About ForCast

1. Please read the terms and conditions below carefully as it forms the binding contract (referred to as this “contract”) between you (referred to as “you” or “your or yours”) and FORCAST Limited of Suite F 1-3 Canfield Place, London, NW6 3BT, United Kingdom (Company No. 11151926) (referred to as “FORCAST.CO” or “FORCAST” or “we”, “us” or “our”).

2. By submitting your application to be registered as an artiste with FORCAST.CO you agree to be bound by this contract. If there is anything you do not understand in these terms and conditions or your guide, please contact us.

3. We may update the guide from time to time, for example where the requirements of production companies change, so please check it regularly.

How to apply:

4. You can apply to be included in our book of artistes (referred to as our “book/ books”) by submitting the online application form. You must provide complete and accurate responses to all the information requested on this form including two solo/ clear photographs taken no more than 6 months previously (we refer to this information as “your details”).

5. Important: by making an application:
• You agree to be bound by this contract and to comply with instructions given to you either in the guide or otherwise by any member of staff of FORCAST LIMITED.
• You agree that you don’t have any unspent criminal convictions other than driving convictions, including sexual offences under the Sexual Offences Act 2003.
• You are not on the sex offenders register and you have never been subject to any disciplinary action or sanction relating to vulnerable groups.
• You agree to cooperate with any request from any production company to obtain a criminal record check.
• You agree that either you are not knowingly allergic to any make-up or prosthetics, or you have informed us in writing.
• You confirm that there are no material facts which you consider ought to be disclosed and could be pertinent to your engagement, or likely to cause illness injury or damage to yourself or others, or you have informed us in writing of such facts.
• You confirm that you are legally entitled to live and work in the UK.
• You agree that we may publish your details (including your photographs) in our book, include your details on our website and any other materials, and forward your details to any production companies or any other client of FORCAST.CO (referred to as “production companies”) and to contact you with offers of bookings and details of other productions we are casting for, and about other services related to your bookings.

Registration in our books

6. You are not officially registered with FORCAST.CO until you receive an approval email from us, normally 72 hours after your application. It may take us longer to review and approve your application during busy periods.

7. By applying you are not automatically included in our book, and we reserve the right to refuse your application or remove you from our book, for any reason. For the avoidance of doubt, if we refuse your application or we remove you from our book this contract will automatically terminate.

8. Once you receive your approval email you must upload via our website a photocopy of your passport or permit to work in the UK. We are unable to offer you any bookings or pay you any fees until we receive this. If you do not upload this within 30 days of our approval email we may remove you from the book.

9. Once you have been approved you will be included in our books as per the subscription that you have selected which is a minimum of 3 months and maximum of 12 months from approval date. This contract will automatically renew on the last day of your contract. We may contact you prior to that date regarding renewal.

10. Important: Once we accept your application, you appoint FORCAST.CO to act as your agent in finding you bookings as an extra, background artiste, walk-on artist, or other similar work (referred to as “bookings”) with production companies in accordance with this contract. You are not in any circumstances engaged as an employee or contractor of FORCAST.

11. Important: While we endeavour to find bookings for everyone in our book, we make no guarantee that we will offer you any bookings at any time.

Your details and data privacy

12. You are responsible for the accuracy of 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 books and terminate this contract.

13. In particular, you must ensure that all physical descriptions and your photographs accurately represent how you look. If you fail to do so, this may result in your being sent home from a booking unpaid.

14. Where we do not accept you onto our book, we will delete your data within one month.

15. Under the Data Protection Act (1998) and GDPR (2018), we are the data controller of all your details we hold. We will use 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. We will use appropriate measures to keep your details safe and secure. We will not sell, license or trade your personal information to others. For more information about privacy and data, please read our full privacy statement:

16. We will keep an archive of your details for so long as you remain on our book plus up to three years afterwards. You have the right to ask for this to be removed, but we will need to keep some personal details relating to any work you have done for legal reasons.

Our fees

17. Before every job is confirmed and agreed a fees will agreed by both the parties, that is between you and FORCAST for each job.

Bookings

18. From time to time we may contact you to offer you bookings. We are not obliged to offer you any bookings at any time.

19. You are not obliged to accept any booking offered to you. Once you accept a booking you must keep yourself free for the whole of that day. This applies even where a booking is for only part of a day, for example for a costume fitting.

