Terms and conditions
CONSUMER PROTECTION ACT MANDATORY INFORMATION
(As from 1 April 2011 all businesses are required by law to provide certain information under the Consumer Protection Act 68 of 2008)
Services offered: Mother City Xtras acts as an agent representing non-professional talent seeking work in the film and commercial industry. As such we present talent on our database to producers and directors who then book suitable artists through us. We deduct an agency fee from the total fee paid to the artist as remuneration for finding work for the artist.
Agency details: Mother City Xtras, PO BOX 1666, Milnerton, 7435 | Tel: 087.808.2385 Email: info@mcx.co.za
Members: Mia Bellingan
Agency fee:
Extras: Agency fee deduction of 25% off the total fee from the client paid to an artist before tax.
Featured artists: Agency fee of 30% of the total fee from the client paid to an artist before tax.
Administration Levy: A levy of R 150 is deducted from the first paying job an artist completes per calendar year to cover administration costs of representing the artist, including database capture, bank charges, website hosting of profile, printing of presentations and the taking of profile and portfolio photographs. An up-front studio & admin fee of R 150 is charged on joining the agency.
Payment: Payment for work completed is made directly into the artists banking account after all deductions have been made. Artists can at any time request a detailed breakdown of deductions on a “per job” basis either telephonically or by visiting our offices by appointment. Payment is ONLY made once MCX has received payment from the client – usually on a 30-90 day basis. In the unlikely event of a client defaulting on payment, the artist has the right to pursue the client for payment through the courts, as the client is the employer of record. MCX cannot be held liable in such a case, as it only acts as an intermediary.
Code of Conduct: MCX subscribes to the Code of Conduct of OSCA-SA (Official Casting Association of South Africa) of which it is a member. This code of conduct can be viewed at www.oscasa.com.
Declaration: Mia Bellingan hereby declares that she has never been found guilty of an offence involving dishonesty or been placed under sequestration, liquidation or judicial management.
MCX MEMBER
Mia Bellingan (MD)
Please read this information carefully before signing the accompanying documents which form part of the registration process, as your signature on the Registration Form and Power of Attorney form confirms that you have read this information and fully understand it.
TERMS & CONDITIONS:
All artists must read the below Terms & Conditions of the Agency Agreement and sign to confirm their understanding and acceptance of the agreement between themselves and Kozen Trading 103 cc t/a MCX prior to being represented by Kozen Trading 103 cc t/a MCX.
Hereafter, Kozen Trading 103 cc t/a MCX will be referred to as ‘MCX’, the applicant (or the signatory parent/guardian) will be referred to as ‘the Artiste’, ‘the Client’ will refer to any Company subcontracting the services of the Artiste, and the term Assignment(s) will refer to any work, assignment, audition or casting arranged by the Agency.
The Artiste understanding and final acceptance of these terms and conditions will be acknowledged upon receipt of the Artistes application for representation by the agency.
Please read these terms and conditions carefully.
The Artiste guarantees that the information submitted to MCX for registration is complete and truthful. The Artiste understands that MCX will represent them in their capacity as an independent contractor for the period 1st May to 1st May annually. The agreement will then continue on a rolling basis thereafter under the same terms. MCX has the right to represent the Artiste in any promotional/advertising capacity. MCX agrees to represent the Artiste and enters into this Agreement in good faith but cannot guarantee that the Artiste will receive any work as ultimately the final casting decision rests with the Client and not MCX. MCX undertakes to ensure ‘good intentions’ of all Clients with whom Assignment(s) are confirmed, but the Artiste acknowledges that any work accepted is entirely at their own discretion and risk.
1.1 This is part time work only and depends on the demand of the Film & Commercial Industry.
1.2 This is a seasonal industry, which means that work may vary from summer to winter.
2.1 The MCX registration is free.
2.2 R150 is deducted annually as an administration fee (representing the Artiste, database capture, bank charges, Artiste portal/website profile hosting, submission of presentations and in-studio photos/photo updates. This yearly administration fee is subject to change at the discretion of MCX.
2.3 R150 annual levy is deducted from first paying job once a photo update has been done.
2.3.1 Should I be confirmed for a job, and either report late for the job or not report for duty at all, MCX may deduct a penalty, as a first charge from any future amounts owing to me for work:- 10% of my daily rate/fee for each day that I arrived late for a job; 25%-50% of my daily rate/fee for the first day that I do not report for a job; a full day fee if I do not report for a job on more than two occasions; as liquidated damages suffered by MCX as a result of me arriving late or not reporting for a job(s) that MCX confirmed me on.
