General Booking Conditions
Registered in Amsterdam, The Netherlands, Chamber of Commerce registration number 78572746. Hereinafter referred to as ‘Thea Meulenberg Casting.’
1. Applicability of Conditions
These General Booking Conditions apply to all agreements between Thea Meulenberg Casting and third parties (hereinafter referred to as ‘The Client’) related to the provision of models and actors (hereinafter referred to as ‘Talent’) registered with and supplied by Thea Meulenberg Casting, unless otherwise agreed in writing.
Any deviation from these General Booking Conditions is valid only if agreed upon in writing between The Client and Thea Meulenberg Casting. Clients are not permitted to make direct agreements with Talent regarding the services provided or the use of materials without the knowledge of Thea Meulenberg Casting.
Clients are prohibited from directly contacting Talent for legal or financial matters or requesting Talent to sign contracts unless such agreements have been pre-approved in writing by Thea Meulenberg Casting. Any contracts signed without the consent of Thea Meulenberg Casting are not legally binding on the Talent or Thea Meulenberg Casting.
These General Booking Conditions take precedence over any general terms and conditions of The Client, unless expressly agreed otherwise.
2. Formation of Booking Order
A booking order is deemed confirmed when The Client or their representative requests Thea Meulenberg Casting to book specific Talent. This applies to both final bookings and option bookings.
In the absence of a contrary agreement with Thea Meulenberg Casting, the booking confirmation (whether in writing or via email) or the invoice, including specifications, exclusivity, and buy-out details, serves as the binding agreement between both parties. Talent retains the right to decline a booking order unless otherwise agreed.
3. Rates
Rates for Talent bookings can be provided by Thea Meulenberg Casting upon request.
4. Composition of Talent Fees and Rates
All prices exclude agency fees and VAT. An additional finder’s fee and/or casting research fee may be applied depending on the specific assignment and terms agreed upon.
5. Standard Rates
The standard rates for different categories of Talent are set by Thea Meulenberg Casting. Working hours and travel times are rounded up to the nearest half hour. The rates are as follows:
-
Half-Day Rate: A half-day consists of 4 consecutive hours for photography bookings and 5 consecutive hours for film bookings. This rate applies only for bookings that end by 13:00 or start at 14:00 or later.
-
Full-Day Rate: The full-day rate applies for bookings where the Talent is available for 8 consecutive hours for photography or 10 consecutive hours for film.
Additional fees or surcharges may apply based on the type of work and use of material (see Surcharges).
6. Surcharges
In addition to standard rates, Thea Meulenberg Casting applies the following surcharges:
- Work performed between 22:00 and 07:00.
- Use of images for advertising materials such as displays, posters, brochures, internet, social media, and more.
-
Buy-out/Usage Rights: Depending on the media, region, and duration of use.
-
Lingerie Work: 50% surcharge on the working time.
-
Nude Work: 100% surcharge on the working time, with a minimum daily rate.
-
Television/Film: Broadcast time usage surcharges.
7. Travel Reimbursement
For international travel, 50% of the day rate is charged for each travel day.
8. Travel Allowance
For jobs that require the Talent to travel outside their city of residence, The Client must cover the full travel expenses at €0.23 per kilometer or second-class public transport rates. Travel expenses will be calculated from the Talent’s home to the work location. For child Talent under 15 years old, travel expenses for one supervisor will also be covered.
9. Rates for Exclusivity
If The Client requires exclusivity, it must be negotiated and agreed upon in advance. Exclusivity may cover: a) All other commercial applications by the Talent. b) Commercial applications for similar products.
The scope of exclusivity will be determined by Thea Meulenberg Casting. Exclusivity is only valid if it is stated in the booking contract and confirmed by Thea Meulenberg Casting in writing.
10. Usage in Multiple Countries
The Client may not use any materials featuring the Talent outside of agreed region(s) and/or territories without explicit prior consent from Thea Meulenberg Casting. Additional buy-out agreements will need to be negotiated.
11. Campaigns and Long-Term Use
If The Client intends to use material (such as portraits) for a campaign lasting longer than the agreed period, a new rate must be negotiated. Extended use of material beyond the agreed terms is not permitted without the prior consent of Thea Meulenberg Casting and the Talent involved.
