Dance and Movement for the Advertising and Film Industry
TERMS AND CONDITIONS ‘THE MOVERS’
“The Movers Dance for Film B.V.”, having its registered office at Peperstraat 30 (3961 AT) Wijk bij Duurstede, The Netherlands and registered at the Chamber of Commerce, registration number 88710750, hereafter called ‘The Movers’ mediates and selects professional Dancers on behalf of Clients, hereinafter referred to as “Dancer(s)". The Movers also provide other services such as choreography and movement direction, assistants, advice, research and consultancy, casting and booking, rehearsing, briefing and supervision.
Unless expressly agreed otherwise in writing, the following general terms and conditions apply in all cases where the services of The Movers are used.
ARTICLE 1: GENERAL
These terms and conditions form an integral part of all offers from, assignments to and agreements with The Movers and third parties, Client and Dancer (Dancers, models, choreographers, actors and extra’s). Providing a (follow-up) assignment (booking) to The Movers implies acceptance of these terms and conditions. These general terms and conditions prevail over any general terms and conditions used by Client. Deviations from and exceptions to these terms and conditions are only valid if agreed in writing by the parties. These terms also apply to all agreements between The Movers and the Dancer. Deviations from the Terms and Conditions are valid only when they are made by written agreement between the Client and The Movers or between the Dancer and The Movers.
ARTICLE 2: OPTIONS AND BOOKINGS
The booking confirmation sent by The Movers to the Client is binding on all parties. The booking confirmation will be drawn up by The Movers and signed for approval or approved by email by the Client. Options on Dancers must be confirmed within at least three working days before the start of the booking (shooting) to be effectuated. An option has to be converted into a definite booking or cancelled to avoid cancellation costs. Bookings are (always) given priority over options. The first entrant will be given the opportunity to convert his option into a booking before the second entrant's booking is effectuated.
ARTICLE 3: FORCE MAJEURE
Illness of a Dancer at the time of booking is force majeure. In this case, The Movers will make every effort to arrange an adequate replacement. In the event that a Dancer is not present at the agreed location at the agreed time due to other circumstances of a private nature, The Movers will also make every effort to arrange an adequate replacement. The Movers is not liable for damage suffered by the Client in case of a Dancer being unable to fulfil his/her commitment.
ARTICLE 4: RATES
The rates are determined in consultation between The Movers and the Dancer on the one hand and The Movers and the Client on the other. The Client has the choice to book the Dancer at the following work rates: a daily rate, half-day rate or per hour.
Daily rate: A full day consists of 8 consecutive hours available to the Client for photography and 10 hours for film (including breaks), between 7.00 and 22.00 from call to wrap. These hours are including fittings and make-up.
Half day rate: A half-day consists of 4 consecutive hours for photography and 5 hours for film, in any case falling between the aforementioned hours from call to wrap. These hours are including fittings and make-up. Parts of an hour are always rounded up to a whole hour.
In addition to the negotiated rates The Movers calculates surcharges for the following:
1. Work between 22.00 and 07.00 hours. The Night rate per hour is 150% of the regular hourly rate
2. Usage right/ buy-out; depending on media, region and period of use.
3. Travel expenses based on 0,35 ct p/km or second class public transport. The travel expenses will be calculated from home of the Dancer or Choreographer to the location.
4. Make-up or preparation time before the shoot: if Dancer or Choreographer is required to be present on set before 07.00 a surcharge will be agreed on.
5. If shooting requires overtime, a surcharge of a minimum of 150% per hour based on the hourly rate will be calculated and added to the invoice as additional work.
6. If the turnaround is less than 10 hours, each hour less than the 10 hours of rest time will be charged at 150% of the hourly rate.
The Client has a written obligation to report to The Movers with every change and/or adjustment and/or conversion of the agreement, whereby Dancer and/or the material and/or the publication rights are used differently than agreed in writing. The amended agreement must be signed in agreement or approved by email by the Client and The Movers.
