Terms of Service

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and BACKPACK TALENT, L.L.C., a company located at 1403 E Lantern Ln, Draper - 84020-5610, United States (US). By visiting this website, sending a brief, requesting a shortlist or engaging the office to book talent, you agree to these terms. If you do not agree, please do not use the website or the services.

These terms describe how the booking desk operates, what a client may expect, what a performer may expect, and how the office handles fees, cancellations, usage rights and disputes. They are written to be readable because a booking is a relationship built on clear expectations rather than hidden clauses.

Where a separate signed agreement, deal memo or statement of work exists between you and the office, the signed document controls for that specific booking and these terms apply to everything the signed document does not address. Nothing in these terms takes away a right that applicable law does not allow to be waived.

2. Definitions

In these terms, the following words carry the meanings below.

• The Company means BACKPACK TALENT, L.L.C.
• The Website means the site served at backpacktalent.surf and its pages.
• Client means a brand, producer, venue or other party that engages the Company to book talent.
• Talent means an athlete, creator, performer, host or other individual offered for a booking.
• Booking means a confirmed engagement of talent described in a written confirmation.
• Brief means the description of a campaign, shoot, event or media day supplied by a client.
• Shortlist means a selection of talent presented by the Company for consideration.
• Deal Memo means a signed summary of terms for a specific booking.
• Usage means the right to reproduce, publish or display a performance or likeness.
• Rider means a documented requirement attached to a booking by talent or a client.

3. Services Provided

The Company operates a talent booking office. Its services include athlete and creator booking, brand campaign castings, event and festival talent, location scouting support, contract and rider management, and media day coordination. A detailed description of each service appears on the services page of this website.

The Company acts as a booking intermediary. It introduces clients to talent, helps agree terms, prepares documentation and coordinates logistics. Unless a signed agreement states otherwise, the Company is not the employer of talent and is not the producer of a campaign. The client remains responsible for the production, and the talent remains responsible for the performance that was booked.

The Company may decline a brief for any lawful reason, including a mismatch between the brief and the available roster, a schedule that cannot be met, or a request that falls outside the services described above. A shortlist is an invitation to negotiate and is not a guarantee that talent is available or willing until a booking is confirmed in writing.

4. Eligibility and Accounts

The website is intended for professional use by adults. By using it you confirm that you are at least eighteen years old and that you have the authority to act for any business you represent. Where a booking involves a minor, all dealings must run through a parent, a guardian or a court appointed representative.

The Company does not currently require visitors to create an account to read the website. Where a client or talent is given access to a booking file, that access is personal and must not be shared with anyone who is not part of the engagement. You are responsible for keeping any credentials confidential and for reporting a suspected compromise to the desk without delay.

The Company may refuse, suspend or withdraw access where it reasonably believes that information supplied is false, that access is being misused, or that the law requires a restriction.

5. Quotes and Shortlists

A quote describes an estimated cost for a described scope. It is based on the brief as written and on availability known at the time it is issued. A quote is valid for the period stated in it, and if no period is stated it remains open for a short, reasonable window while both sides continue the conversation.

A shortlist identifies talent the Company believes fits the brief. It is prepared in confidence for the named client and may include contact details only where the talent has agreed that they may be shared. A client may not approach shortlisted talent to negotiate a booking outside the Company during the period of the engagement, and may not forward a shortlist to a competitor or to another agency.

Headshots, reels and portfolio material supplied with a shortlist are provided for evaluation of the specific brief. They must not be republished, used in a finished production, or stored for a different purpose without a separate written agreement.

6. Bookings and Confirmations

A booking exists only when the Company has issued a written confirmation and the client has accepted it in writing. An email note, a text message, a verbal agreement or a calendar hold is not a booking on its own. The confirmation records the talent, the dates, the location, the fee, the usage and any rider that applies.

Once a booking is confirmed, both the client and the talent are expected to honor the schedule. The Company coordinates call times, travel and access, and remains the single point of contact for changes. If a material detail in the brief changes after confirmation, the client must notify the desk promptly so that the effect on the fee, the schedule and the usage terms can be assessed.

The Company may substitute talent where a performer becomes unavailable through illness, injury or another serious cause, provided that the substitute is of comparable standing and the client is notified before the call. If a suitable substitute cannot be found, the parties will discuss a reschedule or a cancellation under the rules in this agreement.

7. Fees, Deposits and Payment

Fees for a booking are set out in the written confirmation. Unless the confirmation states otherwise, a deposit is due at the point of confirmation and the balance is due after the booking concludes and the invoice is issued. The Company may require a deposit before it releases talent or travel arrangements.

