GTC
General Terms and Conditions (GTC)
flotainment PR management – People & Talent Management
These General Terms and Conditions govern the business relationship between flotainment PR management and its commercial clients in connection with talent placement, casting, people management and the placement of actors, voice artists and models.
Table of Contents
- Scope of Application and Subject Matter
- Nature of the Placement Services
- Enquiries, Options and Bookings
- Usage Rights and Buyouts
- Agency Commission and Fees
- Payment Terms
- Cancellations and Cancellation Fees
- Working Hours and Assignment Conditions
- Client and Placement Protection
- Client Obligations
- Liability and Talent Unavailability
- Confidentiality and Data Protection
- Force Majeure
- Applicable Law and Jurisdiction
- Final Provisions
1. Scope of Application and Subject Matter
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all business relationships between flotainment PR management (hereinafter referred to as the “Agency”) and its clients in connection with the placement of individuals in the fields of acting, presenting, voice-over, modelling, advertising, promotion and other people and entertainment services.
1.2. These GTC apply exclusively to business clients within the meaning of the Austrian Commercial Code (UGB), in particular advertising agencies, production companies, film and photography production companies, brands, businesses, event organisers and other commercial clients.
1.3. These GTC apply to all offers, enquiries, castings, options, bookings and placement services provided by the Agency, unless expressly agreed otherwise in writing.
1.4. Any deviating terms and conditions of the client shall only apply if the Agency has expressly agreed to their validity in writing.
1.5. The version of the GTC applicable at the time of the respective booking shall prevail
2. Nature of the Placement Services
2.1. flotainment PR management primarily provides talent placement services. The Agency connects clients with suitable talents and assists with selection, enquiries, coordination and booking arrangements.
2.2. The Agency places actors, voice artists, models, performers and other individuals for photography, film, video, advertising, social media, events and production projects.
2.3. As a general rule, the respective engagement or principal contract is concluded directly between the client and the talent. The Agency does not automatically become a contractual party to the artistic or other services provided by the talent.
2.4. Unless otherwise agreed in a separate written agreement, the Agency does not assume the role of employer or any employment-related, organisational or professional responsibility for the placed talent.
2.5. The actual legal classification of each engagement shall be determined by the circumstances of its implementation and the applicable statutory provisions. Merely describing a service as a placement service does not exclude the application of mandatory employment law provisions.
2.6. Separate management, consulting, production or organisational services shall require an individual agreement.
3. Enquiries, Options and Bookings
3.1. Enquiries submitted by the client shall initially be considered non-binding requests.
3.2. The Agency may reserve requested talents through so-called options. An option is a temporary reservation of a potential assignment date and does not constitute a confirmed booking.
3.3. The following option levels apply:
First Option: First priority reservation for the requested date.
Second Option: Secondary reservation, subject to an existing First Option.
Third Option: Further subordinate reservation.
3.4. An option shall only become effective once expressly confirmed by the Agency. The respective option status and validity period shall be communicated individually.
3.5. If a First Option is requested or confirmed as a binding booking, the Agency shall be entitled to inform holders of subordinate options and request a decision regarding their continued reservation.
3.6. An option shall automatically expire upon the expiry of the communicated deadline unless expressly extended.
3.7. A confirmed booking shall come into effect once the client has irrevocably confirmed the booking and the Agency has confirmed it in writing, by email or through another agreed communication channel.
3.8. Upon confirmation of the booking, the agreed services, assignment times, fees, usage rights, production conditions and these GTC shall form the contractual basis.
3.9. Any amendments to an already confirmed booking shall require the consent of the parties concerned.
4. Usage Rights and Buyouts
4.1. The placement of a talent does not automatically include the transfer or granting of any image, audio, personality, performance or other usage rights.
4.2. The use of photographs, videos, film recordings or audio recordings shall only be permitted within the scope of the individually agreed usage rights.
