Agent Terms and Conditions
This Site and related Services are provided by Spotlight whose trading address and registered office is 7 Leicester Place, London, WC2H 7RJ. VAT number 239068741. Registered in England and Wales, Company Number 07172054
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By agreeing to these terms and conditions, you are entering into contract with Spotlight and agreeing to the lawful use of your personal data as necessary for the performance of your contract with us.
You should print and keep a copy of these terms and the Sales and Payment terms for your records as at the date of joining or renewing.
"Agent" means an authorised agent of a performer, who is a Member of Spotlight.
"Agent Services" means the services made available to Agents as detailed below and on the Site.
"Casting Services" means the services made available to Casting Subscribers.
"Spotlight Casting Subscriber" means a casting professional who has signed up with Spotlight as a recipient of the Casting Services.
"Content" means the information and other material or applications available within the Site or relevant Services.
"Spotlight Member" means a performer who has signed up with Spotlight as a member of its database and recipient of the Member Services.
"Spotlight Member Services" means the services that may be made available by Spotlight to Members as detailed below and on the Site.
"Sales and Payment Terms" means the further specific terms relating to the processing of any payments.
"Site" means the sites located at spotlight.com and www.spotlight.com/contacts.
"You" means the user of the Site(s) or the Content or otherwise the Agent.
"we/us" means Spotlight.
These terms and conditions set out the conditions relating to using Spotlight as an Agent which includes your actions on behalf of your clients as Spotlight Members who are receiving Spotlight Member Services. Please note you must comply with the Spotlight Member Services Terms in relation to their application to your clients.
Spotlight helps agents to promote their clients to casting opportunities when they become Members of Spotlight. Agents can manage client profiles online 24/7, submit clients for castings and take advantage of Spotlight's dedicated services for Agents. The Services are summarised below with further information available on the Site as indicated.
The Spotlight Link
The Spotlight Link is a system allowing industry professionals who are Spotlight Casting Subscribers to send out casting breakdowns to Agents and Spotlight Members. As an Agent, your access to Spotlight will include defined levels of access to The Spotlight Link. Spotlight does not have access to the casting briefs prior to them being sent out, and cannot take responsibility for information included in them. Spotlight does however apprise our Spotlight Casting Subscribers of their responsibilities in line with related legislation. Should you have any concerns regarding the nature of a casting brief sent out to you then please use the 'Report Concern' button available on the website or contact our offices immediately to report this.
Spotlight Casting is an end-to-end casting service for the professional casting industry, providing tools and facilities for streamlining the casting process.
Role as an Agent - authority to act on behalf of clients
We contract with Spotlight Members, not Agents, and allow Agents access to Spotlight on behalf of their clients, on an at will basis. As an Agent, you agree to these terms and conditions relating to Agent Services, but also acknowledge and agree to abide by the Spotlight Member Services terms on behalf of any of your clients who are Spotlight Members.
To act on behalf of your clients as Spotlight Members you must be authorised by a Spotlight Member (your client), or their parent/guardian as appropriate (all responsible parties must agree on consent), and you hereby confirm that you are so authorised by your client(s) or their parent/guardian as appropriate (all responsible parties must agree on consent), to access and/or administer their account/profile in a professional manner, and to contractually bind them in relation to the Spotlight Member Services and otherwise as appropriate.
To ensure quality of service we may withhold access to The Spotlight Link and Agent Services in general from Agents whom we consider to lack the relevant credentials or professional experience.
We also reserve the right to terminate access where we receive repeated complaints regarding a subscriber, or where legitimate concerns are raised by industry professionals and/or industry organisations, or where our staff or other persons such as Spotlight members are subject to abusive, offensive or threatening behaviour.
Restrictions and responsibilities
The Content and/or information sent or made available via The Spotlight Link or otherwise on the Site is the confidential information and copyright of the relevant sender or provider (or of his/her employer). In using The Spotlight Link, you agree not to forward or copy any part of this information and that you will only use the casting breakdowns, and the information set out in them, for the purposes of suggesting clients for the relevant casting opportunity, by, and only by, using the link provided in the system to send proposals back to the relevant Spotlight Casting Subscriber.
All production information (including individual roles/casting breakdowns) sent by Spotlight Casting Subscribers should be treated as strictly private and confidential and details should not be released to any other parties. Agents will be liable where they, or their employees or clients, cause damage (including financial loss) to a Spotlight Casting Subscriber (or their employer) by releasing confidential production details in advance of this information being in the public domain. In addition please note the Scraping or Extraction - Prohibition in the Site Terms.
Notwithstanding the above prohibition, to facilitate Spotlight Members, Agents and Spotlight Casting Subscribers with their workflow management processes, or other activity, Spotlight may from time to time provide or authorise the use of certain third party software or applications to facilitate additional off Site access to the materials and Content. Such third party packages or systems are strictly subject to the written approval of Spotlight. A list of currently authorised third party packages or systems is available to Spotlight Members/Spotlight Agents/Spotlight Casting Subscribers by contacting Spotlight. Please note that Spotlight does not endorse and is not responsible for any such third party packages or systems. Any use is at your own risk and Spotlight will not be liable for any loss of information, materials, data or otherwise that may occur due to the use of your materials within them. Please contact us for further information or to discuss use of other packages or applications.
It is the responsibility of Agents to contact Spotlight and ensure they have suitable consent before moving any Spotlight Materials and Data into third party systems or software.
Any breach of these terms could cause inconvenience and loss to the sender or provider of information, and loss to Spotlight. Spotlight reserves the right to terminate your access to The Spotlight Link and other relevant services without notice in the event of a breach. It also reserves the right to withdraw or withhold The Spotlight Link service for individual Agents or generally, where it considers this to be commercially desirable or for any other reason it deems appropriate.
