MEMBERSHIP TERMS AND CONDITIONS
This service is provided by LINK DIRECTORY LIMITED T/A Movie Extras and LINK DIRECTORY T/A Casting Zone, 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 LINK DIRECTORY LIMITED T/A Movie Extras and LINK DIRECTORY T/A Casting Zone. This Agreement (the "Agreement") is a legal Agreement between you (the "Member") and LINK DIRECTORY LIMITED T/A Movie Extras and / or T/A Casting Zone ("both to be referred as MovieExtras"). By subscribing to the service or services provided by MovieExtras you agree to the following Terms and Conditions (T&C's).
The term MovieExtras used in this document will expressly refer to both of the businesses LINK DIRECTORY LIMITED T/A Movie Extras and LINK DIRECTORY T/A Casting Zone. To ensure that there is no misunderstanding, this Agreement applies to members of either or both of the directory services entitled MovieExtras.ie and CastingZone.ie.
This Agreement constitutes the entire understanding and Agreement between the Member and MovieExtras 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. MovieExtras 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 MovieExtras. Except as described herein, the Member may not assign this Agreement without MovieExtras's consent.
Use of MovieExtras's services is at the subscriber's own risk. MovieExtras and its business associates provide MovieExtras 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 MovieExtras services is free from defects, merchantable or fit for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. MovieExtras 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 MovieExtras 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.
MovieExtras 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://secure.movieextras.ie/Member_terms.html.
These Terms and Conditions apply to all Members of MovieExtras.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.
We advise Members to regularly look at this page to ensure that Members are aware of the current Terms and Conditions.
1 Restriction to Being a Member of MovieExtras
1.1 You may not register as a Member of MovieExtras if the following sub clauses apply to you:
1.1.1 You have ever been convicted of a serious or violent or sexually related criminal offence or have committed an offence which could result in bringing MovieExtras or that of the Companies that use MovieExtras's services directly or indirectly into disrepute.
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 MovieExtras for unlawful purposes or deceitful purposes
1.2 If during your membership as a Member of MovieExtras.ie, any of the above sub-clauses - 1.1.1, 1.1.2, 1.1.3 - becomes applicable to you, you will notify MovieExtras.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 Post service provided by the An Post service and addressed to: The Managing Director, MovieExtras.ie, Ardmore Studios, Bray, Co Wicklow, Ireland. Your membership to MovieExtras will immediately cease. MovieExtras will acknowledge your letter within seven working days of receiving your letter, and this letter from MovieExtras will be deemed as the only proof that MovieExtras has received your letter. MovieExtras reserves the right to solely decide to terminate your membership. MovieExtras will not enter into discussion as to why membership is terminated and the MovieExtras decision is final.
1.3 MovieExtras reserves the right to refuse membership to its services. MovieExtras will not enter into discussion as to why membership is refused and MovieExtras decision is final.
2 Performers Protection Act 1968
The Member grants to MovieExtras 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 MovieExtras to distribute the Members entry and to enable MovieExtras to sign agreement to the use of the Members image in a production and to agree fees on behalf of the Member. MovieExtras 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.
3 Criminal Convictions
If you have a criminal record prior to becoming a Member of MovieExtras or while you are a Member of MovieExtras, you must immediately inform MovieExtras in writing by using the Registered Post service as provided by the An Post service and addressed to: The Managing Director, MovieExtras.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. MovieExtras will acknowledge your letter within seven working days of receiving your letter. This letter from MovieExtras will be deemed as the only proof that MovieExtras has received your letter and that you have complied with this clause. If your criminal conviction is deemed that it could result in bringing MovieExtras or that of the Companies that use MovieExtras's services either directly or indirectly into disrepute, your membership maybe terminated. MovieExtras reserves the right to solely decide to terminate your membership. MovieExtras will not enter into discussion as to why membership is terminated and the MovieExtras decision is final.
MovieExtras reserves the right to vet all applicants wishing to join the MovieExtras service. This may include, but is not limited to requesting character references from people involved in the Film Industry.
5 Deduction from Fees
MovieExtras are entitled to deduct from moneys received by MovieExtras in respect of the work of the Member a casting fee and/or payroll fee and/or any other relevant fees. MovieExtras will invoice the production company for the services of the Member through the MovieExtras casting service. Provided that MovieExtras is paid by the production company MovieExtras 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.
6 Recurring Payments
All payments are recurring unless cancelled by yourself within twenty days of your contract expiring.
7 Price Increases / Decrease
MovieExtras reserves the right to increase or decrease the price for membership at any time. These price changes will be reflected at https://secure.movieextras.ie/registration/@@register.html. Such price changes are immediately effective once they have been published on this page.