4.3. Before each booking, the following usage parameters shall be defined in particular:
Purpose of use and campaign
Duration of use
Geographical territory
Media and channels used
Online and social media usage
Television, cinema and streaming usage
Print, posters and outdoor advertising
Internal corporate communications
Any other agreed forms of use
4.4. Usage rights may be limited in terms of duration, territory and content. The specific scope shall be determined by the respective offer or booking confirmation.
4.5. Any use not expressly agreed upon shall be prohibited. In particular, a booking for social media does not automatically grant permission for use in television, cinema, print or other advertising media.
4.6. Unless otherwise agreed, the agreed usage period shall commence upon the first publication or release of the relevant campaign.
4.7. Any extension of the usage period or expansion of the originally agreed usage rights must be coordinated with the Agency before the existing rights expire and shall be subject to an additional fee.
4.8. This applies in particular to:
Extension of an advertising campaign
Additional countries or markets
Additional media and advertising channels
Reuse of photographs or video material
New campaigns using previously produced material
Additional paid media or performance advertising
4.9. Any use exceeding the agreed scope shall require prior approval and, where applicable, an additional buyout agreement.
4.10. The transfer of material to third parties, editing, further exploitation or use for other advertising purposes shall only be permitted within the expressly agreed scope.
4.11. Any use of a talent’s image, voice or performance for the creation or modification of artificial likenesses, synthetic voices, AI-generated content or digital avatars shall require a separate express agreement.
4.12. Upon expiry of the usage rights, the client shall cease any further active use and remove the relevant advertising material from its controllable publication and advertising channels, insofar as this is legally and practically possible and required.
4.13. In the event of unauthorised use, the Agency and/or the affected talent reserve all statutory claims, in particular claims for injunctive relief, appropriate remuneration and damages.
4.14. Additional reasonable remuneration for unauthorised use may be calculated based on the duration, reach, type of media and extent of such use. Any additional contractual penalty shall only apply if expressly agreed separately and validly.
5. Agency Commission and Fees
5.1. For every successfully completed talent placement, flotainment PR management shall receive an agency commission of 20% of the total agreed talent fee.
5.2. The agency commission shall be charged in addition to the talent fee and shall be payable by the client to the Agency, unless expressly agreed otherwise in writing.
5.3. The calculation basis shall be the total agreed remuneration of the placed talent, including in particular:
Full-day and half-day fees
Hourly fees
Voice-over and performance fees
Buyouts and usage rights fees
Extension and repeat booking fees
Agreed additional fees
Overtime compensation
5.4. The commission shall therefore amount to 20% of the total relevant talent remuneration. Statutory VAT shall be charged additionally, where applicable.
5.5. The Agency’s entitlement to commission shall arise upon the successful conclusion of a binding booking between the client and the placed talent.
5.6. This shall also apply if the client subsequently engages the talent for the same or another project as a result of the original placement. The provisions regarding client and placement protection under Section 9 shall apply.
5.7. In the event of extensions, expansions or additional usage rights, the Agency shall also receive a 20% commission on the additional agreed talent remuneration.
5.8. If several talents are placed for one project, the commission shall be payable separately for each talent actually booked.
5.9. Separately agreed services such as casting organisation, research, consulting, production coordination or special services may be charged additionally.
6. Payment Terms
6.1. Unless expressly agreed otherwise, all Agency invoices shall be payable within 7 calendar days of the invoice date, without deduction.
6.2. The Agency shall be entitled to request full or partial advance payment before the commencement of an agreed assignment.
6.3. For short-notice bookings, the Agency may make full payment prior to the assignment date a condition for proceeding with the booking.
6.4. Invoices for talent fees and agency commissions may be issued separately or jointly, depending on the agreed contractual and billing arrangements.
6.5. In the event of late payment, statutory default interest and claims under Austrian law shall apply, in particular pursuant to Section 456 of the Austrian Commercial Code (UGB), where applicable.
