Terms and Conditions
These terms of use will govern your access to, and use of, this website including products offered. Your continued use of this site will indicate your acceptance of the latest versions of these terms.
We may vary the terms from time to time, so you should check the site regularly to make sure you are aware of the latest version.
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://casting-kl.com/ website (the “service”) operated by „Unicorn Casting“ (“us”, “we”, or “our”).
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service.
By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the service.
We own or control all trade marks, copyright, database rights, and other intellectual property rights in material contained in, or referred to, on this website. The use of any of the information, artwork, photographs, music, interviews, videos or other materials contained on this site must be solely and entirely for private use. Any and all other uses are strictly prohibited without our express written consent. You must not modify, vary, obscure or delete any copyright or other proprietary notice from any copies that are so made.
Disclaimer
While we have taken all reasonable care in the creation, selection and assembly of website content, all such content (including any third party information, products or materials) is provided ‘AS IS’ and subject to change at any time without notice to you. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied and statutory) in respect of the information, products and other content (including third party information, products and content) included in or accessible from this website.
casting-kl.com shall have absolutely no liability for damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available on the casting-kl.com website.
casting-kl.com shall have no liability for:
Any loss or injury caused, in whole or in part, by its actions, omissions or negligence or for contingencies beyond its control, in procuring, compiling or delivering the information or
Any errors, omissions or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the information.
We cannot and do not accept any responsibility for content on any website that is not administered by us.
Please note that all calls are recorded for training purposes and quality assurance.
To the fullest extent permitted at law, no liability is accepted for any direct, indirect or consequential loss or damage, including lost data, business opportunity or profits, whether in an action in contract, negligence or otherwise resulting from the access to and use of this website or the information and materials contained on it.
This legal statement and the disclaimers and exclusions contained in it are governed by and construed in accordance with German Law. Any disputes shall be referred to the exclusive jurisdiction of the German courts, to which both parties submit.
Operation of the Website
We reserve the right to change, modify, substitute or remove without notice any information on this site from time to time.
Access to the site may be suspended, restricted or terminated at any time.
If any provision of this legal statement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this legal statement shall not be affected.
The sites linked from the casting-kl.com website are not under casting-kl.com control and we do not assume any responsibility or liability for any communications or materials available at such linked sites. casting-kl.com does not intend links on our website to be referrals or endorsements of the linked entities and are provided for convenience only. casting-kl.com domain (www.casting-kl.com) is owned by Unicorn Casting.
For all Customer Service inquiries e-mail us at berlin@casting-kl.com
Bookings
Once a model is booked, it remains your responsibility to ensure you act safely and in-line with up-to-date local COVID-19 protection measures for your local area before taking the decision to travel to us.
We are following up-to-date guidance regarding all precautions necessary to minimise COVID-19 risks so that we can protect your safety and that of our staff. If you have any concerns at all, please check guidance for your local area prior to your appointment.
Terms and conditions for clients
All clients should read and understand the following before booking a model.
Interpretation
For the purpose of this agreement, the following industry abbreviations will apply:
„Agency“ means casting-kl.com
„Model“ covers anyone we represent, actress, model, hostess, dancer
„Booking“ means any job or assignments including but not limited to photographic, commercials, video, film, TV production, events on which a person has been booked by casting-kl.com
„Client“ means the person or comply named on the booking confirmation for whom casting-kl.com has agreed to provide models.
Booking confirmation
The casting-kl´s booking confirmation containing the terms for the booking must be signed and returned by the client prior to the booking date. Failure to comply with this may result in the booking being cancelled without notice.
Fees
1. All fees are based on the following (including breaks)
Full day (8 hours)
Half day (4 hours)
Minimum booking (2 hours)
This is unless different hours are agreed at the time of booking.
2. The booking will be charged from the time specified by the client for the models arrival and detailed on the booking confirmation. If the shoot runs over the agreed finish time, an overtime rate will apply.
3. Overtime is charged at time and a half (150%) of the hourly rate and will be worked out on a half hourly basis.
4. Both agency and model fees are included in the fees detailed on the booking confirmation and will be invoiced by casting-kl.com with VAT added, and agreed expenses will be added.
5. Non Assignment Day Travel Rates – travel on any days preceding or succeeding the Assignment day will be charged at one half of the normal daily rate for a whole or part of a day of travel.
Payment
1. On all invoices, payment is required within 30 days of the date of invoice. A 10% interest charge per month will be added to all invoices not settled within these payment terms.
2. In all cases the person booking the model will be invoiced and solely responsible for payment, unless otherwise agreed in writing at the time of booking. In the case of non-payment by the person booking the model, casting-kl.com reserves the right to invoice the „ultimate client“ (i.e. designer/manufacturer/owner of the product in question). The client should notify all parties affected or potentially affected by this clause as no usage of photographs or footage is permitted by any person or company until all fees have been paid to casting-kl.com in full.
3. All fees are for the right to use pictures or footage and, once agreed, are payable whether or not the use is appropriated.
Copyright
1. By Law content creators always own copyright to creative work produced. casting-kl.com grant usage rights to all clients and usage terms are specified and agreed during initial quotation phase depending on client requirements. Retainment of copyright allows us to protect ourselves from plagiarism, unauthorised modifications, modifications or usage that is beyond agreed project or job scope.
