REALCASt
As tempting as it is to just agree please make sure you read this as this is a legal document and you agreeing sets out legally what Fomo Real Cast will do for you and what you legally agree to.
Fomo Models & Creative Ltd and Conditions of Engagement:
Fomo Real Cast Terms and Conditions of Engagement:
Your contract with us
1. Please read the terms and conditions below carefully as together they form the binding contract (referred to as this “contract”) between you (referred to as “you” or “your”) and Fomo Models & Creative Ltd (Company No. 12459436) (referred to as “Fomo Real Cast ” or “we”, “us” or “our”). “Fomo” and “Fomo Real Cast” are trading names owned by Fomo Models and Creative Limited in which all rights are reserved.
2. By submitting your application to be registered for Fomo Real Cast that you agree to be bound by these Terms & Conditions. If there is anything you do not understand in these terms and conditions , please contact us.
3. We may update things from time to time, for example where the requirements of production companies /Brands change, so please check it regularly.
How to apply:
4. You can apply to be included in our Fomo Real Cast by submitting the online application and annual administrative subscription. You must provide complete accurate responses to all the information requested on the application form and include photographs taken no more than 1 month previously (we refer to this information as “your details”).
5. Important: by making an application:
You agree to be bound by these terms and conditions and to comply with instructions given to you either in the guide or otherwise by any member of staff or representative of Fomo Models & Creative Ltd
You agree that you do not have any unspent criminal convictions other than minor driving convictions, including sexual offences under the Sexual Offences Act 2003.
You are not on the sex offenders register and you have never been subject to any disciplinary action or sanction relating to vulnerable groups.
You agree to co-operate with any request from any production company / ‘Brand’ to obtain a DBS / criminal records check.
You agree that either you are not knowingly allergic to any make-up or prosthetics, or you have informed us in writing.
You confirm that there are no material facts which you consider ought to be disclosed and could be pertinent to your engagement, or likely to cause illness injury or damage to yourself or others, or you have informed us in writing of such facts.
You confirm that you are legally entitled to live and work in the UK.
You agree that we may publish your details (including your photographs) in the casting book, include your details on our website and any other materials, and forward your details to any production companies / Brands or any other client of Fomo Models & Creative Ltd (referred to as “production companies/ Brands”) and to contact you with offers of bookings and details of other projects we are casting for, and about other services related to your bookings.
Registration to our Real Casting casting book
6. This application is for Fomo Real Cast only. By applying for Fomo Real Cast you will not be officially registered with Fomo Models & Creative Ltd and you will not hold yourself out as being involved in anything other than Fomo Real Cast.
Once you have submitted your subscription fee and received your approval email you must upload via our website your full name, email address, telephone number, date of birth, nationality. We are unable to offer you any bookings or pay you any fees until we receive this. For bookings outside the UK we will ask separately for proof of the right to work in the relevant country
7. Once all that is approved you will be on The Fomo Real Cast portfolio
8. Important: Once we accept your application, you appoint Fomo Models & Creative to act as your Real Cast agent in finding you bookings as a real cast model , extra, or similar work (referred to as “bookings”) with production companies / brands in accordance with this contract. You are not in any circumstances engaged as an employee or contractor of Fomo Models & Creative Ltd
9. Important: While we will endeavour to find bookings for everyone , we make no guarantee that we will offer you any bookings at any time.
Your details and data privacy
10. You are responsible for the accuracy of all your details you provide to us in your application and for keeping your details up to date. You can contact us at any time to update your details. If we discover that any of your details are materially inaccurate, we reserve the right to remove you from the Fomo Real Cast Portfolio (and, at our discretion to refund admin fees)
11. In particular, you must ensure that all physical descriptions and measurements are accurate and are kept up to date and your photographs accurately represent how you look. If you fail to do so, this may result in your being sent home from a booking unpaid.1
2. You must also ensure that your bank account details are correct and kept up to date as we pay your fees by BACS to this account. We are not responsible for retrieving any payment we make to the latest bank account details you have provided to us.
