Welcome to the talent registration page. Please fill out as much information below as possible for consideration. You will receive an email notification when your account is approved in our database. At that time, you will be asked to login with your chosen username and password to update additional items in your account and to access booking information. If you are under the age of 18, you must have parental permission to work with our agency. Minors please have your parent/guardian submit the application for you and make sure that they submit their contact information within the application as well. If you are a talent (musical / actor / dancer) be sure to submit an audio and/or video demo of your talent to ZobeModelsAndTalents@gmail.com at the same time that you submit your application. If you do not submit a complete application it may be rejected. Thank you for your interest in working with us here at Zobe Models & Talents and Zobe Records.
Agency Pro Software Inc End User Agreement
1.1 Agency Pro Software Inc., is not an employment agency, talent agency or casting company. Agency Pro Software Inc., is a corporation that provides Agency Pro Software, an online talent management database that this agent/casting director/manager(s), company (hereinafter referred to as “your company”), may use to enhance their ability to work with you. Through the use of Agency Pro Software, you and your company are solely responsible for the content uploaded onto the Agency Pro Software database.
1.2. You and your company own and are solely responsible for all content on this database concerning you, and you and your company are solely responsible for all activities and results of those activities, that take place through the use of this database concerning you.
2. ACCOUNT USAGE
2.1. You agree to use the Agency Pro Software Inc., Web-Based Software and the online portfolio only for storing and distributing images and data of yourself in a lawful manner. You agree not to post or distribute any images on or through the Services unless you have been granted the right to do so by the owner of the images.
2.2. Changes can be made by you to your online portfolio at any time for no fees, 24 hours a day, and 7 days a week. Agency Pro Software Inc., and your company retain the right to remove images or data from your portfolio at any time.
2.3. The use of sexually explicit images on Agency Pro Software Inc., are expressly forbidden, and Agency Pro Software, Inc., reserves the right to remove such images.
2.4. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR USER NAME AND PASSWORD. You agree to notify your company or Agency Pro Software Inc., immediately if you believe your account is being used without your permission or has otherwise been compromised, or if you believe your password has been stolen.
2.5. Agency Pro Software Inc., is not responsible for any third-party misuse of the system or any interruption of service caused by hardware or software failure.
3. PAYMENTS: All payments for the AgencyPro services must be made directly to Agency Pro Software Inc and/or processed directly through this AgencyPro website system. All payments are Non-Refundable. I further understand and agree that this contract is continuous and that a charge will be made to my credit card on the renewal date which will be either monthly or yearly in the amount that I have agreed to pay on this billing activation payment page. If I joined monthly I agree to pay at minimum 12 monthly payments. If I decide to cancel my agreement, I will provide Agency Pro Software Inc written notice at email@example.com or by calling customer support at 800-985-9147 30 days prior to the desired termination date.
4.1. Agency Pro Software Inc., will not sell or knowingly release any personal information or information transmitted, communicated, or conveyed by you or your company that is intended to be confidential, to any third-parties, provided that such confidence is not prohibited by law. You acknowledge that if you voluntarily disclose your personal information (e.g., your full name, user name, email address, phone number, home address, etc) in any communication to third parties through any of the Agency Pro Software services it may result in unsolicited messages from those parties.
4.2. Agency Pro Software Inc. has the rights to use your contact information to email, mail or phone you in regards to your Agency Pro Software Inc. portfolio for any billing issues, new services, technical support and any services relating to your Agency Pro Software Inc. or AgencyProTalent account.
5. INDEMNIFICATION & LIMIT OF LIABILITY
5.1. You agree to defend and indemnify Agency Pro Software Inc., and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
(i) you or on your behalf in excess of the liability described above; or
(ii) by third-parties including as a result of
(a)your or your companys breach of these Web-Based Software Terms, Conditions and Notices or the documents referenced herein;
(b)your or your companys violation of any law or the rights of a third party; or
(c)your or your companys use of this Web-Based Software.
5.2 AGENCY PRO SOFTWARE’S LIABILITY WITH RESPECT TO ANY INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY you IN THE 12 MONTHS PRECEDING THE INCIDENT, WHETHER AN ACTION IS IN CONTRACT, TORT OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY
6. CUSTOMER SERVICE
6.1. QUESTIONS ABOUT AGENCY PRO SOFTWARE INC.
For general questions about your portfolio or Agency Pro Software Inc., please visit the support page on the top right once logged into your account, or contact your company directly.
6.2. PROBLEMS USING THE SOFTWARE: Please login to your talent portfolio and use the HELP/Support Form (located at the top right) for immediate assistance. If you are unable to access your portfolio, you may email our customer service department (firstname.lastname@example.org) or call us at 800-985-9147.
7. By submitting this application you are agreeing to receive twice-monthly emails about upgrade options and feature availability. To remove yourself from the marketing list, simply click the Unsubscribe option from any received message.