20. If for any reason you do become unavailable for a booking you have accepted; you must contact the person at FORCAST.CO 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 books.

21. Important: Production companies are entitled to cancel any booking without charge up to 10:00 PM the day before the booking. We will notify you as soon as practicable after we receive notice of cancellation of your booking.

22. You must comply with the instructions and booking process set out below:
• Availability: First you are offered work, usually by email but also by text or phone. We will ask you to be available for certain date/s and we may also need you to agree to other criteria such as location, rate or haircut specifications.
• Pencilled: We have checked your availability and you have told us that you are free. At this point we will expect you to keep the date/s free and we put you forward to the production BUT you are not booked yet.
• Booked: As soon we hear from the production we will inform you if you’ve been booked i.e. selected by the production for filming. We have confirmed the job to you by email or text. You may be required to carry your own costumes or attend a costume fitting ahead of your filming day. Either way your final filming details will be emailed to you the evening before filming.
• Signing in on set: Never be late. Sign in as soon as you arrive with the on set coordinator or 2nd Assistant Director (2nd AD) or the Crowd AD – as this could affect the amount you are paid. On a ‘Paperless Payments’ job you need to make sure you give the On set coordinator or AD your full name clearly on arrival. If the job is on a voucher/ Slip you must make sure you pick it up first thing on arrival and keep it safe with you throughout the day.
• On set: You will be told where to go and whether or not you need to visit hair & make-up or costume. Make sure you listen to all instructions being given to you by the On Set coordinator or AD. Do not ignore them and if you have questions and you can not find the AD/ coordinator then ask a member of crew.
• Catering: We will confirm what meals are provided when you receive your filming details. Sometimes be prepared that you may have to pay for your own meals. Also you may be asked to arrive earlier than your call time for breakfast. Never go to catering unless you have been given instructions to do so by the On Set coordinator or by an AD.
• Wrap: At the end of your filming day you will be “wrapped”. If you do not sign out on a job you will not get paid, so make sure you find the On Set coordinator/ AD and get signed off. For Paperless you will need to email us your details and wrap time for the day. Please make sure you keep your vouchers or emails for the work you have done until you have been paid as they are your proof that you worked.
• Getting Paid: Your earnings are important. You must make sure that you have provided us your correct bank details to avoid any delay in payment and also a current copy of your passport to prove you are legally allowed to work in the UK. Payment can take 6-12 weeks from when you worked to when you get paid but on occasions, it may take longer.
• Cancellations: The nature of filming dictates that schedule changes often occur. This may result in your filming day being postponed, rescheduled or cancelled. If this happens you may be entitled to a cancellation fee.

23. Important: When you have accepted a booking, if you do not re-confirm your availability to us by email, text or telephone on the day before a booking, before 6:00pm, 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.

24. Non-attendance and lateness are very damaging to our professional reputation. If any Artiste does not attend two different bookings within a 12 month period it will result in automatic removal from our books. However, if it’s an unavoidable emergency and you need to drop out of a job it’s important you tell us as soon as possible. If at any point you think you cannot attend a booking you MUST call the person who booked you on their emergency mobile number to explain. You will find this on your emailed details.

25. Your engagement on any booking is subject to a separate contract with the production company. The guide includes a standard version of a production company agreement, which you agree to be bound by. However some production companies make changes to this agreement and may require you to sign a written contract with them digitally or on set, others may not require any additional formalities. If for any reason you are not able to sign this you give FORCAST.CO the right to sign this on your behalf as your agent.

26. In any event, by attending the production location for the engagement you will be deemed to be bound by that production company agreement (as set out in the email from the FORCAST.CO for booking you for that engagement).

27. 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. 28. While you are on set (or on any transportation to set provided by the production company) you must:
• Be professional and courteous at all times.
• Not make any film or sound recording or take any photographs;
• Comply with any rules and regulations set by the production company; and follow any instructions given to you.

29. If your behaviour on set (or on any transportation to set provided by the production company) is considered by us or the production company as unacceptable or inappropriate, including your behaviour towards any member of our team or any production staff member, or if you misrepresent FORCAST in any way, you may be required to leave the set, the production company may not pay you for the booking, and we reserve the right to remove you from our book.

30. Important: While you are on set (or on any transportation to set provided by the production company) FORCAST is not liable if you are injured (unless it is caused by our negligence) or for any loss of, damage or theft of any of your personal possessions. The production company may be responsible for taking out personal injury insurance to cover you while you are on set.