13. Under the Data Protection Act (1998) and GDPR (2018), we are the data controller of all the details we hold about you. We will use your details only for purposes related to this contract, or as agreed by you or permitted by law, including contacting you with offers of bookings and details of other productions we are casting for, and about other services related to your bookings. We will use appropriate measures to keep your details safe and secure. We will not sell, license or trade your personal information to others. For more information about privacy and data, please read our full privacy statement.
Our fees
14. There is an annual subscription of £99.00 + VAT = £118.00
This fee covers hosting your profile and photos on our website for 12 months, social media, PR and admin costs that help to find you work. As it is an annual subscription this fee will renew automatically every year. You will have an option to cancel this subscription but it must be done before the due date.
15. We DO NOT deduct any commission from fees you receive for bookings which we arrange for you.
Bookings
16. From time to time we may contact you to offer you bookings. We are not obliged to offer you any bookings at any time.
17. You are not obliged to accept any booking offered to you. Once you accept a booking you must keep yourself free for the whole of that day. This applies even where a booking is for only part of a day, for example for a fitting.
18. If for any reason you do become unavailable for a booking you have accepted, you must contact the person at Fomo Models & Creative who booked you for that job as soon as possible. Important: If you fail to turn up for any booking without good reason, we may remove you from the Fomo Real Cast Portfolio.
19. Important: Production companies / ‘Brands’ are entitled to cancel any booking without charge up to 5.30 pm the day before the booking. We will notify you as soon as practicable after we receive notice of cancellation of your booking.
20. Important: When you have accepted a booking if you do not re-confirm your availability to us by email, text or telephone on the day before a booking, before 6pm, we are entitled to replace you without further notice to you. This means that the production / Brand may not allow you on set and you will not be paid.
21. Important: Non-attendance and lateness are very damaging to our professional reputation, so we enforce a strict ‘three strikes’ and you’re out rule.
22.If anyone does not attend two different bookings within a 12 month period then a written warning will be given. If you then fails to attend a third booking in that 12 month period this will result in automatic removal from our books. However, if it’s an unavoidable emergency and you need to drop out of a job it’s important you tell us as soon as possible.
23.In office hours or Out of office hours : You need to call to speak to the person who booked you.
If at any point you think you cannot attend a booking you MUST call the person who booked you on their mobile number to explain. You will find this on your emailed details. In any event, by attending the production location for the engagement you will be deemed to be bound by that production company / brand agreement (as set out in the email from Fomo Models & Creative booking you for that engagement).
24. You must arrive at the production location by the call time you are given. If you are late the production may not allow you on set and you will not be paid.
25. While you are on set (or on any transportation to set provided by the production company) you must:Be professional and courteous at all times.
Not make any film or sound recording or take any photographs;
Comply with any rules and regulations set by the production company / brand ; and follow any instructions given to you.
26. If your behaviour on set (or on any transportation to set provided by the production company) is considered by us or the production company / brand as unacceptable or inappropriate, including your behaviour towards any member of Fomo Models & Creative / Real Cast or any production staff member, or if you misrepresent Fomo Models & Creative / Real Cast in any way, you may be required to leave the set, the production company / Brand may not pay you for the booking, and we reserve the right to remove you from The real Cast portfolio
27. Important: While you are on set (or on any transportation to set provided by the production company) Fomo Models & Creative Ltd is not liable if you are injured (unless it is caused by our negligence) or for any loss of, damage or theft of any of your personal possessions. The production company / Brand is responsible for taking out personal injury insurance to cover you while you are on set.
28. If the production company / Brand asks, you must sign a release form (this permits the production company / Brand to use images, films and recordings of you). The production company may not pay you if you do not sign this form. You also authorise us to sign any release form requested by a production company on your behalf. If you fail to sign a release form on the day, we may sign it on your behalf, to ensure that you get paid. This may be a digital signature.
29. Important: If you have any problems or queries when you are on set, you must contact Fomo Models & Creative and not the production company / Brand . If necessary, we will raise this with the production company/ Brand on your behalf. Of course, if there is any immediate risk to anyone’s health or safety you should immediately raise this with the appropriate person on set.