6.6. Reasonable reminder, collection and legal enforcement costs may be charged to the extent permitted by law.
6.7. The client may only offset claims against the Agency’s claims if such counterclaims are undisputed or have been established by a final court decision, insofar as legally permissible.
7. Cancellations and Cancellation Fees
7.1. A confirmed booking may not be cancelled unilaterally and free of charge unless otherwise agreed in writing.
7.2. In the event of cancellation by the client, the following cancellation fees shall apply as agreed lump-sum cancellation amounts:
More than 7 calendar days before the assignment: 25% of the agreed talent fee.
Between 7 calendar days and 48 hours before the assignment: 50% of the agreed talent fee.
Less than 48 hours before the assignment: 100% of the agreed talent fee.
7.3. Cancellations must be submitted in writing. The relevant time shall be the time at which the cancellation is received by the Agency.
7.4. The agreed cancellation amounts take into account, in particular, the binding reservation of the date, the lost assignment opportunity, the reduced possibility of securing alternative bookings at short notice and the administrative work already performed. The client shall remain entitled to prove that no damage or substantially lower damage has occurred.
7.5. In the event of cancellation, the Agency’s commission shall be based on the cancellation compensation actually payable or on a separate agreement.
7.6. Any travel, accommodation, styling, production or other third-party costs already incurred and no longer refundable shall be reimbursed additionally, provided they were commissioned or approved by the client.
7.7. For bookings expressly agreed to be weather-dependent, the individually agreed weather and postponement conditions shall apply. A postponement free of charge shall only be possible if expressly agreed before the booking.
7.8. If an assignment is postponed by the client, there shall be no automatic entitlement to the availability of the originally booked talent on the new date.
8. Working Hours and Assignment Conditions
8.1. Unless otherwise agreed, a standard working day for models and performers shall comprise a maximum of 8 hours, and a half-day booking shall comprise a maximum of 4 hours.
8.2. Different time arrangements may apply to voice artists, presenters, acting productions and other assignments and shall be agreed individually.
8.3. The assignment times specified in the booking confirmation shall be decisive. Statutory breaks and rest periods must be observed and shall only count as working time where required by law or contract.
8.4. Any extension beyond the agreed assignment duration shall be considered additional working time and shall be remunerated separately.
8.5. Overtime compensation and surcharges shall be agreed individually before the commencement of the assignment. In the absence of a separate agreement, approval and an appropriate remuneration agreement must be obtained before exceeding the agreed assignment duration.
8.6. The client shall be responsible for providing safe and appropriate working conditions.
8.7. The client shall comply with all applicable statutory provisions, in particular occupational health and safety, security, health protection and youth protection regulations, insofar as they apply to the respective assignment.
8.8. The talent must be informed in good time of any special requirements, physical demands, filming conditions, hazardous situations, costumes or other extraordinary assignment conditions.
9. Client and Placement Protection
9.1. Contacts with talents established through flotainment PR management form part of the Agency’s commercial placement services.
9.2. The client undertakes not to bypass the Agency by directly booking a talent specifically proposed, introduced or placed by the Agency for subsequent assignments, provided that the relevant contact or business relationship was demonstrably established through the Agency’s placement services.
9.3. Placement protection shall apply for a period of 12 months from the last booking arranged by the Agency or from the documented introduction of the relevant talent, provided that a specific business relationship has resulted from such introduction.
9.4. Direct bookings shall be permitted if the Agency has given its prior written consent or if a corresponding agreement has been made.
9.5. Business relationships between the client and the talent that demonstrably existed prior to the Agency’s placement shall be excluded from this provision, provided that the client can reasonably substantiate such relationships upon request.
9.6. In the event of a culpable breach of the placement protection provisions, the client shall be obliged to pay a reasonable contractual penalty amounting to twice the Agency commission incurred or agreed for the relevant assignment.
9.7. The right to claim additional damages shall remain unaffected, subject to the applicable statutory provisions and a valid agreement. Judicial reduction pursuant to Section 1336 of the Austrian General Civil Code (ABGB) shall remain unaffected.