Spotlight does not verify, endorse or approve any Agents. Agents should not present themselves as having any relationship with Spotlight other than as set out herein.
Spotlight Members or their Agents may use the Spotlight logo on their own website as long as: it is a single instance of the Spotlight logo as a link to our website www.spotlight.com, it is in the context of a factual reference to role of Spotlight, and the logo does not imply Spotlight's endorsement of any website or online service. If you are unsure of how to use the logo, please contact us on [email protected]
Sign Up process
Spotlight has a formal registration procedure for Agents and access will only be provided to agents where their professional background can be assessed. We additionally hold information about agencies, and provide agency services, only if they have clients appearing in Spotlight (Spotlight Members) who choose to publish a particular agency as their representative on their Spotlight profile. When one or more clients add an agency to their Spotlight profile the agency will be eligible to receive certain of the Spotlight Link Breakdowns (with the exception of children and young performers' agencies, who need to have eight or more clients in Spotlight). You will be informed by an auto-generated email and will then be asked to set up a confidential username and password. You will then automatically start to receive casting information. Once a fifth performer informs us that you are their representative, you will have full access to the Spotlight Link.
Please note that administrative rights to Spotlight agency accounts are held by the Agent concerned (Business Owner) and not by the individual agency employees, and therefore access to any account attached to that Agent (or details of any activities undertaken on an associated agency account) will be given to Agent administrators 'Main Users' by Spotlight on request. In the event of any issues or disputes Spotlight will take instruction only from a Business Owner. Agent employees should additionally be aware that they have no right to gain access, or attempt to gain access, to their Spotlight agency account once they have left employment with the Agent concerned, unless an agreement is in place with the Business Owner.
More information about our services for Agents including The Spotlight Link and how to enter new clients can be found at https://www.spotlight.com/help-and-faqs/faqs-for-agents/. Please be aware however, that Spotlight is a professional database and we have strict criteria relating to industry training or experience when vetting our Spotlight Members, which they will need to fulfil.
When performers start using Spotlight Services
On joining Spotlight, Spotlight Members/Parents/Guardians will be provided with a View PIN and information on how to register and sign in to their account. A View PIN is available to both Spotlight Members/Parents/Guardians and their Agents for promotional purposes and can be shared with those you wish to view the Spotlight Member's Spotlight profile. The sign in is confidential, allowing live changes to the Spotlight Member's online profile and account administration access, and should never be shared.
Members are responsible for all activities on their account/profile and must keep sign in information secure and confidential. If sign in details are shared with an Agent or any other parties, they must be authorised and instructed appropriately, and this is done at their own risk.
Disclaimers and Liability
Notwithstanding that appropriate steps have been taken to ensure that the information iwe publish is accurate, Spotlight (and those organisations on whose behalf we publish) cannot be held responsible for any errors or omissions, and cannot accept liability for reliance placed on the contents and/or any omissions which may occur.
Due to the inherent nature of the internet, and other technology systems we use, errors interruptions and delays may occur in the Service at any time. Accordingly, the Site and Services are provided without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
Spotlight does not endorse and is not responsible for any third party packages or systems that help manage information or workflow, even if approved by Spotlight. Spotlight will not be liable for any consequences arising from the use of such packages or systems.
To the maximum extent permitted by applicable law, we exclude all liability for any indirect, special, consequential or punitive damages, or any loss of income, profits, goodwill, data or contracts arising from or connected in any way to your use of the Services or Site, whether in tort (including without limitation negligence), contract or otherwise, even if advised of the possibility of such damages.
To the extent there is any liability on us, this is limited at a maximum amount per claim and in aggregate to the annual amount paid by you for the relevant Service.
This section does not in any way limit our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any implied terms or other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Status and role of Spotlight
Spotlight is not an employment agency, and Spotlight never takes commission on work opportunities found for or by its Spotlight Members. It does not become involved in the casting process and cannot act on your behalf in any work related negotiations; we will only pass on messages from potential employers. Spotlight does not have access to any arrangements between worker and hirer relating to meeting or working venues, and other terms of employment; therefore Spotlight Members or their representatives should use due diligence in reviewing their safety arrangements and the terms of any contract supplied by a hirer. Spotlight will not accept fees for work on behalf of any Member; all payments for work must be arranged between the worker and the hirer, or their official representative.
Please note that Spotlight is not involved in compiling the job posts which appear on The Spotlight Link. Spotlight is committed to equal opportunities for all performers, irrespective of sex, age, race, disability, religion, sexual orientation, marital status or any other criteria not related to skills or abilities. Where sex, age, height and/or appearance has been specified on an advert, the casting director has confirmed that such characteristics are a genuine occupational requirement of the role.
NATIONAL MINIMUM WAGE
Spotlight strongly believes that all commercial productions should pay performers the National Minimum Wage or above. However, we cannot take responsibility for the payment offered by any company, organisation or individual using our casting services. Please see Equity UK's current guidance for full information about the legal framework which covers low pay and no pay work in the entertainment industry, to ensure that you understand rights and entitlements.
EMPLOYING YOUNG PERFORMERS
You are reminded that it is illegal for children under the age of 16 to work without formal licensing in place, otherwise they are not insured or protected. Please ensure that Young Performers are always licensed.
If you breach these terms we may suffer loss. You agree to indemnify us against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any non-compliance by you with these terms and conditions.
These terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Each provision of these terms and conditions shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
Spotlight is committed to using clear and understandable terminology in all of our documents and correspondence, however if anything within this document is unclear then please contact us.