Lukkien Casting B.V. (09094991) (hereinafter referred to as: LC) enters into agreements with extras, actors, models, and all other forms of entertainers for the execution of assignments. All these categories will hereinafter be referred to as: a Talent. In the event of a booking of a minor, a pet, or a location, "Talent" as used in these General Terms and Conditions also includes the supervisor of the minor or the owner of the pet or location, and the provisions of these General Terms and Conditions apply accordingly to that supervisor or owner unless the nature or content of the provision indicates that such corresponding application is not possible, in which case the relevant provision will apply as much as possible and the parties will act according to its intent.
Insofar as these General Terms and Conditions are not explicitly deviated from by written agreement, these General Terms and Conditions apply in all cases in which use is made of the services of LC, in which a Talent registers in the database of LC, and to every legal relationship between LC and a Talent.
Article 1: Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
1.1 General Terms and Conditions: the following conditions of LC;
1.2 Booking: written or verbal assignment, order, mediation, or booking confirmation, which is made by telephone, e-mail, post, or in person.
1.3 End Client: the (legal) person who will be the ultimate user of the result of the Performance.
1.4 Registration: the storage of photos, videos, and data, including private details and curriculum vitae of the Talent in the database of LC.
1.5 Intellectual Property Rights: copyrights (including personality rights), source codes, neighboring rights, database rights, trade secrets, know-how, patent rights (patents), design and model rights, trade name rights, trademark rights, utility model rights, and all other intellectual property rights and related rights.
1.6 Client: every (legal) person with whom LC has entered into an agreement following an assignment in which there is a need for talent(s).
1.7 Performance: the execution by the Talent of an assignment in the broadest sense of the word.
1.8 Fee: the agreed payment from LC to Talent for the Performance of the assignment.
Article 2: Registration
2.1 Registration is for an indefinite period. If the Talent wishes to be deregistered from the database, the Talent must report this in writing to LC via e-mail or via the Talent's profile in the database, after which LC will proceed to remove the Talent's data within fourteen days insofar as LC is under no obligation to keep this data.
2.2 The Talent will ensure that the information in the database remains up-to-date and will promptly report changes in appearance, address, or availability to LC.
2.3 The Talent derives no claim whatsoever against LC from Registration.
2.4 Registration does not impose an obligation on the Talent to accept assignments. LC is always entitled to remove a Talent from its database without prior notice.
2.5 Photo and/or video material provided by the Talent upon Registration will only be used by LC for booking purposes and its own marketing activities. The Talent consents to this use.
Article 3: Booking
3.1 Every invitation from LC to a Talent to apply for an assignment is without obligation, and the Talent can derive no rights from that invitation.
3.2 The Talent commits upon Booking to possessing all required documents necessary for the work, including, but not limited to: BSN number, valid passport or ID card, and any residence and work permits.
3.3 If the Talent is a minor at the time of Booking, a parent or legal representative must sign the Booking on his/her behalf or confirm it in writing.
3.4 Verbal (including telephone) agreements as well as agreements with the Talent via e-mail or WhatsApp bind the Talent.
Article 4: Fee and payment
4.1 The Fee includes the hours worked and the use of all photo, video, or audio material resulting from the Performance. Therefore, no buyout or buy-out is paid unless otherwise agreed between LC and the Talent.
4.2 The Fee for the Talent is exclusive of VAT, travel expenses, and any other expenses. Payment of the Fee takes place by means of transfer to the bank account specified for that purpose by the Talent. Lukkien does not make payments in cash.
4.3 The Talent ensures that an invoice is sent to LC for the Fee as well as for any travel expenses, or that a receipt is sent to LC for this purpose. At LC's request, the Talent will submit the receipt in accordance with the format provided by LC for that purpose. Invoices can be emailed to the following email address: facturen@lukkiencasting.com for the attention of LC.
4.4 LC applies the statutory payment term of 30 days after receipt of the invoice for processing payments and invoices. LC reimburses the Talent's travel expenses based on substantiation. This reimbursement amounts to €0.25 per kilometer traveled when using own transport, or the actual costs of public transport (based on second class). Alternative transport (such as taxi or first class) is not reimbursed. If the Talent is a minor, LC reimburses the travel expenses for one supervisor in the same way.
Article 5: Performance
5.1 The Talent makes every effort to carry out the assignment carefully, to look after the interests of LC, the Client, and the End Client to the best of their knowledge, and to strive for a usable result.
5.2 The Talent will follow the reasonable instructions of the director, photographer, stylist, or other involved parties. If the Talent does not follow these reasonable instructions, the Talent shall only be entitled to payment of the Fee if the Performance was nevertheless successful and the produced photo, video, or audio material is published.
Article 6: Cancellation and absence
6.1 The Talent is not permitted to cancel an assignment with LC within forty-eight hours before the start of the Performance of the assignment. If the Talent cancels the assignment within forty-eight hours before the start of the Performance or does not appear without cancellation, the Talent will forfeit a fine to LC equal to half of the agreed Fee.
