Terms of Use
McNulty Casting Master Terms of Use
Effective Date: September 1, 2026
These Terms of Use (“Terms”) are a binding agreement between you and McNulty Casting Inc., doing business as McNulty Casting (“McNulty,” “we,” “us,” or “our”). They govern your access to and use of this website, any project-specific casting website operated by or for McNulty, and the related account, application, audition, messaging, electronic-signature, and casting services (collectively, the “Service”).
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS AN AGREEMENT TO ARBITRATE, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF THAT AGREEMENT AS DESCRIBED IN SECTION 16.
By creating or accessing an account, selecting “Continue,” “Create Account,” “Sign In,” “Submit,” or a similar action after these Terms are conspicuously presented, signing a document through the Service, submitting materials, or otherwise using the Service, you agree to these Terms and acknowledge the Privacy Policy and any Project Terms presented for the applicable production. If you do not agree, do not use the Service.
1. Eligibility and Project Requirements
You must be legally capable of entering into these Terms. Each production or casting project (a “Project”) may have separate age, residency, work-authorization, union, availability, background-check, or other eligibility requirements. Meeting those requirements does not guarantee an interview, callback, casting decision, employment, compensation, or participation.
Unless a Project page expressly permits applicants under age 13 through a separate parent-controlled process approved for that Project, the Service is not available to persons under 13. An applicant under 18 (“Minor Applicant”) may use the Service only through an account created or controlled by a parent or legal guardian who accepts these Terms on the minor’s behalf and completes all required parental documents.
2. Accounts and Electronic Access
You must provide accurate, current, and complete information and keep it current. The public Service uses a one-time code or link delivered to the account email. You are responsible for control of that email account and for activity conducted through your account. Notify us promptly of suspected unauthorized access.
Accounts are generally Project-specific. McNulty may link or use information across Projects as disclosed in the Privacy Policy and applicable Project Terms. McNulty may refuse, suspend, or terminate an account at any time, including for inaccurate information, ineligibility, misuse, security concerns, legal requirements, Project changes, or discontinuation of the Service.
3. Authorized Representatives
If you submit information or materials for another person, you represent and warrant that you are legally authorized to act for that person, provide all required notices, obtain all necessary permissions, and bind that person where legally permitted. McNulty may require direct confirmation from the represented person or, for a minor, a parent or legal guardian.
4. Electronic Signatures and Records
The Service permits electronic execution of consents, releases, and other records. You consent to conduct these transactions electronically under the federal E-SIGN Act and applicable state electronic-transactions laws. A typed or drawn signature, checked acknowledgment, or other approved electronic action is intended to have the same legal effect as a handwritten signature.
McNulty may retain the executed document and associated evidence, including the applicable document version, account identifier, signer information, date, time, IP address, email verification, and audit history. You may withdraw consent to transact electronically by contacting us, but withdrawal does not affect prior transactions and may prevent further use of the Service.
5. Submissions
“Submission” means information and material you provide through or in connection with the Service, including application answers, biographical information, messages, headshots, photographs, audio, audition videos, virtual audition recordings, linked YouTube, Vimeo, Instagram, or similar content, and other materials.
You retain any ownership rights you otherwise hold. You grant McNulty and its service providers a nonexclusive, worldwide, royalty-free license to host, store, reproduce, transcode, format, display internally, review, annotate, organize, transmit, disclose, and otherwise process the Submission as reasonably necessary to operate the Service; evaluate you for the applicable Project and other casting opportunities; share the Submission with Project Parties; administer and document the casting process; protect the Service; comply with law; and enforce agreements. This license continues for so long as reasonably necessary for those purposes and any permitted retention period.
“Project Parties” means the applicable production company and any network, studio, streaming service, broadcaster, distributor, executive producer, casting personnel, sponsor, advertiser, financier, licensee, direct or indirect parent, subsidiary, related or affiliated entity, division, business unit, successor, assignee, and professional adviser associated with a Project, whether or not the Project’s identity is disclosed when you apply.
