Talent Terms

These terms are between you and Berisca Growth & Creative Intelligence - F.Z.E, licence number 52775, registered in Ajman Free Zone, United Arab Emirates ("Berisca", "we", "us"), and they govern your membership of the Berisca Talent Network ("the Network") and your use of this platform ("the Platform").

By creating an account you confirm that you have read and accept these terms and the Privacy Notice.

A particular piece of work can also be governed by the brief you applied to and by the booking terms for that job. Clause 19 says which of the three wins where they disagree.

The Network is a private, curated network operated by Berisca. Berisca is a growth and creative intelligence agency, and it casts its own client work from the Network.

To be explicit about what your membership is not:

• It is not employment. Nothing here creates a contract of employment between you and Berisca or any client.
• It is not agency or representation. Berisca is not your agent, your manager or your representative. It does not act on your behalf and cannot commit you to anything, unless a separate signed agreement says otherwise.
• It is not exclusive. You are free to work with anyone you choose, at any time, including brands you approach yourself and brands that approach you, and including a client's competitors. The one exception is clause 7, which is narrow and applies only where Berisca itself introduced you to a client.
• It is not a promise of work. Membership makes you eligible to be considered. It does not guarantee that you will be shortlisted, booked or paid anything at all.
• It is not a marketplace. Clients cannot browse the Network, search it, or contact you through it. Berisca decides who is put forward for which brief.

The Network is for adults. You must be eighteen or over to hold an account. Berisca does not accept profiles for anyone under eighteen, and does not operate guardian-held accounts. You give your date of birth when you build your profile, and an account found to belong to someone under eighteen is removed.

You must be legally entitled to do the work you apply for in the United Arab Emirates, including holding any visa, licence or permit that work requires. That is your responsibility and Berisca does not verify it for you.

Joining is free. Berisca does not charge registration, representation, portfolio or membership fees, and no third party is authorised to charge you for access to the Network.

Every profile is reviewed by a person at Berisca before it can be shortlisted. A review ends in one of three ways: approved, changes requested, or not approved at this time.

Approval is at Berisca's sole discretion. Berisca is not required to give reasons, and a decision not to approve is not a judgement of your ability.

You are responsible for everything you put on your profile. You confirm that:

• the information you give is accurate, current and yours;
• you own, or have the necessary rights and permissions to use, every photograph, video and piece of work you upload;
• every identifiable person in material you upload has consented to it being on the Platform and shown to Berisca's clients;
• any figures you state (audience size, engagement, credits) are true, and you accept that Berisca may verify them and may mark them as verified, screenshot-supported, or self-reported.

You will keep your profile up to date, in particular your contact details, availability and any permit or licence details.

Berisca may correct, hide or remove profile content that is inaccurate, unlawful, infringing, or that Berisca considers unsuitable for the Network, without notice.

6.1 Presenting you to clients. You grant Berisca the right to hold your profile and to present it, in whole or in part, to a client casting a brief you are being considered for.

Where Berisca is pitching for new business it may also show your professional profile to a prospective client. In that case it shows the professional part only: never your contact details, and never the restricted photographs described in 6.4.

6.2 Promoting the Network. This one is optional and it is yours to give. Berisca would like to be able to show that you are part of the Network. That is a separate permission, it is asked for by a box of its own when you join, and it is not a condition of membership. Nothing about your profile, your review or your chances changes if you say no.

Where you have given it, you grant Berisca a non-exclusive, royalty-free licence to use your professional name, your social handles and images from your profile and portfolio to show and promote that you are a member of the Berisca Talent Network, and to promote the Network itself, on Berisca's own website, decks, social channels, presentations and client proposals. It covers your professional identity and your portfolio, and it does not cover the restricted photographs in 6.4.

You can withdraw it at any time by telling Berisca. Berisca then stops using your material in new promotion, on the terms in 6.7.

6.3 Content created on a booking. Photographs, video and other content created on a booking may be used by the client and by Berisca on the terms stated on that brief. The usage rights, the territory and the period are stated before you apply, and the booking terms for that job govern them.

6.4 Restricted photographs. Body, activewear or swimwear photographs, and close skin photographs, are held apart from the rest of your profile. Uploading one is optional, and doing so asks you for a separate consent at that moment, which is recorded with its date. They are never published and never browsable by a client. They are shown to a client only when Berisca releases them for a specific brief that calls for them, and deleting one removes it from every future brief immediately.

6.5 Artificial intelligence, digital replicas and synthetic media. Neither Berisca nor any client may use your image, your likeness, your voice, or any content you appear in, to train an artificial intelligence model, to create a digital replica or avatar of you, to replace or alter your face or your body by synthetic means, to clone your voice, or to generate any synthetic derivative of you.

