1.1 We, JUST IN CAST GmbH (hereafter called the Agency), are a casting agency that recommends performers, models and dancers, as well as other creative and artistic talents (hereafter called the Talent) in the categories as listed below, to our clients (hereafter called Client/s). We are continuously on the look out for interested and motivated people in the following categories:
(See also our specific criteria for each category under “Go To Application”)
These General Terms and Conditions are valid for the process of applying for our Agency as well as for assignment offers we put online. As soon as you (the Talent) have signed an Agency contract for services against payment that has been negotiated through the Agency, the contractual conditions of that contract is then valid.
1.2 The applicant’s portal gives you the possibility to apply for our Agency online. By applying to our Agency through our application portal, an agreement is made between you (the Talent) and us (the Agency). By ticking the relevant check box during the online application process, you agree to these General Terms and Conditions. Any changes made to these General Terms and Conditions between Talent and Agency are only applicable when specifically stated in writing and explicitly agreed to by both parties.
1.3 Our applicant’s portal is accessible for all applicants who have a serious interest in being cast through our Agency services. We make no guarantees that we will be able to secure Client assignments for you (the Talent), or further paid contracts.
1.4 There is no exclusivity clause associated with your application. When you apply for our Agency, there is nothing to stop you also applying for other agencies, or from taking contracts from other agencies or third parties without our services.
Application through our applicant’s portal is completely free of charge. Fees are only payable for our services when we (the Agency) have successfully secured you (the Talent) a paid assignment with a Client, in which case we are entitled to a payment proportional to the contractual sum as described in figure 6. below.
In Category “People” we need to take some pics for your Sedcard and we invite you to our agency shooting day. Here we have the following rules:
The costs for those pics will ONLY be charged when you get your first job.
That means, your first fee will be 50€ (add. TAX) less. It’s a win-win situation. You only pay the half of the costs (50,00 € add. TAX) for your pics when you get placed for a job. This is independent from our agency fee.
2.1 When you want to leave JIC, we also charge 50,00€ add. TAX. This is just the fee for taking the pics, it doesn’t include any rights.
For private use, you can buy those rights from the photographer.
3.1 To apply for our Agency, you (the Talent) must fill out the application forms and send these to us.
We can only process your application if the application form is sufficiently completed.
3.2 If you (the Talent) are not yet 18 years old, we (the Agency) require the consent of your parent or guardian. You can find the relevant consent form here: PDF Download
3.3 After you (the Talent) have sent us (the Agency) your application form (with the consent of your parent or guardian if required, as in figure 3.2), you will receive a notice of receipt from us with an access code for your profile. In the case we accept you into our Agency, you will be able to manage your online details yourself under “my profile”. You will then be obliged to continually keep your profile up to date.
3.4 If we (the Agency) think we can match you (the Talent) up with our Clients, we will accept you into our Agency. We withhold the right to decline your application at any time without reason. If we decline your application, we inform you of this and delete your data from our site.
3.5 If we accept you (the Talent) into our Agency, this does not oblige you to take on contracts or bookings from our Clients.
3.6 When you (the Talent) submit your application, you automatically agree to the following points:
3.6.1 The images you have sent us of yourself, as well as those we have taken of you, will be used for presentation purposes in the form of a sedcard on our website www.justincast.de (.com). A special downloading function will not be possible. For the images that we have not produced ourselves, in a further step we will send you the relevant image release form that both you and your photographer will have to sign before we can publically present your images.
3.6.2 The following information will also be displayed on the sedcard:
your first name / height / body measurements / shoe size / hair color / dress size / eye color.
4.1 You (the Talent) guarantee that you have no agreements with third parties (for example, an exclusive contract with another agency) that would pose a conflict with your acceptance into our Agency and / or in completing assignments with our Clients that we have secured for you.
4.2 You (the Talent) guarantee us (the Agency) that you aren’t violating the rights of third parties by allowing us to use your photos and putting these on our website www.justincast.de.com as described in figure 3.6.
(a signed image release form is required as described in 3.6.1)
4.3 You (the Talent) give us (the Agency) your assurance that the information you enter into your application form is correct. You are obliged to keep your details up to date and to keep your profile access details protected from use by third parties.
4.4 You (the Talent) may only use our (Agency) portal and your profile for the contractually agreed purposes. You are strictly forbidden to store or publish illegal, offensive, racist, radically religious, derogatory or pornographic content.
4.5 You (the Talent) exempt us (the Agency) from any obligations towards third parties, whose rights may have been breeched as described in figure 4.1 and 4.4 in as far as you are responsible for such a breech.
4.6 When we (the Agency) make an appointment with you, the Talent, (such as a casting or presentation for a Client) you are obliged to arrive at that appointment punctually. If you do not keep an appointment for reasons within your control, you become liable to us for any resulting damages.
