These Terms and Conditions were updated on 22 January 2024.
1.1. The subsequent terms and conditions, which include a reference to the Agency’s Privacy Notice (“Notice”) pertinent to the Agency’s representation of the Artiste (hereinafter referred to as the “Terms and Conditions”), in conjunction with the online form submitted by the Artiste to the Agency (“Online Form”), govern the relationship between the Artiste and the Agency (collectively referred to as the “Contract”). The Notice is available at https://zanesartistmanagement.co.za/
1.2. Upon submission of the Online Form, the Artiste is required to indicate acceptance of these Terms and Conditions by selecting the appropriate option. By submitting the Online Form, the Artiste consents to be bound by the Terms and Conditions and provides explicit consent for the handling of Personal Information (as defined in the Notice) in accordance with the terms outlined in the Notice.
1.3. Any amendments to the Contract must be agreed upon in writing by the Agency.
1.4. Nothing in the Contract shall impair any condition or warranty, whether express or implied, or any legal remedy to which the Agency may be entitled by virtue of applicable law or regulation.
1.5. Nothing in the Contract shall be interpreted as establishing a partnership or joint venture between the parties.
1.6. The Artiste shall operate in the capacity of an independent contractor.
The following definitions are applicable to the terms utilized within this document:
2.1. **“Agency”** refers to Zane’s Artist Management, a close corporation established and operating in accordance with the company laws of South Africa.
2.2. **“Agency Fee”** denotes the agency fee specified in clause 4.1.
2.3. **“Artiste”** pertains to the individual who submits an application for representation, or the signatory parent or guardian in the case of a minor, who duly completes and submits an Online Form to the Agency and/or provides personal information to Zane’s Artist Management.
2.4. **“Artiste’s Image”** encompasses all reproductions, adaptations, or derived representations of that image, whether in complete form or in part, and includes any integration with text, other images, photographs, drawings, or materials of any nature, including digital imaging, for all known or anticipated purposes.
2.5. **“Assignment”** signifies any services requested by a Client in connection with advertising, entertainment, leisure, marketing, or public relations activities that the Artiste is proposed to undertake, encompassing any work, assignment, audition, or casting organized by the Agency.
2.6. **“Client”** denotes any third party, individual, partnership, corporation, or other organization that enters into a contract with the Agency for the purpose of procuring the services of the Artiste in relation to an Assignment.
2.7. **“Commencement Date”** indicates the date on which the Artiste submits the Online Form, thereby appointing the Agency as their Representative as delineated in clause 3.
2.8. **“Effective Date”** refers to the date on which the Artiste submits their information to Zane’s Artist Management.
2.9. **“Fees”** denotes the remuneration owed to the Artiste in relation to an Assignment and/or Usage Renewal as specified in clause 5.2.
2.10. **“Renewal Fee”** pertains to the renewal fee defined in clause 4.3.
2.11. **“Representation”** or **“Represent”** denotes the representation provided by the Agency to the Artiste in accordance with the Contract.
2.12. **“Term”** refers to the duration commencing on the Effective Date and concluding on the date upon which the Contract is terminated for any reason.
2.13. **“Terms and Conditions”** encompasses the provisions articulated within this document and any subsequent terms and conditions mutually agreed upon in writing by the Agency and the Artiste.
2.14. **“Usage Renewal”** signifies the continued use of the Artiste’s featured image by a Client for a renewed usage period within a specified territory.
3.1. The Artiste hereby appoints the Agency, effective from the Commencement Date and the Effective Date, to act as the Artiste’s agent and to represent the Artiste in the negotiation and finalization of agreements with Clients concerning Assignments and Usage Renewals, in accordance with the provisions outlined in the Contract.
3.2. The Artiste does not confer upon the Agency the status of sole and exclusive agent and maintains the right to engage, negotiate, or enter into arrangements with other agents.
3.3. The Artiste grants the Agency the authority to:
3.3.1. Negotiate and finalize agreements with Clients concerning Assignments on behalf of the Artiste during the Term; and
3.3.2. Negotiate, quote, and finalize agreements related to Usage Renewals concerning Assignments facilitated by the Agency during the Term. It is understood that the Agency’s authority to negotiate and finalize Usage Renewals as described in this clause shall continue beyond the termination of this Contract.