• Invoices are payable within the period stated on the invoice.
• Late payment may attract interest or a late fee where the law permits and the confirmation provides for it.
• Bank charges, currency conversion costs and payment processing fees are the responsibility of the client where they apply.
• Deposits may be non refundable where the confirmation says so, because talent often declines other work once a date is held.
• The Company may withhold a deliverable where an undisputed invoice remains unpaid.

All amounts are stated in the currency named in the confirmation. Where a booking is priced in one currency and settled in another, the client bears the exchange cost. The Company issues a receipt for each payment and keeps accounting records for the period required by law.

8. Cancellation and Rescheduling

A cancellation or a reschedule must be sent to the desk in writing and takes effect when the office acknowledges it. The fee consequences depend on how close the change falls to the booking date and on the costs already committed by the Company or by talent.

Cancellation by the client

• A cancellation well before the date may release the deposit minus costs already incurred.
• A cancellation close to the date may require the full fee, because talent has reserved the period and turned down other work.
• A cancellation after travel has been booked may also require reimbursement of non refundable travel and accommodation costs.

Cancellation by talent

Where talent cancels through no fault of the client, the Company will try to substitute comparable talent or to reschedule. If neither is possible, any fee already paid for the cancelled performance is refunded, and the client is not charged for the unperformed portion. The Company is not liable for indirect losses arising from a talent cancellation beyond the fee paid for the booking.

Force majeure

Where a booking cannot proceed because of an event outside reasonable control, such as a natural disaster, a public health order, a strike or a government restriction, the parties will work in good faith to reschedule. If a reschedule is not possible, each side bears its own committed costs unless the written confirmation says otherwise.

9. Talent Obligations

Talent engaged through the office agrees to appear at the agreed time and place, prepared for the booking, in the condition and with the equipment described in the confirmation. Talent agrees to follow lawful and reasonable direction from the production while on set, and to treat crew, clients and other performers with professional respect.

Talent agrees to give prompt notice of any change that could affect a booking, including an injury, a conflicting commitment or a change in public profile that could embarrass the client. Talent confirms that any material supplied for casting is accurate and that the talent has the right to grant the usage described in the confirmation.

Talent must not sign a side agreement with a client that conflicts with the booking confirmed through the office. Where a client wishes to extend a booking or to license additional usage, the request should be routed through the desk so that the fee and the terms are recorded correctly.

10. Client Obligations

A client agrees to supply a clear and accurate brief, to answer reasonable questions from the desk, and to confirm in writing before the office commits talent or travel. A client agrees to provide a safe working environment, to comply with applicable labor and safety rules, and to honor the schedule and usage terms recorded in the confirmation.

A client must not ask talent to perform a task that falls outside the booking, must not require talent to waive a legal right as a condition of work, and must not use a performance or likeness beyond the usage granted. Where a client wishes to reuse material in a new campaign, a new location or a new medium, the client must obtain a fresh usage grant through the office.

A client is responsible for its own production decisions, including creative direction, editing, distribution and compliance with advertising rules. The Company does not approve, and is not responsible for, the final content a client publishes.

11. Usage and Intellectual Property

Usage rights for a performance or likeness are limited to what the written confirmation grants. Those rights describe the media, the territory, the term and any restriction on paid amplification. Anything not expressly granted is reserved by the talent and by the Company.

The Company owns the design, text, layout and code of this website, together with its name and branding. A visitor may read and share a link to the site, but may not copy the website content for a commercial purpose, republish it as original work, or present it in a way that suggests a false affiliation with the Company.

Talent portfolio material remains the property of the talent or the talent representative. A client receives only an evaluation license as described in these terms and may not transfer that license to a third party. When the evaluation period ends, the client should delete the material or hold it only as required for its own records.

12. Travel, Riders and Expenses

Travel, accommodation and per diem are arranged according to the confirmation. Where the Company books travel on behalf of a client, the client is responsible for the cost, and where the client books travel directly, the client is responsible for the accuracy of the arrangements.

A rider records a specific requirement such as equipment, a dietary need, a preparation space or an access need. Talent should submit a rider early so that the Company and the client can confirm it before the booking locks. A client may decline a rider item that is unreasonable or impracticable, in which case the parties will discuss an alternative before the booking proceeds.

Expenses that are authorized in advance are reimbursed at cost on presentation of a receipt. Unauthorized expenses may be declined. The Company keeps a record of approved expenses with the booking file so that the final invoice reflects what was agreed.

13. Acceptable Use of the Website

The website may be used to learn about the office, to review services and to contact the booking desk. The following conduct is not permitted.

