TERMS & CONDITIONS FOR STAFF & CREW

Please read this Agreement carefully as it sets out your rights and obligations with respect to use of the services provided by Production Operations Limited T/A The Production People and Casting Ireland. This is a legal Agreement between you (the “Talent”) and Production Operations Limited (The Production People). By joining The Production People talent pool, you agree to the following Terms and Conditions (T&C’s). If you do not agree to any of these points, please do not register with The Production People.

The Production People reserves the right to amend these Terms and Conditions at any time and at its sole discretion and without notice to the Talent.  Any such revision will be binding and effective immediately on posting of notification of such changes on the web page:

https://www.productionpeople.ie/termsandconditions/

At The Production People, we pride ourselves on maintaining the highest standards of quality within our Staffing Team and within the pool of Talent which we represent. As a result, our clients can feel confident that our Talent are reliable, trustworthy and a valuable addition to their projects and their organisations.

We work collaboratively with our Talent with genuine care, and we at The Production People promise to be honest, respectful and professional at all times. In return, in registering as a Talent of our talent pool, the following terms and conditions apply to all Talent of The Production People whether the Talent has signed up online, via a production, via the phone or any other method.

Registration

1. All information provided on the Talent application and/or to any Talent of The Production People must be truthful.
2. In compliance with Irish Employment Laws, the Talent must be in possession of a valid PPS number, and a valid Irish working Visa (if applicable) to register and work with us. If you are a Sole Trader or Independent Contractor, you must provide a valid tax certificate.
3. Your details will remain on The Production People database, hosted by Mainboard, until you request us to remove your details via phone or email. We will do so immediately when requested.
4. Under 18’s are not permitted to register for work with The Production People.

CVs and Resumes

1. On registration the Talent is required to upload or submit a CV or Resume. It is compulsory to do this. All documents are checked on submission to verify the Talent’s identity and suitability in joining The Production People talent database.
2. The Talent’s CV/Resume must be submitted as a Word document or as a PDF. Personal contact details should not be included on this document, and it is the Talent’s responsibility to ensure that.
3. The Production People reserves the right to reject or remove any CVs/Resumes that do not comply with these Terms or where we judge the document not to be of a good standard.
4. The Talent always agree that the CV/Resume on their account is an up-to-date representation of their current background and experience.
5. The Talent also agrees to update their CV/Resume every twelve months.

Availability Checks & Job Offers

1. The Talent are never obliged to accept the jobs The Production People may offer them. However, the Talent are obliged to respond to any availability checks which are received in a timely fashion. Responses can be by email, text, call or by accepting or declining the offer by clicking the correspondent buttons.
2. It is the Talent’s obligation to ensure that the information that The Production People has on file for them is always up to date, so that The Production People and their clients can be sure of the Talent’s job suitability.
3. The Production People’s decision to offer the Talent employment considers the personal information the Talent provided on the basis that it is correct and complete. In the event of such information proving to be untrue or misleading, The Production People reserves the right to terminate any employment contract offered with the Talent.
4. Understandably, project and shoot details are strictly confidential and the Talent must not disclose internal information to any media including newspapers, social media and blogs.

On the job

1. It is the Talent’s responsibility to arrive on time, with any uniform or equipment they have been requested to bring.
2. Photographs and videos while working are prohibited, unless agreed to by the Client.
3. The Talent is responsible for any equipment provided to them while working. If something is lost or damaged while in their possession, the Talent will be required to pay for it, and this may be deducted from their wages.
4. If, for any reason, the Talent can no longer attend a job for which they have been booked and confirmed, the Talent must inform The Production People immediately so that a suitable replacement can be found. Failure to do so will result in the Talent being removed from The Production People database.
5. If the Talent is engaged for a day by The Production People, the Talent is strictly prohibited from consuming alcohol or taking non prescribed drugs a minimum of 12 hours prior to the shift or during the shift. If the Talent is taking prescribed medication which may have an impact on their performance, they must notify The Production People at least 24 hours prior to the shift.
6. The Talent is required to complete and submit timesheets detailing their daily hours of work and rest breaks taken as directed in order to ensure that they receive the correct payment. Incorrectly completed, or late submissions of timesheets may result in incorrect or delayed payment of wages. Deliberate falsification of timesheets will be regarded as a disciplinary offence and may lead to the Talent’s summary dismissal.
7. The Talent’s break entitlements:
   
   

– A daily rest period of 11 consecutive hours per 24-hour period

– A weekly rest period of 24 consecutive hours per seven days, following a daily rest period

– A 15-minute break where more than 4½ hours have been worked

– A 30-minute break where more than 6 hours have been worked, which may include the first break

Payment for breaks is not a statutory entitlement.

