Declaration of rights and Responsibilities
Alberto Vasquez Leon Charaktercast
Hamburger Allee 45 (Hinterhaus), 60486 Frankfurt a M.
T: +49 69 24445665 +49 157 73739001
E-Mail: info@charaktercast.com
Ust.-Id Nr.: DE 284112605
Geschäftsführer: Alberto Vasquez Leon
This Statement of Rights and Responsibilities aims to clarify the conditions of service that govern our relationship with users and with all those who interact with Charaktercast, If you use Charaktercast Services or access them, you show your compliance with this statement in its entirety extension. Also this statement that is updated periodically to adjust to new changes.
Privacy
Your privacy is very important for us, so we will not share information with third parties outside of promoting your portfolio in order to promote your image and in any case to companies and people of our full confidence.
You can use our site without the disclosure of the identity when you register with us to access the online portfolio the information will be stored in the user profile corresponding to the username and password.
Your access will not be monitored more than for statistical analysis. The stored data can be IP address, date, time and pages visited. In no case is a personal use made or in order to sell your browsing habits to third parties.
Shared content and information
You are the owner of all content and information you submit to Charaktercast
In the case of content protected by intellectual property rights, such as photos and videos, you specifically grant us the following permission, grant us a non-exclusive, non-transferable, royalty-free license to promote you as part of a Charaktercast portfolio on the web Charaktercast.com
However you will retain the rights to the images and videos and you may withdraw your information at any time by sending a request to info@charaktercast.com in that case your information will cease to be available on the web for our clients and will be removed from the database .
Charaktercast.com contains links to other web sites however we can not, nor do we have influence over other websites, nor can we guarantee that they will comply with the rights of intellectual property protection and image therefore if you feel that they infringe your rights on an image you must go to Them and notify us in order to support your claim.
If you have the rights to any image that is present in Charaktercast in our name or one of our members and you want to claim the use, you should go to info@charactercast.com in order to resolve the dispute in a friendly way.
Account registration and security
Charactercast users must provide their names and actual data. Here are some of the commitments you accept regarding the registration and maintenance of your account security:
You will not use Charaktercast if you are under 18 years old.
You will not share your password, you will not let someone else access your account, nor do anything that could jeopardize the security of your account.
If you select a user name or trademark-like identifier for your account, we reserve the right to remove or claim it if we deem it appropriate.
Protection of the rights of others
We respect the rights of others and we expect you to do the same.
We may remove any content or information you submit to Charaktercast if we believe that you are infringing this statement or receive a third party claim about the image rights.
If we remove your content because of an infringement of another person's copyright and you believe that we made a mistake, you will be able to appeal the decision.
If you repeatedly infringe other people's intellectual property rights, we will disable your account at our discretion.
You will not use our copyrights, our trademarks, or any trademark similar to ours if you do not receive prior written consent from Charaktercast.
Termination
If you violate the essence or spirit of this statement, you create risks of any kind for Charaktercast or expose us to potential legal liabilities, we may prevent you from accessing Charaktercast in whole or in part, but we hope that you will never get there.
Disputes
You will resolve any claim, cause of action or dispute that you have with us, derived from this Statement or related thereto, exclusively in the state of Germany and you agree to submit to the personal jurisdiction of said courts for the purpose of litigating any claim.
If someone files a claim against us relating to your actions, your content or your information on Charaktercast, you will release us from liability for all possible damages, losses and expenses of any kind (including costs and reasonable court fees) related to said claim .
We waive to us and our directors, employees and agents any claims or damages, known or unknown, derived from any claim that you have filed against third parties or in any way related to the intellectual property rights of the image.
Security.
We make every effort to ensure that Charaktercast is a safe place and that your information remains as safe as possible, however we can not guarantee it completely. We need your help to make it so, which implies the following commitments on your part:
You will not request login information or access an account belonging to another user.
You will not perform any action that could affect the proper functioning of Charaktercast or its appearance, such as a denial of service attack or the alteration of the presentation of pages belonging to Charaktercast.
If you receive a password and user as part of the service to access the private web portfolio, you must not share your password or user with third parties and you must do everything possible to keep this information safe.
Terms and Conditions
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1. General:
The People and Model Agency Charaktercast and its employees, Hamburger Allee 45, 60486 Frankfurt am Main, hereinafter referred to as agency, place, actors, models, and presenters, hereinafter referred to as performer.
The agency negotiates and gives orders and declarations for and on behalf of the performer. The agency is the general contractor of the client, hereinafter referred to as client. A client is defined as an organization or person who books with the agency, as far as this is not explicitly agreed on otherwise in writing at time of booking. Normal business days and hours are Monday through Friday between the hours of 0800 to 2000 local German time. (CET)
The client accepts not to deviate from these terms and conditions and not to meet or attempt agreements with the performer without the consent of the agency.
For these general terms and conditions and the entire legal relationship between the agency and the client gives the right of the Federal Republic of Germany, excluding the CISG.
For every successful job placement the agency will charge a commission to the client (company) (see § 2) as well as an agency fee to the talent/model (see § 5).
