Terms and Conditions

TERMS AND CONDITIONS

 

1. INTRODUCTION

These Terms and Conditions (“Terms”) govern the relationship between:

REALFAN MEDIA LTD, a company incorporated in England and Wales (“Company”),

and

the individual performer (“Performer”).

By using the Company’s services, the Performer agrees to these Terms.

 

2. NATURE OF SERVICES

The Company provides studio, marketing, administrative and talent management services to Performers operating on third-party online platforms.

The Company does not provide financial, banking, or payment services.

 

3. COMMERCIAL AGENCY RELATIONSHIP

The Company acts as a commercial agent on behalf of the Performer.

By accepting these Terms, the Performer:

• appoints the Company to act as its agent in relation to third-party platforms;
• authorises the Company to represent the Performer in commercial interactions;
• authorises the Company to collect revenues generated by the Performer.

 

4. COLLECTION OF FUNDS

All funds generated through third-party platforms:

• are earned by the Performer;
• are collected by the Company on behalf of the Performer;
• do not constitute funds owned by the Company.

The Company receives such funds strictly in its capacity as agent.

 

5. DISTRIBUTION OF EARNINGS

The Company:

• deducts a pre-agreed service fee;
• allocates the remaining earnings to the Performer.

The Performer acknowledges that:

• the Company does not provide payment services;
• any transfer of funds is incidental to the agency relationship.

 

6. NO PAYMENT SERVICES

The Company does not:

• provide money remittance services;
• execute payment transactions as a regulated service;
• operate payment accounts;
• issue electronic money.

Nothing in these Terms shall be interpreted as the provision of regulated payment services under the Payment Services Regulations 2017 or the Electronic Money Regulations 2011.

 

7. COMMERCIAL AGENT EXEMPTION

The Parties acknowledge that:

• the Company acts on behalf of the Performer (payee);
• the Company’s activities fall within the commercial agent exemption under applicable law;
• the Company does not act as an independent intermediary for payment services.

 

8. THIRD-PARTY PLATFORMS

The Performer provides services directly to third-party platforms.

The Company:

• is not responsible for platform operations;
• does not control payment processing of such platforms.

 

9. FEES

The Company charges a service fee as agreed separately.

This fee covers:

• studio services
• marketing
• administrative support

 

10. PERFORMER STATUS

The Performer is an independent contractor.

Nothing in these Terms creates:

• employment
• partnership
• joint venture

 

11. COMPLIANCE

The Performer agrees to comply with:

• applicable laws and regulations;
• platform rules and requirements.

 

12. LIMITATION OF LIABILITY

The Company shall not be liable for:

• actions of third-party platforms;
• delays in payments from platforms;
• circumstances beyond its control.

 

13. GOVERNING LAW

These Terms are governed by the laws of England and Wales.