Lost in Casting · Legal
Production Agreement
1. Parties and status
1.1 This agreement is between Lost in TV Limited trading as Lost in Casting (company number 04801855, registered office 82A James Carter Road, Mildenhall, Suffolk IP28 7DE) ("we", "us") and the production company registering an account ("you").
1.2 We act as an employment agency under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, introducing self-employed supporting artistes for engagement by you. We are the artistes' agent, not their employer, and not yours.
1.3 This agreement is accepted when you register a production account and is confirmed when we approve the account. No booking proceeds without an approved account. It is separate from, and additional to, any agreement between you and any artiste.
2. Briefs and casting
2.1 You may cast by either route, or both: (a) submit a casting brief through your account – role type, numbers, dates, location and the applicable rate basis – which we advertise to our network and the Lost in TV audience; artistes apply, and you review, shortlist and select from the applications through the platform; and/or (b) search our register of artistes directly, shortlist, and request bookings through the platform. In both routes the selection of artistes is yours; our role is to advertise, verify right to work, and administer bookings and payment.
2.2 We verify each artiste's right to work in the UK before they can be confirmed on a booking, and hold the evidence on record.
2.3 We supply adults only. All artistes on our books are 18 or over; briefs requiring under-18s cannot be accepted.
3. Rates and engagement basis
3.1 Film and television engagements are governed by the union agreement selected on the brief: FAA/PACT, Equity/PACT, BBC/Equity or ITV/Equity. Commercials and other non-union work are at the rate agreed on the brief.
3.2 A standard day is 10 hours. For union engagements, overtime is charged at 1.5× the hourly rate for the first 2 hours and 2× thereafter; for commercials and other non-union engagements, overtime is charged at one fifth of the daily rate per hour, in line with industry practice. Hours worked between 20:00 and 06:00 attract a night premium of 1.33×.
3.3 Supplements recorded on the digital chit (travel, meal allowance, costume, haircut, fitting, continuity or other agreed fees) are charged as recorded and agreed on set.
3.4 If an artiste's role is upgraded during the shoot (for example from background to featured), the applicable rate and any usage or repeat fees must be renegotiated through us before further use, on the terms of the applicable union agreement or as otherwise agreed. Featured artistes are entitled to the usage and repeat fees provided by the applicable agreement.
4. Bookings and cancellation
4.1 A booking is confirmed when we notify you through the platform. You must provide accurate call times and location details.
4.2 If you cancel a confirmed artiste: (a) before 12:00 midday on the day before the shoot – no charge; (b) after midday the day before – 50% of the artiste's basic day rate; (c) after 15:00 the day before, or on the day – 100% of the basic day rate. These charges compensate the artiste for reserved time and are invoiced through the normal process.
5. On set: your obligations
5.1 You are responsible for the health, safety and welfare of artistes while they are on your premises or location, and must hold appropriate public and employer's liability insurance. Material failure in this clause is a material breach of this agreement.
5.2 You will provide reasonable breaks, and facilities consistent with the applicable union agreement.
5.3 Your assistant director (or nominated representative) signs artistes in and out through our digital chit system and signs off hours, supplements and notes at wrap. The AD's electronic signature binds you to the recorded hours and amounts, which form the basis of our invoice, and you warrant that your nominated representative is authorised to sign on your behalf. Artistes then have 48 hours to accept or query the record.
6. Invoicing and payment
6.1 We invoice you for artiste fees, agreed supplements and cancellation charges. Payment is due to Lost in TV Limited's nominated account within 28 days of invoice.
6.2 Late payment attracts a surcharge of 10% of the outstanding amount, and we reserve our rights to statutory interest and fixed recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
6.3 Paying an artiste directly does not discharge your liability to us; we may invoice you notwithstanding any direct payment.
7. Non-circumvention
7.1 If you engage an artiste we have introduced for supporting artiste work other than through us, and the engagement begins within 8 weeks of the end of their last booking through us (or 14 weeks of the start of their first booking, whichever ends later), you must choose either: (a) an extended period of hire of that artiste through us, on the terms then in force, at the end of which the artiste may be engaged directly without further charge; or (b) a transfer fee equal to our standard commission of 20% plus VAT on the fees payable for the direct engagement.
8. Artiste data
8.1 We share artiste profile data with you solely for casting and running your production. You must: (a) use it only for that purpose; (b) not retain it after the production concludes; (c) comply with UK GDPR in respect of it, and notify us without undue delay of any suspected breach.
8.2 You must not harvest, scrape or bulk-export profile data from the platform.
9. Liability
9.1 We take reasonable care in verifying artiste profiles and right-to-work status, but you are responsible for final selection and for the conduct of your production.
9.2 We are not liable for an artiste's failure to attend; our liability in any event is capped at the fees payable for the booking concerned. Nothing limits liability for death or personal injury caused by negligence, or fraud.
10. Suspension and termination
10.1 Either party may terminate on 30 days' written notice. We may suspend or terminate immediately for material breach (including non-payment, health-and-safety failure, or misuse of artiste data). Accrued obligations survive termination.
11. General
11.1 We may update these terms with notice; the version you accepted and when is recorded on your account. These terms are governed by the law of England and Wales; exclusive jurisdiction of the courts of England and Wales.