3.4. The Artiste grants the Agency exclusive authority to collect and receive all gross income resulting from:
3.4.1. Any Assignment executed by the Artiste during the Term and any associated gross income from Assignments negotiated by the Agency during the Term, even following its expiration; and
3.4.2. Any Usage Renewal regarding any quoted and administered Usage Renewal during the Term, including all gross income resulting from Assignments negotiated by the Agency during the Term, even after its expiration. It is understood that the Agency’s authority to collect and receive gross income from Usage Renewals discussed in this clause shall also persist beyond the termination of this Contract.
4.1. The Agency shall be entitled to payment of an agency fee from the Artiste in respect of each Assignment (“Agency Fee”).
4.2. The Agency Fee shall be determined by the Agency on an Assignment by Assignment basis. The Agency Fee shall be 25% of the gross income of an Assignment, at the Agency’s discretion.
4.3. The Agency shall be entitled to payment of an agency fee from the Artiste in respect of each Usage Renewal (“Usage Renewal Fee”)
4.4. The Usage Renewal Fee shall be determined by the Agency on a Usage Renewal by Usage Renewal basis. The Usage Renewal Fee shall be 15-25% of the gross income of a Usage Renewal, at the Agency’s discretion.
5.1. Further to clause 3.3 above, the Agency will collect from the Client all gross income in respect of an Assignment and/or Usage Renewal.
5.2. The Agency will deduct their Agency Fee and/or Usage Renewal Fee, Administration Fee, PAYE, any advances or any promotional expenses (if appropriate ) from the gross income received and the Artiste will receive the remainder as thereof (“Fees”).
5.3. The Agency will pay the Artiste the Fees within 30 (thirty) days following the day upon which the gross income was received by the Agency from the Client in respect of the Assignment or Usage Renewal in question.
5.4. The Artiste recognises and agrees that payment for an Assignment(s) and/or Usage Renewal shall only become due and owing to the Artiste by the Agency on receipt of payment from the Client to the Agency. For the avoidance of doubt, the Artiste acknowledges and agrees that the Agency cannot be held liable for payment of monies to the Artiste in respect of an Assignment if the Client withholds payments from the Agency for any reason.
5.5. The Client may take an indefinite period to pay but is requested to make payment normally within 30 (thirty) to ninety (90) days of invoice.
5.6. The Agency will not be liable for any outstanding Fees to the Artiste in the event of indefinite delayed payment by the Client for whatever reason.
5.7. Any Fees held by the Agency are held as trustee for the Artiste and the Agency shall honour all of the Artiste’s rights in respect of those Fees.
5.8. The Artiste hereby acknowledges that the Agency cannot be held responsible any non-payment in respect of an Assignment where an Artiste:
5.8.1. has been selected for the Assignment by the Client on the basis of their appearance and the Artiste misrepresented their appearance or failed to update their photographs, measurements or any other personal information relating to their selection for the Assignment by the Client ; or
5.8.2. has misrepresented their employment status.
5.9. The Artiste is self-employed and personally responsible for the payment of income tax/PAYE and other statutory deductions and where appropriate value added tax. The Agency will not be reliable for any Artiste’s failure to complete any of the above mentioned.
6.1. The Artiste shall, at all times, act in a professional and courteous manner and shall attend all Assignments on time.
6.2. The Artiste shall carry out every Assignment to the best standard of ability and skill.
6.3. The Artiste shall not consume alcohol or administer drugs on or in the vicinity of the premises of a Client or at a location where an Assignment is being conducted.
6.4. The Artiste shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Assignment is being conducted.
6.5. The Artiste shall at their own cost be solely responsible for arranging transport to auditions/or Assignment(s) unless otherwise agreed with the Agency or the Client.
6.6. The Artiste shall notify the Agency of any changes to their personal details, including but not be limited to, contact details, telephone numbers and bank details.
6.7. The Artiste shall keep the Agency informed of any significant changes in appearance to include, but not limited to, notification of any change of hair style or colour, measurements, weight loss or gain or the addition of any tattoo or any other visible feature such as a piercing (“Significant Change”). Should a Significant Change occur the Artiste undertakes to update the images provided to the Agency.
6.8. The Artiste shall not without the consent in writing of a duly authorised representative of the Agency expose, reveal or make public any information in connection with the business of the Agency or the Contract, all of which information is to be regarded by the Artiste as of a strictly confidential nature.
6.9. The Artiste shall take all reasonable steps to be available to work regularly on Assignments but acknowledges that the Agency cannot guarantee that such Assignments can be secured and has made no representations to this effect.
6.10. The Artiste consents for the Agency to use any relevant photographs, images or other information relating to the Artiste to secure Assignments.