Dismissals

The Production People’s clients may dismiss the Talent from a shift for any of the following reasons:

1. Arriving late, and/or not bringing the correct equipment.
2. Not adhering to the brief, including but not limited to turning up late or not bringing the correct equipment.
3. Being disruptive, rude or not following direction.
4. Being under the influence of drugs or alcohol. The Talent is permitted to use prescribed drugs where the use of such does not affect fulfilling their duty on the job.
5. By acting in such a way that the safety of others may be hampered

If the Talent has been dismissed for any of the above reasons, they may not be entitled to receive payment for the day. Where it is shown that the Talent did work for a period of the day, they will only be entitled to a maximum payment of the minimum wage for hours worked, or part thereof.

Removal From Database

-The Production People

1. If The Production People receives complaints in relation to points above or actions which affect our reputation as a professional and reliable Agency, The Production People may delete the Talent’s information from our database of Talent.
2. The Production People reserves the right to solely decide to deactivate the Talent’ profile and account. The Production People will not enter into discussion as to why this decision was made and The Production People‘s decision is final.

-The Talent:

1. The Production People will consider the Talent for working opportunities in perpetuity unless The Production People receives a letter/email from the Talent requesting otherwise.
2. As soon as The Production People acknowledges the Talent’s request, The Production People will immediately delete the Talent’s information from their servers.

Warranties

1. Use of The Production People’s services is at the Talent’s own risk. The Production People and its business associates provide services on an “as is,” basis without warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or that The Production People services are free from defects, merchantable or fit for a particular purpose.
2. This disclaimer of warranty constitutes an essential part of this agreement. The Production People makes no warranty that the services will meet Talent’s requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does The Production People make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected.

Criminal Convictions

If the Talent has a criminal record prior to becoming a Talent of The Production People or while they are a Talent of The Production People, the Talent must immediately inform The Production People in writing by using the Registered Post service provided by the An Post service and addressed to: The Managing Director, The Production People, Velford House,11 Merrion Square North, Dublin 2, Ireland.

This letter should state the following:

(a) you have a criminal record and the nature of the criminal record including dates of convictions; and

(b) the Talent’s contact details.

The Production People will acknowledge their letter within seven working days of receipt. This letter from The Production People will be deemed as the only proof that The Production People has received their letter, and that the Talent has complied with this clause.

In the event of the above, if the Talent’s criminal conviction is deemed that it could result in bringing The Production People or that of the Companies that use The Production People’s services either directly or indirectly into disrepute, the Talent’s account will be deactivated.

The Production People reserves the right to solely decide to deactivate your account. The Production People will not enter into discussion and The Production People decision is final.

Data Protection

1. The General Data Protection Regulation (GDPR) and the current Data Protection legislation regulate The Production People’s use of the Talent’s personal data. As an employer it is The Production People’s responsibility to ensure that the personal data from the Talent is processed in accordance with the required principles. Any data held shall be processed fairly and lawfully and in accordance with the rights of data subjects.
2. The Production People will process data in line with their privacy notices in relation to both job applicants and employees.
3. The Talent has several rights in relation to their data. More information about these rights is available in our “Policy on your rights in relation to your data” upon request. The Production People commits to ensuring that the Talent’s rights are upheld in accordance with the law and have appropriate mechanisms for dealing with such.
4. The Production People may ask the Talent for consent for processing certain types of personal data. In these circumstances, the Talent will be fully informed as to the personal data we wish to process and the reason for the processing. The Talent may choose to provide or withhold their consent. Once consent is provided, the Talent are able to withdraw consent at any time.
5. The Talent are required to comply with all company policies and procedures in relation to processing data. Failure to do so may result in disciplinary action up to and including dismissal.

Clients’ Premises

1. Whilst visiting or working at any of The Production People clients’ premises, the Talent must ensure that they are aware of and strictly comply with all the rules and requirements e.g., security, health and safety, smoking, parking, etc.

Closed Circuit Television (CCTV)

1. Closed circuit television (CCTV) cameras might be used on The Production People client premises for security purposes. Notwithstanding this express purpose The Production People reserves the right to use any evidence obtained through CCTV in any disciplinary issue.
2. The Production People will ensure all personal data obtained in this way is processed in line with the current Data Protection Legislation. The Talent may refer to the employee privacy notice on their employee handbook for more information on the data The Production People holds, the reasons they hold it, and the lawful basis which applies.

