Extras

SCREENSEARCH (UK) LIMITED

SCREENSEARCH EXTRAS AGENCY

STANDARD TERMS AND CONDITIONS FOR EXTRAS

1. Screensearch (UK) Limited t/a Screensearch Extras Agency ("the Agency") will on completion by the background extra ("the Extra") on submission of the Agency's application form and on the payment of the sums specified in the application form undertake the recording of audio visual footage of the Extra, cut and edit same and include same together with the details on the application form onto the database set up by the Agency (the "Database").
2. The Agency shall use all reasonable endeavours to ensure that the Database will be accessed only by members of the audio visual production and entertainment and media industries with a view to the Agency supplying the services of the Extra for audio or audio visual performances in those industries.
3. In return for this the Extra grants to the Agency all necessary performer consents including consent under Part II of the Copyright Designs and Patents Act 1988 (and all revisions, amendments and replacements thereof ) and otherwise (the Extra's signature on the application form being deemed to be his/her written consent for this purpose) to enable the Agency to distribute the Extra's entry on the Database for the purposes above in all media now known and hereafter to be invented throughout the world to enable the Agency to maximise the opportunities to obtain work for the Extra.
4. The Extra undertakes when working for production companies as far as possible to comply with the punctuality and other reasonable requirements of the production company and to conduct themselves in a proper and professional manner.
5. If the Agency obtains any complaints in relation to the work of the Extra whether arising out of failure to turn up, punctuality, conduct or otherwise the Agency will notify the Extra of these complaints. The Extra will be given not less than seven days to reply in writing to such complaints. The Agency shall use all reasonable endeavours to enquire into complaints and give the Extra and the Production Company concerned the opportunity to comment on the complaints. Having heard all parties involved in relation to the complaint the Agency shall be entitled to decide to remove the Extra from the Database and the Agency's decision shall be final. No refund of any fees paid will be made in that event.
6. The Agency will keep the Extra's entry on the Database for a period of one year. If the Extra does not obtain work to the value or in excess of £65.00 for the first year, the Extra's entry will remain on the Database for a further period of one year only, without the payment of any subscription fee in respect of that year. If the Extra obtains work in the second year and earns an amount equal to or in excess of the amount of the subscription for that year, the Agency shall be entitled to deduct the subscription for that second year from the money due by it to the Extra.
7. In respect of an Extra who obtains work in the first or, if applicable, the second year the Agency shall notify the Extra at least four weeks prior to the expiry of the said year or that the annual subscription for the forthcoming year is due. If the subscription is not paid by the renewal date then the Agency will again notify the Extra in writing that the annual subscription has not been paid and if it is not paid within 21 days the Agency shall be entitled to remove the entry from the Database and shall have no further obligation to the Extra. In the event that the entry of an Extra is deleted from the Database, the Agency cannot be responsible for the fact that the entry may have been downloaded by users and thereby still remains in existence.
8. Offers of work to the Extra will be communicated to the Extra by the Agency. The Agency will invoice the production company using the services of the Extra. Provided that the Agency is paid by the production company the Agency will, after deduction of PAYE/NI (if appropriate) and agency commission of currently 12.5% (or as agreed on the application form or as notified to the Extra from time to time) plus VAT at the appropriate rates, pay the Extra the net amount actually received by the Agency for the services of the Extra from the production company. Where the Extra has joined under any "low start" scheme and indicated such on the appropriate application form, the Agency shall be entitled to deduct the registration fee from any amounts owed to the Extra until the fee has been paid. The Agency undertakes to remit payment less the appropriate deductions as above to the Extra within ten days of receipt by the Agency of the amount charged to the production company. Payments will normally be made direct to the bank account of the Extra and where the Extra has been asked for and does not provide bank account details or requests payment by cheque, the Agency will be entitled to charge the Extra £5 (inc VAT) for each cheque issued.
9. The Agency undertakes to use all reasonable endeavours to promote the Database. However, the Agency cannot guarantee the number of times that the entry will be reviewed by users nor the amount of work the Extra may obtain as a result of the entry on the Database. Screensearch will endeavour to obtain any necessary licences as required from time to time in relation to anyone under the age of 16, but this does not guarantee that the individual will obtain any work. No refund will be payable in the event that a licence cannot be obtained for whatever reason.
10. The Extra warrants that he/she will be reasonably available to provide the services to production companies envisaged hereunder. If the Extra is not available having been requested to provide his/her services more than four times in any one year, the Agency reserves the right to remove the Extra's entry from the Database.
11. IT Productions Limited t/a Screensearch Productions is an associate company of Screensearch (UK) Limited and acts as agent for Screensearch (UK) Ltd in the compilation and administration of the database.
12. The Agency and the Extra acknowledge that no partnership has been created by the arrangements set up by the Agency in respect of the Database and that the Agency may assign the benefits of and obligations under this agreement to a third party. These standard terms and conditions shall be governed and construed in accordance with the laws of England. These terms & conditions supersede all previous revisions.

Rev5.1199

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