Terms of Service

Last Updated: November 8, 2026

Welcome to Distinkt.com. These Terms of Service ("Terms") govern your access to and use of Distinkt.com, the Distinkt platform, and related services provided by Distinkt Talent Agency LLC ("Distinkt," "we," "us," or "our").

Distinkt operates as both a licensed talent agency in California and a digital platform that facilitates interactions between approved talent, hiring partners, and industry professionals. "Hiring Partners" are the brands, advertising agencies, production companies, casting professionals, and other buyers of creative services that seek to engage talent through Distinkt. These Terms govern use of the platform. Separate agreements, including the Distinkt Talent Agency Agreement and the Distinkt Hiring Partner Terms, may apply to specific representation, procurement, commission, hiring partner, or engagement matters.

Important: These are platform Terms, not a representation agreement.

These Terms govern use of the Distinkt website and platform. They do not appoint Distinkt as your talent agent, create exclusive representation, transfer ownership of your work, or independently require you to pay Distinkt a commission.

If you choose to be represented by Distinkt, that relationship is governed by a separate two-page, non-exclusive Talent Agency Agreement based on the California Labor Commissioner form. Under Distinkt's standard non-exclusive representation:

• You may continue finding and accepting work independently.
• You may maintain other representation relationships where permitted.
• Distinkt does not own your name, brand, content, intellectual property, social accounts, masters, publishing rights, or other businesses.
• These Terms do not give Distinkt a percentage of work you obtain independently.
• Commission rights arise only under the separate Talent Agency Agreement and applicable engagement documents.

By accessing or using the platform, you agree to these Terms. If you do not agree, do not use the platform.

1. Account Registration and Eligibility

1.1 Account Creation

Certain platform features require an account. You agree to provide accurate, current, and complete information and to keep that information updated.

1.2 Age Requirement

The platform is intended only for users who are at least 18 years old.

Individuals under 18 may not create accounts, submit profiles, upload materials, apply as talent, or use the platform at launch. If we learn that an account or submission belongs to an individual under 18, we may suspend access, delete or restrict the information, and take any steps required by law.

1.3 Eligibility

You must:

• Be at least 18 years old
• Be able to enter into legally binding agreements
• Not be prohibited under applicable law from using the platform
• Provide truthful and accurate account, profile, and verification information

Hiring Partners and other business users must be validly formed entities or authorized representatives of validly formed entities. If you use the platform on behalf of a company, you represent that you have authority to bind that company.

1.4 Account Security

You are responsible for all activity under your account. You must keep your login credentials confidential and notify us promptly of unauthorized access or suspected compromise.

1.5 Authorization Required

Registration alone does not guarantee full platform access. Distinkt may approve, deny, restrict, suspend, or revoke access consistent with business needs, safety, compliance, agency obligations, and platform policies.

1.6 Talent and Hiring Partner Applications

Some features require additional review or verification.

Talent may be required to complete a professional application, portfolio review, identity verification, and any documentation required for agency, platform, payment, or compliance purposes.

Hiring Partners may be required to provide business information, project information, authority to engage talent, payment information, and additional verification.

Approval is at Distinkt's discretion.

2. Platform Services and Agency Role

2.1 Distinkt's Roles

Distinkt serves two related roles:

• A licensed talent agency under applicable California law
• A digital platform that facilitates interactions between approved talent and Hiring Partners

Where these roles overlap, Distinkt will perform legally required functions applicable to licensed talent agencies.

2.2 Services to Talent

Approved talent may be able to:

• Create professional profiles
• Showcase portfolio materials
• Receive or review project opportunities
• Submit materials for consideration
• Communicate with Distinkt and approved Hiring Partners
• Participate in platform-supported matching, casting, negotiation, and engagement workflows

Representation is optional. Talent may create an account and maintain a profile without signing a representation agreement. For talent who have not signed the Talent Agency Agreement, Distinkt provides complimentary discovery services — profile hosting, search and matching visibility, and the ability to be found and contacted by Hiring Partners — at no charge and with no commission obligation. Distinkt does not provide agency services for unsigned talent, including negotiation, engagement documentation, contract administration, payment processing, or dispute support.