All prices exclude an agency fee (20% over fees of all booked staff including rehearsals, shoot, overtime, usage and buyout fees) and VAT which will be added to the final invoice. Depending on the booking, additional charges such as choreography research fee, casting research fee or photo/video proposition fee may be calculated before, during or after the agreement.
ARTICLE 5: SPECIAL RATES AND SUPPLEMENTS
Special rates apply in the event of overtime (work outside the agreed time). The Client will request the then applicable rates for overtime from The Movers before the overtime starts. For productions abroad, per diem allowances will be made available by the production if the production does not arrange meals.
For special uses (e.g. exclusivity, use of the recording(s) in more than one country or use of the recording(s) for a period exceeding one year from the date of recording) or special recordings (e.g. film, television and/or video recordings, commercials or shows) are subject to surcharges to be agreed upon. The surcharges for special use or special recordings are always recorded in writing. In the absence of a written record, the surcharge will be determined by The Movers according to the then applicable rates. If any surcharge is due per calendar year, month or other term, the Client must pay the entire applicable surcharge, even if the relevant image(s) of the Dancer(s) are not used for the entire term.
The Movers can offer discounts to the Client. Discounts are always subject to certain conditions. If no conditions are stated in the quotation, the following conditions apply:
a. Discounts on hourly rates do not apply to additional work or changes to the assignment.
b. Discounts expire in case of full or partial cancellation of the assignment.
c. Discounts expire in a total rights buy-out.
d. Discounts expire if the Client does not or not fully comply with one or more agreements.
e. Discounts always expire if the Client fails to fulfil or fully comply with its payment obligation.
ARTICLE 6: TRAVEL TIME ALLOWANCE
For travel times longer than one hour, half of the agreed hourly rate will be charged pro rata. For assignments abroad, 50% of the day fee will be charged.
ARTICLE 7: TRAVEL EXPENSES
Unless otherwise agreed in writing in advance, the total travel costs, either by public transport or calculated on the basis of the use of dancer’s own car on the basis of the applicable ANWB rate, from place of residence to workplace, will be charged on to the Client. If work has to be performed abroad, the Client must pay the full travel and accommodation costs owed in advance. Travel costs for foreign Dancers are determined in consultation. The VAT is also calculated on all travel costs.
ARTICLE 8: USAGE AND EXCLUSIVITY RIGHTS
The Client is not allowed to use the material other than the previously agreed use with The Movers. Longer use of image rights/repeat fees can be obtained by a financial compensation and with the consent of The Movers. If additional usage rights are added after the shoot/ after the original agreement, The Movers have the right to decide on behalf of the Dancer whether or not to agree to the proposed conditions. The Dancer has no right to later revoke their permission or demand compensation even if the original agreement has been modified. The Movers will do their utmost best to obtain fair compensation for the Dancer in case the usage is expanded.
The Movers reserve the right to use any images created within an agreement between Client and The Movers for promotional activities on their website and social media channels.
The Client has no exclusivity rights to Dancer. If the Client so wishes, binding agreements about this must be made in writing with The Movers in advance, including the associated special rates.
If the permission referred to in the previous paragraphs has not been given, the Client will in any case owe The Movers and Dancer the following damages, expressed in percentages of the total amount of the assignment, in the case of:
a. use within Europe (outside the Netherlands): 100% per country.
b. use outside Europe: 200% per country.
c. use in another medium: 200% per medium.
d. use for a longer period: 200% per year, with a minimum of one year, per year.
The damages under a to d can be passed on cumulatively and are immediately due and payable from the moment of any unauthorized use without the need for a notice of default. The compensation does not affect the right of The Movers to take all legal measures against the Client that the (copyright) law offers it, including seizures and judicial prohibitions.
If the Client makes agreements in any way with third parties regarding the use of material referred to in the above conditions, the duration of that agreement will not exceed the duration of the agreement concluded by the Client with The Movers and Dancer, unless The Movers has given prior written permission.
