General Terms and Conditions

Joey Casting International is located in Amsterdam and is registered in the Chamber of Commerce under registration number: 78437458.

Hereinafter, Joey Casting International will be referred to as ‘JCI’. JCI not only applies general terms and conditions to talents but also separate general terms and conditions to its clients.

Article 1 | Definitions
1.1. In these general terms and conditions, “talent” refers to any person recommended by JCI who participates in a performance as an actor, voice actor, model, supporting actor, dancer, or any other form of entertainment.

1.2. In this context, “performance(s)” refers to performing acting, music, dance, or theater work, as well as participating in sound, video, or film recordings, and engaging in promotional/entertainment activities for an audience.

1.3. ‘Booking’ refers to a written and/or verbal agreement for assignment, mediation, or booking agreement, conducted via telephone, email, post, or in-person contact.

1.4. ‘Registration’ The storage of photos and information in JCI’s database, including detailed personal details, measurements, video/Mp3 material, and CVs.

Article 2 | Applicability
2.1. By registering with JCI, the talent agrees that these general terms and conditions apply to all services offered by JCI to the talent as stated in these general terms and conditions, and to all resulting assignments for the talent.

2.2. Deviating general terms and conditions used by talent are not applicable to the relationship with JCI or JCI’s clients unless expressly agreed otherwise in writing.

2.3. At any time, JCI reserves the right to refuse individuals who have registered without giving a reason.

Article 3 | Authorization
3.1. By registering on the general JCI website, applying via email, or providing personal contact information, the talent authorizes JCI to propose them to clients for potential performances.

3.2. The talent has already granted JCI exclusive authorization for the financial settlement of assignments performed by the talent and any resulting usage rights, as further specified in these general terms and conditions. If the talent has an agent, the agent will be responsible for these tasks, with JCI generally playing no role unless otherwise agreed prior to the assignments. An agent is a registered entity with the Chamber of Commerce that primarily mediates talent.

3.3. JCI is authorized to propose talent for performances but does not have the right to compel an actor to perform without the actor’s express consent.

3.4. The talent may not contact JCI’s clients outside of JCI, both for potential new assignments and for the financial settlement of existing assignments.

3.5. JCI has the right to use visual and audio material of the talent for promotional purposes and sales activities through presentations or expressions in publicity media and on the internet, without owing any compensation to the talent.

3.6. Upon registration, personal data and/or visual recordings provided by the actor and/or made by JCI become the property of JCI. JCI hereby obtains the right of use.

3.7. JCI has the right to provide personal data and visual recordings of the talent to third parties (potential clients for actors).

3.8. The decision to register a talent in JCI’s database or to deregister a talent is entirely at JCI’s discretion and does not require further justification.

Article 4 | Bookings & Agreements
4.1. When an actor is selected for a role and orally or in writing agrees to an offer for a performance presented by JCI, a contract of assignment arises between the actor and the client named by JCI. In doing so, the actor is obligated not only to JCI but also to the mentioned client of JCI to actually perform the performance at the agreed time, place, manner, and in accordance with any financial arrangements.

4.2. When the talent orally or in writing agrees to an offer for the transfer of (additional) usage rights presented by JCI, a contract arises between the talent and the client, possibly regarding copyrights and portrait rights, concerning the (additional) use of visual or audio material.

4.3. During the contract period, the talent is not allowed to advertise for competing products or services, including all forms of advertising, such as on the internet, photography, and the like. Any past competing campaigns must also be terminated.

4.4. The talent may not publicize the agreement in any way without JCI’s written consent.

4.5. Upon booking, the talent commits to having all necessary documents for the work to be performed, including a residence permit, work permit, address details, identification details, and passport or ID card.

4.6. The Talent and representing agencies are not allowed to directly contact the Client (owner of the brand, advertising agency, production house, etc.) outside JCI for repeats or follow-up assignments of a project realized by JCI.

4.7. Without JCI’s approval and without its knowledge, the Client and the Talent are not allowed to approach or contract each other after being brought into contact by JCI.

Article 5 | Complete and Proper Execution of Performance
5.1. The talent is obligated to fully execute the assignment as agreed, meaning throughout the entire duration of the performance.

5.2. JCI will never become the client or employer of talent, nor can JCI ever be held responsible for negligence or failure to fulfill obligations by clients. Acceptance of an assignment by talent does not create any legal relationship between talent and JCI other than what is stipulated in these general terms and conditions.

5.3. If the talent fails to fulfill the agreement with the client, whether or not through JCI, or speaks negatively about the client, JCI cannot be held liable for any resulting damages for the client, except in cases of intent or gross negligence.

5.4. Talents must be insured with a liability insurance during the agreed work. In addition, talents are required to be insured for health care costs during their work and, if necessary, to take out travel insurance.

5.5. JCI is not liable to talents, clients, or third parties for accidents, permanent disability, and death that occur on the way to and/or from the recording location and during the recordings.

