Terms of Service

These Terms of Service ("Terms") form a binding contract between you ("User", "you") and Talent Digital LLC ("NeedaCrew", "we", "us"), and govern your access to and use of the NeedaCrew website, mobile application, and related services (collectively, the "Platform").

PLEASE READ CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

By creating an account, clicking "I agree," or otherwise accessing the Platform, you accept these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Platform.

1. What NeedaCrew Is — and Is Not

NeedaCrew is a neutral online venue that connects independent film, video, and creative professionals ("Crew"), production companies, agencies, and studios ("Hirers"), and equipment owners ("Owners") with one another. NeedaCrew:

• Does not employ Crew, broker contracts, perform creative services, inspect or insure equipment, or guarantee any user's identity, qualifications, conduct, or work product.
• Does not act as a party to any transaction between Users. All contracts, bookings, rentals, and engagements are formed directly between the Users involved.
• Acts only as the agent of the payee for the limited purpose of facilitating payments through our third-party payment processor.

You acknowledge that NeedaCrew is not a talent agency, employment agency, employer, joint employer, escrow agent, money transmitter, insurance broker, or fiduciary.

2. Eligibility

You must be at least 18 years old, legally able to form a binding contract, and not barred from receiving services under the laws of the United States or any other applicable jurisdiction. By using the Platform, you represent that you meet these requirements.

3. Accounts

You must provide accurate information, keep your credentials secure, and are responsible for all activity under your account. We may suspend or terminate any account at our discretion, including for violation of these Terms or the AUP.

4. User Content

You retain ownership of content you upload (profiles, reels, photos, project posts, messages, reviews — "User Content"). You grant NeedaCrew a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display your User Content in connection with operating, promoting, and improving the Platform.

You represent that you own or have all necessary rights to your User Content, that it does not infringe any third party's rights, and that it complies with the AUP. You are solely responsible for your User Content.

5. Marketplace Transactions

When you book Crew, hire a Hirer, rent Equipment, or otherwise transact through the Platform, you are entering a contract directly with the other User, not with NeedaCrew. NeedaCrew is not responsible for the performance, quality, safety, legality, or outcome of any transaction.

For any engagement of Crew with a value of $800 or more, the parties shall execute a written engagement contract (which the Platform may auto-generate). Hirers shall pay Crew within 30 days of completion unless the parties agree otherwise in writing. (See NY Freelance Isn't Free Act and similar state laws.)

6. Payments and Fees

Payments are processed by our third-party payment processor (currently Stripe, Inc.). By using paid features, you also agree to Stripe's Connected Account Agreement. NeedaCrew acts as the limited agent of the payee solely to receive funds on behalf of the Crew, Owner, or Hirer entitled to them.

NeedaCrew charges service fees as disclosed at the point of transaction (currently 7% production, 10% agency, 7% equipment, 5% verified students, 0% crew, plus a 10% Trust & Support Fee where applicable). All fees are non-refundable except as required by law or stated in our Refund Policy.

You authorize NeedaCrew and Stripe to hold, release, refund, reverse, and disburse funds in accordance with these Terms and the transaction the parties agreed to.

6.1 Industry Pro Launch Member Pricing Guarantee

The first 500 verified Industry Pro members ("Launch Members") who subscribe to NeedaCrew Industry Pro pay $5.00 per month, billed monthly via Stripe. NeedaCrew permanently guarantees this rate for all Launch Members:

• The $5/month price will never increase for Launch Members for as long as they maintain their subscription without interruption.
• The Launch Member rate is locked at the Stripe subscription level at the time of signup. NeedaCrew will not modify, migrate, or upgrade the Launch Member's price under any circumstances.
• If a Launch Member cancels their subscription, the $5/month rate is forfeited and they would re-subscribe at the then-current standard rate.
• After the first 500 Launch Members are filled, new Industry Pro signups will be billed at the standard rate (currently $10/month), which itself may change for new signups but never for existing Launch Members.
• Launch Member status is recorded in the user's account record (`is_launch_pro`) and visible in their billing portal.

This guarantee is binding on NeedaCrew and survives any subsequent change to NeedaCrew Industry Pro pricing for new signups.

7. Equipment Rentals

Peer-to-peer equipment rentals are governed by the separate Equipment Rental Agreement, which you accept at the time of each rental. NeedaCrew does not own, inspect, certify, or insure listed equipment. Use of equipment is at your own risk.

8. Independent Contractor Status

Crew members are independent contractors of the Hirer, not employees of NeedaCrew or, except as expressly agreed in writing, of any Hirer. See the Independent Contractor Acknowledgment. NeedaCrew does not control the means, methods, hours, or location of any Crew member's work.

9. Reviews and Reports

Reviews must reflect your first-hand experience, must be factually accurate, and may not contain unlawful content. You may not post reviews in exchange for compensation unless disclosed. NeedaCrew may, but is not obligated to, remove reviews that violate these Terms. Reports of misconduct are reviewed internally; NeedaCrew does not publicly accuse Users.

10. Prohibited Conduct

You agree not to: (a) violate any law; (b) infringe any intellectual property or privacy right; (c) harass, threaten, or discriminate; (d) circumvent the Platform's payment system; (e) misrepresent yourself; (f) upload malware; (g) scrape or reverse-engineer; (h) use the Platform for unauthorized commercial messages; or (i) violate the AUP.