Distinkt provides talent agency representation, procurement, and commission-based agency services only to talent who separately sign the two-page, non-exclusive Distinkt Talent Agency Agreement. Creating an account, using the platform, or agreeing to these Terms does not appoint Distinkt as your agent or create a commission obligation. The Talent Agency Agreement governs procurement, commission, statutory rights, and related agency terms.

2.3 Hiring Partner Features

Approved Hiring Partners may be able to:

• Create or submit project briefs / Casting Calls
• Review talent profiles and portfolios
• Communicate with Distinkt and approved talent
• Receive platform-supported recommendations
• Engage talent through Distinkt-supported workflows

Hiring Partners must accept the Distinkt Hiring Partner Terms, which govern how they engage talent through Distinkt.

2.4 Distinkt's Role

Distinkt may:

• Facilitate introductions
• Transmit communications
• Support search, matching, and casting workflows
• Participate in procurement of employment or professional opportunities where permitted by law
• Support negotiation, engagement, payment, and compliance workflows

Distinkt does not employ talent unless a separate written agreement expressly says otherwise. Distinkt does not guarantee the performance, availability, suitability, conduct, or results of any talent, Hiring Partner, production, project, or engagement.

2.5 Conflicts Between Agreements

If these Terms conflict with the Talent Agency Agreement, the Talent Agency Agreement controls for talent agency, procurement, commission, and representation matters.

If these Terms conflict with the Hiring Partner Terms on a Hiring Partner matter, the Hiring Partner Terms control.

If these Terms conflict with an applicable SAG-AFTRA collective bargaining agreement, other guild agreement, union rule, long-form performer contract, pension and health provision, or applicable law, the applicable guild agreement, union rule, contract, or law controls.

3. Acceptable Use Policy

3.1 General Conduct

You agree not to:

• Violate any applicable law, regulation, contract, union rule, guild rule, or platform policy
• Submit false, misleading, fraudulent, or incomplete information
• Misrepresent your identity, qualifications, credits, authority, availability, union status, guild status, rates, or rights
• Impersonate another person, company, representative, Distinkt staff member, or industry professional
• Harass, threaten, abuse, exploit, discriminate against, or intimidate other users

3.2 Platform Integrity

You agree not to:

• Circumvent agreed fees, commissions, payment obligations, or compliance requirements relating to an opportunity introduced, procured, negotiated, or administered by Distinkt, where those obligations are established by a separate written agreement, including the Hiring Partner Terms
• Facilitate off-platform transactions involving a Distinkt-sourced or Distinkt-administered engagement for the purpose of avoiding fees, commissions, documentation, or compliance requirements established by a separate written agreement, including the Hiring Partner Terms
• Use automated systems, bots, scripts, scraping tools, or crawlers without authorization
• Scrape, harvest, copy, or systematically collect platform data
• Interfere with platform security, authentication, availability, or infrastructure
• Create multiple accounts to evade restrictions
• Buy, sell, rent, transfer, or share accounts or credentials
• Reverse engineer, probe, or test the platform except as expressly authorized

3.3 Content Standards

You agree not to upload, post, submit, or transmit content that:

• Infringes intellectual property, privacy, publicity, contract, or other rights
• Is defamatory, fraudulent, misleading, abusive, exploitative, or unlawful
• Contains malware, malicious code, or hidden tracking technologies
• Misrepresents portfolio work, credits, identity, authorization, or ownership
• Discloses private information about another person without authorization
• Violates applicable union, guild, production, confidentiality, or project restrictions

3.4 Financial Misconduct

You agree not to:

• Engage in payment fraud
• Use stolen, unauthorized, or invalid payment methods
• File bad-faith chargebacks or disputes
• Misrepresent project budgets, compensation, scope, or payment authority
• Direct or accept off-platform payment for a Distinkt-sourced or Distinkt-administered engagement for the purpose of avoiding a commission, fee, recordkeeping requirement, or compliance obligation expressly established by a separate written agreement, including the Hiring Partner Terms

3.5 Abuse of Platform Tools

You agree not to:

• File false or bad-faith reports
• Abuse support, reporting, messaging, or dispute processes
• Repost content removed for policy violations
• Spam, flood, or manipulate communications
• Coordinate to manipulate recommendations, rankings, search results, casting decisions, or platform visibility

3.6 Identity Verification

Talent and Hiring Partners may be required to complete identity, business, payment, or professional verification. Providing false verification information is grounds for denial, suspension, termination, and any other remedy available under law or contract.