6.11. The Artiste hereby acknowledges that nothing in the Contract, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Agency and the Artiste.
6.12. The Artiste, upon conclusion of a contract in respect of an Assignment by the Agency, must complete the Assignment in full for the contracted fee otherwise the Artiste will be liable for any losses incurred.
6.13. The Artiste must give at least 2 (two) days’ notice to the Agency to withdraw from an assignment, which has been booked by a Client. The Artiste may be held be liable for any extra costs that have been incurred by the Agency or the Client as a result or failure to comply with this clause 6.13. It is the Artistes responsibility to be available for the duration of the Assignment. If an Artiste fails to complete an Assignment for any reason other than illness (to be evidenced by a medical certificate) then the Artiste may be liable to pay for costs or losses incurred.
6.14. The Artiste will not at any time during any Assignment nor for 6 (six) months thereafter directly or indirectly interfere with, solicit or entice any of the Agency’s clients or persons with whom the Agency were in consultation.
6.15. In the event of the Artiste being in breach of clause 6.14, the Agency will be entitled to recover from you any fees which the Agency would have been paid by the Client had the employment by the Agency’s client been arranged by the Agency.
6.16. The Artiste will not use, or authorise the use by third party, of any document, in any media, created, produced or published by the Agency without prior written consent of the Agency.
6.17. The Artiste must immediately notify the Agency of any direct offer of employment by a Client of the Agency for whom the Artiste has carried out an Assignment.
7.1. The Agency shall use all reasonable endeavours to secure suitable Assignments for the Artiste.
7.2. The Agency shall provide the Representation with skill, care and in accordance with industry best practice and statutory obligations.
7.3. The Agency shall take all reasonable steps to ensure Clients and other workers involved in Assignments are professional and courteous but cannot be held responsible for the conduct of any third parties.
7.4. The Agency confirms that the only type of work it will find or seek to find the Artiste will be an Assignment.
7.5. The Agency’s authority to act on the Artiste’s behalf extends to:
7.5.1. the Agency’s attempts to procure Assignments for the Artiste and to represent the Artiste in order to achieve the same;
7.5.2. the negotiation and conclusion of contracts with Clients in respect of Assignments on the Artiste’s behalf;
7.5.3. the negotiation, quotation and conclusion of contracts with Clients in respect of Usage Renewals on the Artiste’s behalf; and
7.5.4. the conclusion of artist release forms.
7.6. The Agency will contact the Artiste and offer a contractual assignment as a conditional verbal or written description. Upon accepting, the Artiste is liable to fulfil this contract in full. The Agency will supply, to the best of the Agency’s knowledge, the Assignment details of the said contract, including the time, location, date, and Artiste’s Fee telephonically or in writing. Each contract cannot be applied to any other offers past or present.
8.1. The Artiste authorises the Agency to adjust or enhance any images submitted to them by the Artiste (including by way of utilising artificial intelligence platforms) at the Agencies discretion and to reproduce them for purposes of complying with their obligations in terms of the Contract secure suitable Assignments for the Artiste.
8.2. Furthermore, the Artiste authorises the Agency to submit their images and personal information on third party searchable websites and casting databases for purposes of complying with their obligations in terms of the Contract to secure suitable Assignments for the Artiste.
8.3. All images and details modified and/or reproduced in association with the Agency are supplied by the Artiste and with the full permission and consent of the Artiste.
8.4. The Artiste is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with the Agency. The Agency cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the Artiste by the Agency.
9.1. The Contract shall commence on the Commencement date and shall continue indefinitely, until terminated by either party in accordance with this clause 9.
9.2. The Agency shall be entitled to terminate the Contract for any reason at any point during the Term with immediate effect should the Artiste:
9.2.1. or any person accompanying the Artiste, fail to behave in a professional and courteous manner at all times on an Assignment;
9.2.2. fail to attend an Assignment without notifying the Agency;
9.2.3. or any person representing the Artiste, fail to behave in a professional and courteous manner towards, and during any communication with, the Agency and Agency staff; or
9.2.4. divulge any details regarding Assignments, work, paid or un-paid to the press/radio or any media the Agency in breach of clause 21; or
9.2.5. post derogatory and/or slanderous remarks on social networking sites and/or public forums.
9.3. The Agency shall be entitled to terminate the Contract for any reason at any point during the Term for any reason whatsoever.
9.4. The Artiste shall be entitled to terminate the Contract at any point during the Term by giving notice in writing save for the condition that the Artiste shall be required to complete any Assignment agreed prior to notification of termination.
