By accessing or using the BreakoutCasting website located at breakoutcasting.com (the "Platform"), submitting an application, creating an account, purchasing any product or service, or otherwise engaging with any feature of the Platform, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform. Your continued use of the Platform following any modification to these Terms constitutes your acceptance of such modifications.
These Terms constitute a legally binding agreement between you and BreakoutCasting ("Company," "we," "us," or "our"), a talent casting and representation platform operated in the United States. Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency relationship between you and the Company.
You must be at least eighteen (18) years of age to use this Platform in any capacity, including submitting an application, creating an account, or engaging with any content. The Company does not knowingly accept applications from or provide services to individuals under the age of 18. Any application submitted by or on behalf of a person under 18 will be immediately rejected and permanently deleted.
By using the Platform, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the full legal capacity and authority to enter into these Terms; (c) you are not prohibited from using the Platform under any applicable law or regulation; and (d) all information you provide to the Company is accurate, current, and complete.
The Company reserves the right to request proof of age or identity at any time and to terminate any account or reject any application where age or identity cannot be verified to the Company's satisfaction.
BreakoutCasting is a curated talent casting platform that connects verified talent with verified production companies, casting directors, and other industry professionals (collectively "Productions"). The Platform facilitates the discovery of talent and the posting of casting calls, but does not itself engage in the production of film, television, commercial, or other creative work.
The Company operates as a platform intermediary and, separately, as a talent representative through affiliated agency operations. These Terms govern your use of the Platform itself. Representation agreements, if any, are governed by separate written agreements executed between the Company or its affiliated agency and individual talent.
The Company reserves the right, at its sole discretion, to accept or reject any talent application, grant or revoke access to any portion of the Platform, approve or decline any production account, remove any casting call, modify or discontinue any feature or service, and make any other determination regarding Platform access and participation. Such determinations are final and are not subject to appeal except as expressly stated herein.
The Platform does not guarantee that any talent will receive casting calls, bookings, representation offers, or any other professional opportunities as a result of participation in the Platform. The Company makes no representations regarding the frequency, volume, or quality of casting calls that will be posted on the Platform at any given time.
Application Process. Talent may submit an application through the Platform's application form. All applications are reviewed personally by Company personnel. Submission of an application does not guarantee acceptance, placement on the roster, or access to the Platform's talent features. The Company may request additional materials, information, or documentation at any time during or after the review process.
Account Credentials. Upon application, talent create a password that is used in conjunction with their contact identifier for identity verification purposes when applying to casting calls. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur using your credentials. You agree to notify the Company immediately at support@breakoutcasting.com if you suspect any unauthorized use of your credentials.
Access Codes. Approved talent receive a unique personal access code that provides entry to restricted areas of the Platform, including active casting calls and Premium membership features. Your access code is personal and non-transferable. Sharing your access code with any third party is a material breach of these Terms and will result in immediate termination of your account and access code. The Company may deactivate any access code at any time, including upon account termination, for suspected misuse, or in connection with the expiration or cancellation of any applicable subscription.
Profile Accuracy. You represent and warrant that all information submitted in your application and appearing in your profile, including photographs, measurements, credits, skills, and other materials, is accurate, current, and belongs to you. You agree to promptly notify the Company of any material changes to your profile information. The Company may remove or correct inaccurate profile information at its sole discretion.
Photographs. By submitting photographs through the Platform, you grant the Company the rights described in Section 6 (Submitted Materials) below. You represent and warrant that you own or have the right to submit all photographs and that such photographs depict you and only you, were taken within the preceding twelve (12) months, and do not infringe the rights of any third party.
Verification Requirement. All production companies, casting directors, and other industry professionals seeking access to talent materials or the ability to post casting calls must complete the Company's verification process. Verification is provided at no charge and typically requires submission of business information, project details, and any additional documentation the Company may request. Verification does not guarantee ongoing access and may be revoked at any time.
Casting Call Listings. Verified productions may purchase casting call listings at the rates published on the Platform at the time of purchase. Listing fees are non-refundable once a listing has been made active on the Platform. All casting calls are subject to review and approval by the Company prior to publication. The Company reserves the right to refuse any casting call at its sole discretion, including but not limited to calls that are incomplete, misleading, potentially harmful, or inconsistent with the character and quality standards of the Platform.