4. Intellectual Property and Content

4.1 Platform Content

The platform, including its design, software, workflows, interfaces, graphics, databases, features, branding, and related materials, is owned by Distinkt or its licensors and is protected by intellectual property laws.

You may not copy, modify, distribute, sell, reverse engineer, or exploit any part of the platform except as expressly permitted by these Terms or applicable law.

4.2 User Content

You retain ownership of content you submit, upload, or provide, including profile materials, portfolio materials, reels, headshots, resumes, work samples, audition materials, communications, and project materials.

You grant Distinkt, its affiliates, and its successors and permitted assigns a limited, non-exclusive, worldwide, royalty-free license to host, process, display, transmit, and use your content as reasonably necessary to:

• Operate the platform
• Improve and develop the platform and its matching
• Display your profile or portfolio where you choose or authorize
• Facilitate matching, casting, submissions, communications, opportunities, and engagements
• Provide talent agency services and operate Hiring Partner features
• Process payments, records, and compliance workflows
• Enforce agreements and platform policies
• Comply with legal, guild, union, accounting, agency, and security obligations

Distinkt may sublicense these rights to its service providers acting on its behalf, and to Hiring Partners and clients for the purposes listed above.

This license continues after you delete content or close your account to the extent reasonably necessary for records Distinkt is required or permitted to keep, routine backups, enforcement of agreements, and materials already submitted to Hiring Partners or clients.

4.3 Limits on Distinkt's License

Under the license in Section 4.2, Distinkt will not knowingly:

• Sell your creative work to data brokers
• Use your likeness for merchandising or unrelated commercial promotion without separate consent
• Commercially exploit your creative work outside platform, agency, casting, or engagement operations without permission

Limits on AI training, digital replicas, and synthetic media are set out in Sections 5.4 and 5.5.

4.4 Representations

You represent and warrant that:

• You own or have the necessary rights to submit your content
• Your content does not violate the rights of any third party
• Your content does not violate confidentiality, production, union, guild, or contractual obligations
• Your content is accurate and not misleading
• You have authority to grant the license described in these Terms

4.5 Audition and Self-Tape Materials

Audition materials, self-tapes, sides, recorded performances, and casting submissions receive heightened protections.

Unless otherwise required by a specific engagement, applicable law, guild agreement, production requirement, or separate written agreement:

• Audition materials are used only for the casting or opportunity for which they were submitted
• Access is limited to appropriate Distinkt personnel, Hiring Partners, casting decision-makers, and authorized representatives
• Materials are not used for unrelated projects without permission
• The AI and digital replica protections in Sections 5.4 and 5.5 apply
• You may request deletion or restriction of audition materials where legally and operationally permitted

For additional details, see the performer-specific and AI sections of the Privacy Policy.

4.6 Likeness Rights

You retain rights in your name, image, likeness, voice, performance, and identifying characteristics.

The license granted to Distinkt is limited to platform, agency, matching, casting, engagement, and operational purposes. Platform display does not grant commercial advertising, endorsement, promotional, or merchandising rights, which require separate permission unless otherwise permitted by a written agreement or applicable law. AI likeness, digital replica, and synthetic media uses are governed by Sections 5.4 and 5.5.

4.7 Unsolicited Ideas and Feedback

Distinkt does not accept unsolicited ideas, concepts, scripts, business plans, feature proposals, or creative pitches for platform development.

If you submit unsolicited platform ideas or business suggestions despite this policy:

• They are deemed non-confidential and non-proprietary
• Distinkt has no obligation to review, acknowledge, return, or compensate you for them
• Distinkt may independently develop similar ideas without obligation

Feedback about existing platform features may be used by Distinkt without restriction or compensation.

This section does not apply to your professional portfolio, audition materials, creative work samples, or materials submitted for a specific opportunity.

4.8 Copyright and DMCA Procedures

Distinkt respects intellectual property rights. If you believe content on the platform infringes your copyright, you may submit a written notice to:

Distinkt Talent Agency LLC
Attn: Copyright Agent
Los Angeles, California
Email: legal@distinkt.com

A copyright notice should include:

• Your physical or electronic signature, or the signature of a person authorized to act for you
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and information reasonably sufficient to locate it
• Your name, mailing address, phone number, and email address
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the copyright owner

Upon receiving a valid notice, Distinkt may remove or disable access to the allegedly infringing material and notify the user who posted it.