9.8. These provisions serve to protect the Agency’s placement services and legitimate commercial interests. They do not constitute a general non-compete obligation.
10. Client Obligations
10.1. The client undertakes to provide all information required for the placement and execution of an assignment fully and truthfully.
10.2. Such information shall include, in particular:
Project description and scope of assignment
Date, time and location
Nature and extent of the activity
Talent fees and additional remuneration
Usage rights and buyout scope
Production and safety conditions
Any special physical or personal requirements
10.3. The client shall be responsible for obtaining all rights, permits and consents required for the production and subsequent publication.
10.4. Any subsequent change to the scope of the assignment or intended use shall require separate coordination.
10.5. The client shall treat the placed talent respectfully and provide appropriate working conditions throughout the assignment.
10.6. The transfer of contact details, personal information, sedcards or non-public documents relating to a talent to unrelated third parties shall not be permitted without appropriate authorisation.
11. Liability and Talent Unavailability
11.1. The Agency shall endeavour to carefully select suitable talents in accordance with the client’s respective requirements.
11.2. However, the Agency does not guarantee any particular commercial or artistic success of a production or advertising campaign.
11.3. In the event that a placed talent becomes unavailable due to illness, accident, force majeure or any other circumstance beyond their control, the Agency shall endeavour, where possible, to find a suitable replacement.
11.4. There shall be no entitlement to the provision of an equivalent replacement unless expressly agreed and practically possible.
11.5. If no suitable replacement can be found, payments already made for services not rendered shall be refunded or otherwise settled in accordance with the respective contractual arrangements.
11.6. The Agency shall be liable for its own culpable conduct in accordance with statutory provisions. In cases of slight negligence, liability shall, to the extent legally permissible, be limited to breaches of material contractual obligations.
11.7. Liability for indirect damages, loss of profit, production downtime, missed publication deadlines or other consequential damages shall be excluded to the extent permitted by law.
11.8. These limitations of liability shall not apply to damage resulting from injury to life, body or health, cases of mandatory statutory liability, wilful misconduct or gross negligence, insofar as exclusion of liability is prohibited by law.
12. Confidentiality and Data Protection
12.1. Both contracting parties undertake to treat confidential information obtained in the course of their cooperation as confidential.
12.2. This includes, in particular, non-public fees, production information, client data, contact details, personal information and internal business documents.
12.3. Personal data shall be processed exclusively in accordance with applicable data protection legislation, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
12.4. The sharing of talent profiles, sedcards and contact details shall take place exclusively for the purpose of carrying out the requested placement service and to the extent legally permitted.
12.5. Further information regarding data processing can be found in the Privacy Policy on the flotainment PR management website.
13. Force Majeure
13.1. Events of force majeure beyond the reasonable control of the affected contracting party may temporarily prevent or substantially impede the fulfilment of contractual obligations.
13.2. Such events include, in particular, natural disasters, governmental orders, war, pandemics, strikes, significant transport disruptions and other unforeseeable events.
13.3. The affected party shall inform the other contracting party without undue delay of the event and its anticipated consequences.
13.4. The parties shall endeavour to reach an amicable solution, in particular by postponing or adjusting the assignment.
14. Applicable Law and Jurisdiction
14.1. All legal relationships between flotainment PR management and the client shall be governed by Austrian law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as such exclusion is legally permissible.
14.2. The competent court at the registered seat of the Agency shall be agreed as the place of jurisdiction, insofar as such jurisdiction agreement is legally permissible.
14.3. Mandatory statutory places of jurisdiction shall remain unaffected.
15. Final Provisions
15.1. Amendments and supplements to individual agreements shall require text form unless a stricter statutory form is required.
15.2. Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
15.3. The relevant statutory provisions shall apply in place of any invalid provision.
15.4. Individual written agreements between the Agency and the client shall take precedence over these GTC to the extent of the respective agreement.
15.5. The latest version of these GTC shall be available on the flotainment PR management website.