Terms of Use
Onset Productions LLC is a audience ticketing/casting
company that allows members to create profiles online in order to obtain FREE
tickets to TV shows and events, and to be cast for TV shows. By using the Onset
Productions Website you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member. If you wish to
become a Member, please read this Agreement and indicate your acceptance by
following the instructions in the Registration process. Membership is FREE.
This Agreement sets out the legally binding terms for your use of the Website
and your Membership in the Service. Onset Productions LLC may modify this
Agreement from time to time and such modification shall be effective upon
posting by Onset Productions LLC on the Website. You agree to be bound to any
changes to this Agreement when you use the Service after any such modification
is posted. This Agreement includes Onset Productions policy for acceptable use
and content posted on the Website, your rights, obligations and restrictions
regarding your use of the Website and the Service and Onset Productions Privacy
Policy.
The personal information you provide on Onset Productions will not be shared
with anyone except in the limited circumstances provided in our Privacy Policy.
Your Onsetproductions.com profile will include the following items: your first
and last name, telephone numbers, e-mail address, street addresses, birthday
and photographs posted by you. Your information or photographs may not contain
nudity, violence, or offensive subject matter.
Onset Productions LLC reserves the right, in its sole discretion, to reject any
account by you, or to restrict, suspend, or terminate your access to all or any
part of the Website and/or Services at any time, for any or no reason, with or
without prior notice, and without liability.
By participating in any offline Onset Productions LLC event, you agree to
release and hold Onset Productions LLC harmless from any and all losses,
damages, rights, claims, and actions of any kind including, without limitation,
personal injuries, death, and property damage, either directly or indirectly
related to or arising from your participation in any such offline Onset
Productions LLC event.
Membership Eligibility.
Membership in the Service is void where prohibited. By using the Website and
the Service, you represent and warrant that all registration information you
submit is truthful and accurate and that you agree to maintain the accuracy of
such information. Your profile may be deleted without warning, if it is found
that you are misrepresenting your information. Your Membership is solely for
your personal use, and you shall not authorize others to use your account,
including your profile or email address. You are solely responsible for all
Content published or displayed through your account.
Audience Policy. If selected to attend a show where you are given an incentive in cash/check for attending,
contractor acknowledges that he/she is NOT an employee of OnSet
Productions, is non union and agrees to being an independent contractor for the time allocated to each show/event. If you make $600 or more in a calendar year, you will be required to provide us with a Social Security number and address for a 1099 form to be mailed to you from us at the end of the year. All shows that are paid that you attend are recorded in your account and by our staff to be sent to the IRS for tax purposes. Below are agreements between OnSet Productions and the contractor if selected to attend a show/event that is NON UNION and given an incentive.
1.
Onset Productions is in the
business of providing audiences for television shows/events. Contractor has
agreed to be a member of the audience/model and/or production
coordinator/assistant for the show/event entitled above to be filmed/taped.
2.
As compensation for Contractors
services, Onset Productions agrees to pay the Contractor in cash/check as an incentive. No residuals or overtime compensation will be given to Contractor for services rendered. This is a Flat rate. Contractor
acknowledges that he/she is NOT an employee of Onset Productions.
3.
Onset Productions shall not be
liable to Contractor for any expenses paid or incurred by Contractor unless
otherwise agreed upon in writing by Onset Productions.
4.
Contractor shall supply, at
Contractors sole expense, all equipment, tools, materials and/or supplies to
accomplish the work agreed to be performed.
5.
Neither, federal or state, nor
local income tax not payroll tax of any kind shall be with held or paid by
Onset Productions of behalf of Contractor. Contractor shall NOT be treated as
an employee with respect to the services performed hereunder for federal or
state tax purposes.
6.
Because Contractor is engaged in
Contractors own independent business, Contractor is not eligible for, and will
not participate in and Employer pension, health, or other fringe benefit plan
of the client.
7.