If you believe your content was removed by mistake or misidentification, you may submit a counter-notice containing:

• Your physical or electronic signature
• Identification of the removed material and where it appeared before removal
• Your name, mailing address, phone number, and email address
• A statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification
• A statement that you consent to the jurisdiction of the appropriate federal district court and will accept service of process from the person who submitted the original notice or their agent

Distinkt may restore removed material in accordance with applicable law unless the original complainant notifies Distinkt that it has filed a court action seeking to restrain the allegedly infringing activity.

Distinkt maintains a policy of terminating accounts of repeat copyright infringers in appropriate circumstances.

A service provider seeking DMCA safe-harbor protection must maintain a current designated agent registration with the U.S. Copyright Office in addition to posting agent contact information.

4.9 Right of Publicity

Users must not upload or use content that exploits another person's name, image, likeness, voice, identity, or identifying characteristics without authorization.

Distinkt may remove content that appears to violate publicity, privacy, contract, union, guild, or similar rights.

5. Privacy, Data, and Artificial Intelligence

5.1 Privacy Policy

Your use of the platform is governed by our Privacy Policy at https://distinkt.com/privacy-policy, which is incorporated into these Terms by reference.

5.2 Cookie Policy

Use of cookies, analytics, tracking technologies, and related preferences is described in our Cookie Policy.

5.3 Operational AI

Distinkt may use automated systems, including AI-assisted tools, to support platform operations such as search, matching, recommendations, profile organization, workflow support, fraud detection, abuse prevention, and internal efficiency.

Operational AI is intended to support platform, casting, agency, and employment facilitation. It does not replace final human judgment for agency representation, hiring, casting, contracting, or engagement decisions.

5.4 Performer AI Protections

Distinkt will not knowingly:

• Use performer content to train generative AI models without separate explicit consent
• Create digital replicas, synthetic performances, voice clones, or deepfakes without separate explicit consent
• License performer content to third parties for AI training without separate explicit consent
• Generate AI-produced likenesses or performances without separate explicit consent

5.5 AI Consent Requirements

Any use of performer content for AI, digital replica, synthetic media, or similar purposes beyond ordinary platform operations requires separate disclosure and consent.

Where applicable, such consent should include:

• A clear description of the intended use
• The content, likeness, voice, or performance involved
• The duration and scope of the requested rights
• The compensation or business terms
• Any applicable union, guild, or legal requirements
• The ability to refuse where required by law, agreement, or guild rules

Hiring Partner requests for AI, digital replica, synthetic media, or similar rights require separate disclosure, consent, and compensation terms consistent with applicable law, guild rules, and engagement documents.

6. Fees, Commissions, and Payments

6.1 Commission Terms

Commission and procurement-related terms are governed by the separately signed Talent Agency Agreement, applicable engagement documents, and applicable law.

These Terms do not replace the Talent Agency Agreement and do not create any commission obligation or give Distinkt commission rights. In particular, these Terms do not entitle Distinkt to commission on work talent obtains independently. Any commission obligation must be separately agreed in writing.

For guild-covered work, applicable guild agreements, union rules, and collective bargaining agreements control.

6.2 Hiring Partner Fees and Payments

Hiring Partners are responsible for all agreed fees, costs, usage payments, session fees, holding fees, cancellation fees, expense reimbursements, taxes, and other payment obligations set forth in applicable hiring partner, project, agency, or engagement documents.

6.3 Payment Processing

Payments may be processed by third-party providers. You agree to comply with any applicable payment processor terms.

All amounts are in U.S. dollars unless otherwise stated.

6.4 Talent Payments

Where Distinkt receives funds on behalf of talent, Distinkt will handle those funds in accordance with applicable law, the Talent Agency Agreement, and any applicable guild, union, or engagement requirements.

Funds received on behalf of talent may be subject to trust accounting, commission deductions and other deductions expressly authorized by the Talent Agency Agreement, applicable engagement documents, or law, holds for disputes between talent and Distinkt as permitted by Labor Code §1700.25, tax reporting, accounting obligations, payment processor timing, and other handling requirements authorized by those agreements or applicable law.