9.5. Either party may terminate the Contract by notice in writing to the other if:
9.5.1. the other party commits a material breach of the Contract and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
9.5.2. the other party commits a material breach of the Contract which cannot be remedied under any circumstances; or
9.6. Any rights to terminate the Contract shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Contract as at the date of termination.
10.1. Agency shall no longer represent Artiste in relation to of new Assignments
10.2. Agency shall continue to represent Artiste in relation to any Usage Renewals existing at the time of termination as well as Usage Renewals which occur following termination of the Contract in relation to Assignments concluded during the term of the Contract.
11.1. Both parties warrant their authority to enter into this Contract and have obtained all necessary approvals to do so.
11.2. The Artiste warrants that the information provided to the Agency in the Contract is complete and truthful.
The Agency is committed to safeguarding the privacy of the Artiste. The Agency’s Privacy Notice, which is accessible at https://zanesartistmanagement.co.za/, is incorporated by reference into these Terms and Conditions, forms part of these Terms and Conditions, and explains the Personal Information processing practices of the Agency insofar as it relates to the Contract.
13.1. The Artiste acknowledges and agrees that the Agency shall not be liable for Client’s credentials, guarantees and actions made to the Artiste in respect of or in connection with an Assignment.
13.2. The Agency shall not be liable for any direct, indirect or consequential loss or damage occasioned by the Artiste or any third party howsoever caused, as a result of any negligence, breach of contract or for any other reason, even if such loss was reasonably foreseeable and the Agency had been advised of the possibility of the loss occurring.
13.3. The Artiste undertakes to indemnify and keep fully indemnified the Agency at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Agency), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Artiste of any of the Artiste’s obligations, undertakings or warranties as set out in the Contract.
13.4. The Artiste hereby agrees to indemnify, defend, and hold harmless the Agency from any injury, loss or liability whatsoever including reasonable attorneys’ fees and/or any other associated costs, from any action, claim, or demand that the Artiste or legal representatives, has or may have for any and all personal injuries the Artiste may suffer or sustain, regardless of cause or fault as a result of, arising out of, associated with, or resulting directly or indirectly from Artiste’s voluntary participation in or decision to participate in an Assignment, travel to and from the Assignment and any and all related activities, on or off of the location of the Assignment.
13.5. The Artiste hereby agrees to indemnify, defend, and hold harmless the Agency from liability whatsoever as a result of, arising out of death, injury or disability of the Artiste or any loss or damage to the Artiste’s personal clothing or effects whilst travelling to/from or during any Assignment they undertake.
14.1. The Client has the right to contact the Agency with details of any grievances that they feel applicable to the Artistes on that Assignment. The Client in their discretion may reduce the payment of the Fee.
14.2. The Artiste agrees that in the event of any problem or disagreement whilst on an Assignment that they must inform the Agency immediately and not attempt to resolve the issue themselves.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, global pandemics, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Artiste shall not be entitled to assign its rights or obligations or delegate its duties under this Contract without the prior written consent of the Agency.
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
Any provision in this Contract which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Contract shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Contract, without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of such provision in any other jurisdiction.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Online Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
The Artiste agrees that they shall not without prior written consent from the Agency make public any information in connection with the business of the Agency or the Contract.
The Artiste will not at any time, whether during the currency of this Contract or at any time after the termination thereof, divulge any confidential information of the Agency or the Client to any person, organisation or other Agency.
23.1. This Contract sets out the entire agreement and understanding between the parties in connection with the subject matter hereof and supersedes all prior agreements, if any, between them.
23.2. No addition to, variation or consensual cancellation of this Contract shall be of any force or effect unless in writing and signed by or on behalf of each party.
The construction, performance and validity of this Contract shall be governed by South African law and, ,the parties hereby submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), regarding any and all disputes arising in connection with this Contract.
25.1. The Artiste acknowledges that they have read these Terms and Conditions and fully understand and appreciate the contents hereof.
25.2. No interpreter was necessary and The Artiste hereby fully approves the electronic submission method as their signature.
25.3. The Artiste hereby warrants that they are duly authorised (above 18 years) to enter into the Contract and confirm that by signing below via the online application form and submitting their details that they agree to the Terms and Conditions of the Contract and grant the Agency Power of Attorney in respect of contracts negotiated for Assignments on their behalf.
25.4. Submitting their details to Zane’s Artist Management shall be treated as if the Contract has been personally authorized and signed by the Artiste.
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