The information on this site may not be published, rewritten or rereleased in any format whatsoever unless with Casting Studio’s prior written consent. Use of Castingstudio.com implies that visitors to the Casting Studio website tacitly agree with the following terms and condition of use.
Intellectual property rights
The user explicitly acknowledges that the provided information and data are and remain the property of Casting Studio and its information suppliers and undertakes not to make any changes.
The whole or partial presentation, reproduction, distribution, sale, division, publication, adaptation and use for commercial goals in any way whatsoever of Casting Studio and its content is prohibited without the prior written consent of Casting Studio, Alpacastraat 29, 9000 Gent or via legal@castingstudio.com. It is also prohibited to save or use this information electronically for illegal purposes.
Saving Casting Studio information in a database is not authorised, with the exception of the automatic ‘caching’ of the information by the browser.
Liability
Casting Studio and its information suppliers cannot be held liable for any malfunctions, interruptions or mistakes in the electronic publication of Casting Studio and related information providers.
Malfunctions, interruptions or mistakes in the electronic delivery can in no case whatsoever give rise to any financial damages.
The provided information is based on the information provided by third parties and detailed analysis. Therefore, Casting Studio and its information providers do not guarantee the correctness, completeness or suitability of the information, whatever the use may be.
Casting Studio is not liable for any decision or action whatsoever by the user based on the provided information or data; nor is it responsible for errors or mistakes. Casting Studio is not liable either vis-à-vis the user or third parties for any suffered direct, indirect, incidental damage, loss of profit, loss of opportunity or any other damage caused by its negligence or forgetfulness in the providing, compiling, assembling, writing, interpreting, reporting and disseminating of information or data through this service, even if Casting Studio had been warned about this.
Casting Studio or a related service may have added a link to a website that may be interesting for the user. This link is purely informative and Casting Studio is not liable for the content or the use that is made of this link.
If a provision of these (registration) conditions cannot be enforced or conflicts with a mandatory provision this lack of enforceability or invalidity shall not effect the validity and enforceability of the other provisions.
Privacy regulations
- Scope
These regulations apply to the Casting Studio website and all Internet initiatives of Casting Studio and its subsidiaries.
Gathering of information
- In case of registration, purchases and actions
Casting Studio gathers personal information in the context of the registration on the website or the subscription to possible commercial actions. Information that is provided during the registration procedure and following the participation in certain actions shall not be used by Casting Studio or its subsidiaries for marketing purposes, nor shall it be shared with contractually connected parties. - In case certain services are used
Casting Studio saves information in its databases that is required to offer certain unique services such as ‘My Selection’.
This information is saved to guarantee the smooth operation of the service. This means ‘My Selection’ is only possible in so far you enter the information in our databases. This information may also be used to improve the services following analyses and to offer more personalised services. - login-files
And finally, information is gathered in log files. Casting Studio may use this information for internal purposes such as a traffic and profile analysis and in this way bring Casting Studio’s service offer more in line with the needs of users.
Right to view and correct information
Each person who is able to prove his/her identity by logging in to his/her online account is entitled to access his/her personal details and correct them.
Use of cookies
Casting Studio uses ‘cookies’, i.e. small pieces of information that are saved on the user’s hard disk to simplify use of the website. E.g. cookies are used to prevent you from having to log in every time for personalised services by entering your user name and password. The use of cookies is generally accepted by users; most major websites use them. If you disable the use of cookies in your browser, we cannot guarantee the correct operation of Casting Studio.
GENERAL CONDITIONS
These general conditions cancel and replace those prior.
1. Applicable Conditions
By the simple act of booking a model, the client accepts the Agency’s conditions and agrees that the Agency ‘s prevail over any conflicting conditions he or she might have.
2. Mandate
The Agency acts on behalf of the model in negotiating and mediating with all clients in accordance with professional customs and customary rates in this matter. This covers both assignments and the concession of rights for use and reproduction of work featuring the model. The relative fees for model assignments are invoiced by the Agency in its capacity as an independent intermediary on behalf of the model by virtue of the agreed contractual delegation of this responsibility by the model to the Agency. All payment by the client will only be valid if done so through the Agency and thus releases the client vis-à-vis the model.
3. Independent statue and responsibilities
Models are not bound by an employee labour contract and do not pursue payment or work under the authority of the Agency or the client. Under no circumstance will the Agency be held responsible for misdeeds committed by the model or any other beneficiary of his or her services. This is also the case if, independent of the Agency’s power or will, an assignment cannot take place in the manner desired or on the appropriate date. The Agency will not be held responsible if an assignment must be cancelled or postponed by virtue of the Child Labour Law (M.B. 28.08.92). The client and/or the parents have neither right of action against the Agency nor the right to be compensated for damages arising from judicial cases due to breach of the Child Labour Law. The client expressly acknowledges having informed himself or herself of said law and assumes full responsibility.
