AGREEMENT
herein after for the sake of brevity referred to as "Story, Screenplay and Dialogue Writer" expression shall unless it be repugnant to the context of meaning deemed to include his heirs, executors and administrators party of the second part:
WHEREAS, the party of the First Part is engaged in the business of producing feature films, Tele Films, short films TV audio programs, chat shows, quizzes, Tele serials etc. and inter alia distribution and marketing of the said films if necessary and all such other work connected there with;
AND WHEREAS, the party of the second part is a Technician who is working as a "Story Screenplay and Dialogue Writer" for the show "___________". For _________ Channel.
NOW THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERE TO AS UNDER:-
1. Both the parties have mutually agreed that party of the second part would provide Story, Screenplay and dialogues, for the above program and take up no other similar television series in the period of running of the said program starting from Episode No. ………… till the Show is on air.
2. Party of the second part hereby affirm and declare that the Story, Screenplay and Dialogue written by him/her is original and free from all encumbrances. In cases of any claim raised on the said material at any given time and from any corner of the world, the party of the second part will be solely responsible for the same. Moreover, party of the second part do guarantee that all the material is legally valid under the law in force and you shall make good of the losses that may be sustained by us in respect of whatever is stated herein above. All the rights and privileges under this contract cannot be assigned or transferred in favour of any other person under the contract.
3. That all the copyrights of all the work done, made or created by you for the said serial, will belong to the first party at all times and the first party has all the rights to re-package, re-edit, re-telecast while the second party shall not claim any copyright or title on any of the above in the said serial.
4. That the second party shall have to commit himself in totality for the said serial and make himself available for all the time as and when required.
5. That the second party hereby warrants and agrees that the Story, Screenplay and dialogue for all subsequent episodes will be first class as per channel requirements.
6. Subject to the services, performance rendered by the party of the second part, as stated hereinabove, and subject to the condition contained hereinafter, the Producer shall pay, in consideration of his/her services, inclusive of all a sum of Rs. …………./- (……………………………………………………………….only) per episode for the Story, Screenplay and Dialogue. The amount shall be paid 90 days after working month and the date of proper submission of invoice and the payment cycle shall be 15th of every month.
7. All payments shall be made by cheque, No payment shall be made in any name other than the person himself/herself , for whatsoever reason.
8. It is hereby agreed between the parties, that the Producer shall be entitled to deduct tax at sources as required under the Income tax Act, 1961, or any other statutory taxes are required under the provision of the law from time to time.
9. Party of the second part hereby affirms and declares that he shall render his services to the best of his ability and shall be honest, sincere and faithful to party of the first part.
10. That all the work, materials, copyrights and things etc. made or created by the party of the second part for rendering his services to party of the first part for the said serial, will belong to the first party at all times and the first party has all the rights to re-package, re-edit, re-telecast while the second party shall not claim any copyright or title on any of the above in the said serial.
11. This Agreement shall not be terminated by
either of the parties except the following circumstances only:-
a) If the Producer is dissatisfied regarding the work, discipline, behavior of the Second Party, the Producer shall be entitled to cancel and/or terminate this Agreement at any time during the term of this Agreement or can be cancel this agreement by 30 days given notice period in writing from both the side. Upon such cancellation/termination, the Second Party shall not claim any compensation or remuneration from the Producer at the time of termination. Upon such cancellation/termination any balance payment due to the party of the second part shall be payable only as per the payment cycle mentioned hereinabove.
b) Upon such cancellation/termination the party of the second part shall give proper handover to any other person being appointed or any representative of the party of the first part.
12. The parties hereto shall resolve all disputes/differences arising out of, or pertaining to this Agreement by themselves as this contract is strictly between Producer & the writer. If any disputes differences are not resolved and continues, the same shall be referred to Arbitration in Mumbai or the Technicians which is recognized by both the parties. Any such disputes, differences which cannot be resolved by an Arbitration proceeding or mutually by the dispute committee then shall be open for litigation in the exclusive jurisdiction of the Courts of Mumbai.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands/seal, the day and the year first hereinabove written.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
by the
within named "Authorized Signatory" by the within named
M/S _________________________.
WRITER:
WITNESS:
