The purpose of this contract is to be a Framework/Agreement of the professional relation between Thomas Kasteel, who represents freelance artists and those clients interested on the services rendered by the people he represents.
The professionals represented by Thomas Kasteel (herein and after, TK) are artists of professional areas such as hair, make-up, clothing/fashion styling and props styling, herein and after “ARTISTS”. The professional relation between TK and the ARTISTS, is of mediation.
The client requiring from now on the mediation services of TK will be known as “CLIENT”.
TK will act commercially under the trademark Kasteel+Agent.
All agreements between TK and the CLIENT shall be governed by this Framework/Agreement and the Budget/Proposal specifically agreed by both parties in each specific work. This agreement complements what was agreed in the Proposal. Should the Proposal differs or contradicts what was established in this agreement, the parties will be bound by what was specifically agreed on the Proposal.
Should the CLIENT whish to propose a modification over the contractual conditions of the ARTIST, this should be specifically approved by TK.
Options: Options are defined as bookings for services to be made on a specific date and time. They equally bind TK and the ARTIST. The Option will be cancelled when a booking can be confirmed by a third party and the potential CLIENT, which had the Option, could not abide to it for the agreed period.
Booking confirmed: once the booking has been confirmed in writing, TK and the ARTIST shall carry out the services as agreed on the proposal. The CLIENT shall give, at least, a 48-hour prior notice in writing in case the confirmed booking cannot be carried out completely or partially; otherwise, the ARTIST shall receive the total amount of the agreed fees. The Confirmed Booking will imply the complete agreement between the CLIENT and TK over all terms of the proposal.
A working day will be an eight-hour day, half day will be of four hours. Should the timetable be extended, additional days required for the production or it has to be repeated for circumstances not under the ARTIST control (e.g. bad weather conditions, lost luggage, delay on the handling of goods, not appearance of the model, changes on the script, etc.), he/she would be entitled to compensation for any additional service required, the amount due would be a reasonable percentage of the agreed fees before the beginning of the service. In this case, the additional expenses would be added to the agreed expenses already incurred.
TK is responsible for the effective communication between the parties, CLIENT and ARTIST, and for those compromises assumed with the proposal. TK would in no case be responsible of any breach of the ARTIST or CLIENT’S obligations.
Should the artist not be able to carry out the agreed services due to illnesses or fource majeur, the ARTIST and TK will undertake to do all reasonable efforts to find a guaranteed equivalent service. In such case, nor the ARTIST nor TK will be responsible for additional costs or damages that may eventually arise.
TK undertakes to ensure the CLIENT that the hired ARTIST is up to date in his/her payments to the National Health Service (Seguridad Social). For this reason, he/she will never be responsible of breaching the obligation of being up to date with his/her obligations of payment to the National Health Service, of his/her contract.
The CLIENT should pay in advance those third party expenses arising out of the service (purchase or rental of clothing material, hairdressing make-up, etc.). Once the service is completed, the ARTIST shall justify the expenses which will be agreed with the CLIENT. In case the ARTIST does not receive the foreseen amount on the agreed time, he/she will be relieved of guarantying that the agreed goods are available on a determined date.
Not foreseen expenses incurred during the performance of the agreed services (including, but not limited to, materials, goods, transport, accommodation, etc.) should be re-paid by the CLIENT once they have been duly justified.
If the booking is extended or modified, TK will be entitled to separately invoice the services additionally rendered, as well as for costs with third parties and expenses additionally incurred.
All fees and unforeseen expenses invoiced shall be subject to the tax regime in force in Spain at the time of emission of the relevant invoice.
All property rights and copyrights of the work samples will be owned by the ARTIST, including but not limited to, books, binders, photography, drawings, analog and digital multimedia works. The work samples handed by the ARTIST should not be reproduced nor be accessible to third parties without the ARTIST prior consent. All work samples should be returned. The CLIENT has no right to keep them. The CLIENT will be responsible for any damages or losses of any of the available work samples.
The services performed by the ARTIST during the preparation, planning and shooting test period, should only be used for the preparation or as part of the test. The work performed during the planning or test period shall not be totally or partially reproduced, distributed or published (including third party usage) by any third party without the ARTIST’s prior consent. If the products are to be used for a different purpose, the service rendered by the ARTIST should be compensated separately.
The fees paid to the ARTIST cover usage and public exhibition terms. Rights to distribute, reproduce or publish the end-products created in cooperation with the ARTIST shall only be guaranteed once all the service fees are completely paid. Any usage of the end-products before payment of the agreed fees is expressly forbidden, safe previously agreed otherwise.
The ARTIST shall not be liable for any damages to the goods made available by third parties during the transport or performance of the service, safe in case of gross negligence of the ARTIST. The CLIENT will bear the risk of accidental losses and damages, once the goods to be handed to him are handed over to the person in charge of carrying them. This principle will also apply if the ARTIST carries the goods himself. The CLIENT shall insure the goods against robbery, damages, losses, etc. Additionally, the CLIENT shall sign up material and personal damages insurances.
The CLIENT will immediately, after its use, return the goods available to the ARTIST or person/company designated by him/her. The CLIENT shall be liable for any risks and expenses. If the CLIENT infringes this obligation, he/she shall be liable for any possible damages. Should the goods cannot be returned or are lost by any reason not attributable to the gross negligence of the ARTIST, the CLIENT shall run with the arising/incurred replacing costs.
Once the required services are rendered, the ARTIST like any other assistant shall only be liable for gross negligence.
The ARTIST cannot guarantee that the chosen goods from the selection of goods needed to perform the service, are available on the date of performance or during the said period, due to third parties.
The ARTIST shall not be responsible to verify the copyrights or to obtain the relevant rights arising out of the usage of the goods. The CLEINT will be responsible for all that.
The CLIENT should declare any disagreement immediately after all the required services have been rendered by the ARTIST. On the contrary, the services would be considered to be rendered as agreed.
The ARTIST will be entitled to use photographs, any other analog or digital means, as well as printed or copied reproductions of the performed works of self-promoting purposes, included and not limited to, mailings or internet publications or to be used as sample works.
Terms and conditions of this agreement can only be modified in writing.
This Framework/Agreement will be submitted to the Spanish Tribunal because the competent authorities are those of the place where the ARTIST habitually carries out his/her services. Likewise, any service rendered outside Spain will be governed by Spanish law and submitted to the Spanish Courts.
The Spanish language version of this Framework/Agreement shall be the version used in the event any dispute arises hereunder. The English translation shall not be used by the parties or any court when interpreting these terms and conditions.
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