11. Intellectual Property

NeedaCrew, the NeedaCrew logo, and all Platform software, design, and content (excluding User Content) are owned by NeedaCrew and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose.

12. DMCA

NeedaCrew complies with the Digital Millennium Copyright Act. To submit a copyright notice, contact our designated agent at [DMCA AGENT EMAIL]. We will respond in accordance with 17 U.S.C. § 512.

13. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NEEDACREW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. NEEDACREW DOES NOT WARRANT THE CONDUCT, QUALIFICATIONS, IDENTITY, OR PERFORMANCE OF ANY USER, OR THE SAFETY OR CONDITION OF ANY EQUIPMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEEDACREW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM. NEEDACREW'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO NEEDACREW IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow these limitations; in such jurisdictions, our liability is limited to the smallest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless NeedaCrew, its affiliates, officers, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your transactions with other Users; (d) your violation of these Terms or any law; or (e) your violation of any third-party right.

16. Binding Arbitration and Class Action Waiver

PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS.

You and NeedaCrew agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Georgia. The arbitrator's decision shall be final and binding. You waive any right to participate in a class action, class arbitration, or representative action. This Section does not prevent either party from seeking injunctive relief in court for intellectual property infringement or to enforce this arbitration agreement.

You may opt out of this Section by emailing legal@needacrew.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your full name and account email.

This Section does not apply to Users in jurisdictions where pre-dispute arbitration agreements are unenforceable.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-laws principles. Subject to Section 16, the exclusive venue for any judicial action shall be the state and federal courts located in Georgia.

18. International Users

If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local law. NeedaCrew makes no representation that the Platform is appropriate or available in any particular jurisdiction. Users in the European Economic Area, United Kingdom, or Switzerland are also subject to the disclosures in our Privacy Policy.

19. Termination

We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Sections 4, 11–17, and any provision that by its nature should survive, shall survive termination.

19a. Casting Module (added 2026-04-08)

The Casting Studio enables hirers (studios, agencies, brands, content creators, production companies, and casting directors) to post casting roles and to receive submissions from talent (actors, content creators, and other performers). The following terms apply specifically to use of the Casting Module:

(a) Hirer Responsibility — Signatory Status. When you create a casting project marked "SAG-AFTRA" or "SAG-AFTRA eligible," you affirmatively attest that the production is a SAG-AFTRA signatory or qualifies for one of the SAG-AFTRA agreements (Basic, Low Budget, Ultra Low Budget, Student, New Media, or another applicable agreement). You acknowledge that NeedaCrew is a facilitator only and bears no responsibility for verifying signatory status. Misrepresentation may result in account termination and may expose you to enforcement action by SAG-AFTRA. You agree to defend and indemnify NeedaCrew against any claims arising from your misrepresentation of signatory status.

(b) Hirer Responsibility — Casting Decisions. All casting decisions (who to interview, callback, offer, book, or pass on) are made solely by you, the hirer. NeedaCrew does not score, rank, or recommend talent. NeedaCrew does not act as your agent, casting director, or employer of record. You are responsible for compliance with all applicable employment, anti-discrimination, child labor, immigration, and tax laws.

(c) Hirer Responsibility — Minors. The Platform is restricted to users 18 and over. Minors are not permitted on the Platform. If you intend to cast minors in your production, you must do so outside the Platform. Attempting to sign up, list, submit, solicit, or hire minors through the Platform is a material breach of these Terms and grounds for immediate termination.

(d) Talent Representation. Talent users represent that all materials submitted (self-tapes, headshots, resumes, etc.) are owned by the talent or licensed for use, and that submission grants the casting team a limited license to view, share via Presentation Links, and retain for compliance purposes. Talent grants no transfer of ownership.

(e) Presentation Links. When casting shares a Presentation Link with a director, producer, or other reviewer, that reviewer is granted a limited, watermarked, revocable view of selected submissions for the purpose of casting feedback. Reviewers agree not to redistribute, screen-record, or repurpose the materials beyond the casting decision.

(f) Payments. When a talent is booked through the Platform, payment is processed via Stripe Connect from the hirer directly to the talent's Stripe Connect account. NeedaCrew is not the employer of record, does not hold talent funds, and is not a party to the underlying employment or independent contractor relationship between hirer and talent. NeedaCrew collects a platform fee as an application fee on the Stripe transfer.

(g) Booking Records / Legal Hold. If a submission progresses to "Booked" status, NeedaCrew will retain that submission record (including a contact-information snapshot) for the period required by applicable tax, payroll, and union recordkeeping rules (typically 7 years), even if the talent later deletes their account. This is a condition of using the booking flow.

(h) No Endorsement. A casting project being available on the Platform is not an endorsement by NeedaCrew of the project, its budget, its likelihood of completion, its compensation terms, or the conduct of the people involved.

20. Changes

We may update these Terms at any time. Material changes will be notified via the Platform or email. Continued use after changes constitutes acceptance.

21. Miscellaneous

These Terms (with the documents referenced) are the entire agreement between you and NeedaCrew. If any provision is held unenforceable, the remainder shall remain in effect. No waiver is effective unless in writing. You may not assign these Terms; we may.

22. Contact

Talent Digital LLC

[TALENT DIGITAL LLC MAILING ADDRESS — fill in]

legal@needacrew.com