5.1 The advantage of for Talent being accepted into our Agency and signing our Agency contract is that we firstly make casting suggestions from among the Talent in our Agency whenever we receive a casting inquiry, or are required to cast for one of our Clients. When we (the Agency) have the impression that you (the Talent) fulfill the requirements of one of our Client assignments, we contact you to decide with you if and under which conditions you can and want to work for our Client. In this case we of course discuss the amount you would like to be paid for your services.
5.2 When we (the Agency) suggest an appointment to you (the Talent) and you then confirm that you can make that appointment, you are then obliged to keep the agreed allocated time free until we cancel that appointment. If we cancel an appointment, we are not liable for claims against the Agency or our Clients.
5.3 If a Client would like to book you (the Talent) for an assignment, and you are in agreement as to the conditions of that booking, the booking requires a signed individual contract between yourself and our Agency. Your rights to payment are only valid after you have signed that contract and send to us by email, fax or in its original form by post. You authorize the Agency to represent you with regard to any copyright rights concerning the Client. You are not obliged to agree to a contract from the Client.
5.4 When an individual contract has been agreed upon and signed you (the Talent) are of course obliged to keep that agreement. You are also obliged to provide all relevant documents and information (tax and social security numbers, residency and work permit documents where relevant etc.) necessary for fulfilling an individual contract, in particular regarding payment. If you are responsible for any breeches of contract, the Agency will not be liable for any resulting damage claims from either the Client or third parties, although eventual claims against you by the Client may be upheld.
5.5 You (the Talent) must be aware that a booking through a Client occurs on the strength of the information and photos that you have sent us (the Agency) in the course of your application process or at any other stage. If you cannot fulfill your contractual obligations because the information or photos you have given us do not accurately represent your current appearance or personal information, you are liable for damages we may incur as a result. In addition, you release us from any liability towards third parties who may make claims against us in this regard in as far as you are responsible for these. In particular this means: significant changes to your weight (over 10%); significant changes to your hair; changes regarding pre or non-existing disfigurements; changes in the form of cosmetic surgery or body modifications; or changes to visible body jewelry.
When we (the Agency) have successfully secured a booking for you (the Talent), we receive payment from the Client for the agreed net salary, fees, royalties and similar payments (hereafter called the Fee). In an individual contract this Fee is agreed upon, and this Fee will be paid to you, minus our agreed commission, after you send the Agency a proper invoice naming the agreed-upon Fee and services provided. We are able to provide you with an example invoice upon request. Our commission is usually around 20% of your Fee, in which case, for example, you would receive 80% of the agreed Fee.
7.1 The contract between you (the Talent) and the Agency is not bound to an end date and begins as soon as you have sent us your application.
7.2 You (the Talent) may terminate your contract with us (the Agency) at any point without due reason, effective at the end of the second full month following receipt of your termination notice. You must send your termination notice either with the same email address with which you applied to the Agency, or by post. Once we have received your termination notice we will delete the material that you sent us, irrespective of whether you sent it to us in the course of your application or in any other way. (look at 2.1 Charge for agency shooting in case of leaving JIC)
7.3 We (the Agency) are also entitled to terminate our contract with you (the Talent) at any point without reason by post or email with immediate effect. If we terminate a contract then we delete the material you have sent us in the course of your application or by other means. Upon termination we are not obliged to meet any demands you may make of us.
7.4 In the case that we (the Agency) have secured bookings for you (the Talent) at the point of termination, the payment of the Fee as described in figure 6., as well as the services agreed upon in an individual contract, remain unaffected. An individual contract is to be carried out in full and concluded in an orderly manner. Notwithstanding the forgoing, both parties may terminate the contract for a compelling reason, as stated in Section 314 German Civil Code.
If you (the Talent) breech these Terms and Conditions you will be liable for any damages we (the Agency) incur as a result. In the case of such a breech we have the right to demand a contractual penalty from you, where necessary administered through the relevant court of law. You also exempt us from all claims made against us from third parties as a result of any breeches of contract that you are responsible for. We reserve the right to make damage claims against you in excess of the contractual penalty.
You (the Talent) agree that the personal data you have sent to us (the Agency) as part of your application or in any other manner may be collected processed and used by us in accordance with the statutory provisions, specifically those concerning data protection. This data will only be given out within the boundaries of our data protection policy (Link) and for the purpose of contractual fulfillment with our Clients intending to book our Talent. Your data will not be given to other third parties – in particular for advertising purposes.
We (the Agency) may make changes to these Terms and Conditions at any point in time. Any changes made will be sent to you (the Talent) by email. If you make no objection to changes within two weeks, the changes are deemed valid and as accepted by you. For you to make an objection to changes it is sufficient for you to simply send us an email stating that you object.
11.1 In the case that one or more provisions of these General Terms and Conditions be rendered invalid, all other provisions will remain unaffected. In the place of invalid provisions, both parties (the Talent and the Agency) are obliged to agree to maintain the contractual goals to the greatest possible extent. The same conditions apply regarding any loopholes that may occur in the General Terms and Conditions
11.2 German law shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.
Version: 25.11.2019