Payments

1. The Talent agrees that they have the skills or abilities that are required to carry out an assignment if they have agreed to that assignment. If it transpires that the Talent does not have the skills or abilities to carry out the assignment, they will not be entitled to the fees that were outlined for the assignment.
2. The Talent may be entitled to a cancellation fee if they are cancelled when they have been fully booked for a shift, if the cancellation is within 12 hours of the call time – fully booked includes being given a call time and location.

Service Supply

1. The Production People reserves the right of sole discretion to modify or discontinue the services offered by The Production People, or any portion thereof, at any time, with or without notice to the Talent.
2. The Production People shall not be liable to the Talent or any third party should The Production People exercise its right to modify or discontinue the services offered by The Production People.

Health & Safety in the Workplace – Accident Waiver and Release of Liability Clause

In accordance with the Health & Safety in the Workplace Act 2005, the health and safety obligations in the workplace is the sole responsibility of the third party that engages the Talent (generally, but not limited to, the Production Company, broadcaster, agency).

1. The Talent agrees to indemnify, hold harmless, and promise not to sue The Production People and its/their respective Directors, Employees, Servants, Representatives, Agents, Licensees, Invitees, and all other persons duly authorised by them, from and against all actions, claims, costs, expenses, damages, liabilities and demands arising directly in connection with any work obtained either directly or indirectly through The Production People.
2. The Talent agrees to waive, release and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of The Production People, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur, including travelling to and from any work either directly or indirectly obtained through The Production People and/or their respective Directors, Employees, Servants, Representatives, Agents, Licensees, Invitees, and all other persons duly authorised by them.
3. The Talent certifies that they are physically fit, have sufficiently prepared or trained for participation in any work that is obtained either directly or indirectly through The Production People.
4. The Talent acknowledges that any work obtained either directly or indirectly through The Production People may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people.
5. The Talent consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during any work directly or indirectly obtained through The Production People, at your expense.
6. This Accident Waiver and Release of Liability Clause shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

Use of the Service

1. The Production People accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through the Talent’s use, or misuse, of The Production People’s services.
2. The Production People does not grant any express or implied right to the Talent in any intellectual property rights or secret information held on its servers or belong to The Production People.

Notices

1. All notices to the Talent shall be in writing and shall be made either via online announcements, e-mail, text message, WhatsApp message, or conventional mail.
2. The Production People may broadcast notices or messages through the website, productionpeople.ie, or through the email address on a Talent Account or advising that the Talent should review these Terms and Conditions sent to the Talent by email, such broadcasts shall constitute notice to the Talent.
3. It is the responsibility of the Talent to ensure that they have a valid email address and phone number on their account so that they can receive these notices.

Confidentiality

All information that:

1. is or has been acquired by the Talent during, or in the course of their employment, or has otherwise been acquired by the Talent in confidence,
2. relates particularly to The Production People business, clients or that of other persons or bodies with whom The Production People have dealings of any sort, and
3. has not been made public by, or with our authority, shall be confidential, and (save in the course of our business or as required by law) you shall not at any time, whether before or after the termination of the Talent employment, disclose such information to any person without The Production People written consent.

1. The Talent are to exercise reasonable care to keep safe all documentary or other material containing confidential information and shall at the time of termination of your employment with us, or at any other time upon demand, return to us any such material in your possession.
2. The Talent must make yourself aware of our policies on data protection in relation to personal data and ensure compliance with them at all times.

T&C’s Governed by the Laws of Ireland

These standard T&Cs shall be governed and construed in accordance with the laws of the Republic of Ireland. These T&C’s supersede all previous revisions. The Production People and the Talent acknowledge that no partnership has been created by the arrangements set up by The Production People in respect of the Database and that The Production People may assign the benefits of and obligations under this Agreement to a Third Party.

The Production People retains the right, at its sole discretion, to determine whether or not the Talent’s conduct is consistent with the letter and spirit of the T&C’s of registration and may terminate the Services of the Talent if The Production People determines at its sole discretion that the Talent’s conduct is inconsistent with the T&C’s of registration. This is subject to the Laws of the Republic of Ireland.

This Agreement constitutes the entire understanding between the Talent and The Production People with respect to the subject matter hereof. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

The Production People shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond the reasonable control of The Production People. Except as described herein, the Talent may not assign this Agreement without The Production People’s consent.

If you do not agree to all of these Terms and Conditions, please do not register with The Production People.

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