|1. By submitting your application to be registered as an artist with Nkuma Casting you agree to be bound by this contract. If there is anything you do not understand in these terms and conditions do not hesitate to ask.2. We may update from time to time as we change. So please check regularly.
3. You can apply by completing the application form with correct information, including two photographs taken recently with a plain white background. Head and shoulder and full body. No nude or impropriety photos will be allowed.
4. You agree to be bound by this contract, and to comply with instructions given to you either in our terms and conditions or otherwise by any member or staff of Nkuma Casting.
5. You confirm that you are legally entitled to work in Republic of South Africa.
6. You agree that we may publish your details (including your photographs) in our Database, including your details on our website and any other materials and forward your details to any production company or any other client of Nkuma Casting for work.
7. You are officially registered with Nkuma Casting when your photos are visible to the public.We reserve the right to refuse your application or remove you from our website for any reason we may fit right to do so. For the avoidance of doubt, if we refuse your application or we remove you from our data this contract will automatically terminate. Registering with Nkuma Casting is once a year for renewals.
8. All registration online is private and confidential and we will not allow the public to view any information including your contact details, ID, tax number or bank details. It is for Nkuma Casting eyes only.
9. We are unable to offer you any bookings or pay you any fees until we receive this.
10. Once we accept your application, you give Nkuma Casting the right to act as your agent in finding you bookings as an extra, background artist, walk-on artist, voice-overs, or other similar work (referred to as “bookings”) with production companies in your jurisdiction. You are not allowed to join other agencies while registered with Nkuma Casting. Or jump from one agency to another.
11. You are not in any circumstances employed as an employee or contractor
12. While we endeavor to find bookings for everyone in our data base, we make no guarantee that we will offer you any bookings at any time.
13. You are responsible for all your details you provide to us in your application and 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 our data.
14. Please 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, and get bookings on inaccurate information or looks otherwise than stated in your registration and photos you might be sent home from a booking unpaid.
15. You must also ensure that your bank account details are correct and kept up to date. We are not responsible for sorting faulty payments we make online according to the latest bank account details you have provided to us.
16. We will not misuse 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.
17. We are not obliged to offer you any bookings at any time and you are not obliged to accept any booking offered to you by us.
18. Once you accept a booking you must keep yourself free for the day to attend the booking even if the booking is only a half day booking and also wardrobe fittings. If for any reason you do become unavailable for a booking you have accepted, you must contact the person 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 our casting database.
19. Production companies are entitled to cancel any booking without charge, one day before the shooting and also in appropriate time where no traveling has been made and/or was needed to make. We will notify you as soon as we have received notice of cancellation of your booking.
20. When you have accepted a booking, if you do not re-confirm your availability to us by email, text on the day before a booking, before 6pm, we are entitled to replace you without further notice to you. This means that the production may not allow you on set and you will not be paid.
21. Your engagement on any booking is subject to a separate release with the production company .
22. All production companies will require you to sign a written release form with them.
23. 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. While you are on set (or on any transportation to set provided by the production company) you must:
24. Once you have signed a release form on set given to you by production (this permits the company to use images, films and recordings of you). The production company may not pay you if you do not sign this form.
25. 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 to ensure that you get paid.
26. If you have any problems or queries when you are on set, you must contact NkumaCasting and not the production company.
27. if there is any immediate risk to anyone’s health or safety you should immediately raise this to the appropriate person on set. It will be handled professionally.
28. The work you do on any booking is strictly confidential, and you are not allowed to:
29. You authorise us to receive all fees from production companies for your bookings, on your behalf. These fees will be deposited into Nkuma Casting’s bank account and:
You will not be paid until we have your bank details and a copy of your ID and your tax number.
30. Any changes to your banking details must be received in writing.
31. Within 10 working days of our receiving your fees (this is normally between six and eight weeks after you have completed the booking, but is sometimes longer depending on the production company) we will deduct Tax and our Commission and then pay the balance of the payment directly into your bank account. If you need to use someone else’s bank account we must have their, and your, signed permission
32. We cannot pass payment from a production company on to you until the production company has made payment to us.
33. If a production company 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.
34. We are not liable to you for any fees which a production company fails to pay.
35. If you receive any fees directly from the production company we as the agent is entitled to invoice you for our commission.
36. On most TV and film productions you will be given a salary voucher (a chit) at the beginning of each filming day. It is your responsibility to keep hold of this, make sure it is signed at the end of each day by an appropriate member of the production company, and return it to the production company. You will receive a copy of your salary voucher which you must keep as proof that you worked that day. The production company may refuse to pay your fees if it does not receive a signed salary voucher at the end of the day and we are entitled to invoice you directly for our commission on the fees you would have been paid. If the production company does not provide you with a salary voucher (chit) it is your responsibility to keep a record of all times and date that you worked and send it to us immediately. If you do not, you may not receive payment for this.
37. Any payment queries can be made on either Wednesday between 10am and 12pm only.
38. Payments from production are usually received on, or around, the 15th, 21st and 30th of each month.
39. We will not deduct any administration fee or registration fee, but we are entitled to change anytime as we think fit.
40. Rates of pay/day vary according to production.
41. Agency Commission at industry standard of 20% on movies, 20% on commercials and 10% as Stand-ins) PAYE (pay as you earn) will also be deducted from your day fee.
42. The commission percentage will be revised each year, this is due to possible higher running projects, but in this case we will notify you as an artiste in writing of the amendment in the commission fee.
43. You need to register for a tax number so production can submit your IRP5 for each production. • PAYE 25% (Legal Requirement) or in accordance with Tax Directive provided. IRP5 is issued at financial year end, and for tax purposes you are considered self-employed. You are therefore responsible completing your own annual tax return. For more details please contact your local SARS office.
44. This contract with Nkuma Casting will automatically expire 12 months from approval date. We may contact you prior to that date regarding renewal.
45. You may terminate this contract at any time by providing us with 30 days written notice. Both may terminate this contract at any time by serving written notice on the other, if the other we or you are in material or persistent breach of this contract. In both cases, we will immediately cancel all bookings which were due after termination.
46. On expiry or termination we will immediately remove you from our database. We will continue to pay you any fees paid by production companies (after deducting our commission) which we receive after termination for bookings you attended prior to termination.
47. Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date.
48. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.
49. We may update our terms and agreements without specific notice to you. You need to check regularly on our website.
50. 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.
51. 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.
52. 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.
53. You shall not have authority to act in the name or on behalf of or otherwise bind Nkuma Casting in any way.
54. 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.
55. Nothing in this contract confers any rights or benefits on any person or legal entity other than you or us.
56. 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.
57. 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 South African law and you and we hereby submit to the exclusive jurisdiction of the South African courts.