Project-specific releases may separately grant Project Parties broad, irrevocable, perpetual rights to record, edit, use, distribute, advertise, promote, and otherwise exploit your likeness, voice, performance, statements, Submission, or other materials, whether or not you are selected. Those rights arise under the applicable release, not solely under this Section. If these Terms conflict with a signed Project release concerning production exploitation rights, the signed Project release controls for that subject.
6. Your Promises
You represent and warrant that you have authority to submit every element of your Submission; your information is accurate and not misleading; the Submission does not violate law or third-party intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; every identifiable adult appearing in the Submission has signed any required release; and no minor other than the applicant appears unless McNulty expressly authorizes it and the minor’s parent or guardian provides the required consent.
7. Virtual Audition Queue
A “virtual open call” may simulate a scheduled or live audition using a countdown or queue, but unless expressly stated otherwise it is a recorded or submitted audition and is not watched live. McNulty and Project Parties may review it later. Any use of that recording is governed by these Terms and the applicable Project release.
8. Communications
You consent to receive transactional emails relating to account access, applications, scheduling, releases, security, and casting. Marketing email is optional and should be governed by a separate consent. You may unsubscribe from marketing without affecting transactional communications.
9. Prohibited Conduct
You may not impersonate another person; provide fraudulent information; submit unlawful, infringing, defamatory, obscene, malicious, or unauthorized material; harass others; scrape or harvest data; probe or bypass security; introduce malicious code; interfere with the Service; access another account; use automated means except as authorized; or use the Service for a purpose unrelated to legitimate casting consideration.
10. No Talent-Agency or Employment Relationship
McNulty provides casting services. It is not your talent agent, talent manager, fiduciary, employer, or representative. No use of the Service creates employment, agency, partnership, joint venture, or entitlement to compensation. Casting and production decisions are made by the applicable Project Parties in their discretion.
11. Intellectual Property in the Service
Except for user Submissions, the Service and its software, design, text, graphics, branding, and content are owned by McNulty or its licensors. McNulty grants you a limited, revocable, nontransferable license to use the Service for its intended casting purpose. You may not copy, modify, distribute, sell, lease, reverse engineer, or exploit it except where applicable law prohibits that restriction.
12. Third-Party Services
The Service may link to or display content from third parties, including Project Parties and video platforms. McNulty does not control their services, terms, availability, or independent privacy practices. Your use of a third-party service is governed by that provider’s terms.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MCNULTY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. MCNULTY DOES NOT WARRANT THAT ANY SUBMISSION WILL BE REVIEWED OR RESULT IN CONTACT, CASTING, EMPLOYMENT, COMPENSATION, OR PRODUCTION.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MCNULTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, OPPORTUNITY, DATA, REPUTATION, OR GOODWILL, ARISING FROM THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
15. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless McNulty and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from claims, liabilities, damages, judgments, losses, and expenses, including reasonable attorneys’ fees, arising from your Submission, your breach of these Terms, your violation of law or third-party rights, or your unauthorized conduct. For a Minor Applicant, the accepting parent or guardian agrees to these obligations personally and on behalf of the minor to the extent enforceable.
16. Dispute Resolution; Arbitration; Class-Action Waiver
IMPORTANT: THIS SECTION REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT. IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Informal resolution. Before commencing arbitration, the claimant must send a written notice to info@mcnultycasting.com describing the claimant, dispute, relevant account and Project, and requested relief. The parties will attempt in good faith to resolve the dispute for 60 days. Limitations periods are tolled during that period to the extent permitted by law.
Agreement to arbitrate. Except for an individual claim eligible for small claims court and a request for temporary or preliminary equitable relief concerning intellectual property, confidentiality, security, or unauthorized access, you and McNulty agree that every dispute, claim, or controversy arising out of or relating to the Service, these Terms, a Submission, any casting process, or your relationship with McNulty will be resolved by final, binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The Federal Arbitration Act governs. The arbitration will be before one neutral arbitrator in Los Angeles County, California, except that a consumer residing elsewhere may elect remote participation or another location reasonably required by applicable law.