2 Commissions and Permissions:
The customer owes the agency a commission of 20% of the agreed fee, incl. usage rights (buyout) or the cancellation fee and commission for subsequent bookings, excl. of VAT, and KSK (Künstlersozialkasse), if applicable. Any liability of the agency from the mediated legal relationship is excluded. Claims against the actor can not be set off against the entitlement to commission the agency or as a right of retention.
The performer may be employed only as in writing beforehand defined conditions by the client. The recordings may only be used in accordance with the written terms defined in the usage contract (buyout). It is prohibited to book the performer bypassing the Agency without written consent. All agreements are made in writing with the agency. Verbal agreements or understandings with the performer shall be binding on either the performer or for the agency.
3 Booking Agreements:
Options schedules are binding reservations. The client is informed of the rank of the options. The performer has binding to keep the option available.
Confirmed bookings are binding for all parties. They are confirmed in writing by the agency, stating the details of the reservation (including labor fees, buyout, travel expenses)
A confirmed booking may be canceled with prior notice in writing. Written notice must be received at least 5 (five) working days before the start of work to be done. A cancellation is possible when carrying out the confirmed booking is not possible. This needs to be communicated to the agency timely (at least 5 (five days) in advance and in writing.
Failure to notify the Agency in a timely manner will result in a percentage of the agreed upon fee and commissions invoiced by the agency as follows: Between five (5) days and 48 hours prior to the appointment 50% (percent) of the agreed fee and the agency commission is invoiced. Between 48 hours and the time of the booking the full agreed fee plus the agency commission will be due and invoiced per the written contractual agreement.
In the case of disease-related failure of the actor, or for other reasons that make it impossible to carry out the booking, the agency is obliged to find an adequate replacement.
Weather cancellations must be expressly designated by the customer as such.
A weather related booking may be cancelled free of charge if it cancelled one (1) working day before the booking date and the actor lives near the location (up to 100km).
If canceled on the booking date, agency commission will be 100% of the fees (excluding buyout), plus invoiced. If canceled 24 hours in advance the fees would be 50% invoiced plus the agency commission.
The performer is not responsible for hairstyling, styling and make-up
The customer is responsible for supplying the performer with food and beverages (taking into account special dietary needs), as long as the performer performs services for the customer.
4 Working Hours
A regular workday consists of 8 hours with a 1 hour break.
A regular half-day of work consist of 4 hours with a half hour break.
The normal working hours are from 0800 to 2000 Monday through Friday. Days and hours outside regular working days and hours must be arranged in advance.
Work begins when cast members have arrived. Waiting times, styling, preparation are counted as working hours. Unless otherwise agreed, overtime with 15% of the agreed daily fee will be charged per hour.
The joint arrival and departure of cast and customer between hotel and place of work (Location) count as working hours.
If an evening arrival is necessary for location on account of distance, the travel time spent by the performer with the arrival to the location of customers is calculated and invoiced at time and a half rate. The client only will only play travel expenses and travel time costs for locations more than 20km away from the location of accommodation (hotel or residence of the actor)
5 Remuneration
The performer fee includes the daily fee, plus utilization rights (buyout), travel expenses, if applicable KSK and VAT net of agency commission. For the mediation of the project we claim 20% commission of the performer that we (excl. 19% sales tax only on the commission) invoice to the total fee, after completion of the project to the customer.
Half-day bookings are valid only for performers resident at place of work (distance up to 100 km) and 60% of the daily fee, plus Buyout, KSK (if applicable) and incurred VAT, minus agency commission.
6 Terms of Payment
The payment of the fee, buyouts, KSK (if applicable), travel expenses, VAT, are net due and payable within the period specified on the invoice to the agency.
There is no right to publication, before payment of the invoice is completed by the customer
7 Complaints and Liability
In case of delayed arrival of the actor on set, the actor will be required to work the hours that were delayed. If this is not possible due to special circumstances, the performer’s fees will be prorated accordingly.
In high-risk shooting situations, the client must inform the agency before booking, and will be responsible to obtain an insurance policy. If the customer has not informed the agency of any high-risk shooting situations in advance, the performer is entitled to refuse filming and include the appropriate cancellation fees (100% of the daily salary, with no buyout).
The general statutory provisions govern further claims. The liability of the actor is restricted from any legal reason to twice the total fee, except in case of intent and gross negligence.
8 Usage Rights / Buyout
The usage rights / buyouts are considered on a case-by-case basis between the client (product, use and temporary application) and agency which are agreed upon and confirmed in writing. Without the written agreement of specific usage it will be considered unlawful to use in any way not authorized by the agency
9 Exclusivity
The performer is provided to the client by the agency on a non-exclusive basis. The actor has the freedom to provide similar and / or competing services for a competing product or brand of customers.
If an image or a performance by a performer is required in connection with a product on an exclusive or semi-exclusive basis and thus the provision of services or the authorization to use the pictures of the cast of competitors, a particular product line or within a certain territory will be prevented, and an additional cost will be assessed.
It is the responsibility of the client to investigate and research if the performer has performed for or was booked for conflicting or competition orders.
The agency may, as a non-exclusive agent, not guarantee that the performer has performed no contrary works (or has been booked for other jobs).