8. You agree to not post information or pictures that are not of a professional nature or which contravenes US Federal, International Trademark or copyright laws and restrictions in any way. You will be responsible for, and indemnify and hold harmless Agency Pro Software Inc., its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although Agency Pro Software Inc., and its affiliates may from time to time monitor or review postings and pictures on the Site, neither Agency Pro Software Inc., nor its affiliates is under any obligation to do so. Agency Pro Software Inc., reserves the right to change or modify portfolio information as needed and without notice. Agency Pro Software Inc. and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links, email addresses, images, and content submitted to, or posted on your portfolio. You agree to read and adhere to the guidelines, if any, of Agency Pro Software Inc., regarding the posting of appropriate images and content. Violation of these Terms and Conditions will cause your membership to be terminated without a refund.
9. Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Agency Pro Software Inc. and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
10. Agency Pro Software Inc., makes no warranties, nor guarantees you will be booked or hired for jobs or work with your company with whom you are subscribing.
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We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
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PO Box 962
Bala Cynwyd, PA 19004
Last Edited on 11-16-2015
NON-EXCLUSIVE PERSONAL COMPANY AGREEMENT
This agreement is between Zobe Fashions, Models, & Talents / Zobe Records (hereinafter referred to as “Company”) and the individual reading this contract (hereinafter referred to as “Talent”). It is mutually understood and agreed upon that all terms and conditions contained herein are binding in this non-exclusive agreement between talent and Company entered into this day for a period of one (1) year.
Whereas Company will diligently pursue gainful opportunities for talent in the entertainment industry in the fields of, but not limited to, film, television, commercials, video, runway modeling, print media, music, national and international sub agencies and all other work that may be related to the entertainment industry.
a) As compensation for services under this contract, Company shall be entitled to and paid a 15% commission of all gross income (before any deductions) and other monies or other considerations paid to talent, exclusive of any per diem payments or reimbursements for travel or wardrobe, employment remuneration or other receipts unrelated to the entertainment industry, but including payments for merchandising or other promotional efforts or bona fide opportunities of employment and subsequent offers of employment made during the term of this contract, regardless of when talent may receive such payments, even after the term of this contract has expired. This commission is separate and distinct from any commission billed to the client.
b) Company shall be entitled to all commissions and fees as described for work performed, offers made or opportunities initiated or royalties or residuals derived from commitments made during the portion of the term of this contract before termination.
c) Talent shall provide Company with copies of all documents pertaining to talent’s employment and earnings, during periods of time in which Company is entitled to compensation. This is a Non-Exclusive agreement, which is not intended to prohibit a talent’s right to obtain any work through the direct efforts of another agency or to obtain employment from any employer who is solely contacted by the talent. If through the effort of Company, I am placed with another agency, Company will become the “Mother Agency” entitled to a minimum of 5% of talent's earnings for three years.
d) All payments to talent under this contract shall be paid through Company. Company shall, upon verified receipt of such payments and verified receipt of all monies due to Company from talent, disperse monies due to talent promptly to talent. Talent shall not at any time during this contract, or after the term of this contract has expired, engage in any action to divert receipt of payments or compensations due under the terms of this contract from being transmitted to Company and paid to talent through Company.
e) All work secured through Company during the term of this agreement shall be considered a commissionable contract payable to Company as long as talent is employed through Company, extending through and beyond any contract between Company and talent. Net monies earned after the Company’s commission is deducted, shall be paid directly to talent by Company.
f) The term talent includes any corporation owned, partially or wholly, or controlled either directly or indirectly by the talent or talent’s family, whose purpose shall be to “loan out” talent’s services. Talent shall cause such corporation to enter into agreement with Company on the same terms herein. A failure by talent to cause such agreement to be entered into with Company will still cause talent to be responsible for commissions.
g) In the event of death of Executives of Company, commission obligations to talent will be paid to the heirs, administrators, executors, successors, assigns or estate of Company.
All funds that Company collects and receives for talent will be deposited into Company’s non-interest bearing trust account. Company will deduct any sums due to manager, including Company’s commission. Company will then forward to talent a check drawn on Company’s trust account for all sums due to talent. Company has up to 60 days from the receipt of the check for the job earnings in order to pay talent for the job. Company may deduct any previous balances or advances from monies received for talent. Talent must designate Company as recipient of monies earned on contracts filed by talent, both on location and off, to expedite proper payment of earnings.
Company is not required to make any loans or advances to talent. Company is not required to incur any expenses to or for talent. If such does happen, talent agrees to reimburse Company promptly. At Company’s sole option, Company is authorized by talent to withhold any such loan, advances or expenses from funds received by Company for talent’s work. Talent agrees and in fact authorizes Company to collect and receive monies on talent’s behalf.