Talent Package Orders. Productions may purchase curated talent package services, in which Company personnel assemble a selection of talent profiles matching the production's stated requirements. Talent packages are delivered within forty-eight (48) hours of confirmed payment and completed project brief. All talent package fees are non-refundable. The Company makes no guarantee that any talent featured in a package will be available for or interested in the production's project.
Confidentiality of Talent Materials. All talent profiles, photographs, measurements, contact information, and other materials accessed through the Platform are provided solely for legitimate casting and production purposes. Productions agree to treat all such materials as strictly confidential, to use them only in connection with the specific project for which they were accessed, and not to share, copy, distribute, or republish such materials without prior written consent from the Company.
No Circumvention. Productions agree not to contact any talent directly through means obtained from the Platform or to attempt to circumvent the Company's role as an intermediary. All talent inquiries and bookings must be conducted through the Platform or through the Company directly. Violation of this provision will result in immediate termination of production account access and may result in legal action.
License Grant. By submitting any photographs, videos, audio recordings, written materials, or other content to the Platform ("Submitted Materials"), you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute such Submitted Materials solely for the purposes of (a) operating and maintaining the Platform; (b) presenting your profile to verified productions; (c) promotional and marketing activities related to the Platform, including use on the Company's website and social media channels; and (d) any other purpose for which you provide explicit written consent.
Retention of Ownership. You retain all ownership rights in your Submitted Materials. The license granted above does not transfer any ownership rights to the Company. You may request removal of your Submitted Materials at any time by contacting support@breakoutcasting.com, subject to reasonable processing time and the Company's data retention obligations.
Representations and Warranties. By submitting any materials to the Platform, you represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to submit such materials and grant the licenses described herein; (b) the submission and use of such materials as described does not and will not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; (c) the materials are accurate and not misleading; and (d) the materials do not contain any content that is defamatory, obscene, unlawful, threatening, or otherwise objectionable.
Confidential Treatment. The Company treats all Submitted Materials, particularly photographs and personal measurements, as strictly confidential internal materials. Such materials are not made publicly available without your prior consent. Access to Submitted Materials by third parties (including productions) is limited to verified users for legitimate casting purposes as described in these Terms.
Subscription Plans. Approved talent may purchase a Premium membership subscription at the rates published on the Platform. Premium membership is available on a monthly basis at $24.99 per month or an annual basis at $199.00 per year. All prices are in United States Dollars and are subject to change with reasonable notice.
Billing and Renewal. Premium subscriptions are billed through the third-party payment processor designated by the Company. By purchasing a Premium subscription, you authorize the Company to charge your designated payment method for the applicable subscription fee at the beginning of each billing period. Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date.
Cancellation. You may cancel your Premium subscription at any time through your account settings or by contacting support@breakoutcasting.com. Cancellation takes effect at the end of the then-current billing period. No partial refunds are provided for unused portions of a billing period, except as required by applicable law.
Premium Features. Premium membership provides access to certain enhanced profile features, early access to casting calls, and other benefits as described on the Platform. The specific features included in Premium membership are subject to change. The Company does not guarantee that any particular feature will remain available throughout your subscription period, provided that the Company will endeavor to provide reasonable notice of any material change to Premium features.
Eligibility. Premium membership is available only to talent who have been approved and are in good standing on the Platform. The Company may revoke Premium membership access at any time upon account termination or for violation of these Terms, without refund.
Certain areas of the Platform, including the casting calls section and Premium membership features, are accessible only through the use of a personal access code issued by the Company to approved talent. Access codes are personal, non-transferable, and valid only for the individual talent to whom they are issued.
The Company uses cryptographic hashing to protect access code integrity. Access codes are stored in hashed form on the Platform's servers and are not retained in plain text. When you use your access code, the Platform verifies your code against its hashed record using industry-standard cryptographic methods.
Access code verification status is stored in your browser's local storage to maintain your authenticated session between visits. This local storage data does not contain your plain access code, only a record of your verified session. You may clear this data at any time by clearing your browser's local storage or site data. Doing so will require you to re-enter your access code on your next visit.
