MAD DOG CASTING LIMITED: TERMS AND CONDITIONS FOR ARTISTS
The following are the terms and conditions (hereinafter called the “Terms”) between you, as an Artist, and Mad Dog 2020 Limited (Mad Dog 2020), in relation to finding opportunities for you to work as a Supporting Artist for Production Companies. These Terms govern your relationship with Mad Dog 2020 and will apply in respect of each Assignment. By registering with Mad Dog 2020 as your agent (and subsequently upon your acceptance of any Assignment) you are deemed to have accepted these Terms. Mad Dog 2020 may vary these Terms (including the rates payable hereunder) from time to time and you shall be notified separately of any such variations.
1 These Terms
1.1 These Terms set out the entire agreement between Mad Dog 2020 and the Artist. These Terms in no way imply or establish the relationship of an employer and employee, a partnership or joint venture between Mad Dog 2020 and the Artist or the Artist and any Production Company. The Artist hereby confirms that Artist is self-employed and acknowledges that Artist shall be solely responsible for accounting and settling in full any income or other tax liabilities or VAT liabilities on income received and deriving from the Artist’s work as a Supporting Artist.
1.2 For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), in its capacity as Artist’s agent, Mad Dog 2020 acts as an employment agency which seeks to find opportunities for the Artist to work as a Supporting Artist in films, television programmes, commercials and such other productions as may be appropriate.
2 Mad Dog 2020’s Agency Services
2.1 Artist hereby appoints Mad Dog 2020 as the Artist’s agent to represent the Artist and Artist agrees for Mad Dog 2020 to source and negotiate opportunities for Artist as a Supporting Artist for Production Companies.
2.2 The Artist authorises Mad Dog 2020 in its capacity as agent to negotiate and agree pay rates on the Artist’s behalf. If there is any dispute as to payments the Artist irrevocably authorises Mad Dog 2020 to negotiate and agree variations (at its sole discretion) to amounts payable to the Artist.
2.3 The Artist authorises Mad Dog 2020, as the Artist’s agent, to arrange for all payments of fees due to the Artist from the Production Company to be paid to Mad Dog 2020 on the Artist’s behalf.
2.4 In its capacity as agent Mad Dog 2020 will negotiate on the Artist’s behalf all contracts with Production Companies and the terms of such contract shall always be subject to the Artist’s prior written approval. Unless the Artist and Mad Dog 2020 agree otherwise in writing, the Artist’s signature or the signature of authorised persons on the Artist’s behalf will be required for any such agreement and Mad Dog 2020 will not execute or sign any agreement or grant of rights relating to the Works unless expressly directed or authorised by the Artist to sign on behalf of the Artist.
3.1 As the Artist’s agent, Mad Dog 2020 will endeavour to find suitable Assignments for the Artist to perform work as a Supporting Artist on films, television programmes, commercials and such other productions as may be appropriate. Mad Dog 2020 is not obliged to offer an Assignment to the Artist and the Artist shall not be obliged to accept any Assignment offered by Mad Dog 2020.
3.2 The Artist acknowledges that the nature of temporary work as a Supporting Artist means that there may be periods when no suitable work is available. The Artist agrees that suitability of an Assignment shall be determined solely by Mad Dog 2020 in its capacity as agent and that Mad Dog 2020 shall incur no liability to the Artist should it fail to offer any work.
4 Fees and Commission
4.1 In its capacity as Artist’s agent, Mad Dog 2020 shall charge the Artist an annual Registration Fee (currently £61.25 plus VAT for Artists registered to Mad Dog 2020’s London books and £32.50 plus VAT for Artists registered to Mad Dog 2020’s books outside of London, although this may be subject to change) which shall be notified to the Artist separately and shall not be refundable in any circumstances.
4.2 Mad Dog 2020’s Commission rates (currently 15% although this may be subject to change) in its capacity as agent for Artist on Artists’ earnings (in respect of which VAT shall apply) shall be notified to the Artist separately. For more detailed information see https://maddogcasting.com/en/become-artist/pay-rates/
4.3 To the extent that any additional fees or charges apply, these shall be notified to the Artist separately.
4.4 Registration Fees, Commission and any fees or charges referred to at clause 4.3 above shall be deducted from any sums owed by Mad Dog 2020 to the Artist and may be varied by Mad Dog 2020 from time to time.
5 Artist’s obligations
5.1 If the Artist does accept an Assignment negotiated by Mad Dog 2020 in its capacity as agent for the Artist, the Artist shall:
(a) whilst on set (and at all other material times) behave in a professional manner and in accordance with the standards set out in the Mad Dog 2020 handbook and introductory video;
(b) 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;
(c) observe any relevant rules and regulations of the Production Company’s organisation (including call times and hours of work) of which the Artist has been informed or should be reasonably aware;
(d) co-operate with Mad Dog 2020 in the completion and renewal of all mandatory checks, including in relation to the Artist’s right to work in the United Kingdom;
(e) provide Mad Dog 2020 with copies of any relevant qualifications or authorisations including an up-to-date DBS certificate; if within the period between obtaining the Basic Certificates the SA is convicted of an offence under the Sexual Offences Act 2003, the Agent must be informed of this by the SA;
(f) take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Assignment and comply with the health and safety policies of the Production Company;
(g) not engage in any conduct detrimental to the interests of Mad Dog 2020 or the Production Company;
(h) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Assignment and applicable to the Production Company’s business.