2. Casting-kl.com always reserves the right to use work produced within our web or print portfolio, however commercial clients can request for work produced for them not to be used by casting-kl.com within our work portfolio (Note: this may at times increase quoted rates and must be requested at quotation state). Images involving models, actresses or other talent, will only be used where an appropriate model release form has been signed. We do not sell photographs to any third party unless agreed with clients.
Branding
1. casting-kl.com reserve the right to use our logo or branding at the beginning and/or end of videos produced. Clients can request for a white label service with work produced for them not to have our branding and this must be (Note: this may at times increase quoted rates and must be requested at quotation state).
Use of images
The client hereby undertakes to notify and enforce the provisions of this clause to and against all persons directly or indirectly participating in an Assignment.
1. Unauthorised Use of Images
casting-kl.com is not liable to the client or the person named in the Booking Confirmation or any other person for any costs claims or proceedings which may arise from any unauthorised use of any image and the client or person named aforesaid acknowledges and warrants to the Agency the lawful proper and authorised use of any image.
2. Third Party Use of Images
All persons (incorporated or otherwise) who participate in an Assignment (directly or indirectly) acquire no implied or express rights to use any image in any form or for any purpose whatsoever and any use of any image must be with the express consent of casting-kl.com save that an image may be stored in a portfolio and may only be used for strictly limited non-exploitative and non-commercial purposes.
3. Authorised Use of Images
Any and all rights for the use of any images (“Initial Usage”) must be agreed with casting-kl.com prior to the booking. The then agreed Initial Usage (including the period media and territory) will be shown on the Booking Confirmation sent by the Agency to the Client. Any discrepancy in the Booking Confirmation must be expressly notified prior to the start of the Assignment and any additional usage after the Assignment (including extensions of existing usage agreements) must also be expressly notified. casting-kl.com reserves the right to invoice the Client such fees as it deems reasonable if the additional use of the image is not expressly notified to and agreed by the agency.
4. Product/Service Promotion
The use by the client of any image(s) obtained pursuant to an assignment is restricted to the product service or purpose the subject of the original assignment and no image(s) may be used in any manner whatsoever (whether commercially exploitative or not) for any other purpose regardless of any assumed, proposed, supposed or alleged connection between the original assignment and any other product service or purpose.
Exclusion fees
A special fee will be negotiated when the booking is in conjunction with a product which precludes work for competing products. It is the client’s responsibility to check whether conflicting work has been done. If a model advertises a product he/she is able to work for any competitor unless an exclusion fee is negotiated.
Complaints
Any cause for complaint should be reported to casting-kl.com when it arises. Complaints cannot be considered in retrospect. Refunds may only be offered at the discretion of the management.
Provisional bookings
Provisional bookings, also known as options or pencils, will be automatically cancelled if they are not confirmed within 24 hours of the proposed booking or if a definite booking is offered and the provisional cannot be confirmed.
Cancellation fees
If a booking is cancelled within three working days of the starting time, the full fee will be charged unless the same model is re-booked within 24 hours in which case half the fee will be charged.
If a booking is cancelled outside the three day period but within five working days of the starting time, 50% of the fee will be charged.
If a booking is cancelled outside the five day period, 25% of the fee will be charged.
Weather permitting bookings
If a booking is ‚weather permitting‘ this must be made clear at the time of booking. At the first cancellation, half the fee is charged unless the client fails to cancel in time to prevent the model’s attendance, when the full fee is payable. At the second cancellation the full fee is charged.
Casting, fitting & rehearsal fees
casting.com reserves the right to charge casting, fitting and rehearsal fees irrespective of whether the model is confirmed for the booking.
Meals
Clients are responsible for models‘ meals on bookings. In the event that a meal is not provided, a charge of EUR 15 per meal per model will be invoiced.
Insurance
The client is responsible for the models health and safety when the model is travelling, or providing services in connection with the booking to the same extent as if the model were an employee of the client. The client will maintain adequate insurance cover to underwrite its obligations to the model.
casting-kl.com is not responsible for any losses which may be incurred if the model fails to attend or is late to the booking. The client is advised to insure against any loss which might result due to this.
Non-Solicitation
Clients will not directly, indirectly, or on behalf of others; solicit, induce, recruit, encourage or otherwise endeavour to cause or attempt to cause any employee, previous employee or consultant of casting-kl.com (that becomes known to the Client during the course of a contract or job/project) to perform any related business or to terminate their relationship with casting-kl.com, with a view to supplying the Client with related services.
Jurisdiction
These terms and conditions for booking and all other matters connected with the booking are governed by German Law and any dispute will be settled in accordance with that law by a court in Germany.
General
1. All fees are to be negotiated only with casting-kl.com.
2. It is not permitted for any person or company to use photographs or footage for any purpose whatsoever until all fees have been paid to casting-kl.com in full.
3. Whilst every endeavour is made to provide a satisfactory and efficient service to clients we cannot be held responsible for a model’s conduct on an assignment.
4. We reserve the right to negotiate within the structure of these terms and conditions.
5. These terms and conditions are without prejudice to any claim against the client.
As a supplier of services, these terms and conditions take precedence over terms and conditions that may be received from the client even when those terms and conditions have a similar clause to this.