Company agrees to perform one or more of the following services for talent during the term of this agreement:
a) Advise and counsel talent in all matters pertaining to publicity, public relations and career and image development.
b) Refer talent to industry professionals for training and development if needed to further enhance talent’s career.
c) Advise and counsel talent in respect to compensation, privileges and amenities that talent is entitled to.
d) Advise and counsel talent in the selection of literary, print and artistic material.
e) At such time as Company feels unable to provide proper representation for any reason, Company shall promptly notify talent in writing. Such notification by Company shall be grounds for voiding this contract.
f) Promotion of talent after receipt of all relevant materials.
a) Provide Company with the necessary material to be promoted such as composite cards, headshots, portfolio and additional copies of portfolio, demo reels, cassettes, CD’s and all other related material requested.
b) Be marketable with the proper training and development.
c) Pay all postage plus shipping e.g. federal express, etc. for portfolios, headshots, images, demo reels, CD’s or any other material requested by clients or agencies.
d) Always maintain a professional attitude and appearance in any interactions with clients or agencies, both at interviews and on set. Talent is the representative of the Company in the workplace and must conduct himself/herself accordingly. Inability of talent to do so may be considered grounds for termination of contract.
e) Talent will at all times pursue talent’s career and do all things necessary and suitable to promote said career and the earnings there from. Talent will communicate to Company all offers and opportunities of employment received by talent and discuss said offers or opportunities with Company to be involved. Talent will refer all inquiries concerning talent’s employment involved with Company. Talent will obtain and maintain membership in any and all unions, guild and /or associations necessary to obtain employment in the entertainment industry.
f) Have a valid passport issued in the country of residence should immediate overseas bookings arise as a result of promotion.
g) While I am on assignment, I agree to refer employers making direct offers of employment to me to contact the Company.
h) Talent hereby agrees to keep and be on time for all appointments, interviews, auditions, go-sees, callbacks, photo shoots, etc. and shall hold Company harmless and free from any liability if talent fails to keep or be on time for any of the aforementioned appointments.
ONCE ALL RELEVANT MATERIALS ARE AVAILABLE COMPANY SHALL BEGIN PROMOTION OF TALENT.
Company shall not be held liable by talent for the individual actions of any person employed, contracted or represented by Company or any person, group, business or organization who employs talent upon referral of Company. Company does not guarantee the success of talent’s career or the quality of any product, service or work of any person, business, group or organization that employs or seeks to employ talent or is contracted by talent upon referral of Company. Company will not be liable, and talent shall not hold Company accountable for any injury or damage incurred by talent while in attendance at any event, interview, audition, job, meeting or other such functions, or en route thereof, in which talent attends upon the referral of Company.
Talent and Company agree that any dispute or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance, default or breach of this agreement will be resolved through a two-step dispute resolution process administered by a mediator, followed by, if necessary, by submission to final and binding arbitration conducted at a location within the Washington DC metropolitan area as determined by the arbitrator. Then prevailing Rules of Practice and procedure and not by a lawsuit or resort to court process except as Maryland State law provides for judicial review of arbitration proceedings.
Talent and Company, by entering into this agreement, understand that they are giving up their right to have any such dispute or claim decided in a court of law before a jury and instead are accepting the use of arbitration. This arbitration agreement shall apply to any legal claims or civil action in connection with the obligations of talent including, but not limited to, funds or commission due to Company. Talent and Company agrees to a binding arbitration for any dispute where the claim is greater than $5,000.00 and/or is non-contractual in nature. The prevailing party in any arbitration or other legal costs action hereunder shall recover all including reasonable attorney’s fees.
I hereby agree all information, images, media, video, and photographs submitted to Zobe (Company) will have written permission of use by Company, Clients, and Photographers. Therefore Company will not be held liable for any Copyrighted images without written permission of Copyrights. Images, media, video, and photographs submitted to Company must not be cropped or altered from original Copyright without permission of the Copyright holder. Company is not held liable for any images, media, video, or photos that have been altered or cropped for submission. Using any images, media, video, or photos without permission is in violation of Federal and International Copyright Laws. I assign to the Company all rights, title and interest of any images, media, video, or pictures I give the Company or the Company takes of me. The Company may reproduce, copy, or distribute all images, media, video of me including photos of me, that are now in the possession of Company or are later acquired by the Company, for the purpose of furthering my professional career.
This agreement shall automatically be renewed and extended for successive additional periods of one (1) year commencing immediately following the prior term, unless either party gives the other a written notice by overnight courier or certified mail of its intention and desire not to renew the agreement not less than thirty (30) days prior to the expiration of the term current to this agreement.
Talent states, under penalty of perjury, that he/she has fully read this agreement, understands, and agrees to its contents/ terms /conditions. All information provided to Company is correct to my knowledge. Talent acknowledges that he/she has had the opportunity to have this contract reviewed by an attorney of talent’s choosing. I certify that I am at least eighteen (18) years old. If talent is a minor, it is certified that the parent/guardian is the true and lawful guardian of talent and agrees to the contents herein.
Zobe Models & Talents / Zobe Records