5.2 If the Artist is unable for any reason to attend work during the course of an Assignment, they shall inform Mad Dog 2020 immediately. If this is not possible, the Artist should inform the Production Company and Mad Dog 2020 as soon as possible.
5.3 If, either before or during the course of an Assignment, the Artist becomes aware of any reason why they may not be suitable for the Assignment, they shall notify Mad Dog 2020 without delay.
5.4 The Artist shall ensure all information they provide to Mad Dog 2020 is accurate, correct and up to date and shall immediately update Mad Dog 2020 of any material changes in the information provided. The Artist shall respond in a timely manner to any request from Mad Dog 2020 or a Production Company for specific types of information or an update on information previously provided.
6 Payments to the Artist
6.1 Subject to the Artist submitting properly authorised time sheets, chits or completed Artist Payment Vouchers in accordance with clause 7, the Artist shall be entitled to receive the Rate of Pay not later than 10 days from the date on which payment is received from the Production Company. The Rate of Pay will be set out in the relevant Artist Payment Voucher for a particular Assignment.
6.2 The Artist is not entitled to receive payment from Mad Dog 2020 or the Production Company for time not spent working on the Assignment, whether in respect of holidays, illness or absence for any other reason.
7 Time sheets/Chits/Completed Artist Payment Vouchers
7.1 During the course of an Assignment the Artist shall periodically (usually daily) deliver to Mad Dog 2020 completed time sheets, chits or Artist Payment Vouchers (whichever is applicable to the Assignment) indicating the number of hours worked and signed by an authorised representative of the Production Company.
7.2 Where the Artist fails to submit a properly authorised time sheet, chit or Artist Payment Voucher any payment due to the Artist may be delayed while Mad Dog 2020 investigates (in a timely fashion) what hours, if any, were worked by the Artist. The Artist shall not be entitled to any payment for hours not worked.
7.3 The Artist acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, chit or Artist Payment Voucher, for example by claiming payment for hours that were not actually worked.
8.1 Mad Dog 2020, the Production Company or the Artist may terminate any Assignment at any time without prior notice or liability. Where an Assignment or an Artist’s relationship with a Production Company is terminated on the instigation of a Production Company, Mad dog shall endeavour to give the Artist reasons for termination however this shall not always be possible and the Artist shall not be entitled to any such reasons.
8.2 The Artist acknowledges that the continuation of an Assignment is subject to and dependent on the continuation of the agreement entered into between the Artist and the Production Company. If that agreement is terminated for any reason, the Assignment shall cease with immediate effect without liability to the Artist, except for payment for work done up to the date of termination of the Assignment.
8.3 Unless exceptional circumstances apply, the Artist’s failure to inform the Production Company or Mad Dog 2020 of their inability to attend work as required by clause 5.2 will be treated as termination of the Assignment by the Artist.
8.4 If the Artist is absent during the course of an Assignment and the Assignment has not otherwise been terminated, Mad Dog 2020 will be entitled to terminate the Assignment in accordance with clause 8.1 if the work which the Artist was supplied to do is no longer available for any reason (including if a replacement for the Artist has been found).
9 Intellectual property rights and copyright
9.1 The Artist acknowledges that all Intellectual Property Rights deriving from services carried out by the Artist for the Production Company during the Assignment shall belong to the Production Company. Accordingly, the Artist shall execute all such documents and do all such acts as Mad Dog 2020 or the Production Company shall from time to time require in order to give effect to the Production Company’s rights pursuant to this clause 9.
9.2 The copyright in photographs taken by Mad Dog 2020 of the Artist shall be owned exclusively by Mad Dog 2020 and may not be copied by the Artist without written permission.
10.1 In order to protect the confidentiality and trade secrets of Mad Dog 2020 and the Production Company, the Artist agrees not at any time:
(a) whether during or after an Assignment (unless expressly so authorised by the Production Company or Mad Dog 2020 as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Production Company or Mad Dog 2020; or
(b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Production Company or the Artist except when required to do so in the course of the Artist’s duties in respect of an Assignment, in which circumstances such copy abstract or summary would belong to the Production Company or Mad Dog 2020, as appropriate.
11 Data protection
11.1 The Artist consents to Mad Dog 2020 and the Production Company and any other intermediary involved in finding work for the Artist or supplying the services of the Artist to the Production Company to hold and process data relating to the Artist for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998 relating to them including, as appropriate:
(a) information about their physical or mental health or condition to take decisions as to their fitness for work;
(b) their racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation;
(c) information relating to any criminal proceedings in which they have been involved for insurance purposes and to comply with legal requirements and obligations to third parties; and
(d) information relating to their age, race, sex and physical appearance, required to judge their suitability for specific roles.
