure to comply with any of the provisions of these Terms (including your confidentiality obligations), (iv) your failure to comply with any of the provisions of your agreements with Production Companies, the Production T&Cs and Production Policies, (iv) your failure to comply with the EP Terms and EP Policies, (v) your misconduct or breach of any applicable laws, and (vi) any claim brought by EP, Production Companies or any third parties in connection with your use of the Platform and/or your engagement for a Role (including any claims relating to your conduct on set and/or any issues which may arise with respect to the grant of rights made by you or by us on your behalf pursuant to clause ‎4).
2. The obligations imposed under this clause ‎21 shall survive termination of your contract with us for any reason.
Cancellations
1. Production Companies may cancel bookings at any time. We will notify you as soon as practicable after we receive notice of a cancellation. Production Companies may not be obliged to pay your fees in the event of a cancellation. We will notify you of any cancellation fees paid or payable on a case by case basis.
Termination
1. You may terminate your contract with us, giving not less than 7 days' notice in writing, only after you have completed all confirmed bookings, (including future bookings for which you have been confirmed but which not commenced).
2. We reserve the right to terminate your engagement for a Role (and/or to withdraw you from being put forward for Roles through us) and/or our contract with you with immediate effect: (i) for any material breach of these Terms, any applicable Production T&Cs or the EP Terms; (ii) for any material breach of our policies, any applicable Production Policies, or the EP Policies; (iii) on the termination or expiration of the Production Company Contract for which your Role relates; (iv) if a Production Company notifies us of any issues with your conduct (on or off set); (v) if EP deactivates your profile on the Platform (for any reason); (vi) if the Production Company or EP otherwise pulls your engagement in a Role for any reason; or (vii) if the Production is pulled or suspended indefinitely for any reason. For the purposes of this provision, any non-material breach not remedied within a reasonable timeframe, or the time indicated for remedy at the time, shall be deemed material.
3. Provisions of these Terms which are expressed to survive termination shall remain in full force and effect notwithstanding termination of your contract with us for any reason. For the avoidance of doubt, your contractual obligations to Production Companies and EP will be in no way affected by a termination of your contract with us.
Limitation of Liability
1. We cannot and do not regularly check the compliance and credit worthiness of Production Companies or EP and as such we cannot be relied upon as a guarantee of their ability to perform their contractual and statutory obligations to you, in particular we do not guarantee the payment of your fees.
2. Subject to clause ‎24.3:
  1. We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any (i) loss of profit, business, revenue, goodwill, anticipated savings, (ii) theft of any of your data or materials; (iii) any claims made under third party contracts; or (iv) any special, indirect or consequential loss, arising under or in connection with these Terms, or (v) any act or omissions (including any negligent, wrongful, dishonest, fraudulent act or omission) or misrepresentations of any third parties (including Production Companies and any persons working on or attending set); and
  2. Our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall in no circumstances exceed a sum equivalent to three times our commission in relation to the relevant engagement.
3. Nothing in these Terms shall limit our liability for:
  1. our own fraudulent acts or omissions; or
  2. death or personal injury caused by our own negligence; or
  3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
4. Please note that EP's liability to you is limited under the EP Terms.
5. The limits imposed by this clause 24 shall survive termination of your contract with us for any reason.
General
1. We may at any time assign, transfer, subcontract or otherwise deal with all or any of our rights or obligations under these Terms. You may not assign, transfer, subcontract or otherwise deal with any or all of your rights or obligations under these Terms without our prior written consent.
2. With exception to our affiliates, no third party shall have any right to enforce any of the provisions of these Terms.
3. Any notices from us to you under these Terms, shall be sent to your email address (as provided on the Platform), and shall be sent by email and deemed received on the date of transmission.
4. These Terms are governed by and shall be construed in accordance with the laws of England and Wales. Non-contractual obligations (if any) arising out of or in connection with these Terms (including the formation of a contract by them) shall also be governed by the laws of England and Wales.
5. The parties submit to the non-exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with the agreement formed by these Terms.
Definitions and Interpretations
1. The following definitions and rules of interpretation apply to these Terms:

means Entertainment Partners, LLC and its affiliates.

EP Terms

means EP's terms and conditions (such as the EP Background Artist Terms and Conditions), as updated from time to time.

EP Policies

means EP's policies and procedures, guidelines and codes of conduct applicable to your use of the Platform, including EP's anti-harassment and anti-bullying policies, as updated from time to time.

Platform

means the EP casting platform.

Production Company Contract

means the contract between us and the relevant Production Company which relates to the Production.

Production Group Company

means any subsidiary or holding company of a Production Company and any subsidiary of any holding company.

Production T&Cs

means the terms and conditions of a Production Company (or any Production Group Company), whether provided to you by us or by the Production Company, as updated from time to time.

Production Policies

means the policies and procedures, guidelines and codes of conduct applicable to your engagement, including any anti-harassment and anti-bullying policies, whether provided to you by us or the Production Company, as updated from time to time.

Role

means any roles (for extras in the film and TV industries) posted by us on the Platform.

Terms

means these terms and conditions, as updated from time to time.
1. A person includes a natural person, firm, company or unincorporated body (whether or not that body is treated in law as having a separate legal personality).
2. A reference to a party includes its successors and anyone to whom it transfers its rights and obligations in accordance with these Terms.
3. A reference to a statute or statutory provision should be read to include any amendment or re-enactments of it. A reference to a statute or statutory provision includes all regulations or other legally binding guidance made under it.
4. References to include, including, in particular, for example or any similar expression are interpreted as being without limitation.
5. A reference to in writing or written includes by email but excludes fax.