12. Options
The Client may place a provisional option on booking a Talent. This option must be confirmed at least two working days before the booking date (three working days for international bookings). If the option is not confirmed within this period, it will expire automatically.
13. Cancellations
Cancellations made within 24 hours of the booking time will incur a 50% fee of the agreed rate. Cancellations made less than 24 hours before the booking time will incur a 100% fee of the agreed rate.
For multi-day bookings, the cancellation period is equal to the length of the booking. Any cancellations within this period will require full payment.
For ‘nice weather’ bookings, the first cancellation is free of charge, provided this was stated during booking. Any subsequent cancellations will incur fees: 50% for the second cancellation and 100% for the third.
Saturdays, Sundays, and Dutch public holidays are excluded from these cancellation periods.
14. Use of Material
The Client may only use the material for the agreed purposes. The right to use the material is granted only after full payment has been received. Extended or additional usage rights (repeat fees) can only be obtained through prior agreement and financial compensation.
15. Payments
Invoices issued by Thea Meulenberg Casting must be paid within 30 days. After this period, a 1.5% interest per month will be charged on any outstanding amounts. Any legal or collection costs incurred will be payable by The Client, with a minimum charge of €75 per claim.
Thea Meulenberg Casting is not obligated to pay the Talent until The Client has fulfilled all payment obligations.
16. Liability
Thea Meulenberg Casting is not liable for any damages arising from a Talent’s failure to meet an appointment. However, we will work diligently to resolve any issues and find the best possible solution.
17. Complaints and Rejections
If The Client has a complaint regarding Talent’s performance, it must be submitted to Thea Meulenberg Casting within 24 hours, with supporting evidence if necessary. The Talent must be immediately dismissed from the booking if The Client wishes to claim any compensation.
18. Dispute Resolution
Any disputes arising from agreements with Thea Meulenberg Casting will be governed by Dutch law and submitted to the competent court in Amsterdam.
19. Force Majeure
Neither Thea Meulenberg Casting nor The Client shall be held liable for any delay or failure to perform any obligation under this agreement if the delay or failure is due to unforeseen events beyond their control, such as natural disasters, strikes, lockouts, war, government actions, pandemics, or other acts of force majeure. In such cases, both parties will discuss and agree on alternative arrangements or the termination of the contract without penalties.
20. Data Protection and Privacy
Thea Meulenberg Casting is committed to protecting the personal data of Talent and Clients. All personal information provided by The Client or Talent will be handled in accordance with applicable data protection laws, including GDPR. The Client agrees not to use or disclose any personal information of Talent for purposes other than those agreed upon in the booking contract. The Client also acknowledges that Thea Meulenberg Casting may retain records of the booking for legal and administrative purposes.
21. Confidentiality
Both Thea Meulenberg Casting and The Client agree to maintain the confidentiality of any sensitive information exchanged in the course of the booking. This includes, but is not limited to, financial information, business strategies, and proprietary materials. Any breach of this confidentiality may result in legal action.
22. Health and Safety
The Client is responsible for ensuring that all legal requirements regarding health and safety on set or location are met, in line with local and international regulations. The Client must provide a safe working environment for Talent. This includes ensuring that appropriate insurance is in place to cover accidents or injuries that may occur during the booking. Thea Meulenberg Casting reserves the right to refuse bookings in environments deemed unsafe for the Talent.
23. Non-Solicitation
The Client agrees not to directly solicit or attempt to employ or engage Talent for any projects or opportunities outside of Thea Meulenberg Casting for a period of 12 months after the conclusion of the project, unless explicitly agreed in writing by Thea Meulenberg Casting. Any breach of this clause will result in legal action and compensation for lost earnings and damages.
24. Intellectual Property
All intellectual property rights, including copyrights and usage rights, related to any photos, videos, or other materials produced during the booking remain with Thea Meulenberg Casting and/or the Talent, unless otherwise agreed in (contractual) writing. The Client may only use the materials for the purposes specified in the booking agreement and/or contract and for the agreed duration. Any use beyond this scope will require additional fees and consent.
25. Diversity and Inclusion
Thea Meulenberg Casting supports and promotes diversity in all its casting projects. The Client agrees to respect this principle and ensure that no discriminatory practices based on race, gender, age, disability, or any other protected characteristic are exercised during the project.