6.2 In deviation from the provisions of article 3.1, the Talent is permitted to change his availability with regard to the Performance of the assignment in the event of a force majeure situation, provided that this change takes place at least 24 hours before the Performance of the assignment so that LC has sufficient time to inform the Client.
6.3 LC can cancel the assignment with the Talent without costs up to 72 hours before the Performance of the assignment. If LC cancels the assignment within 48 hours before the Performance of the assignment, the Talent is entitled to payment of a portion of the Fee as follows:
a. cancellation less than 48 but more than 24 hours before Performance of the assignment: 50% of the Fee;
b. cancellation less than 24 hours before Performance of the assignment: 100% of the Fee;
6.4 The provisions of article 3.4 do not apply to a fair-weather Booking, for which the Talent is not compensated in any way upon cancellation of a fair-weather Booking.
Article 7: Liability
7.1 LC is exclusively liable for direct damage attributable to it. Direct damage exclusively means:
a. reasonable costs to determine the cause and extent of the direct damage;
b. any reasonable costs necessary to repair LC's defective performance;
c. reasonable costs incurred to prevent or limit the direct damage, insofar as the Talent demonstrates that these costs have led to a limitation of the direct damage.
7.2 Any liability of LC for indirect damage, including but not limited to consequential damage, lost profit, damaged or lost data or materials, and damage due to cybercrime, is excluded.
7.3 Any liability of LC towards the Talent is limited to a maximum of the amount paid out according to LC's liability insurer. If, for any reason, the liability insurer does not proceed to pay out, LC's liability is limited to an amount of twice the height of the agreed Fee or, if higher, EUR 5,000, excluding any agreed additional (travel) costs.
7.4 The Talent commits to being covered by third-party liability insurance (WA) during the Performance and to having and maintaining a liability insurance policy. LC accepts no liability whatsoever towards the Talent in this regard. LC will in no way be liable for loss of or damage to the personal properties of the Talent.
7.5 The Talent indemnifies LC against all liability that the social security agency, Tax Authorities, or third parties (including the Client) would assert against LC as a result of entering into or the Performance of the assignment by the Talent. The Talent is solely liable for taxes and contributions such as, but not limited to, wage tax, the income-related healthcare insurance contribution, and social security premiums.
7.6 For accidents, (permanent) disability, and death of Talent on the way to/from the recording location and during the Performance of the assignment, LC is liable neither towards Talent nor towards third parties (including the Client), except in the case of intent or gross negligence by LC.
7.7 The limitations in this article do not apply insofar as there is intent or gross negligence on the part of LC.
Article 8: Mutual provision of information
8.1 LC informs the Talent about the duration of the Performance of the assignment, whereby the Talent must always take possible overrun into account. It is possible for Talent to charge the overtime worked, in consultation with LC. A rate per hour equal to the Fee divided by the number of booked hours can be charged for this.
8.2 LC informs the Talent about the time, location, dress codes, and the bringing of attributes or other items required for the Performance of the assignment.
8.3 The Talent informs LC prior to acceptance of the assignment if the Talent has performed work in the past three years for or with regard to a similar company or product as that to which the assignment relates.
8.4 The Talent informs LC about tattoos, piercings, allergies, or other matters relevant to LC and the Performance of the assignment.
8.5 Talent keeps his profile up-to-date with regard to personal data, clothing sizes, and photo material so that LC can ensure proper Performance of the assignment.
8.6 If the Talent does not comply with the information obligations as included in this article, LC is entitled to deduct costs resulting therefrom from the Fee.
Article 9: Professional attitude
9.1 A professional attitude is expected from the Talent with regard to the Performance of the assignment. This includes, among other things, that the Talent does not bring family, friends, children, or (pets) to the set, unless otherwise agreed with LC. When children or animals are booked, a supervisor may come along, unless otherwise stated by LC.
9.2 LC assumes that the Talent is present independently and on time at the agreed location, fully prepared and in accordance with the agreements made. The Talent is aware that waiting times can occur during recording days and makes no objection to this.
9.3 The Talent declares that in the period between the first contact with LC about an assignment, it will not perform any actions leading to significant changes in appearance until the Talent has been informed whether a Booking for the assignment will be made, unless this has been coordinated in writing in advance with LC. If a Booking is made, the aforementioned obligation will remain in force until the Performance is completed.
9.4 The Talent ensures to be easily reachable at all times for communication regarding the Performance of the assignment.
9.5 After applying for an assignment, the Talent remains available for its Performance until LC communicates whether or not the Talent has been booked.
9.6 The Talent will refrain from any behavior, both direct and indirect, that could damage or discredit the good name, reputation, or network of the Client or the End Client.
9.7 During or after the Performance of the assignment, the Talent will not share text, audio, photo, and/or video material in any way without the express permission of LC.
9.8 Furthermore, the Talent will not publish any material in which LC, the Client, and/or the End Client, their products, or the production is mentioned or shown in any form, unless prior written permission has been obtained from LC for this purpose.