31. If the production company asks, you must sign a release form (this permits the production company to use images, films and recordings of you). The production company may not pay you if you do not sign this form. 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, we may sign it on your behalf, to ensure that you get paid. This may be a digital signature.

32. Important: If you have any problems or queries when you are on set, you must contact any team member of FORCAST and not the production company. If necessary we will raise this with the production company on your behalf. Of course, if there is any immediate risk to anyone’s health or safety you should immediately raise this with the appropriate person on set.

Confidentiality

33. Important: The work you do on any booking is strictly confidential, and you must not disclose any details to any person. For example:
• You must not make any film or sound recording or take any photographs while on any set.
• You must not contact any journalist, newspaper, magazine or other publication about any production you have worked on.
• You must not post any comments, videos or photographs on any website, blog or social network about any production you have worked on (this includes Facebook, Twitter, Instagram, Snapchat, WhatsApp, Tik Tok or any other social media platform ).
• Production may also ask you to sign their own (NDA) Non-Disclosure agreement, this may be digitally signed.
If you breach this clause we will immediately remove you from the book and you may not get paid by the production company.

Payments

34. You authorise FORCAST.CO to receive all fees from production companies for your bookings, on your behalf. These fees will be deposited into our client account.

35. Within 21 working days of our receiving your fees (this is normally between eight to twelve weeks after you have completed the booking, but sometimes its longer depending on the production company) we will make the payment directly into your bank account by BACS.

36. FORCAST cannot pass payment from a production company on to you until the production company has made payment to us. 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. However, FORCAST is not liable to you for any fees which a production company fails to pay.

37. If you receive any fees directly from the production company FORCAST is entitled to invoice you for our commission. This will be a VAT invoice, where appropriate.

38. On all 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.

39. If the production company does not provide you with a salary voucher it is your responsibility to keep a record of all times and dates that you worked. If you work any overtime, you must email details of this to your contact at FORCAST the very next day latest. If you do not, you may not receive payment for this.

Taxes and National Insurance

40. For tax purposes, you are considered self-employed. You are therefore responsible for paying your own income tax and completing your own annual tax return. For more details please contact your local tax office.

41. You are considered self-employed for National Insurance purposes. You will not have a Class 1 National Insurance deduction from your payment and you will receive all payments without National Insurance deductions. You will be responsible for paying any Class 2 National Insurance and where applicable Class 4 National Insurance which will be payable along with your self-assessment income tax. Under no circumstances are you considered an employee of FORCAST.

42: If you think there might be an error in your rate of pay for a particular day you must email the team member of FORCAST who booked you for the job. You have 2 working days from the day you worked to report any error in your rate of pay. Errors reported outside this time may not be paid if production refuses.

Termination

43. This contract will automatically renew after 12 months from approval date or after the last date of the subscription you have selected. We may contact you prior to that date regarding renewal. Please check auto Renewal and add link

44. You may terminate this contract at any time by providing us with 30 days written notice, however the fees already paid by you will not be refunded. You or we may terminate this contract at any time by serving written notice to the other if the other is in material or persistent breach of this contract. In both cases, we will immediately cancel all bookings which were due after termination.

45. On expiry or termination, we will immediately remove you from our books. 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.

46. Expiry or termination of this contract will not prejudice any rights or remedies which have arisen under this contract prior to that date.

47. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this contract.

48. We may update the guide which will be available on our website, but without specific notice to you.

49. 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.

50. Should any provision of this contract be declared invalid for any reason, such a 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.

51. 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. You shall not have authority to act in the name or on behalf of or otherwise bind FORCAST in any way.

52. 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.

53. Nothing in this contract confers any rights or benefits on any person or legal entity other than you or us.

54. 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.

55. 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 English law and you and we hereby submit to the exclusive jurisdiction of the English courts.

GENERAL

1. Billing agents. If you choose to make a payment to FORCAST, FORCAST bills you through an online account (your "Billing Account") for use of the Website, App and Service. FORCAST does this either directly as the merchant, or through one of its billing agents. The services provided by the Billing Agents to FORCAST are administrative only and do not affect the contractual relationship between you and FORCAST. For the purposes of privacy and the GDPR, Worldpay, IPS, and other billing agents may be considered a Data Controller wherever personal transactional data is processed.