Confidentiality
30. Important: The work you do on any booking is strictly confidential, and you must not disclose any details to any person. For example:You must not make any film or sound recording or take any photographs while on any set.
You must not contact any journalist, newspaper, magazine or other publication about any production you have worked on.
You must not post any comments or photographs on any website, blog or social network about any production you have worked on (this includes Facebook, Twitter, Instagram, Snapchat, WhatsApp or any other social media platform ).
Production may also ask you to sign their own (NDA) Non-Disclosure agreement, this may be digitally signed.
If you breach this clause we will immediately remove you from Fomo Real Cast.Payments
31. You authorise Fomo Models & Creative to receive all fees from production companies for your bookings, on your behalf. These fees will be deposited into our account.
32. Within 10 working days of our receiving your fees (this is normally six weeks after you have completed the booking, but is sometimes longer depending on the company) We will pay the fees that we have agreed with you directly into your bank account by BACS. We will also email you your remittance. Please note: We only send remittances by email.
33. Fomo Models & Creative Ltd cannot pass payment from a production company / Brand on to you until the production company / Brand has made payment to us. If a production company / Brand fails to pay us, we will chase them for payment on your behalf. You authorise us to issue proceedings against any production company for unpaid fees on your behalf. However, Fomo Models & Creative is not liable to you for any fees which a production company / Brand fails to pay.
Taxes and National Insurance
34. For tax purposes, you are considered self-employed. You are therefore responsible for paying your own income tax and completing your own annual tax return. For more details please contact your local tax office.
35. You are considered self-employed for National Insurance purposes. You will not have a Class 1 National Insurance deduction from your payment and you will receive all payments without National Insurance deductions. You will be responsible for paying any Class 2 National Insurance and where applicable Class 4 National Insurance which will be payable along with your self-assessment income tax. Under no circumstances are you considered an employee of Fomo Models & Creative Ltd.
36: You will be informed by your booker as to the fee details at the time of booking and this information will also be emailed alongside the date , time and location of the job Termination
The annual administrative subscription means that you are part of Fomo Real cast
You may terminate this contract at any time by providing us with 30 days written notice. You or we may terminate this contract at any time by serving written notice on the other, if the other is in material or persistent breach of this contract. In both cases, we will immediately cancel all bookings which were due after termination.
37. On expiry or termination, we will immediately remove you from our Real Cast portfolio. We will continue to pay you any fees paid by production companies which we receive after termination for bookings you attended prior to termination.
38. Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date.General
39. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.
40. We may update the guide which will be available on our website, but without specific notice to you. Otherwise, this contract may be varied by us on 30 days written notice to you.
41. If you or we fail to require the performance of any terms of this contract or you or we waive any breach of this contract, this will not prevent you or we later enforcing such term, nor be deemed a waiver of any subsequent breach of this contract.
42. Should any provision of this contract be declared invalid for any reason, such decision will not affect the validity of any remaining provisions which will remain in force and effect. In those circumstances, we are entitled to replace the invalid provision with a provision of similar or equivalent economic effect, by written notice to you.
43. Nothing in this contract is intended to or shall operate to create a contract of employment, partnership or joint venture of any kind between you and us, or to authorise you to act as our agent. You shall not have authority to act in the name or on behalf of or otherwise bind Fomo Models & Creative Ltd in any way.
44. Whenever under this contract any sum of money is payable by or recoverable from you and due to us, then we may deduct or set-off the amount of such sum from any fees we receive on your behalf, and we will notify you that we have done this.
45. Nothing is this contract confers any rights or benefits on any person or legal entity other than you or us.
46. This contract constitutes the entire agreement and supersedes all previous verbal or written agreements between you and us. Except for the information you provide to us in your application, or otherwise as expressly stated in this contract, neither you nor us have relied upon any statement or representation made by the other in entering into this contract
.47. This contract, all matters regarding the interpretation or enforcement of it, and any other matters or disputes arising in connection with it shall be governed by English law and you and we hereby submit to the exclusive jurisdiction of the English courts.