In the event of violation of the above the Client forfeits an immediately due and payable fine of five times the invoice amount in favor of The Movers, without notice of default being required. In addition to the fine referred to in this article, the Client remains fully liable to The Movers for damages in respect of violations of this article. The Client undertakes vis-à-vis The Movers, in return for a fine of five times the invoice amount, to include a penalty clause in an agreement to be concluded with third parties, as referred to in this article, in the event that this third party or parties the Client makes/make use of the material after the agreement concluded with the Client has been terminated.
ARTICLE 9: LIABILITY
The Movers is neither liable towards the Client nor towards Dancer or Choreographer for any damage and/or costs of any (physical) nature whatsoever, except as a result of intent and gross negligence, which arise during working hours or in connection with activities. The Client and the Dancer or Choreographer expressly indemnify The Movers against any claim by or on behalf of third parties.
The Movers is neither liable for any damage suffered by the Client or third parties, which Dancer/ Choreographer inflicts during the assignment, nor which may have arisen if Dancer /Choreographer performs poorly. Dancer's incapacity for work as well as all other circumstances that constitute force majeure for Dancer also count as force majeure for Choreographer and for The Movers. The Movers is obliged to inform the Client of the aforementioned circumstances without delay, as soon as it has been informed thereof itself.
If Dancers or Choreographer are liable for any damage suffered by the Client and/or third parties on account of imputable non- compliance, this liability will be limited to a maximum amount equal to the amount of the fee, excluding any agreed surcharges, which the Client has agreed with regard to the assignment. The condition for the existence of any right to compensation is always that The Movers has been informed in writing by the Client as soon as possible after the damage has occurred, but at the latest within 8 days.
The Client and the Dancer/Choreographer indemnify The Movers against all claims that the tax authorities may wish to assert against The Movers.
The Movers is not liable for any damages, injuries or physical damages for Dancer/ Choreographer or Client that may occur during a rehearsal or shoot or while travelling to a location, whether incurred by accident or by appointment failure or partial failure by the Dancer to fulfil the booking. The Movers will, if applicable, assist in finding the best solution possible. The Client undertakes to be insured for liability during the (agreed) work. Dancers registered with The Movers are expected to take out a medical, personal injury and legal liability insurance for freelance (dance) professionals. The Movers do not provide insurance for a Dancer. Liability of The Movers for indirect damage, including consequential damage, lost profit, missed savings, loss of data, data files and damage due to business interruption, is expressly excluded. The liability of The Movers is, except for the services of The Movers as mentioned hereafter, in all cases limited to the amount that The Movers' insurance pays out in such cases, to be increased by The Movers' deductible. The regulation in this provision about liability also applies expressly to services such as choreography and movement direction, assistants, advice, research and consultancy, casting and booking, rehearsing, briefing and supervision. The Movers is not insured for her activity services, as described in this paragraph.
ARTICLE 10: CANCELLATIONS
For cancellation by the Client up to 72 hours before the agreed start of working hours, no costs will be charged in the event of an incidental booking. For cancellation between 72 and 24 hours before the start, the Client owes 50% of the agreed fee. For cancellation by the Client on site or within 24 hours before the start, the Client owes the entire agreed fee and all additional costs.
With multi-day bookings, the above applies as well. If no timely cancellation has taken place, the Client owes the full agreed fee and all additional costs.
Group bookings (more than one Dancer or others through The Movers) cannot be canceled unless otherwise agreed in writing.
The Movers is at all times entitled to cancel an order up to 48 hours before the start.
ARTICLE 11: PAYMENTS
The Movers will invoice the Client for their services and on behalf of the Dancer. The amount owed must be credited to the account number of The Movers within 14 days of the invoice date. Rates are always excluding agency commission of The Movers and VAT. If an advance has to be paid, the advance invoice must be paid immediately. In the event that the advance is not paid (on time), The Movers reserves the right to suspend the agreed booking. If the Client does not agree with the invoice, the Client can notify The Movers of this in writing within 8 days of receipt of the invoice. However, this does not invalidate the payment obligation.