In no event will MovieExtras 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 MovieExtras, even if MovieExtras or its affiliates have been advised of the possibility of such damages. In any event, MovieExtras's entire liability under this agreement shall not exceed the revenue received by MovieExtras (if any) attributable to the subscriber's use of MovieExtras's services or website.
If MovieExtras books the Member for work on a production or commercial organisation or acts as a payment intermediary between the Member and a commercial organisation, then MovieExtras 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 MovieExtras bank account. In the event that the fee is not paid or is less than what is expected, MovieExtras accepts no liability in paying the difference between what is expected and what is received by MovieExtras, no matter what the reason for the deficit. This includes but is not limited to a mistake or other originating from MovieExtras, 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 MovieExtras.
10 Agreement Termination
The Member may terminate this Agreement at any time by notifying MovieExtras in writing to the above address. MovieExtras may terminate this Agreement at any time for any reason, with or without prior notice. No refunds will be issued and MovieExtras shall have no further liability to the Member whatsoever. Should the Member object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with MovieExtras's services in any way, the Member's only recourse is to discontinue immediately use of the Services. Without restricting MovieExtras's ability to rely on other remedies that may be available to MovieExtras, MovieExtras will suspend or terminate the Member's account at MovieExtras's absolute discretion if: MovieExtras suspects the Member is breaching any term of this Agreement or MovieExtras suspects the Member is acting in a manner that is detrimental to the conduct of MovieExtras's business. MovieExtras reserve the right to terminate a Members account without notifying the Member whose account is being terminated.
11 Service Supply
MovieExtras reserves the right of sole discretion to modify or discontinue the services offered by MovieExtras, or any portion thereof, at any time, with or without notice to the Member. MovieExtras shall not be liable to the Member or any third party should MovieExtras exercise its right to modify or discontinue the services offered by MovieExtras. No refunds will be granted to Members in this instance.
12 Complaints from Production Companies
The Member undertakes when working for the Database User (normally a production company directly or indirectly through MovieExtras) 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 MovieExtras obtains any complaints in relation to the work of the Member whether arising out of failure to turn up, punctuality, conduct or otherwise MovieExtras shall be entitled to decide to remove the Member from the Database and MovieExtras 's decision shall be final. No refund of any fees paid will be made in that event.
MovieExtras will keep the Extra's entry on the Database for the period chosen by the Member. MovieExtras reserves the right to terminate Members accounts following the expiry of the subscription period and to delete all information and files on these accounts if the Member does not renew the subscription. The Member can renew the subscription within 14 days, following the expiry date of the subscription period.
14 Offers of Work
Offers of work to the Member will be communicated to the Member by the Database User (normally a Production Company or Agency or MovieExtras). MovieExtras undertakes to use all reasonable endeavours to promote the Database. However, MovieExtras cannot guarantee the number of times that the Member's entry will be reviewed by users of the database nor the amount of work the Member may obtain as a result of the entry on MovieExtras's Database. MovieExtras 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 MovieExtras'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. MovieExtras and the database user may share information about your conduct on-set, or any interaction with MovieExtras or the database user. MovieExtras reserves the right to keep records of this information which may be accessible by the database user.
On registration you are requested to upload or submit a photograph. It is compulsory to do this. All photographs are checked on being uploaded to the site. 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. MovieExtras 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 MovieExtras be liable for the said photograph. You grant MovieExtras 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 MovieExtras may commission or use from time to time.
From time to time, MovieExtras 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 MovieExtras for use on the MovieExtras.ie website and other such media as required by MovieExtras. It is strictly prohibited to use these photos on any other website whether for commercial or personal use without written clearance from the photographer.
17 Use of the Service
MovieExtras 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 MovieExtras's services. MovieExtras 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 MovieExtras.
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. MovieExtras may broadcast notices or messages through the website, www.MovieExtras.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.
Members undertake to keep confidential any and all information that is communicated to them from:
- from a production
- from a production company
- being present on set.
Members who are booked for a day on set are restricted from speaking to the media, blogging, posting online, facebooking, 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 MovieExtras.ie.
20 Removing of Profiles
MovieExtras reserves the right to remove a Members profile or to reduce the amount of work 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 MovieExtras into disrepute and any other action which leads to the disruption of the service or creates a negative image of the service that MovieExtras provides or any organisation in the Film, Television, Advert, Promotional Industries or any other Industry or companies that MovieExtras has a relationship with.
21 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. MovieExtras and the Member acknowledge that no partnership has been created by the arrangements set up by MovieExtras in respect of the Database and that MovieExtras may assign the benefits of and obligations under this Agreement to a Third Party. MovieExtras 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 MovieExtras 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.