6.5 Off-Platform Circumvention

You may not circumvent agreed payment, commission, documentation, or compliance obligations relating to an opportunity, introduction, project, or engagement sourced through or administered by Distinkt, where those obligations are established by the Talent Agency Agreement, an applicable engagement document, another separate written agreement (including the Hiring Partner Terms), or applicable law.

This restriction does not apply to work obtained independently that was not sourced through or administered by Distinkt, and it does not create any fee or commission obligation.

6.6 Residuals, Backend, and Contingent Compensation

Residuals, pension and health contributions, backend participation, profit participation, contingent compensation, holding fees, exclusivity payments, and similar compensation are governed by the applicable engagement documents, guild agreements, union rules, and the Talent Agency Agreement.

Distinkt does not waive talent rights to residuals, audit rights, pension and health contributions, or guild-covered compensation through these Terms.

6.7 Holding Fees and Exclusivity Payments

Where holding fees, exclusivity payments, or similar usage payments apply, the terms must be documented in the applicable engagement documents.

For guild-covered work, applicable guild rules and collective bargaining agreements control.

7. Account Suspension and Termination

7.1 Suspension or Termination by Distinkt

Distinkt may suspend, restrict, or terminate accounts for reasons including:

• Violation of these Terms
• Violation of other Distinkt policies or agreements
• Fraudulent, abusive, unsafe, or unlawful conduct
• False or misleading account, profile, application, verification, payment, or project information
• Infringement or misuse of third-party rights
• Security risk
• Legal, regulatory, agency, guild, or compliance obligations
• Business, operational, or safety reasons

7.2 Guild and Statutory Rights

Distinkt will not suspend, terminate, or disadvantage talent for exercising rights under applicable California talent agency law, SAG-AFTRA agreements, other guild agreements, union rules, or lawful Labor Commissioner processes.

7.3 Enforcement Actions

Distinkt may take enforcement actions including:

• Warnings
• Content removal
• Feature restrictions
• Temporary suspension
• Permanent termination
• Payment holds where legally permitted
• Verification requirements
• Device, IP, or access restrictions for serious violations

Actions depend on severity, risk, violation history, and impact on other users. Distinkt is not required to follow a specific sequence and may act immediately for serious violations.

7.4 Appeals

You may appeal enforcement actions by emailing support@distinkt.com within thirty (30) days.

Appeals receive human review. Distinkt will respond within a reasonable timeframe. Decisions on appeal are final unless a separate agreement, guild procedure, law, or Labor Commissioner process provides otherwise.

7.5 Account Closure by User

You may request account closure at any time. Account closure does not eliminate payment or commission obligations that already arose from an engagement covered by a separate signed agreement. Closing an account does not create new commission rights, extend existing commission rights, or entitle Distinkt to commission on independently obtained work.

Closure also does not affect confidentiality obligations, intellectual property rights, records required by law, audit rights, dispute rights, or other obligations that expressly survive under these Terms or a separate agreement.

7.6 Inactive Accounts

Distinkt may close accounts that are inactive for an extended period after reasonable notice.

Account closure for inactivity does not affect:

• Pending compensation owed to talent
• Payment or commission records
• Residual or engagement records
• Records required by law
• Data retained under the Privacy Policy
• Rights under applicable guild, union, or agency agreements

8. Disclaimers

8.1 Platform Provided As Is

The platform is provided on an "as is" and "as available" basis. Distinkt does not guarantee uninterrupted, error-free, secure, or always-available service.

8.2 No Guarantee of Opportunities or Outcomes

Distinkt does not guarantee that any talent will receive opportunities, auditions, bookings, engagements, compensation, visibility, rankings, or recommendations.

Distinkt does not guarantee that any Hiring Partner will find suitable talent, complete a project, receive submissions, or achieve any creative, commercial, or production outcome.

8.3 Talent Agency Duties Preserved

Nothing in these Terms limits Distinkt's duties required by applicable talent agency law, the Talent Agency Agreement, guild agreements, union rules, or applicable law.

8.4 No Professional Advice

Nothing on the platform or in communications from Distinkt constitutes legal, tax, accounting, financial, employment, production, union, guild, or other professional advice.

You are responsible for obtaining advice appropriate to your circumstances.

8.5 Security Disclaimer

Distinkt uses reasonable safeguards designed to protect personal information and platform systems. However, no system is completely secure.

