Talent must act with the highest standards of integrity, honesty, diligence and appropriate behaviour at all times in their dealings on set or a job while represented by Fire Talent. Talent must conduct their business in a manner which enhances the operation, image and reputation of the entertainment industry and Fire Talent.
3. Our Obligations
Throughout the Term, we shall:
1. (a) represent your interests to the best of our ability with a view to promoting and advancing your career and advise and guide you in relation to the Entertainment Activities;
2. (b) use reasonable endeavours to secure for you offers of suitable employment or engagement by third parties for the provision and use of your services by those third parties and, where applicable, the exploitation of material created as a result of the provision of your services, all such employments and engagements being “Engagement(s)” and the third party to whom you render your services being a “Hirer”; and
(c) negotiate the terms of all Engagements on your behalf. Unless otherwise agreed with you, we shall not sign any agreement on your behalf save for agreements for one-off appearances which you have approved in principle.
1. (b) You acknowledge that:
1. (i) we represent and shall continue to represent other clients;
2. (ii) we have made no representation to you that you will enjoy any level of success in the entertainment industry;
3. (iii) we do not provide advice on tax or VAT and you should consult a specialist in these areas;
4. (iv) we shall collect, store, process and use personal data relating to you to enable us to comply with our obligations to you; and
5. (v) we have advised you to take independent legal advice on the terms of this Agreement from a solicitor specialising in entertainment law.
2. (c) We may assign this Agreement to any entity in which we acquire a controlling interest, or which acquires a controlling interest in us. This Agreement shall continue to be binding in the event that we shall be engaged by or work in association with any other business whether we trade under our name or another name. You may not assign this Agreement.
3. (d) Each of the parties shall execute any document and/or do anything reasonably required by the other to give effect to the provisions of this Agreement.
5. (e) Any notices to be given shall be emailed to the provided email address. Any notice shall be deemed served on the day of sending.
6. (f) If any provision of this Agreement or the application of any provision is held invalid or unenforceable, the remainder of this Agreement and the application of it shall not be affected and shall continue in full force and effect and shall be enforceable to the fullest extent permitted in law or in equity.
7. (g) This Agreement does not create a partnership or joint venture between you and us.
8. (h) Any failure to enforce any of the terms of this Agreement will not operate as a waiver of the right to do so on another occasion.
9. (i) Save to the extent expressly set out herein, this Agreement is not intended to, nor shall it create, any rights entitlements, claims or benefits enforceable by any person that is not a party hereto. Accordingly, save to the extent expressly set out in this Agreement, no person shall derive any benefit or have any right entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
10. (j) For the purposes of Regulation 14(1)(a) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 we operate as an employment agency.
11. (k) Any variation to this Agreement shall only be valid if in writing signed by the parties.
12. (l) This Agreement is governed by and will be construed in accordance with English law and is subject to the jurisdiction of the English Courts.
10. Your Data
(a) For the purposes of data protection legislation in the UK, including the Data Protection Act 1998 until its effective date of repeal and the General Data Protection Regulation 2016 (the “GDPR”) and any national implementing laws, regulations and secondary legislation, in particular the Data Protection Bill 2017-2019, you acknowledge with respect to the personal data we will process about you (“Data”) in connection with this agreement as set out in the accompanying Privacy Notice that:
1. (i) We have provided you with all the necessary privacy notices required by the GDPR.
2. (ii) The processing of the Data may include the disclosure of the Data to third parties including third-party service providers and other entities in the same group as the agency.
3. (iii) We may transfer the Data outside the Union where the transfer is necessary in relation to this agreement.
4. (iv) You have provided us with the necessary consents for us to lawfully, fairly and transparently process the Data for purposes connected with this agreement
(b)
including for representation, legal, personnel, administrative, and management purposes, which we may rely upon in addition to the other lawful bases for processing the Data as set out in the Privacy Notice.
(v) You have provided us with explicit consent for us to create an artist/performer profile on Tagmin and on Spotlight & Stage Entertainment to enable us to assess your suitability and put you forward for new roles and projects, which we may rely upon in addition to the other lawful bases for processing the Data as set out in the Privacy Notice.
We will seek and secure your explicit consent for processing the Data in the following circumstances:
1. (i) Where we wish to process Data, which comprises of Special Category personal data (as defined in the GDPR) and/or criminal offence data relating to you and you have not previously given your explicit consent to the processing and no other lawful basis is applicable.
2. (ii) Where we wish to transfer the Data outside the Union and the transfer is not necessary for the parties to fulfil their contractual obligations in accordance with this agreement and we cannot transfer the Data pursuant to Articles 45 to 48 of the GDPR and no other derogation is applicable.
You agree to inform us when there are changes to the Data.