The only exception is where all three of these are true: the brief said so, in these words, before you applied; you gave a separate written consent to that specific use; and the permitted use, its duration and its territory are stated in the booking terms for that job.

A general grant of usage rights is not consent to any of this. Silence is not consent. Nothing in a brief or in booking terms can reduce this clause, and it continues to apply after your membership ends.

6.6 What Berisca will not do. Berisca does not sell your data or your images, and does not share them for anybody else's marketing.

6.7 If you leave. The licence in 6.2 ends when your membership ends or when you withdraw that consent, and Berisca will stop using your material in new promotion. Material already published, printed, or delivered to a client before that date, and copies retained in Berisca's records or on a client's systems, may remain. Content created on a completed booking continues to be governed by the booking terms for that job.

6.8 Handing the content over, and approval before publication. Where the booking terms for a job ask you to hand the content over, you do that through the Platform — a file or a link to where it lives, either is fine — within the period those terms state, or within fourteen days if they state none.

Some briefs say that the client must approve the content before it is published. Where a brief says so, Berisca reads what you send first, then passes it to the client, and nothing is published until they have approved it. That step exists because on regulated work — medical, cosmetic, pharmaceutical, financial — the client holds the permit and carries the legal responsibility for what goes out under their name.

If changes are asked for, you will be told what they are. Neither Berisca nor a client may send work back without saying what is wrong with it. Asking for a change is not the same as asking for something the brief never mentioned: a different kind of shot, a different wardrobe, or a usage you were not told about is a new request, and clause 8 applies to it as it would on the day.

Read the limits of this clause before you read the clause. It does not make Berisca your exclusive representative, it does not stop you working with anybody in the market, and it does not apply to people you already knew.

What it covers. Where Berisca has introduced you to a client — by putting you forward for that client's brief, shortlisting you to them, or naming you to them — then for twelve months from that introduction you will not accept work from that client, or from anyone acting for them on the same project, arising out of that introduction, without Berisca's written agreement.

Berisca will not withhold that agreement unreasonably, and in most cases the answer is simply yes.

What it does not cover:

• A client you already knew, or had already worked with, before Berisca introduced you. Say so when you apply and it is settled then. This clause is about work Berisca brought you, not about your own relationships.
• Anybody else in the market, at any time, including that client's competitors.
• Work with that client that has nothing to do with what Berisca introduced you for, after the twelve months have passed.
• Anything at all once the twelve months are over.

Berisca's side of it. You are told who the client is before you are put forward, so you always know when this clause has been engaged and can say no before it applies to you.

Each brief states what you receive, what is asked of you, where and when, and anything the brief requires, before you apply.

Applying is not accepting. An application is an expression of interest. Nothing is agreed until Berisca confirms a booking with you and the booking terms for that job are accepted.

You may decline any brief, any requirement, or any part of one, at any point before booking terms are agreed.

And some things you can still refuse afterwards. You may withdraw your consent to any physical treatment, to nudity or intimate content, to swimwear or body exposure, and to any use of your image you are not comfortable with, at any time, including on the day and during the shoot. Nobody at Berisca, and nobody on a client's set, may treat an agreed booking as consent to something you have said no to.

Withdrawing at that point may end the booking, and the cancellation terms for that job may apply, which can mean you are not paid for it. That is a commercial consequence, it is the only one, and it is never a reason to go ahead with something you do not want to do.

And it is recorded as what it was. A booking that ends because you withdrew consent is recorded as a withdrawal. It is not recorded as a no-show, it does not count towards the reliability figures on your profile, it does not reduce the attendance rate a client sees, and the client is not told it was anything other than a booking that ended. Berisca's agreement with its clients obliges them not to describe it as a failure to perform either.

Berisca decides who is shortlisted and put forward. The client decides who is booked. Neither decision is one you are owed reasons for.

Compensation for a brief is stated on that brief, with its value in AED. It may be a service, a product, an experience, a fee, or a combination, and what is stated is the whole of what you receive for that work.

Berisca does not deduct commission from what a brief gives you.

Where a fee is payable, the paying party and the payment timing are stated in the booking terms for that job. Where a client pays you directly, Berisca is not the payer and is not liable for that payment, though Berisca will assist in chasing it.

Tax, zakat, licensing and any other obligation arising on what you receive are yours.

If you accept a booking you will attend on time, prepared, and you will deliver what the brief agreed.

What happens when a booking is cancelled is set by the booking terms for that job, and it differs from brief to brief. Those terms may provide for a cancellation fee, a kill fee, payment of expenses already incurred, and different treatment for a cancellation given early and one given late.

You are entitled to nothing on a cancellation except what the booking terms for that job say, and you owe nothing except what they say. Neither side should assume a rule that is not written down there.

If you cannot attend, tell Berisca as early as possible. Repeated late cancellation, or failing to appear without notice, is grounds for immediate removal from the Network, and Berisca may tell a client why a booking failed.