Covered McNulty parties. This Section is made for the express benefit of, and may be enforced by, McNulty’s present and former parents, subsidiaries, affiliates, owners, officers, directors, employees, casting personnel, agents, contractors, vendors, successors, assigns, insurers, and legal representatives, but only for claims arising from or relating to their work for or relationship with McNulty or the Service (“McNulty Covered Parties”). Each is an intended third-party beneficiary of this Section.
Relationship to Project arbitration agreements. A Project release or other Project agreement may contain a separate mediation or arbitration provision benefiting one or more Project Parties. To the fullest extent permitted by law: (a) these Terms do not supersede that provision; (b) you agree that a claim against McNulty or a McNulty Covered Party that is based upon, intertwined with, dependent upon, or alleges concerted misconduct concerning a Project agreement, the Project casting process, the rights granted under that agreement, or conduct by a Project Party must be arbitrated and not litigated in court; (c) McNulty and each applicable McNulty Covered Party may enforce the Project arbitration provision as an intended third-party beneficiary where the agreement so provides, and otherwise under applicable principles of equitable estoppel, agency, delegation, incorporation by reference, or related doctrines; and (d) if the claim is also within this Section, the claimant consents to coordination or consolidation before the same arbitrator or arbitral forum where permitted by the governing agreements and applicable rules.
No unilateral amendment of Project agreement. Nothing in these Terms makes McNulty a named signatory to a Project agreement, expands the obligations of a Project Party, or guarantees joinder or consolidation. Those issues will be decided by the arbitrator or other decision-maker authorized under the applicable agreement and law.
Delegation. Except where applicable law requires otherwise, the arbitrator—not a court—will decide disputes concerning the interpretation, scope, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is arbitrable and whether McNulty or a McNulty Covered Party may enforce a Project arbitration agreement.
Individual proceedings only. Claims may be brought only in an individual capacity. The arbitrator may not combine claims or preside over a class, collective, consolidated, mass, or representative proceeding except to coordinate claims concerning the same applicant and transaction where all affected parties consent or the applicable agreements and JAMS rules permit. If the class waiver is finally held unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after arbitration of arbitrable matters, unless law requires otherwise.
Fees and remedies. JAMS fees will be allocated under applicable law and JAMS consumer standards. Each party bears its own attorneys’ fees unless a statute, rule, or award provides otherwise. The arbitrator may award any individual remedy available in court that cannot lawfully be waived, subject to valid limitations in these Terms.
Thirty-day opt out. You may opt out of this Section by sending a signed written notice to info@mcnultycasting.com within 30 days after first accepting these Terms. The notice must identify your account email, state that you opt out of the arbitration agreement in the McNulty Terms of Use, and be sent by you personally or your parent or guardian. Opting out does not opt you out of a separate Project arbitration agreement and does not affect any other provision of these Terms.
17. Governing Law
California law governs these Terms without regard to conflicts principles, except that the Federal Arbitration Act governs Section 16.
18. Changes
McNulty may update the Service and these Terms. Material changes will be presented through the Service or by email and, where appropriate, will require renewed assent. Changes do not retroactively alter rights already granted or disputes that arose before the effective date unless the parties expressly agree.
19. General
These Terms, the Privacy Policy, applicable Project Terms, and signed Project documents constitute the agreement between you and McNulty regarding the Service. Project documents may create separate agreements with Project Parties. If a provision is unenforceable, it will be limited to the minimum extent necessary. No waiver is continuing. You may not assign these Terms; McNulty may assign them in connection with a reorganization, business transaction, or operation of law. Sections that by their nature should survive—including rights in prior Submissions, disclaimers, limitations, indemnity, dispute resolution, and general provisions—survive termination.
20. Contact
McNulty Casting Inc.
12400 Ventura Blvd #1240
Studio City, CA 91604
info@mcnultycasting.com