4. Booking
a. A booking will only be accepted by the Agency with the client’s agreement to these conditions, at least 24 hours before the beginning of the assignment. Confirmation of the booking will be sent to the client, signed off on by the latter.
b. All options will be considered cancelled if not confirmed at least 48 hours before the assignment.
c. If the client cancels the booking more than 2 business days before the day of the assignment, a cancellation fee will not be assessed. Otherwise, the Agency will charge 50% of the sum that would have been charged for the assignment.
d. Cancellations due to bad weather cannot be accepted for models travelling from abroad, outside of a Category, or booked by an intermediary of a foreign agency.
e. Saturdays, Sundays and Belgian legal holidays are not counted in the period prior to a cancellation ; only business days are counted.
5. Claims
a. The client agrees to responsibility for performances and shoots completely and will legibly sign the model’s “voucher” at the end of each assignment. No dispute can be taken following the signing of the “voucher”.
b. All claims concerning the model must be transmitted to the Agency by fax or by e-mail (in the absence of telephoning) in within the first hour after the assignment.
c. The client who chooses a model represented by a foreign agency or a model outside of a Category assumes the risks and perils with no recourse against the Agency.
d. Invoices issued by the Agency are without exception assumed to be accepted by the recipient if the recipient fails to contest the invoice by registered mail within 10 days after the date on the invoice.
6. Exclusivity
a. A price is suitable for the Agency when the use of the image excludes the possibility of any use by or for another business or company. This particular clause must be the object of an expressed and specific contract with the Agency.
b. It is the responsibility of the client to verify the booking if the model’s image has already been used by or for another company.
7. The non-performance exception
Non-performance by a client of obligations stemming from an order releases the model and the Agency from their contractual obligations.
8. Payment, appearances and the concession of rights
a. Rates for appearances of images/performances and rights for reproduction and use are defined by the Agency and, except in the case of expressed derogation by the Agency, cannot be dismissed in favour of the “suggested rates indicated by ABAM” (the Belgian Association of Model Agencys). These rates do not include VAT (which must be added to the total) and are charged with the client’s knowledge and are in keeping with the customs of the profession.
b. Concessions for the rights of use of an image are always restrictive in interpretation, notably as to the existence and length of the concession, the base and the extent of the authorised use and the beneficiary of the concession. The right to an image of the model cannot purely and simply be ceded to the client.
c. The media plan must be communicated by the client to the Agency before the final booking in order to calculate the rights. The client will request authorisation from the Agency prior to any use of an image on a specified base.
d. Concessions of rights that are the object of an invoice can only be used by the client indicated on the invoice.
e. If there are several clients for on shooting session, the rate will be charged to each client starting at the first hour.
f. As a rule, the length of a concession of rights to an image for a determined base shall not exceed a year. On expiration of that year, all concession of rights of reproduction authorised by the Agency to the client will be calculated at a 10% increase over the initial invoice(s). For following years, an annual increase of 10% of the preceding year’s total will be charged.
g. All use and reproduction of images by unauthorised third parties, notably image banks or unauthorised internet servers, is strictly forbidden.
h. Pricelists, order forms and invoicing are all in euros.
9. Unauthorised use
Indemnisation is fixed at 200% of the rights that should have been paid and will be charged at a minimum of €125 per image.
10. Payment outside of the Agency headquarters’ zone
a. In Belgium, the model will be paid a minimum base of 2 hours pay for any work outside the Agency headquarters’ zone.
b. Outside of Belgium, the model will be paid a minimum base of 4 hours’ pay (1/2 day).
c. In addition, the client will be responsible for fees incurred for the model’s travel to and from the assignment and accommodation (the former at a minimum of €.30 per km from Agency headquarters to the location of the shoot). Meals for the model will also be the financial responsibility of the client.
d. Days travelling to the shoot’s location will be charged at 50% of the model’s day rate.
e. The Agency will charge an additional 5O% of the hourly rate for the following: fittings, rehearsals, hairdressing sessions.
f. The Agency will charge an additional 100% of the minimum half-day rate for nude and semi-nude work.
11. Payment
All invoices are to be paid in full to the agency’s headquarters with no discount. Payment by bill of exchange is unacceptable unless otherwise agreed to beforehand. Acceptance of bills of exchange carry neither derogation nor novation.
12. Payment default
All overdue, unpaid invoices will incur conventional interest at 1% per month from the date of the invoice to the eventual payment. Formal notice will not be required. In addition, damages will be assessed without the requirement of formal notice and without prejudice at 15% of the sum with a minimum of €90.
13. Belgian law will be solely applicable, irrespective of the model’s nationality. Legal disputes will be handled only in Belgian courts. If the litigation must be deferred to cantonal jurisdiction, only the Justice of the Peace of Ghent will be called on to preside. In keeping with the Hague Convention regarding applicable law of intermediary contracts, even in cases involving foreign work and/or payment, both parties have agreed that Belgian law will be applied exclusive of all others.
Amendment and notification of this privacy policy
Casting Studio retains the right to amend these privacy regulations at all times, provided that users have been notified of this on the website or by e-mail. The privacy regulations are available on https://www.castingstudio.com/terms-conditions.
