General Terms & Conditions of International Native Casting B.V.
International Native Casting B.V., hereinafter referred to as INC, acts as an intermediary with clients on behalf of our talents. The following Terms and Conditions, hereinafter referred to as T&C, shall apply in all cases in which the services of INC are used unless otherwise agreed in writing.
- The ENAGEMENT AGREEMENT is to be confirmed between the client and INC before work begins.
- The following T&C shall govern the relationship between INC and talent at all times.
- The T&C and Engagement Agreement of INC prevails at all times.
- INC is authorized to look after all interests of all talents in all cases, including those with external agents.
- The talent of INC shall perform their duties independently in the practice of their profession and are not employees of INC.
ARTICLE I – FEES
The rates shall be fixed in an agreement between INC and the client at the current fair market value. All fees presented are ex VAT (BTW) and ex 20% Agency Fee (AF).
ARTICLE II – TALENT FEE OPTIONS
The client has the choice of booking the talent at the following work rates:
ON-CAMERA
- HALF-Day Fee (4 hours)
- FULL-Day Fee (8 hours). After 8 hours, an additional HALF DAY Fee is applied.
- FITTINGS / SALON Prep: a fixed rate of Half-Day Fee.
- TRAVEL/DOWN DAYS: a fixed rate of Half-Day Fee
- REHEARSALS: a fixed rate of Half-Day Fee
- PER DIEM: Standard Rates apply for all on-location projects
- THE PACKAGE: If a talent travels, rehearses, and has a fitting on the same day, they receive a fixed rate: Full-Day Fee + Per Diem
OFF-CAMERA
- VOICEOVER – Hourly Fees: 1e hour is any amount between 0-60 minutes. Each additional hour remunerates at half 1e hour fee.
- AUDIO BOOK: Standard Project Rates Apply
ARTICLE III – TRAVEL EXPENSES
Travel expenses are calculated on a fixed rate based on the current Netherlands government allotment of euros per/kilometre roundtrip. NB: If agreed in advance, the talent will receive remuneration from the client for second-class public transportation within the Netherlands from the talent’s residence to the project location.
If the project is outside of The Netherlands, the client pays for all travel expenses, accommodations, transfers, and per diem. The client is also responsible for covering all travel expenses aforementioned, plus the GUARDIAN STIPEND of a Parent/Guardian when the talent is under 16 years of age.
ARTICLE IV – AGENCY FEES
- The Agency Fee (AF) for casting a talent in a project is 20% above in the negotiated fee.
- Live/Digital Audition Agency Fees – Available upon request.
- Casting Director Fees for projects are available upon request.
ARTICLE V – BUYOUT USAGE FEES
Buyouts are based on Territories/Regions, Usage/Platforms and length of time/visibility.
ARTICLE VI – EXCLUSIVE RIGHTS
If the client wishes to have the exclusive right of a talent, binding agreements on this subject will be made in advance with INC. Exclusivity rates apply.
ARTICLE VII – OPTIONS and BOOKINGS
- The signed contracts between the client, INC, and the talent(s) is binding for all parties.
- Options on talents must be confirmed in a timely manner before the start of a booking.
- Cancellation Fees apply per Engagement Agreement .
ARTICLE VIII – CANCELLATIONS – ENGAGEMENT AGREEMENT APPLIES
i. If the client cancels a talent between 24 and 48 hours before the start of the work, the client shall owe 50% of the agreed talent fee, and the administration costs.
If the client cancels within 24 hours or same day of the job, the client shall owe the entire agreed fee and all additional costs.
Where a booking is made for 2 or more days, the period of notice shall be as long as the booking. If this period of notice is not observed, the client shall owe the entire agreed fee and all additional costs.
ii. The fees above (Article VIII-i) will not be applicable when a cancellation is due to a government-mandated shutdown of all production work, contagious illness (Documented by Physician), or Force Majeure.
ARTICLE IX – Artificial Intelligence (A.I.)
No use of A.I. filming, recording, or end-product adjustments is permitted without the express consent of the talent (including applicable remuneration).
ARTICLE X – TALENT’S MATERIAL
If the hard-copy of a talent’s materials is lost while in possession of the client, the resulting costs shall be entirely borne by the client. The above also applies to the return of the materials in good condition.
ARTICLE XI – USE OF MATERIAL
The client shall not be entitled to use photographs/film or other material of the talent for purposes other than those indicated in the contract or the invoice. The client must notify INC, in writing, concerning any request for alterations of the talent’s materials and/or publication rights to be used differently than the original contract agreement.
ARTICLE XII – USAGE RIGHTS GRANTED AFTER PAYMENT
i. If the INC invoice is not paid in a timely manner (14-35 days from invoicing) INC reserves the right to pull all usage rights from the client.
