PERFORMER TERMS
& CONDITIONS

Performer

July Janssen, acting as performing artist, actor or performer.

Engaging Party

Any natural or legal person engaging the Performer, including but not limited to producers, production companies, casting agencies, brands, advertising agencies, platforms or other commissioning entities.

Use

Any form of exploitation, publication, broadcast, screening, online placement, distribution, editing, reuse or derivative application of image, voice or performance.

Scope of the Engagement

The agreement exclusively concerns the explicitly agreed acting performance(s), including agreed shooting days, rehearsals and documented activities.

Activities such as, but not limited to:

•  PR appearances
• ADR
• voice-over work
• photoshoots
• tests
• reshoots

are not included in the agreement unless expressly agreed in writing.

Image Rights and Personality Rights

The image rights, voice, name, likeness, facial expressions, body language and performance of the Performer are protected under Dutch law and shall at all times remain vested in the Performer, to the extent permitted by law and subject to any explicitly granted written licences.

The use of image or audio material in which the Performer is recognisable is strictly limited to:

• the purpose and context agreed in writing
• the agreed media
• the agreed duration
• the agreed territory

Any use outside these parameters constitutes unauthorised reuse.

In addition, any use that results in:

• misrepresentation of the Performer
• damage to reputation or professional integrity
• alteration of identity or recognisability
• confusion among the public
• harm to career or professional positioning

is not permitted without the prior written consent of the Performer.

This protection explicitly applies to promotional and publicity materials, including but not limited to posters, key visuals, stills, artwork, marketing materials, press materials and digital publications.

4.1 Use of AI and Digital Technology

The use of the Performer’s image, voice or likeness for digital or AI-generated applications, including but not limited to:

• system training
• synthetic reproduction
• voice cloning
• deepfakes
• avatars
• digital dubbing
• replacement or reconstruction of performance

is permitted only following the Performer’s prior written consent and against a separately agreed remuneration.

In the absence of such consent, any such use is expressly prohibited.

4.2 AI-Generated Representations and Marketing Materials

The Performer is not permitted to create, alter or replace a representation of the Performer through AI or other digital techniques in a manner that does not correspond to the recognisable physical characteristics and character of the Performer as established in the actual performance.

This explicitly applies to, but is not limited to:

• posters
• key visuals
• stills
• promotional visual material
• artwork
• thumbnails
• marketing and press materials

Where an AI-generated or digitally altered image is used to represent a character portrayed by the Performer, such representation must demonstrably correspond to the Performer’s recognisable likeness.

The use of a substitute, fictionalised or non-recognisable digital representation without the Performer’s prior written consent is expressly prohibited.

The Client shall not replace, modify, simulate or reconstruct the Performer’s voice, likeness or performance without the Performer’s prior written consent.

This includes, but is not limited to:

• replacement of the Performer’s voice by another performer or synthetic voice
• digital alteration of performance affecting recognisability or artistic integrity
• reconstruction or simulation of performance not actually delivered

No modification shall distort the artistic integrity of the original performance as delivered.

6.1 Separate agreement for usage rights

Any buy-out, licence or transfer of exploitation rights relating to the Performer’s image, voice or performance shall be agreed separately and explicitly in writing.

Unless otherwise agreed in writing:

• a buy-out is limited in duration, territory and media as specified in the agreement
• usage beyond the agreed scope constitutes additional exploitation
• additional compensation shall be payable for extended or renewed use

6.2 Commercial exploitation

In the case of commercials, advertising campaigns, branded content or other promotional productions:

• the performance fee and the buy-out fee are considered separate components
• buy-outs shall be agreed based on duration, territory and media
• renewal or repeat usage shall be subject to additional compensation

Unless expressly agreed otherwise in writing, buy-outs are deemed to apply for a limited term and specific territory only.

6.3 Additional usage categories

The following forms of use require separate written agreement and may involve additional compensation:

• still photography
• print media
• outdoor and billboard campaigns
• cinema exhibition
• international distribution
• extended digital exploitation

Where applicable, repeat fees or renewal fees shall apply in accordance with prevailing professional guidelines.

Intimacy and Physical Integrity

Nudity, sexually suggestive scenes or other intimate actions shall only be performed following explicit prior written agreement, clearly specifying at minimum:

• the context of the scene;
• the nature and degree of nudity or intimacy;
• the manner of execution;
• the intended use of the material.

Improvisation, expansion or modification of intimate actions on set is not permitted without the prior consent of the Performer.

Intimacy coordination shall be required where the nature or content of the scene reasonably warrants it, unless all directly involved parties expressly agree in writing that such coordination is not necessary.

In scenes involving nudity or intimate acts, the Performer retains the right to review the final use of such material prior to publication.

This right may only be limited insofar as compelling artistic or editorial interests of the production make such limitation objectively necessary, while the personal integrity, reputation and professional position of the Performer shall remain paramount at all times.

This is without prejudice to the Performer’s right to seek injunctive relief, prohibition of further use and/or rectification.

The use of outtakes, alternative takes or unused footage involving nudity or intimacy is strictly prohibited, unless separately authorised in writing.

The Engaging Party shall ensure careful, secure and restricted storage of such material. Raw footage and unused recordings may not be shared, reused or exploited beyond the agreed purpose.

No Implied Exclusivity

Exclusivity shall apply only where expressly agreed upon in writing, clearly specifying:

• the duration of the exclusivity;
• the nature and scope of the restriction;
• the applicable territory;
• the media and/or genre concerned;
• a separate and corresponding fee.