• Attempting to gain unauthorized access to the website or to any booking file.
• Scraping, harvesting or bulk collecting content or contact details.
• Uploading malicious code or interfering with the operation of the site.
• Submitting false, misleading or infringing material through any form.
• Impersonating the Company, its staff, a client or a performer.
• Using the website for unlawful purposes or to harass another person.

The Company may investigate a suspected breach, may restrict access, and may report a serious matter to the appropriate authority. A person who causes harm to the website or to the office through a prohibited act may be responsible for the resulting loss.

14. Third Party Services and Links

The website and the booking process may rely on third party services such as email platforms, hosting providers, payment processors and video conferencing tools. The Company selects those providers with care but does not control their independent practices.

Links to external sites are offered for convenience. The Company does not endorse the content of an external site and is not responsible for its availability, accuracy or privacy practices. If a third party service fails, the Company will make a reasonable effort to continue the booking by another route, but it is not liable for an interruption caused by a provider outside its control.

15. Disclaimers

The website and its content are provided on an as available basis. While the Company works to keep information accurate and current, it does not promise that every page is free of error or that the site will always be reachable. Availability, fees and roster details can change, and only a written confirmation is binding.

Nothing on this website is legal, financial or professional advice. A client should obtain independent advice before signing a contract that commits significant resources, and talent should obtain independent advice before agreeing to a long term or exclusive arrangement.

To the fullest extent allowed by law, the Company disclaims implied warranties of merchantability, fitness for a particular purpose and non infringement in relation to the website.

16. Limitation of Liability

To the fullest extent allowed by law, BACKPACK TALENT, L.L.C. is not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost bookings or lost goodwill, arising from the website or from a booking, even if the office was advised that such loss was possible.

Where liability cannot be excluded, the total liability of the Company for a booking is limited to the fee actually paid to the Company for that booking. This limit applies to all claims connected with the engagement, whether framed as contract, tort or otherwise.

Nothing in these terms limits liability that the law does not permit to be limited, including liability for fraud or for a matter that cannot lawfully be excluded. Some jurisdictions do not allow certain exclusions, so part of this section may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless BACKPACK TALENT, L.L.C., its members, employees and contractors from a claim, loss or expense that arises from your breach of these terms, your misuse of the website, or your infringement of the rights of another person.

A client agrees to indemnify the Company against a claim that arises from the client content, the client production, or a use of a performance that exceeds the usage granted in the confirmation. Talent agrees to indemnify the Company against a claim that arises from material the talent supplied that the talent did not have the right to provide.

The Company will give prompt notice of a claim that it believes falls within this section and will cooperate reasonably in the defense, provided that the Company may choose its own counsel where its interests differ from yours.

18. Termination

The Company may suspend or end access to the website or to a booking relationship where these terms are breached, where a payment is not made, or where continuing the relationship would expose the office or talent to legal or safety risk.

Termination does not cancel an obligation that has already arisen. Fees due for work already performed remain payable, usage already granted remains governed by the confirmation, and clauses that by their nature should survive termination, such as those on liability, indemnity and governing law, continue to apply.

A party who wishes to end a booking relationship for convenience may do so by written notice, subject to the cancellation rules in this agreement and to any minimum term recorded in a signed confirmation.

19. Governing Law and Disputes

These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles, and by applicable federal law of the United States. The office is located in Draper, Utah, and that location is the place of performance for the booking services described here.

Before starting formal proceedings, the parties agree to try to resolve a dispute through good faith discussion. A written notice of a dispute should be sent to the booking desk, and the office will respond within a reasonable period. If discussion does not resolve the matter, the parties may pursue the remedies available in the courts of the State of Utah or in another forum that the law permits.

Nothing in this section prevents a party from seeking urgent relief to protect a legal right or to prevent harm while a dispute is being worked out.

20. Changes to These Terms

The Company may update these Terms of Service to reflect a change in the law, in the services or in the way the office works. An updated version will carry a new effective date at the top of the page, and where a change is material the office may also give notice by email or on the website.

Continuing to use the website or to engage the office after an update means that you accept the revised terms. A booking that was confirmed before an update remains governed by the version that was in force when it was confirmed, unless both sides agree otherwise in writing.

A copy of a previous version can be requested from the booking desk for reference.

21. Contact Information

Questions about these Terms of Service, requests for clarification, and formal notices are all welcome at the booking desk.

The office aims to answer a question about these terms within a few business days. If a concern cannot be settled directly, a party may pursue the remedies described in the governing law section above.