ARTICLE XIII – PAYMENTS and COLLECTION COSTS
i. Client payments of INC invoices to the bank account of INC must be made within 14-35 days from the date the invoice is sent.
- If the client is delinquent from paying an INC invoice, INC reserves the right to add a penalty fee of 5% of the total to be added every month until the full invoice is paid.
iii. All costs incurred by INC or the talent to enforce their rights and judicial and extrajudicial costs of using the services of a representative, attorney or bailiff or collections agency (incasso) shall be borne by the client. Extrajudicial costs shall be owed by the client without any further reminder or notice of default in all cases in which INC or the party represented by it has had to use the services of a representative, attorney or bailiff to collect its claim or enforce its rights.
iv. The talent shall be paid for his/her work after the client has remunerated its financial obligations to INC.
ARTICLE XIV – TALENT RESPONSIBILITY FOR TAXES
Talents have the responsibility for declaring the payment on their income tax return and shall therefore, themselves, arrange for the payment of the owed taxes and premiums. The talent indemnifies INC against all claims from tax authorities
ARTICLE XV – LIABILITY
i. INC shall not be liable either to the client or to the talent for damages and costs of any kind during a production. The client and the talent indemnify INC against any claim including a claim by or on behalf of third parties.
- If a talent finds themselves unable to complete their contractual obligation due to injury, accident, negligence, etc, the talent is required to inform INC, Producer or external agent (if applicable) immediately.
iii. INC shall not be liable for any damage to the client or third parties, which the talent causes during the job, or which may arise if the talent fails to perform, or performs inadequately.
iv. The inability of the talent to perform contracted services due to force majeure for the talent, shall serve as force majeure for INC.
- INC will inform the client of the above-mentioned circumstances as soon as it becomes aware of the situation from the talent. If talent fails to inform INC or the client of any force majeure, injury, illness, etc, INC is indemnified from the talent’s negligence.
- Talent assumes full responsibility for their own condition on engagement days and days leading up to the contracted performance.
vii. The client and the talent indemnify INC against all claims that an industrial insurance association may wish to enforce regarding an accident/occurrence on set during a contracted performance.
viii. Both the client and the talent are responsible to take care of their own liability insurance policy during the work. The talent also undertakes for themselves to be insured against sickness costs during the work.
ix. The client is liable for all financial damages suffered by the talent and INC that may occur within the timeframe of a booking agreement (i.e. injuries on set, cancellation, production issues, etc)
ARTICLES XVI – FINES
INC reserves the right to take action if the client does not fulfill the provisions described in the preceding articles, with reference to payment and duty of notification. INC is entitled to claim an amount of 2 times the agreed-upon fee for each breach of contract.
ARTICLE XVII – THIRD PARTIES
i. The client is forbidden to make an agreement with a third party concerning the use of any of the above-mentioned conditions regarding a talent, materials, end-product and buyout usage without express written consent from INC and the talent.
- If the provisions in article XVII -i are infringed or breached, the client is fully liable and will owe INC and the talent a direct fine of two times the original invoice .
iii. With reference to the talent and INC, the client should have a clause with the third party in case to prevent that the third party makes use of the material without permission after the order of confirmation with the client has expired. This fine will be five times the agreed-upon invoice amount for every breach and is instantly owed by the third party to the talent and INC.
ARTICLE XVIII – INJURIES / ACCIDENTS
INC shall not be liable to the talent, the client, or third parties for accidents to the talent or for the invalidity (permanent or otherwise) or death of the talent on the way to/from the place of recording and during the recording.
ARTICLE XIX – MEASUREMENTS
INC shall not be liable to the talent, client or third parties for any erroneous information or minor differences in measurements in the talent’s online profile. All INC talents are responsible for keeping their profiles updated and accurate.
ARTICLE XX – APPROACHES to the talent other than through INC.
All contact goes through INC only. Once a client and talent have been put in contact with each other by INC for the purpose of “emergency notification only” on a shoot day, client acknowledges that direct contact with the talent for future jobs, pick-up sessions, re-records, etc is prohibited , and vice versa.
ARTICLE XXI – Applicable law
All disputes arising from or connected with the work done by INC shall be determined in accordance with Dutch law and shall, in the absence of any provision of peremptory to the contrary, be tried exclusively by a competent court in Amsterdam, The Netherlands.
ARTICLE XXII – INTERNET
INC will place a selection of talents’ work on the Internet (the talent permits for this in advance by marking their Privacy Section on their online profile). INC is not obliged to place each talent on the Internet.
Amsterdam, 26 November 2024
The following T&C shall govern the relationship between INC and talent at all times.