2. Payment method. The terms of your payment will be based on your chosen Payment Method and may be determined by your financial institution, credit card issuer or other provider. You authorise FORCAST to charge your chosen payment method, and securely store your payment method so that you can continue to receive the Service and use the Website and App. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify your Payment Method Provider. Where FORCAST (or its Billing Agents) are obliged as a merchant to refund payment, we will do so to meet our merchant obligations. If FORCAST (or its Billing Agents) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand. FORCAST and its Billing Agents reserve the right to correct any errors or mistakes it makes even if it has already requested or received payment.

3. Recurring billing. Your FORCAST subscription will auto-renew and be automatically extended for successive periods of the same duration as the subscription term originally selected, at the originally selected subscription rate. You accept responsibility for all recurring charges prior to your cancellation. To change or cancel your subscription at any time, go to your subscription page.

4. Reaffirmation of authorisation. Your non-termination or continued use of the Service reaffirms that FORCAST is authorised to charge your Payment Method. This does not waive FORCAST right to seek payment directly from you.

5. Current information required. You must provide current, complete and accurate information for your Billing Account. You must promptly update any information that changes (such as a change in billing address, credit card number, or credit card expiry), and you must promptly notify FORCAST if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made by emailing contact@forcast.co.uk. If you fail to provide FORCAST with any of this information, you agree that FORCAST may continue charging you for any use of FORCAST under your Billing Account unless you have cancelled your subscription for FORCAST.

6. Billing discrepancies. Unless you notify FORCAST of any discrepancies within 30 days after they first appear on your payment statement, they will be deemed accepted by you and you release FORCAST from all liabilities and claims of loss resulting from any such error or discrepancy.

7. Price changes. We reserve the right to increase fees or introduce new prices or charges at any time.

8. Viruses. Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our Website, associated microsites, or online service, we do not guarantee that the Service or materials that may be available from FORCAST do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. Subject to the liability section of these terms of use, if you use any materials available through FORCAST, you do so solely at your own risk.

9. Site access. Access to FORCAST may be interrupted, restricted, or delayed from time to time. Subject to the liability section of these terms of use, we will not be liable for damages or costs in these circumstances.

10. Prohibitions. You are responsible for ensuring that no material you post or otherwise include in (or link to) your profile, or which is posted through a machine on which you access FORCAST, nor any activity or communication you make in connection with any FORCAST Service, will be capable of:
• Infringing the intellectual property, right to privacy, or other rights of any person or entity;
• Breaching any applicable law, whether criminal, tortious or otherwise;
• Being objectionable, within the meaning of the Films, Videos and Publications Classifications Act 1993;
• Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading; or
• Being considered spam or unwanted advertising of products or services.
• FORCAST reserves the right to report to authorities or remove any material from the Website where we consider it appropriate.

11. Inaccurate information. All information provided to us must be complete and accurate information. If any information you provide to us (including any personal information regarding any close contact) changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

12. Indemnity. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our Services, the Website or the App or your breach of any term of your agreement with us.

13. Breach. Without limiting any other rights and remedies available to FORCAST, we may limit your activities on the Website, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these Terms of Use, our Community Guidelines, Privacy Policy, or any of our other policies, or where FORCAST considers it otherwise appropriate. You agree that if you are removed from FORCAST for breaching these terms, or where FORCAST considers it appropriate, we may notify or contact other members or persons with whom you've had contact through our service to advise them that your membership has been removed.

14. Responsibility for minors. FORCAST is intended for persons aged 18 or over. Legal guardians may register and operate a profile for a minor. By registering and operating a profile on behalf of a minor, you acknowledge that some parts of FORCAST may contain material that is inappropriate for minors, and you agree to supervise all activity that occurs on the minor's profile. Currently and without limit, individuals who are under 18 may not operate their own registered profile on FORCAST. If you register on behalf of a minor, you must still comply, and must ensure the minor complies, with these Terms of Use and provide the required consents in relation to these Terms of Use and Privacy Policy (on behalf of the minor). Any breach of these Terms of Use by the minor is deemed to be a breach by you. You must ensure that any access by the minor to FORCAST or to communications made via FORCAST is fully supervised by you. You or a minor registered by you are not permitted to upload images of an adult or inappropriate nature. Minors may not advertise casting calls or jobs. From time to time, FORCAST may advise you of other policies or conditions that apply to the profiles of minors. You must comply with those policies or conditions if you are to continue using FORCAST.