Agency Pro Software Inc End User Agreement


1. GENERAL 

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 support@agencyprotalent.com or by calling customer support at 800-985-9147 30 days prior to the desired termination date.

4. PRIVACY

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 (support@agencyprotalent.com) 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.

agencyprosoftware.com Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website. 

What personal information do we collect from the people that visit our blog, website or app? 

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information (only when activating), social security number (only if required by your company) or other details to help you with your experience. 

When do we collect information? 

We collect information from you when you register on our site, place an order or enter information on our site.
How do we use your information? 

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.

      • To quickly process your transactions.

      • To send periodic emails regarding your order or other products and services.

How do we protect visitor information? 

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. 

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. 

All transactions are processed through a gateway provider and are not stored or processed on our servers. 

Do we use 'cookies'? 

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

      • Understand and save user's preferences for future visits.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

 If you disable cookies off, some features will be disabled It won't affect the users experience that make your site experience more efficient and some of our services will not function properly. 

However, you can still place orders .

Third Party Disclosure 

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. 

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. 

Third party links 

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. 

Contacting Us 

If there are any questions regarding this privacy policy you may contact us using the information below.

agencyprosoftware.com

PO Box 962

Bala Cynwyd, PA 19004

United States

support@agencyprotalent.com

6103825112

Last Edited on 11-16-2015

GREER LANGE MODEL & TALENT AGENCY, INC. TALENT AGREEMENT

This agency is duly licensed and bonded to the Commonwealth of Pennsylvania. Inquiries may be addressed to the Division of Private Employment Licenses, Seventh and Forster Streets, Harrisburg, PA 17120.

In consideration of Greer Lange Talent Agency, Inc. (hereafter called “Agency”), placing my name in its selected list of talent, and in further consideration of the Agency’s efforts to seek and find employment for me as a model or other occupations (hereafter called “Performer”), as fall within the intent of a Pennsylvania Theatrical License, in the field of advertising arts, entertainment, radio, television, theater, promotional endeavors and others:

I hereby agree to pay the Agency 20% of all live and print talent fees received by me as a result of employment obtained by, through, or as a result of information obtained as a result of contact with the Agency. General promotional rates are paid on an hourly, flat-fee basis, and are not bound by above mentioned agency percentages. Performer reserves the right to accept and/or reject such bookings.

I agree that the Agency may offer me “package promotions” and print buyouts. Performer reserves the right to accept and/or reject such bookings. Provided: Agency and Performer are agreed in advance as to the amount of each fee.

I agree to pay the commission for fees received by me from any additional employment with employers with whom I first received work or whom I was first introduced to through the Agency, unless such employment is through direct offers of a client not affiliated with the Agency. I agree to refer any employers making direct offers of employment to me to the Agency having last introduced me to that employer. Provided: This shall not be construed as prohibiting my right of private contract with any employer or employers contracted by me solely. I understand that working directly for a client of the Agency without the Agency’s knowledge shall be grounds for dismissal, and that I am not permitted to contact Agency clients without direct permission from the Agency.

I agree that all talent fees earned by me shall be paid directly to the Agency, the Agency being hereby authorized to deduct its percentages before transmitting payment to me. Should payment be forwarded to me directly by the employer, I agree to reimburse the Agency its standard commission. I further agree that if I cancel an accepted booking for any reason other than a true emergency, that I will pay a $50 cancellation fee to the Agency.

I agree to conduct myself while employed through the Agency with propriety and dignity, to refrain from use of alcoholic beverages, and to uphold at all times the status of a professional performer. I agree to cooperate with the Agency by keeping it informed of my availability at all times, and to immediately notify the Agency of any emergency preventing prompt arrival, or any inability to report to assignments.