5.6. If the talent does not (sufficiently) fulfill the obligations arising from the booking, JCI reserves the right to terminate the agreement and not pay the fee in whole or in part.

Article 6 | Cancellation & Termination
6.1. If a client wishes to cancel a booking of a talent, this must be done in writing and for talents residing in the Netherlands, more than 36 hours before the start of the assignment. In this case, there are no costs associated with the cancellation. If the cancellation occurs within less than 36 hours before the start of the assignment, 50% of the agreed amount will be charged.

6.2. The Talent may not cancel an agreement within forty-eight hours before the start of the assignment. If the Talent is unable to work for any reason, they must immediately notify JCI. If the Talent fails to appear for the assignment or is not on time, JCI has the right to terminate the agreement without obligation to any compensation. In that case, the Talent must pay a fine to JCI amounting to fifty percent of the agreed fee.

6.3. JCI reserves the right to terminate the agreement with immediate effect and without the involvement of the court or to withhold the compensation in whole or in part, without any obligation for compensation, if such a change in circumstances occurs that it is reasonable and fair to terminate the agreement.

Article 7 | Rights
7.1. The talent fully and unconditionally transfers their rights for the agreed compensations to JCI. Hereby, the talent grants the client or JCI the right to exploit their performance for the respective project at their discretion and according to their judgment (see Copyright Law).

7.2. Exploitation includes, among other things, the recording, publication, and reproduction of the performance, whether or not in edited form.

7.3. Broadcasting includes, among other things, any form of dissemination of information in image and/or sound or otherwise.

7.4. The compensation for the transfer and for any form of exploitation is deemed to be included in the agreed compensation; buy-out.

7.5. The talent unconditionally agrees that the decision to broadcast the performance in whole, in part, or not at all lies with JCI and its client.

7.6. After accepting the buy-out, JCI or the client has the right to fully or partially transfer the transferred rights to third parties or grant licenses to third parties.

Article 8 | Payments
8.1. If, based on the presented facts regarding the independence/entrepreneurship of the Talent, JCI has refrained from withholding taxes and/or social contributions, and the tax authorities and/or social security agency later conclude that these withholdings and contributions were erroneously omitted, JCI reserves the right to recover all resulting costs, including back taxes, interest, fines, and legal assistance costs, from the relevant Talent.

8.2. The specified compensation in the agreement is a gross amount, excluding the agency fee, excluding VAT, and includes both mediation costs and all other additional costs, unless otherwise agreed. In principle, the compensation always includes travel expenses, unless stated otherwise. If travel expenses are reimbursed separately, this amounts to a maximum of €0.23 per kilometer.

8.3. After completing an assignment, it is the responsibility of the Talent to submit the agreed compensation to a payroll service bureau or to submit an invoice themselves. JCI will only reimburse fully and correct invoices that meet the invoicing requirements of the tax authorities. One year after the termination of the assignment, all claims for payment of invoices not submitted will expire.

8.4. The talent will be responsible for submitting income tax returns and social contributions. However, if at any time it becomes apparent that JCI is obliged to withhold or pay income tax and/or social contributions for the talent, the talent hereby indemnifies JCI from such claims, including any fines and interest resulting therefrom.

8.5. JCI is solely and obliged to pay the Talent if a client has paid the compensation due to a Talent to JCI. JCI can never be held accountable by the Talent for any reason if clients have not paid or fully paid the compensation.

8.6. JCI invoices the client on behalf of the Talent. The client must have transferred the invoice amount to JCI’s account within 60 days after the date stated on the invoice.

Article 9 | Liability
9.1. JCI will never act as the client or employer of the talent, nor can JCI ever be held liable for any negligence or non-performance of clients. By accepting an assignment, the talent does not create any other legal relationship between the talent and JCI than what is laid down in these general terms and conditions.

9.2. If the talent fails to comply with or inadequately complies with any provision of or commitment arising from the agreement with the client, whether or not concluded through JCI, the talent cannot hold JCI liable for any damage resulting therefrom for the client. The talent indemnifies JCI against any claims by third parties as a result of failure to comply with any provision in the contract and/or the General Terms and Conditions.

9.3. JCI is not liable for accidents, (permanent) disability, and death of the talent on the way to/from the assignment location and during the assignments.

9.4. The incapacity for work of the talent, as well as any other circumstances constituting force majeure for the talent, also apply as force majeure for JCI.

9.5. The talent is fully responsible for their own statutory liability insurance (for a minimum of 1 million Euros), health insurance, accident insurance, and any travel insurance. JCI is not liable towards the talents, clients, or third parties.

9.6. JCI never accepts liability for consequential damage or immaterial damage.

FINAL PROVISION:
All disputes arising out of or in connection with the activities performed by JCI under these general terms and conditions will be judged according to Dutch law. Unless otherwise provided by mandatory law, these disputes will exclusively be settled by the competent court in Amsterdam.