To the extent permitted by law, Distinkt does not guarantee that data, content, communications, or platform systems will be free from unauthorized access, breach, loss, interruption, corruption, or misuse.

9. Limitation of Liability

To the extent permitted by law, Distinkt is not liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising out of or related to the platform, these Terms, or any platform-related services.

To the extent permitted by law, Distinkt's total liability for claims arising out of or related to these Terms will not exceed the total amount of fees paid by the affected party to Distinkt under these Terms in the twelve (12) months before the event giving rise to the claim. For Hiring Partners, the limitation of liability in the Hiring Partner Terms applies instead.

This limitation does not apply where prohibited by law or to claims that cannot legally be limited, including where applicable:

• Gross negligence or willful misconduct
• Compensation owed under applicable agreements
• Claims arising under California talent agency law
• Claims subject to applicable Labor Commissioner jurisdiction
• Pension and health contributions required by guild agreements
• Claims subject to applicable guild or union grievance procedures
• Other non-waivable statutory rights

10. Indemnification

You agree to defend, indemnify, and hold harmless Distinkt and its owners, officers, employees, contractors, representatives, and agents from claims, losses, liabilities, damages, costs, and expenses arising from:

• Your violation of these Terms
• Your violation of another Distinkt agreement or policy
• Your content or submissions
• Your infringement or alleged infringement of third-party rights
• Your fraud, misrepresentation, unlawful conduct, or misuse of the platform
• Your violation of confidentiality, production, union, guild, hiring partner, or talent obligations

This section does not apply to the extent prohibited by applicable law and does not waive rights or processes under California talent agency law, Labor Commissioner jurisdiction, or applicable guild or union procedures.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, the parties agree to try to resolve disputes informally where reasonable. Contact legal@distinkt.com with a description of the issue and requested resolution.

11.2 Labor Commissioner and Guild Carveouts

Nothing in these Terms limits or waives rights to bring claims, petitions, grievances, or proceedings before:

• The California Labor Commissioner where applicable
• SAG-AFTRA arbitration or grievance procedures where applicable
• Other applicable guild or union dispute procedures
• Any forum required by applicable law or collective bargaining agreement

11.3 Arbitration

Except where prohibited by law, excluded by these Terms, or governed by another applicable agreement, disputes may be subject to binding arbitration in Los Angeles, California, administered by JAMS.

Any arbitration involving talent agency controversies must comply with applicable California talent agency law, including any requirements for Labor Commissioner notice, attendance rights, or jurisdiction where applicable.

11.4 Class Action Waiver

To the extent permitted by law, disputes must be brought on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action.

This waiver does not apply where prohibited by law and does not limit non-waivable rights under applicable labor, guild, union, or talent agency laws.

11.5 Time to Bring Claims

Claims against Distinkt must be brought within one year after the claim arises unless a longer period is required by applicable law, guild agreement, union rule, Labor Commissioner procedure, or other controlling agreement.

11.6 Mass Arbitration Procedures

If twenty-five (25) or more similar claims are filed against Distinkt by coordinated claimants or coordinated counsel, the parties may use reasonable batching, mediation, tolling, and sequencing procedures to promote efficient resolution.

This procedure does not apply where inconsistent with Labor Commissioner jurisdiction, SAG-AFTRA arbitration, other guild procedures, or applicable law.

12. General Terms

12.1 Governing Law

California law governs these Terms, except where preempted by federal law or controlled by applicable guild, union, collective bargaining, or statutory requirements.

12.2 Updates to These Terms

Distinkt may update these Terms from time to time. For material changes, Distinkt may provide notice through the platform, email, or another reasonable method.

Continued use of the platform after updated Terms become effective means you accept the updated Terms.

12.3 Entire Agreement

These Terms form the agreement governing platform use. They do not form a talent representation agreement, create representation or exclusivity, transfer ownership of user content, or independently create commission rights. These Terms may be supplemented or superseded, as applicable, by the Talent Agency Agreement, Hiring Partner Terms, guild agreement, union rule, Privacy Policy, Cookie Policy, or another applicable written agreement.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Distinkt's prior written approval.

Distinkt may assign or transfer these Terms, and the licenses you grant under them, without your consent, to (a) an affiliate under common control with Distinkt, or (b) a successor in connection with a merger, acquisition, financing, reorganization, or change of control of Distinkt, in each case subject to any notice to, or consent of, the California Labor Commissioner or other regulator required by law.

