Policies, Terms and Conditions
AGREEMENT OF TERMS & CONDITIONS Outlined below are the Terms, Conditions & Policies of Essential Talent. This document outlines the responsibilities and commitment of Essential Talent to Sub Contractors. The registration form creates a binding agreement between both parties. The agreement shall be between the Sub Contractor (Talent) and Essential Talent located at 12 – 20 Morney Street, Adelaide 5000. ABN – 6747 5967 266
1 GENERAL CONDITIONS
Essential Talent does not accept responsibility for any loss or damage to personal property belonging to you. Essential Talent does not accept liability for death or personal injury to any Talent / Actor or Student whilst attending job/ bookings or any activity related to a booking organised by Essential Talent or otherwise, to the extent that such injury shall be caused by the negligence or default of any member of Essential Talent staff or any other default on our part.
2 Other losses – Essential Talent does not accept responsibility for any loss, damage or expense due to circumstances beyond our control, including, but not limited to, delays in public transport, weather, quarantine, sickness, bereavement, strikes or other industrial action, terrorism, fire and riot. Without prejudice to the other terms of this agreement, in no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) any other special, indirect or consequential losses; or
d) loss to third parties.
e) consequential losses of any nature at all were incurred directly or indirectly by any activity with Essential Talent. This clause applies to the entire agreement and not just the agency portion and on all locations.
3 EMPLOYMENT POLICY STATEMENT
Essential Talent is never deemed employer, all artists will be booked as Sub Contractors.
At no time is there an employer/employee relationship between Essential Talent and talent.
4 REPRESENTATION POLICY
By signing the registration form artists acknowledge they have read, understood and agree to all conditions contained in the Representation Policy Statement :
4.1 Consent to the use, storage, maintain and disclose personal information.
4.2 Agreement to disclose your personal information to industry clients, or associated companies operating within the entertainment industry.
4.3 Agreement for your photographic image to appear on the Essential Talent website.
5 PERMISSION GIVEN
By signing the registration form artists acknowledge they have read, understood and agree to all conditions contained in the Representation Policy Statement :
5.1 Consent to the use, store, maintain and disclose personal information
5.2 Agreement for your photographic image to appear on the Essential Talent website.
5.3 Artists also authorize by signing the Essential Talent Registration form (ET-F-Reg-Talent) to disclose your personal information to industry clients, or associated companies operating within the entertainment industry.
Essential Talent Privacy Policy should be read in conjunction with this policy.
6 TERMINATION OF AGREEMENT
6.1 Artists can terminate their representation by Essential Talent at any time. Notification is required in writing via email info@essentialtalent.com.au
6.2 Essential Talent also reserves the right to terminate representation of an artist at any time without notice.
7 PRIVACY POLICY
7.1 Essential Talent will ensure it respects the privacy of staff, students, clients and users by implementing the National Privacy Principles.
7.2 The National Privacy Principles (NPPs) in the Privacy Amendment (Privacy Sector) Act 2000 sets out how private sector organisations should collect, use, keep secure and disclose personal information. The principles give individuals a right to know what information an organisation holds about them and a right to correct that information if it is wrong.
Essential Talent will ensure it operates consistently with the National Privacy Principles and only collects the personal information that is necessary for the conduct of its business, and that it will use that information in the manner for which it was intended.
7.3 Personal identification information - Essential Talent may collect personal identification information from users, students, staff & clients in a variety of ways, including, but not limited to, when “Users” visit the site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources made available on the “Site”. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit the Site anonymously. Actors Ink will collect personal identification information from users , students, clients & staff only if they voluntarily submit such information. Users, students, staff & clients can always refuse to supply personal identification information, this will result in termination of representation.
7.4 Purpose of Information Collected - Essential Talent collects personal information solely for the purpose of operating as a Training Organisation or for representation to the film/ television / entertainment industry.
7.5 The type of information Essential Talent collects and holds includes (but not limited to) personal information, including sensitive information, about: Students and parents and/or guardians before, during and after the course of a student’s enrolment, Job applicants, Staff members and contractors; and other people that come into contact with Essential Talent.
7.6 How we protect your information - We adopt appropriate data collection, storage and processing practices and security measures to protect against un authorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored .
7.7 Release of Information - By signing the “Registration Form” students, clients, staff or artist are giving Essential Talent permission to release of information as detailed in the “Representation Policy.” A “Registration Form” (ET-F-Reg-Talent) (ET-F-Student) will need to be signed prior to activation of registration.
7.8 Access to Information - Under the National Privacy Principles the student, artist, client or staff member can access his/her personal information and may correct inaccurate or outdated information about them.
7.9 Storage of Information - Students will have access to all information held on them. Essential Talent will store and use the information appropriately and limit access to only those who have a legal reason to have access to that information, or whom the student, client, user or staff has given permission.
Students, clients, staff or artists who request access to their information will be given full access to the details they want. No cost will be charged for them accessing their information whilst they are enrolled or registered with Essential Talent. For access to records, the student, client, user or staff must apply via email to info@essentialtalent.com.au
7.10 Privacy Principles - Essential Talent abides by the National Privacy Principles and will not pass on students, artists, client or staff member’s information to anyone in any way that may be considered as breaching the Privacy Principles unless specific authority has been obtained.
8 ARTIST INDUCTION POLICY
All artists, performers, contractors and staff must complete the following process before any offer of work is made.
8.1 INTERVIEW – All potential artists, performers, contractors or staff must attend an interview with an Essential Talent consultant and Company Director, where evidence of qualification is supplied in the form of certificates, qualifications, video / DVD along with CV and photo’s. At the completion of the interview the Essential Talent consultant will advise if successful and give instruction for the following procedure.
8.2 ESSENTIAL TALENT GENERAL INDUCTION – This On Line induction is to be completed and passed before continuing with the online training modules.
8.3 TRAINING MODULES – The online training modules must be completed before an artist / performer / sub contractor file can be activated.
8.4 FILE ACTIVATION – Upon completion of the online training the file may become active and bookings offers can be made for ONLY the areas of entertainment the artist / performer / sub contractor has completed training.
9 REFUND POLICY
There are limited criteria under which a refund may be granted. Refunds will not be approved automatically. All requests for refunds must be sent to info@essentialtalent.com.au outlining the conditions for which the refund request is being made.
10 CANCELATION POLICY
Essential Talent confirms all client bookings via an emailed “Confirmation Form” (ET-T-ClientCon) once this form has been emailed to the client, Essential Talent considers the booking confirmed. Following are the penalties for cancelation.
• 2 weeks prior to booking date – NO CHARGE
• 1 week prior to booking date – NO CHARGE
• Less than 7 days – 25% of negotiated fee
• 48 hours – 50% of negotiated fee
• 24 hours or less – Full Fee
.