None of that applies to a withdrawal under clause 8. Exercising the right in that clause is not a late cancellation and is not a failure to appear, and it is recorded separately from both.

Some work counts as regulated advertising in the UAE and some does not. Where a brief involves regulated advertising, Berisca will say so on the brief, and will record and check the permit details you provide.

Obtaining and maintaining any permit or licence you need is your responsibility, not Berisca's, and Berisca gives no legal advice about it. You confirm that any permit details you give are true and current, and you will tell Berisca promptly if they lapse or are withdrawn.

On a booking your conduct reflects on Berisca and on its client, and you will behave accordingly: professionally, following reasonable direction on set, respecting the safety rules of the location, and treating everyone present with respect.

That is about conduct, not authority. You have no power to represent Berisca or a client, to speak on behalf of either, to agree anything for them, or to enter into any commitment that binds them.

You will not: misrepresent who you are; harass or discriminate against anyone; attend under the influence in a way that affects the work; remove, damage or fail to return a client's property; or make public statements about a client or about Berisca that are untrue or damaging.

Briefs, client names, budgets, unpublished creative material and anything you learn on a booking that is not already public are confidential. You will not disclose them or post about them before the client has published, unless the brief says you may.

Berisca may suspend or remove any account, at any time, at its sole discretion, including where these terms are broken, where information is false, where conduct on a booking falls short, or where Berisca decides an account is no longer a fit for the Network. Berisca is not required to give reasons.

You may close your account at any time, by telling us. Closing it does not release you from obligations under a booking you have already accepted, or from clause 7 where it has already been engaged.

The Platform is provided as it is. Berisca does not warrant that it will be uninterrupted or error-free, and does not warrant the conduct, solvency or performance of any client.

Berisca gives no guarantee of work, of income, of the number of briefs, or of being shortlisted.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

Subject to that, Berisca is not liable for indirect or consequential loss, loss of profit, loss of opportunity, or loss of reputation, and Berisca's total liability arising out of your membership of the Network is limited to the value of the compensation stated on the booking to which the claim relates, or AED 1,000 where no booking is involved.

You will be responsible for loss Berisca suffers as a result of your own breach of these terms, your own unlawful act, your infringement of another's rights in material you uploaded, or a substantiated third-party claim arising directly from your breach, unlawful act or wilful misconduct on a booking.

How Berisca collects, uses, stores and shares your personal data, including identification documents, measurements and the restricted photographs in 6.4, is set out in the Privacy Notice, which forms part of these terms.

Three documents can govern a piece of work: these Talent Terms, the brief you applied to, and the booking terms for that job.

For anything to do with a specific booking they rank in this order, and the higher one wins where they conflict:

• 1. The booking terms for that job.
• 2. The brief you applied to.
• 3. These terms.

For everything else — your membership, your profile, your data, and clause 7 — these terms govern, and a brief or a booking cannot change them.

Two things are a floor rather than a starting point. Nothing in a brief or in booking terms can reduce clause 6.5, on artificial intelligence and digital replicas, or clause 8, on withdrawing your consent. A brief that appears to do either has no effect to that extent.

Berisca may update these terms. The current version and its date are always on the Platform. Where a change is material, Berisca will tell you and ask you to accept the new version, and continuing to use the Platform after that means you accept it.

The Platform records which version you accepted and when. An earlier version is never rewritten: it stays as the record of what the people who accepted it actually agreed to.

Severability. If any part of these terms is found to be unenforceable, the rest continues to apply, and that part applies to the fullest extent it lawfully can.

No waiver. If Berisca does not enforce something, or is slow to, that is not a waiver of it and does not stop Berisca enforcing it later.

Assignment. Berisca may transfer these terms to a company that takes over its business, on notice to you. Your membership is personal to you and you may not transfer it to anybody else.

The whole agreement. These terms, the Privacy Notice, and the brief and booking terms for a given job are the whole of what is agreed between you and Berisca, and they replace anything said before. Nothing here limits liability for a statement made fraudulently.

Notices. Notices are given electronically, to the email address on your account, and are treated as received the day they are sent, provided Berisca has not received an automated delivery-failure notice. Keeping that address current is your responsibility.

Events outside anybody's control. Neither side is liable for a failure caused by something outside its reasonable control, including a shutdown, an act of a public authority, a serious weather event or a failure of infrastructure. A booking affected by one is handled under its own cancellation terms.

Headings are there to help you find things and do not affect meaning.

These terms are governed by the laws of the United Arab Emirates. Any dispute arising out of or in connection with these terms will be subject to the jurisdiction of the competent courts under applicable UAE law.

Berisca Growth & Creative Intelligence - F.Z.E, licence number 52775, Ajman Free Zone, United Arab Emirates.

talent@berisca.com