ARTICLE 12: CONSEQUENCES OF NON (TIME) PAYMENT
On expiry of the payment term referred to in Article 11, the amount owed or the remaining part of the amount owed will be increased by an interest of 2% per month or part of a month, with a minimum of € 250. Failure to pay (on time) also has the consequence that rights granted to the Client, discounts and guarantees agreed with the Client are suspended or lapsed. Furthermore, all judicial and extrajudicial costs incurred by The Movers for the collection of a claim are for the account of the Client. Extrajudicial costs include all costs of summons and notice of default in addition to the disbursements and the fee of the person charged with collection by The Movers. The extrajudicial costs are set at 15% of the amount in principal and interest, plus VAT. In the event of any proceedings, the Client will also owe the costs of the proceedings, liquidated by judgment, as well as subsequent costs.
ARTICLE 13: ACCIDENTS
The Movers is neither liable towards Dancer nor towards Client and third parties for accidents, (permanent) disability or death of Dancer on the way to/from the assignment and during the assignment.
ARTICLE 14: CASTING DATA AND QUESTIONS
The Movers is not responsible towards Dancer, Client and/or third parties for any mention of incorrect data or minor differences in dimensions with regard to all statements concerning Dancer.
ARTICLE 15: APPROACH TO DANCERS/CLIENTS OUTSIDE THE MOVERS
The Client and the Dancer are not permitted to approach or contact each other without the approval and without the knowledge of The Movers. If this nevertheless happens, twice the amount will be owed to The Movers, which should have been paid if the contracts had been concluded via The Movers.
The Client is not allowed to make direct agreements with Dancer in relation to the services provided and the use of the material or for legal or financial affairs unbeknownst to The Movers. If the Client wishes to have the Dancer sign a contract for a particular project, the Client has to send the agreement/quitclaim to The Movers prior to the date of the shoot. Dancer does not have to sign a contract or quitclaim if these have not been sent and approved by The Movers first.
ARTICLE 16: CONFIDENTIALITY
During the term of this agreement and after its termination, parties undertake to maintain strict confidentiality with regard to everything that comes to their knowledge or has come to their knowledge about and in connection with each other's companies as well as their affiliated companies, the activities and relationships of each other, including the customers. Parties are obliged to treat this information in strict confidence and not to disclose it to third parties. The Movers take adequate measures against infringement of the confidentiality by Dancers and The Movers itself. All costs and damage on the part of The Movers, the Client and third parties that arise as a result, are fully for the account and risk of the Client. A shortcoming in the fulfilment of any obligation by the Dancers cannot be attributed to the Movers if The Movers have taken the necessary measures and precautions.
Article 17: FINE
If the Client violates the provisions of articles 15 and 16, he will owe The Movers an immediately due and payable fine of € 50,000 per violation and € 1,000 for each day that the violation continues, without prejudice to The Movers' right to full compensation (as well as loss of income).
ARTICLE 18: PUBLICITY AND AWARDS
In the event of publication and/or use of the delivered works and publicity in this regard, the Client will state the name of The Movers and the Dancer and/or Choreographer as creator or performer and entitled party.
The parties are allowed to send in the work made for assessment of prizes and festivals. The costs of participation are borne by/are at the expense of the party submitting the work. The prize money for Dance or Movement will be shared by Client, The Movers and Dancer(s) (where applicable, minus the participation costs).
ARTICLE 20: MODIFICATION OF THESE TERMS AND CONDITIONS
The Movers has the right to change the content of these terms and conditions at all times. All known customers of The Movers' services will be informed of this by means of forwarding or transfer of the conditions, unless this cannot reasonably be expected of The Movers.
ARTICLE 21: APPLICABLE LAW
All disputes arising from or in connection with the work performed or services rendered by The Movers will be assessed under Dutch law and will, unless otherwise stipulated by mandatory law, be adjudicated exclusively by the competent court in Amsterdam.
The Dutch law applies to these Terms and Conditions. The Movers reserves the right to change the Terms and Conditions.