11.2 The Artist consents to Mad Dog 2020 and the Production Company or any intermediary involved in finding work for the Artist or supplying the Artist’s services to the Production Company making such information available to the Production Company, those who provide products or services to Mad Dog 2020 (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Mad Dog 2020 or any part of its business.
11.3 The Artist consents to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Terms.
12 Warranties and indemnities
12.1 The Artist warrants that:
(a) the information supplied to Mad Dog 2020 in any application documents or from time to time is correct;
(b) the Artist is not prevented by any other agreement, arrangement, restriction (including, without limitation, a restriction in favour of any employment agency, employment business or Production Company) or any other reason, from fulfilling the Artist’s obligations under these Terms; and
(c) the Artist has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this agreement and is not (in relation to such leave) subject to any conditions which may preclude or have an adverse effect on the Assignment.
12.2 The Artist shall indemnify and keep indemnified Mad Dog 2020 and the Production Company against all Demands (including legal and other professional fees and expenses) which Mad Dog 2020 or the Production Company may suffer, sustain, incur, pay or be put to arising from or in connection with:
(a) any failure by the Artist to comply with its obligations under these Terms;
(b) any negligent or fraudulent act or omission by the Artist;
(c) the disclosure by the Artist of any Confidential Information;
(d) any employment-related claim brought by the Artist in connection with the Assignment or otherwise; or
(e) the infringement by the Artist of the Production Company’s Intellectual Property Rights.
12.3 The Artist acknowledges that Mad Dog 2020 shall not be responsible for and shall not be in a position to exert any level of control or influence over the treatment of the Artist (whether by a Production Company, a representative of a Production Company or any other third party) during the course of an Assignment. As such, Mad Dog 2020 shall not be liable to the Artist for any Demand arising as a result of any act or omission by a Production Company, any representative of a Production Company, or any other third party. For the avoidance of doubt, this clause shall not exclude or limit Mad Dog 2020’s liability for its negligence or negligent omission which causes the Artist personal injury or results in death.
13.1 The Artists is self-employed and nothing in these Terms shall render the Artist an employee, worker, agent or partner of Mad Dog 2020 or the Production Companies and the Artist shall not hold themselves out as such. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
13.2 The Artist shall be fully responsible for and shall indemnify Mad Dog 2020 and any Production Company in respect of:
(a) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with payments made hereunder or in respect of any Assignment The Artist shall further indemnify Mad Dog 2020 and any Production Company against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Mad Dog 2020 or any Production Company in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;
(b) any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Artist against Mad Dog 2020 or any Production Company arising out of or in connection with any Assignment.
13.3 Mad Dog 2020 may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Artist.
14 Entire agreement
14.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2 The Artist may from time to time be asked by a Production Company to agree to its terms and conditions. If the Artists does so, the Production Company’s terms shall be supplemental to these Terms which shall continue in full force and effect. To the extent that there is any inconsistency between these Terms and a Production Company’s terms, these Terms shall prevail.
14.3 Notwithstanding Mad Dog 2020’s intention (where possible and appropriate) to apply market pay rates as agreed from time between Production Companies and various actors unions, Mad Dog 2020 is not a party to any union agreement and as such no union agreements shall govern the relationship between Mad Dog 2020 and the Artist.
14.4 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
14.5 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
14.6 Nothing in this clause shall limit or exclude any liability for fraud.
15 Third party rights
15.1 No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
16.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
17 Governing law and jurisdiction
17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Assignment: work as a Supporting Artist for a Production Company, as more particularly described in the relevant Artist Payment Voucher.
Artist: an artist introduced by Mad Dog 2020 in its capacity as Artist’s agent to the Production Company to provide services as a Supporting Artist to the Production Company.
Artist Payment Voucher: written or electronic confirmation of the detail of a particular Assignment to be given to the Artist on acceptance of an Assignment and which in most cases shall be completed to evidence the hours worked by the Artist on an Assignment.
Commission: commission charged by Mad Dog 2020 to Artists on their earnings in respect of Assignments, in accordance with clause 4.2.
Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Production Company or Mad Dog 2020 for the time being confidential to the Production Company or Mad Dog 2020 and trade secrets including, without limitation, technical data and know-how relating to the business of the Production Company or Mad Dog 2020 or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Artist creates, develops, receives or obtains in connection with any Assignment, whether or not such information (if in anything other than oral form) is marked confidential.
DBS: the Disclosure and Barring Service or such other body as may from time to time be responsible for processing criminal records check.
Demand: any action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Production Company: the production company (or such other person, firm, partnership or company) Mad Dog 2020 is engaged by to introduce the Artist for the purposes of fulfilling an Assignment.
Rate of Pay: the rate of pay that will be paid to the Artist in respect of each Assignment and which shall be notified to the Artist separately but shall usually be in accordance with prevailing rates agreed between Production Companies and actors unions from time to time but which may be varied by agreement with the Artist.
Registration Fee: an annual registration fee payable by the Artist to Mad Dog 2020, in accordance with clause 4.1.
Supporting Artist: a background, walk-on or featured actor, extra, artist or any other performer.
18.2 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
18.3 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
18.4 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.