In the absence of such written agreement, the Performer shall at all times retain the unrestricted right to accept other engagements, assignments or collaborations, regardless of medium, platform or commissioning party.

Any claim of conflicting interests shall be valid only where such conflicts have been explicitly defined in advance, agreed upon in writing and accepted by the Performer.

Implied exclusivity, industry-wide restrictions or assumed non-compete obligations are expressly excluded.

9.1 General Principle

In the event of cancellation or postponement of agreed services, the Performer shall be entitled to reasonable compensation, taking into account the reserved period, preparation time and loss of alternative work opportunities.

Unless otherwise agreed in writing, the following cancellation terms apply as professional reference standards within the Dutch audiovisual sector, including current ACT / NAA guidelines.

9.2 Commercial Productions (Dutch productions or productions filmed in the Netherlands)

In the event of cancellation of a scheduled shoot day, the following compensation structure shall apply:

100% of the agreed daily fee if cancelled within 24 hours prior to the shoot

50% if cancelled within 48 hours

25% if cancelled within 72 hours

These percentages reflect prevailing professional standards within the Dutch commercial production sector, including ACT / NAA reference guidelines.

9.3 Feature Film and Television Productions

In the event of cancellation of a scheduled shoot day, the following compensation structure shall apply:

• 100% if cancelled within 1 week prior to the shoot
• 75% between 8 days and 2 weeks
• 50% between 15 days and 1 month
• 25% if cancelled more than 1 month prior to the first shoot day

These terms reflect the longer reservation periods typically required for larger productions.

9.4 International Productions

For international assignments or productions involving foreign producers, alternative cancellation periods may apply, particularly where:

• international travel or accommodation has been reserved
• exclusivity has been agreed
• visa or administrative preparation has taken place

In such cases, an appropriate and proportionate cancellation arrangement shall be agreed in advance, taking into account professional standards applicable to the specific production context.

10.1  General principle

The Performer’s fee shall be agreed in writing prior to the commencement of the engagement.

Fees are determined based on:

• the nature and scope of the services
• the duration and intensity of the engagement
• the type of production
• the intended use and exploitation
• the Performer’s experience, market position and professional standing

10.2 Professional Standards

Fees shall reflect fair pay principles and prevailing professional standards applicable to actors within the Dutch audiovisual sector.

In determining appropriate remuneration, reference may be made to:

• ACT / Kunstenbond professional guidelines
• NAA frameworks
• Platform ACCT tools
• Fair Practice Code
• relevant collective agreements

These standards inform fair compensation for:

• shooting days
• rehearsals and preparation
• buy-outs and renewals
• cancellation compensation
• additional services

Further details regarding buy-outs and cancellation are governed by Sections 6 and 9 of these Terms.

10.3 International engagements

For international productions or foreign Clients, applicable industry standards in the relevant jurisdiction may apply, subject to written agreement.

Where exploitation extends beyond the Netherlands, remuneration shall reflect the broader territorial scope.

No transfer of rights

Participation in a production does not constitute a transfer of intellectual property or neighbouring rights, unless explicitly agreed in writing.

All rights not expressly granted remain vested in the Performer.

If the Client acts in breach of these terms or outside the scope of the written agreement, the Client shall immediately cease the relevant use.

The Performer reserves the right, without prejudice to any other remedies available under applicable law, to:

• demand compliance
• claim damages
• take further legal action

This includes, but is not limited to, compensation for direct damages, loss of income and reputational harm.

This clause does not prejudice any other statutory rights.

These terms and any agreements arising from them shall be governed by Dutch law, unless otherwise agreed in writing.

Any disputes shall first be resolved amicably between the parties. If no resolution is reached, disputes shall be submitted to the competent court in the Netherlands, unless otherwise agreed in writing.

These terms have been drafted in alignment with current guidelines, model agreements and professional standards within the Dutch audiovisual and cultural sector, including but not limited to:

• ACT – Actors’ Interests (incl. Rates & “Spiekbrief” Guidelines): Professional association representing actors in the Netherlands. Publishes guidelines on minimum fees, buy-outs, repeat fees, cancellation terms, model agreements and professional rights within commercials, film, television, training performance and voice-over work. 

• Kunstenbond: Trade union for professionals in the cultural and creative sector. Publishes guidelines on fair remuneration, working conditions and sector agreements.

• NAA – Dutch Audiovisual Alliance: Develops model agreements and sector arrangements within the audiovisual industry, including agreements regarding exploitation rights, remuneration and professional standards.

• VEA / Green Appendix (Groene Bijlage): Industry agreements applicable to commercial productions concerning exploitation, extensions and reuse.

• Platform ACCT – Labour Market Cultural and Creative Future: Platform aimed at strengthening working conditions and sustainable professional practice within the cultural and creative sector.

• Fair Practice Code: Code of conduct promoting fair, transparent and sustainable collaboration within the cultural and creative sector, based on the principles of fair pay, fair share and fair chain.

In addition, these terms are based on the applicable Dutch legal framework, including:

• the Dutch Copyright Act (Auteurswet) – Articl 19, Articl 20 and Articl 21 (Portrait Rights)

• the Dutch Civil Code (Burgerlijk Wetboek) – Book 1 (Personality Rights), Book 3 (Property Law – General Provisions) and Book 6 (Law of Obligations)

•  the General Data Protection Regulation (GDPR / AVG)

Current versions of the above-mentioned guidelines and regulations can be consulted via the official websites of the respective organisations.