Terms and Conditions for Artists, Performers, Contributors and/or Their Representatives

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These Terms and Conditions apply to all artists, performers, contributors, freelancers, talent, and where applicable their parent, guardian, manager, agent, or other representative (together referred to in this agreement as the Artist) who register with, submit materials to, accept castings through, or undertake assignments through Talent Media Matrix, also known as TMM.

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These Terms and Conditions replace any previously issued terms.

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By submitting photographs, videos, showreels, recordings, personal details, measurements, portfolio materials, or any other content or information to TMM by any means whatsoever, and/or by accepting or undertaking any casting, booking, audition, engagement, assignment, or promotional activity through TMM, the Artist confirms that they have read, understood, and accepted these Terms and Conditions.

TMM acts as an employment agency and/or intermediary where applicable and does not guarantee work to any Artist.

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1. Bookings

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1.1

Any assignment, booking, audition, engagement, or other work opportunity introduced or arranged by TMM and accepted by the Artist must be fulfilled through TMM unless TMM gives prior written consent otherwise.

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1.2

Any extension, repeat booking, rebooking, option, renewal, additional usage, derivative work, related engagement, or further work arising directly or indirectly from an original introduction or assignment made by TMM must also be processed through TMM unless TMM agrees otherwise in writing.

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1.3

The Artist shall not directly or indirectly approach, solicit, negotiate with, contract with, or accept work from any client introduced to the Artist by TMM except through TMM unless TMM has given prior written consent.

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1.4

If the Artist breaches this clause, the Artist shall be liable to indemnify TMM for any losses, commission, fees, costs, or other sums reasonably incurred or lost by TMM as a result.

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1.5

TMM does not guarantee that any booking, assignment, or introduction will result in ongoing or future work.

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2. Assignment Contracts

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2.1

TMM may offer assignments to the Artist verbally, electronically, or in writing. Once the Artist accepts an assignment, a binding agreement is created between the relevant parties on the terms communicated at the time of acceptance, subject to any later agreed amendments.

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2.2

TMM will provide assignment details to the Artist to the best of its knowledge. Such details may include, without limitation, date, time, location, duration, role, wardrobe, usage, restrictions, fees, expenses, overtime terms, buyout terms, and any special conditions notified by the client.

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2.3

The Artist is responsible for carefully reviewing all assignment details and must notify TMM immediately of any issue affecting their ability to undertake or complete the assignment.

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2.4

Each assignment is separate and applies only to the specific booking offered. No assignment terms shall automatically apply to any other booking, whether past, current, or future, unless expressly stated.

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2.5

Where a dispute arises after an assignment in relation to performance, usage, fees, attendance, conduct, or delivery, TMM may, at its discretion, negotiate with the client on the Artist's behalf. TMM will seek a fair and reasonable outcome, but does not guarantee any particular result.

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3. Availability and Commitment

3.1

The Artist must keep TMM promptly informed of their availability and any change in circumstances that may affect their ability to attend castings, shoots, rehearsals, performances, fittings, travel, or assignments.

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3.2

Where an assignment has been confirmed, the Artist must not withdraw without giving as much notice as possible and in any event no less than any notice period specified for that booking, unless prevented by illness, emergency, or circumstances beyond their reasonable control.

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3.3

The Artist is responsible for remaining available for the full duration of any assignment they accept, including any reasonably expected preparation, travel, call times, overtime, fittings, rehearsals, or related production requirements notified in advance.

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3.4

If the Artist fails to attend or complete an assignment other than due to genuine illness or other reasonable cause, TMM reserves the right to recover from the Artist any reasonably foreseeable losses, costs, or claims arising from that failure, to the extent permitted by law.

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3.5

TMM may require reasonable evidence of illness or incapacity where an Artist withdraws at short notice for medical reasons.

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4. Payment and Invoicing

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4.1

TMM may invoice the client on the Artist's behalf where applicable and the Artist authorises TMM to collect, receive, hold, and process monies due in connection with assignments arranged through TMM.

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4.2

Unless otherwise agreed in writing, TMM will normally pay the Artist after TMM has received cleared funds from the client and after any required invoice or tax documentation has been provided by the Artist.

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4.3

TMM is not obliged to pay the Artist before receiving payment from the client, unless required by law or expressly agreed in writing.

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4.4

Payment times may vary depending on the client's payment cycle, usage approvals, invoice reconciliation, international transfer times, banking delays, disputes, or other administrative issues.

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4.5

If TMM agrees to make an advance payment to the Artist before receiving payment from the client, TMM may deduct an agreed administration or advance fee and reserves the right to recover any overpayment or unpaid amount from the Artist.

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4.6

The Artist is responsible for their own income tax, National Insurance contributions, VAT, and any other statutory, regulatory, or financial obligations arising from payments made to them, unless the law requires otherwise.