The Company reserves the right to deactivate any access code at any time, including upon account termination, for suspected misuse, sharing with unauthorized persons, or expiration of applicable membership or access rights. Deactivation of an access code will prevent future authenticated sessions but will not remove local storage data that may already be stored on your device.
In connection with your use of the Platform, you agree that you will not, and will not attempt to:
The Platform and all of its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, page layouts, and software, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
The BreakoutCasting name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use any such marks without the prior written permission of the Company.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purposes. This license does not include any right to resell or make commercial use of the Platform or its contents; to collect and use any listings, descriptions, or prices; to make any derivative use of the Platform or its contents; or to use any data mining, robots, or similar data gathering methods.
The Platform integrates with certain third-party services to provide its functionality, including but not limited to Uploadcare for file uploads and storage, and third-party payment processors for subscription and listing fee payments. Your use of these third-party services is subject to their respective terms of service and privacy policies, which we encourage you to review. The Company is not responsible for the data practices, security, or conduct of any third-party service provider.
The Platform uses browser local storage, a technology built into modern web browsers, to store certain session data on your device. Local storage is used to maintain your authenticated session (if you are an approved talent with an access code), to remember whether you have submitted an application (which affects the display of the Apply Now navigation element), and for other functional purposes. Local storage data is stored locally on your device and is not transmitted to the Company's servers. You may clear this data at any time through your browser's settings. Clearing local storage will not affect your account standing but may require you to re-enter your access code on your next visit.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Company does not warrant that: (a) the Platform will be uninterrupted, error-free, or secure; (b) any defects or errors in the Platform will be corrected; (c) the Platform or the servers that make it available are free of viruses or other harmful components; or (d) any particular results or outcomes will be achieved by using the Platform, including bookings, representation, or professional opportunities.
The Company makes no representations regarding the suitability, reliability, availability, timeliness, or accuracy of the Platform or any content thereon for any purpose. Any reliance you place on the Platform or its content is strictly at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ITS CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so the above limitations may not apply to you in their entirety. In such jurisdictions, the Company's liability will be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform in violation of these Terms; (b) any Submitted Materials you provide; (c) any misrepresentation you make in connection with the Platform; (d) your violation of any third party's rights, including intellectual property rights, privacy rights, or rights of publicity; or (e) your violation of any applicable law or regulation.
The Company reserves the right to suspend or permanently terminate your access to the Platform, with or without notice, at its sole discretion, including but not limited to circumstances where: (a) you have violated any provision of these Terms; (b) you have provided false or misleading information; (c) your conduct is deemed harmful to the Company, its users, or its reputation; (d) required by applicable law; or (e) your account has been inactive for an extended period.
You may request deletion of your account and associated data at any time by contacting support@breakoutcasting.com. Account deletion requests will be processed within a reasonable time and are subject to the Company's data retention obligations and applicable law. Upon account deletion, your access code will be deactivated and your profile will be removed from the Platform.
Termination of your account does not relieve you of any obligations that accrued prior to termination. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 10, 12, 13, 14, and 16.
Governing Law. These Terms and any dispute arising out of or related to your use of the Platform shall be governed by and construed in accordance with the laws of the United States and the state in which the Company is domiciled, without regard to its conflict of law provisions.
Informal Resolution. Before initiating any formal legal proceeding, you agree to contact the Company at support@breakoutcasting.com and attempt to resolve any dispute informally for a period of not less than thirty (30) days. The Company will make reasonable efforts to resolve disputes informally.
Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by a recognized arbitration body in accordance with its consumer arbitration rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as part of any class, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.
Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
The Company reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide notice through the Platform or by email to the address associated with your account. Your continued use of the Platform following the effective date of any modification constitutes your acceptance of the modified Terms.
We encourage you to review these Terms periodically. If you disagree with any modification, your sole remedy is to discontinue use of the Platform and, if applicable, cancel any active subscription.
If you have questions about these Terms, wish to report a violation, or need to contact us for any purpose related to these Terms, please reach out through the following channels:
We will respond to all written inquiries within a reasonable time, generally within five (5) business days.