It is mutually understood and agreed that talent:

1. You must remit all federal, state and local taxes, Medicare withholding, Social Security and unemployment taxes.
2. You are personally responsible for public liability and worker’s compensation insurance.
3. As an independent contractor you are not entitled to sick leave, vacation, health insurance or retirement benefits, as such as provided exclusively to employees.
4. You will be provided with an IRS Form 1099 as to compensation received and should consult your tax advisor concerning estimated tax payment requirements.
5. That Agency will only pay talent fees after receipt of funds from said Agency’s client. Payment to Performer will then be made within ten (10) business days from receipt of said funds.
6. Greer Lange Talent Agency, Inc. may terminate this Agreement at any time for any reason if it deems your termination to be in the best interests of Greer Lange Talent Agency, Inc. or its client. You may terminate this Agreement by providing at least ten (10) days written notice of intent to terminate. All the terms of this contract will remain in effect for 12 months following the termination of this contract.
7. You agree to indemnify and hold harmless Greer Lange Talent Agency, Inc. and its employees or agents with respect to any expense, liability cost (including court costs and attorney fees) incurred as a result of your default under this agreement.
8. You are free to contract for similar services and provide such services to other businesses without the consent of Greer Lange Talent Agency, Inc, and that this is a non-exclusive agreement.
9. You agree that representation with Greer Lange Talent Agency does NOT guarantee you work in the industry.

Performer, for his/herself and his/her successors and assigns hereby agrees to indemnify, defend and hold harmless GLTA and its officers, directors, shareholders, employees, successors and assigns (collectively, "the Agency") from and against all losses, liabilities, claims, demands, causes of action, damages, costs, including reasonable attorney's fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused in whole or in part by any act, omission, negligence or fault of Performer or of any employer (or the agents or employees of such employer) to which Performer is referred pursuant to this Agreement, including but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property, any liability for fines, fees or penalties for violations of any statutes, ordinances, codes, rules, regulations, or standards applicable to Performer, employer, or Agency.

This Agreement constitutes the entire agreement between Agency and Performer and no statement, promise or inducement made by either and which is not contained herein shall be binding or valid and this contract may not be enlarged, modified or altered except in writing signed by both Agency and Performer, and accepted by the Private Employment Bureau.

GREER LANGE TALENT AGENCY: POLICIES AND PRACTICES
Important Note For Represented Talent: Deviation from these policies may be grounds for dismissal from the agency.

BILLING/PAYMENT
All billing is to be handled through Greer Lange Talent Agency, Inc. No talent will be allowed to bill directly. Submit vouchers (when applicable) promptly following a booking and make sure they are completely filled out and signed by the Client. Understand that you will be paid as soon as the client pays the Agency. We will make every effort to collect quickly, but some companies are on a 60, 90 or even 120 day pay period. Do not call the office expecting payment before 60 days have passed and never call the client about payment. All billing inquires must be sent in writing to info@greerlange.com. Any requests for check replacements/lost checks will incur a $25 charge (or deduction from total amount of check).

SUBMISSION/CHECK-IN POLICY
Please understand that our primary obligation is to our clients and to fill the work they send us. We submit DAILY to breakdowns, as well as ALWAYS seeking additional commercial and print clients! We do not notify talent before they are submitted for work. Please respect our no-call policy. Updates by email are a great way to stay in touch, and you should include your website link/headshot in those emails. However, the BEST way to keep us up to date is to keep your online portfolio up to date since we see them all the time. You can/should drop us an email if you post new pictures.

AVAILABILITY
Update your agency portfolio to notify us of vacation dates, times when you are unavailable for bookings, and new addresses and phone numbers. Make sure to check phone messages and email daily, and make it a priority to return calls to our office no later than 5:00PM the same day.

APPEARANCE/HEADSHOTS/PHOTOS
Keep your headshot/photos UP TO DATE! Clients expect you to look exactly like your picture when you walk in the door. Make sure you provide the agency with UPDATED headshots w/ resume attached and trimmed, or upload headshots and resume information directly onto your profile on Agency Pro Software.

BOOKING TIMES/ PREPARATION
Understand that YOU can cause US to lose a client! Professionalism is extremely important. Arrive at least a half hour prior to your scheduled booking so that clients have time to select wardrobe and you are ready to shoot at the scheduled time. Bring a good selection of clothes if so requested. Verify directions and check maps to make sure you know where you are going. Notify office immediately of any confusion with booking information or emergencies that will make you late for a booking. Be courteous on set. NO cell phone conversations, talking about rates, etc. Any problems or concerns should be directed to Greer Lange.

CASTING DIRECTORS
It is your responsibility to make sure that you are on file with all the Philadelphia casting directors. Casting directors will not accept a submission for a talent that they do not know! We are not able to accommodate requests to provide private appointments, so please see below the specific policies of each casting director for getting on file at their open calls. In addition, to be eligible for submissions through the NY breakdown service, you must create an account online at www.ActorsAccess.com.