Talent agency services under these Terms will be performed only by an entity holding the required talent agency license. A transfer under (b) that does not include the entity holding Distinkt's talent agency license is permitted only if the successor holds, or obtains before using your content, any license required to provide the services in Section 4.2.

Any assignee takes the license subject to all of Section 4, including the limits in Sections 4.3, 4.5, 4.6, 5.4, and 5.5, and may use your content only for the purposes in Section 4.2. Distinkt will notify you of any such transfer, and you may then delete your content or close your account as described in Section 7.5. Distinkt will not otherwise assign or transfer this license separately from its business.

These Terms bind and benefit the parties and their permitted successors and assigns.

12.5 Severability

If any part of these Terms is found invalid or unenforceable, the remaining parts remain in effect.

12.6 No Waiver

A failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

12.7 Force Majeure

Distinkt is not liable for failure or delay in performance caused by circumstances beyond reasonable control, including natural disasters, pandemic or epidemic, war, terrorism, civil unrest, government action, labor disputes not involving Distinkt's own workforce, telecommunications failures, internet infrastructure failures, cyberattacks, hosting provider failures, payment processor failures, or third-party service failures.

This section does not excuse payment obligations, talent compensation obligations, pension and health obligations, or obligations that cannot be excused under applicable law, guild agreements, union rules, or collective bargaining agreements.

13. Guild Affiliation and SAG-AFTRA Compliance

13.1 Guild Affiliations

Distinkt respects talent guild and union affiliations.

Talent must accurately disclose relevant union or guild status where required for a project, engagement, or compliance purpose.

13.2 SAG-AFTRA and Guild-Covered Work

For SAG-AFTRA or other guild-covered work:

• Applicable collective bargaining agreements control
• Guild minimums, working conditions, payment rules, and grievance procedures apply where required
• Distinkt will not knowingly facilitate engagements that violate applicable guild rules
• Talent rights under applicable guild agreements are preserved

13.3 Signatory Status

Hiring Partners are responsible for accurately disclosing whether a production is signatory to SAG-AFTRA or another applicable guild agreement.

Distinkt may request signatory, payroll, production, or compliance information before facilitating an engagement.

13.4 Global Rule One and Similar Rules

Distinkt acknowledges that SAG-AFTRA members and other guild members may be subject to rules restricting work for non-signatory producers or noncompliant engagements.

Distinkt will not knowingly require talent to violate applicable guild rules.

13.5 Non-Union Work

For non-union performers or non-union engagements, these Terms, the Talent Agency Agreement, project documents, and applicable law govern.

Nothing in these Terms requires talent to accept non-union work.

14. Exclusivity, Options, and Special Deal Terms

14.1 Representation Exclusivity

These Terms do not create representation or exclusive representation. Distinkt's standard Talent Agency Agreement is non-exclusive. Talent may continue finding and accepting work independently and may maintain other representation relationships where permitted.

A specific engagement may include separately negotiated restrictions, such as brand-category conflicts, holding periods, dates of availability, or project exclusivity. Any such restriction applies only as stated in the applicable engagement documents and does not create exclusive representation by Distinkt.

14.2 Commercial Exclusivity

Category exclusivity for commercial work, including conflicts such as competing brands or products, must be negotiated and documented for the specific engagement.

For guild-covered work, applicable guild rules and holding fee requirements control.

14.3 Options, Sequels, and Multi-Picture Commitments

When Distinkt facilitates opportunities involving options, sequels, remakes, spinoffs, franchise commitments, or multi-picture commitments:

• Material option terms should be disclosed before submission where known
• Option terms should be documented in writing
• Talent may decline submission to opportunities with option provisions
• Commission on option exercises applies only as set forth in the Talent Agency Agreement and applicable engagement documents

14.4 Confidential Deal Terms

Sensitive deal terms, including option rates, sequel provisions, backend participation, profit participation, pay-or-play terms, billing, credit, and confidential production information, must be treated as confidential unless disclosure is authorized or legally required.

15. Contact

For legal notices:

Distinkt Talent Agency LLC
Los Angeles, California
Email: legal@distinkt.com

For privacy requests:

Email: privacy@distinkt.com

For support:

Email: support@distinkt.com