This penalty fee is subject to change at the discretion of the Agency. * Unless a valid doctor’s certificate is provided.
2.3.2 Should I supply MCX with incorrect information, MCX may deduct penalties from any monies owing to me. This is to remunerate MCX for any time and money spent to retrieve the correct information.
2.3.3 MCX has a strict 30-90 day payment term to clients/production companies. I understand and agree, however, that payment can take up to 90 days and do not hold MCX responsible for any late payments due to client or production companies’ late or non-payment. I understand and agree that I will only be entitled to receive payment when MCX has received payment from the client/production company.
2.4 I understand that MCX will represent me in my capacity as an independent contractor as my agent and will endeavour to find me work as a Background Extra or Featured artiste in Film, TV Commercials or Stills photographic productions.
2.5 I understand that the registration fee paid to MCX is non-refundable and does not guarantee me work nor does it create any expectation of work.
2.6 I agree and understand that it will be my own responsibility to arrange and pay for my transport to and from a job and that it will not be the responsibility of MCX to arrange and/or pay for such transport on my behalf.
2.7 I will not hold MCX responsible for any incorrect banking details supplied by myself. All changes to bank account details must be e-mailed to MCX (a copy of bank statement is required.)
2.8 I will not hold MCX or any of its partners or employees responsible for any personal belongings lost, stolen or damaged on or off set.
2.9 I understand & agree that no photography of any sort are allowed on any set & understand that my camera / cell phone could be confiscated. I do not hold MCX or Production responsible for any loss or damage.
2.10 If I am a Foreign National, I understand & agree that it is my responsibility to, timeously, supply MCX with my updated & renewed Permit, failing which I understand & agree that I will not be considered for future work until an updated permit is emailed to MCX.
2.11 I agree and understand that no financial arrangements are to be discussed on or off set with colleagues or Production team members.
2.12.1 I agree and understand that when I make myself available for a job, that I am available from early morning until late evening and that I have no other commitments on that day. As an Extra, I am expected to work at least 3 hours overtime should it be necessary.
2.12.2 Should I withdraw from a job after confirming my availability, I agree to give the agency no less than 48hours notice prior to the shoot.
2.12.3 I agree and understand that failure to give the agency prior notice of my intention to withdraw from an assignment, MCX is entitled to deduct double commission from a fee accrued by me in respect of any completed assignment, and failing the latter, in respect of any subsequent assignment.
2.13.1 I agree & understand that the agency has power of attorney to sign any & all contracts & addendums pertaining to Film work.
2.13.2 I agree and understand that I may not sign any contracts on set but may view or request a copy from the agency.
2.14 I have read the MCX information pamphlet I was supplied upon registration, and agree with and understand all the information supplied.
2.15 The personal information supplied by me is true and correct.
2.16 By signing up to MCX I agree to the Terms & Conditions , Consumer Act and Privacy Policy.
Privacy Policy
1. The General Principles of our Privacy Policy
1.1. This privacy policy covers how we treat your personal information collected electronically when you use the Site or Register to MCX or when you contact MCX electronically.
1.2. MCX respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3. When dealing with your personal information we apply the following:
1.3.1 MCX will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so.;
1.3.2 MCX will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give MCX your express written permission to do so, or unless MCX is permitted or required to do so by law
1.4 By using the Site or registering with MCX or contacting MCX electronically, you provide MCX with your express written permission to share your personal information within the the MCX group, in the ordinary course of MCX’s business, including for purposes of providing you with the relevant job information.
2. What do we mean by Personal Information
2.1 Personal information refers to information that identifies or relates specifically to you, for example, your name, cell number, email address or any information you use to register for the website.
3. How we collect your Personal Information
3.1 Whenever you use the Site, complete an application form, contact MCX electronically, MCX will collect your personal information.
4. Why we collect and use Personal Information
4.1 In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for MCX to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why MCX would collect your personal information:
4.1.1 for MCX to process your instructions or requests; or
4.1.2 for MCX to ensure that we meet your needs, MCX may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
4.1.3 once MCX has collected and analysed your personal information, MCX may send you industry related information or details which we think may be of interest to you.
4.1.4 to conduct market research;
4.2 Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent.
4.3 You accept that we may store your personal information outside of the region or country that you may submit or use it in.
5. Protection of your Personal Information
MCX values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information MCX has concerning MCX clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.