Contractor understands that
Contractor is responsible to pay according to law, Contractors income taxes and
Contractor further understands that Contractor maybe be liable for self
employment (Social Security) tax to be paid by Contractor according to law.
8.
No workers compensation insurance
shall be obtained by Onset Productions concerning Contractor. Contractor shall
comply with workers compensation law requirements of the State in which they
reside.
9.
Contractor has no authority to
enter into contracts or agreements on behalf of Onset Productions. The
agreement does not create a partnership between the parties or an employment
relationship.
10.
Contractor declares that to the
best of his knowledge Contractor has complied with federal, state and local laws
regarding business permits and licenses that may be required to carry out the
work to be performed under this agreement.
11.
Each party herein warrants and
represents that each have a right and power to enter into and perform this
agreement and that neither party has made any prior or consistent commitments
or agreements.
12.
The laws of the States of
California and New York shall govern any questions as to the validity,
construction or performance of this agreement.
13.
Contractor is giving this release in consideration for OnSet
Productions allowing he/she to participate as a guest/participant in the
Programming. Contractor also
agrees that Onset Productions or Production company may make audio and video
recordings (including, without limitation, taking photographs) of me (including,
but not limited to, recording my voice, conversations, quotes, paraphrases,
sounds, and any performance of musical composition[s]), and/or relating to you
and your personal experiences, biographical data, incidents, situations, actions,
reactions and events which heretofore occurred or hereafter occur, based in
whole or in part upon, derived in whole or in part from, or otherwise suggested
by, your life story, for use in and in connection with the Programming (my
"Participation")
Copyright Policy. You
may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
Onset Productions LLC to terminate membership privileges of any member who
repeatedly infringes copyright upon prompt notification to Onset Productions
LLC by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the Service in a way that constitutes copyright infringement, please
provide Onset Productions with the following information: an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Proprietary Rights
in Content on Onset Productions LLC. Onset Productions LLC owns
and retains all proprietary rights in the Website and the Service. The Website
contains copyrighted material, trademarks, and other proprietary information of
Onset Productions LLC and its licensors. You may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information.
Limitation on
Liability. IN NO EVENT SHALL Onset Productions LLC BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE WEB SITE OR THE SERVICE, EVEN IF Onset Productions LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, Onset Productions LLC LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Onset Productions LLC FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
Disclaimers.
Onset Productions LLC is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service provided,
whether caused by programming associated with or utilized in the Service. Onset
Productions LLC is not responsible for the conduct, whether online or offline,
of any user of the Website or Member of the Service. Onset Productions LLC
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any user or Member
communication. Onset Productions LLC is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the
Internet or at any Website or combination thereof, including any injury or
damage to users and/or Members or to any person's computer related to or
resulting from participation or downloading materials in connection with the
Website and/or in connection with the Service. Under no circumstances shall
Onset Productions LLC be responsible for any loss or damage, including personal
injury or death, resulting from use of the Website or the Service or from any
Content posted on the Website or transmitted to Members, or any interactions
between users of the Website, whether online or offline. The Website and the
Service are provided "AS-IS" and Onset Productions LLC expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Onset Productions LLC cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
Term/Fees. This
Agreement shall remain in full force and effect while you use the Website, the
Service, and/or are a Member. You may terminate your membership at any time,
for any reason by emailing us at [email protected]
and saying DELETE MY ACCOUNT in the subject line. Make sure to include the name
and email you used to create the account. Our membership is FREE to all members.
However, if ever in the future by using the Service and by becoming a Member,
you acknowledge that Onset Productions LLC reserves the right to charge for the
Service and has the right to terminate a Member's Membership should Member
breach this Agreement or fail to pay for the Service, as required by this
Agreement.
Indemnity.
You agree to indemnify and hold Onset Productions LLC, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed
by you becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and Onset Productions LLC regarding the use of the
Website and/or the Service. The failure of Onset Productions LLC to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.