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4.7*

Where the Artist is VAT registered, the Artist must provide a valid VAT invoice and any required registration details promptly in order for VAT to be processed correctly.

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4.8

If the Artist requests TMM to hold funds on their behalf, that request must be confirmed in writing. TMM may provide a written statement of any sums held where appropriate.

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4.9

TMM may make reasonable deductions or adjustments where required in relation to agreed commissions, chargebacks, overpayments, banking fees, currency conversion charges, legal recoveries, or sums owed by the Artist to TMM.

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5. Rates and Fees

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5.1

The Artist will be informed, where reasonably possible in advance, of the proposed fee, rate, or payment structure for an assignment before accepting it.

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5.2

In some cases, rates, usage terms, overtime, expenses, or final buyout sums may be subject to client confirmation, production changes, usage variation, post-production decisions, or negotiated amendments.

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5.3

TMM shall not be liable for any failure by a client to maintain, confirm, or pay a proposed rate unless TMM has expressly guaranteed that rate in writing.

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5.4

The Artist authorises TMM to negotiate fees, usage, extensions, renewals, and reasonable variations with the client on the Artist's behalf in connection with assignments introduced through TMM.

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5.5

Assignments involving international clients or foreign currencies may be affected by exchange rate fluctuations, intermediary bank charges, withholding taxes, transfer fees, or local deductions, and such variations may affect the net amount received by the Artist.

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6. Conduct and Performance

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6.1

The Artist is responsible for:

• attending punctually and being ready to work as required;

• performing the assignment professionally and to the best of their ability;

• complying with the booking details, lawful instructions, and any relevant production, venue, or client requirements;

• bringing or wearing any agreed wardrobe, styling items, props, documents, or accessories required for the assignment;

• behaving respectfully and professionally at all times in connection with TMM bookings.

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6.2

The Artist must not behave in a way that may reasonably bring TMM into disrepute, damage TMM's business relationships, or undermine client confidence.

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6.3

If the Artist materially breaches this clause and such breach causes loss, complaint, cancellation, fee reduction, replacement cost, or reputational damage, TMM may seek recovery of reasonable resulting losses to the extent permitted by law.

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6.4

Where a client raises a complaint about the Artist's conduct, appearance, performance, punctuality, compliance, or suitability, TMM may investigate the matter and discuss it with the client and the Artist.

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7. Cancellations and Changes

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7.1

Assignments may be cancelled, postponed, shortened, extended, or altered by the client or production at short notice.

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7.2

TMM shall not be liable for losses arising from cancellation, postponement, changes to assignment details, reduced hours, altered call times, reduced usage, or non-availability of the client, production, venue, or third parties.

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7.3

Any cancellation fees, kill fees, holding fees, postponement fees, or fees for released dates shall depend on the specific terms agreed for the relevant booking, if any.

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8. Liability

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8.1

To the fullest extent permitted by law, TMM shall not be liable for any loss, damage, injury, expense, delay, missed opportunity, or claim suffered by the Artist arising out of or in connection with any casting, audition, booking, assignment, travel, accommodation, production, venue, client act or omission, or third-party conduct.

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8.2

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited.

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8.3

The Artist is responsible for ensuring that they hold any appropriate insurance, including personal accident insurance, public liability insurance, equipment insurance, travel insurance, or other cover relevant to their work, where appropriate.

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9. Exclusivity and Introductions

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9.1

Where TMM introduces the Artist to a client, that introduction remains a TMM introduction for any work arising directly or indirectly from it for a reasonable period, unless otherwise agreed in writing.

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9.2

If the Artist accepts work directly or indirectly from a client introduced by TMM without processing that engagement through TMM, TMM may charge the Artist an amount equal to the commission, agency fee, or other loss TMM would reasonably have received from that engagement.

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9.3

Where a separate exclusivity arrangement applies, this must be set out expressly in writing.

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10. Promotional Materials and Publicity

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10.1

TMM may, at its discretion, invite the Artist to participate in promotional, editorial, branding, social media, website, digital portfolio, pitch, marketing, or agency profile activity connected with TMM.

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10.2

The Artist authorises TMM to use, reproduce, publish, distribute, crop, edit, reformat, transmit, and display photographs, videos, showreels, audio, biographies, measurements, credits, and other submitted materials for TMM's business, marketing, promotional, portfolio, and administrative purposes.

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10.3

Unless otherwise agreed in writing, the Artist will not be charged by TMM for basic inclusion in TMM promotional materials.

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10.4

The Artist confirms that any material supplied to TMM is supplied with the necessary consent and permissions for such use.

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11. Image Rights, Materials and Permissions

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11.1

The Artist warrants that all photographs, videos, recordings, showreels, written profiles, biographical details, measurements, and other content provided to TMM are accurate, lawful, non-defamatory, and supplied with all necessary permissions and consents.