Article 10: Non-solicitation clause
10.1 From the moment of Registration, the Talent and the Client and/or End Client are not permitted, without explicit written permission from LC, and without approval and without LC's knowledge, after having once been brought into contact with each other by LC, to approach each other directly or indirectly or to contract with each other or enter into any agreement.
10.2 The provisions in paragraph 1 of this article remain applicable for one (1) year after the end of the Performance of the last assignment for the relevant Client and/or End Client in which the Talent was involved or, if the Talent was not involved in the Performance of an assignment for the relevant Client and/or End Client, for one (1) year after the Talent and the Client and/or the End Client were brought into contact with each other.
Article 11: Intellectual Property
11.1 Photo and/or video material provided by the Talent becomes the property of LC upon Registration, unless otherwise agreed.
11.2 Talent is not permitted to copy, reproduce, offer, distribute, transfer, make available to third parties, process in other documents or materials, or otherwise publish and reproduce the result resulting from the Performance of the assignment, the website of LC, the Client, or the End Client or (parts of) the content thereof, without written permission from LC, other than as permitted in this agreement.
11.3 The Talent does not obtain any Intellectual Property Rights with regard to the results of the Performance of the assignment by the Talent. These results may be used royalty-free by LC and the (legal) persons designated by LC worldwide for an unlimited time, unless otherwise agreed between LC and the Talent.
11.4 Without prejudice to the provisions of article 8.3, during and after the end of the assignment, the Talent will provide all cooperation for (and have executed) the allocation and transfer of the intellectual property rights to LC or, at LC's choice, to a third party, for the establishment and maintenance of these intellectual property rights, the waiving of personality rights, and the granting of permission for the use of the Talent's portrait, which in any case includes making registrations and notifications and signing (further) deeds or statements (or having them signed).
11.5 Insofar as the law allows, the Talent hereby waives:
a. all personality rights with regard to the results of (the Performance of) the assignment, including the personality rights based on articles 25 and 45e of the Copyright Act, article 5 of the Neighboring Rights Act, and/or any equivalent thereof;
b. any rights based on article 45g of the Copyright Act and/or any equivalent thereof; and
c. any right to object based on a reasonable interest based on articles 19 to 21 of the Copyright Act and/or any equivalent thereof. the personality rights mentioned in article 25 of the Copyright Act.
11.6 LC is in no way bound to provide the Talent with image material of an assignment performed by the Talent.
Article 12: AI (Artificial Intelligence)
12.1 The Talent acknowledges that image or audio material obtained during the assignment can be edited or supplemented with the help of AI tools. Insofar as this falls within the original scope of the booking confirmation, the Talent grants permission for this.
12.2 If the material is used for generating an AI model or applications that fall outside the original scope of the booking confirmation, prior written agreement from the Talent is required for this.
12.3 For use as described in paragraph 12.2, a suitable additional fee to be determined further will be agreed between the Client and the Talent.
Article 13: Confidentiality
13.1 The Talent is obliged to maintain confidentiality regarding:
a. everything that becomes known to the Talent in the Performance of the assignment about LC, the Client, the End Client, or their relations in the broadest sense of the word, of which the Talent knows or should know that it concerns confidential information;
b. every invitation from LC to the Talent to apply for an assignment as well as the existence of that assignment;
c. the content of an assignment performed or to be performed, until the result of the Performance of the assignment has been made public by or on behalf of the End Client;
d. the Fee agreed for the execution of the assignment;
e. any disputes arising from (the Performance of) the assignment insofar as sharing the information is not required for settling that dispute.
13.2 The provisions in article 13.1 are also applicable on the set during the Performance insofar as sharing information is not required for that Performance.
13.3 The Talent is not permitted to mention trade, brand, and/or company names or to refer thereto in a direct or indirect manner during the Performance of the assignment, except upon express request to that effect from LC or the Client.
13.4 The obligations from this article remain in force even after the end of the assignment.
13.5 Upon violation of the obligations as included in article 13.1a, 13.1b, or 13.1c, the Talent is liable to LC for an immediately payable fine in the amount of EUR 5,000, without prejudice to LC's right to claim damages.
13.6 Upon violation of the obligations as included in article 13.1d or 13.1e, the Talent is liable to LC for an immediately payable fine in the height of half of the Fee.
Article 14: Other provisions
14.1 If a provision of these General Terms and Conditions or the assignment given to the Talent is judged to be invalid or unenforceable, the remaining provisions of these General Terms and Conditions will remain fully in force. LC and the Talent will in that case enter into consultation and replace the invalid provision with a valid, enforceable provision that most closely corresponds to the purpose and intent of the original provision.
14.2 LC has the right to adjust, supplement, or remove parts from these General Terms and Conditions at any desired time and without prior notice. Changes will be announced to the Talent in writing or by e-mail. They will take effect one (1) week after announcement.
Article 15: Applicable law & disputes
15.1 Dutch law is exclusively applicable to these General Terms and Conditions and to all legal relationships between the Talent and LC. Any disputes arising from any legal relationship between LC and the Talent will be settled by the competent judge of the Gelderland District Court, Arnhem location.