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11.2

The Artist grants TMM a non-exclusive, worldwide, royalty-free licence to store, copy, reproduce, adapt, publish, distribute, and communicate such materials for agency, promotional, administrative, and booking purposes for the duration of the Artist's relationship with TMM and for a reasonable period afterward in connection with historic bookings and archive use.

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11.3

If the Artist supplies material belonging to a photographer, production company, brand, parent, guardian, or any third party, the Artist is responsible for ensuring that TMM has the right to use that material for the purposes contemplated by these Terms and Conditions.

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11.4

TMM shall not be responsible for losses arising from inaccurate information, false representation, or unauthorised submission of materials by the Artist or their representative.

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12. Records and Booking Information

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12.1

TMM may keep records of bookings, contracts, correspondence, rates, invoices, payments, usage terms, and related materials in electronic and/or physical form.

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12.2

The Artist may request reasonable access to information relating to their bookings, subject to data protection law, confidentiality obligations, and administrative practicality.

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12.3

TMM may rely on its own records, booking confirmations, call sheets, emails, messages, and other contemporaneous documents as evidence of assignment details.

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13. Termination of Representation

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13.1

TMM may suspend, restrict, or terminate the Artist's representation, registration, or listing at any time where there is a legitimate business reason, including but not limited to misconduct, unreliability, reputational risk, breach of these Terms and Conditions, non-responsiveness, or client complaint.

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13.2

The Artist may terminate their relationship with TMM by giving written notice.

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13.3

Termination shall not affect any rights, obligations, commissions, payments, liabilities, restrictions, licences, or booking commitments arising before termination.

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13.4

The Artist must fulfil all accepted assignments and obligations unless otherwise agreed in writing by TMM.

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14. Provisional Bookings and Holds

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14.1

Where the Artist is placed on hold, pencilled, or provisionally booked, the Artist must keep TMM informed of any change in availability immediately.

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14.2

If the Artist becomes unavailable while on hold or provisional booking and fails to notify TMM promptly, the Artist may be liable for any resulting reasonable loss suffered by TMM.

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14.3

A provisional booking does not guarantee confirmation unless and until confirmed by the client or TMM.

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15. Castings, Auditions and Self-Tapes

 

15.1

 

Where TMM arranges or introduces a casting, audition, recall, interview, self-tape request, screen test, or similar opportunity, the Artist must deal with that opportunity through TMM unless otherwise authorised in writing.

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15.2

The Artist must attend or submit materials as agreed, on time and in the requested format, unless prevented by reasonable cause.

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15.3

If work arises from a casting or audition arranged through TMM, that work must be processed through TMM unless TMM agrees otherwise in writing.

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16. Complaints, Grievances and Disputes

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16.1

Clients may raise concerns or complaints with TMM regarding an Artist's conduct, performance, attendance, suitability, or compliance in relation to an assignment.

 

16.2

Where a complaint affects the fee, usage, continuation of work, or future bookings, TMM may discuss the matter with the client and the Artist and may seek to negotiate a resolution.

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16.3

If legal action or formal recovery action is taken against a non-paying client in relation to an assignment, TMM may, where lawful and reasonable, apportion unrecovered costs or legal expenses between TMM and the affected Artist in proportion to the respective sums at stake, provided this is fair, documented, and not contrary to law.

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17. Self-Employment Status

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17.1

Unless otherwise required by law or expressly agreed in writing, the Artist is engaged on a self-employed freelance basis.

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17.2

Nothing in these Terms and Conditions creates an employment relationship, worker relationship, partnership, or joint venture between TMM and the Artist, except where statute provides otherwise.

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17.3

The Artist is responsible for ensuring that they are legally entitled to work, perform, freelance, and provide services in the relevant jurisdiction, and for obtaining any necessary permits, licences, visas, consents, chaperones, or guardian approvals where applicable.

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18. Data Protection and Communications

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18.1

The Artist agrees that TMM may collect, store, use, and process personal data, images, measurements, contact details, payment details, work history, and related information for agency administration, bookings, compliance, marketing, and business operations in accordance with applicable data protection law.

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18.2

The Artist must ensure that all personal details provided to TMM are accurate and kept up to date.

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18.3

TMM may contact the Artist by email, telephone, text message, messaging apps, or other reasonable means in connection with castings, bookings, administration, and representation.

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19. General

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19.1

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.

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19.2

Any failure or delay by TMM in enforcing any provision shall not amount to a waiver of its rights.

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19.3

TMM may update these Terms and Conditions from time to time. Updated terms shall apply from the date they are published or otherwise notified to the Artist.

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19.4

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have jurisdiction, unless mandatory law requires otherwise.

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20. Acceptance of Terms

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By registering with TMM, submitting materials to TMM, accepting a casting, attending an audition, undertaking an assignment, or otherwise engaging with TMM in connection with representation or work opportunities, the Artist confirms acceptance of these Terms and Conditions.