AGREEMENT
THIS AGREEMENT made and entered into at Mumbai this ……….. and day of ………. 20….. BETWEEN _____________________________, a company incorporated under the Companies Act 1956 having its office at ____________________________________________, herein after refereed to as the Producer expression shall unless it be repugnant to the context or meaning deemed to include its successors and permitted assigns of the party of the one part and
Mr / Ms…………………………………………..residing at ……………………… ……………...,………………………………………………………………………………………………………..
Pan Card No. (…………………………………..) here in after for the sake of brevity referred to as "……………………………………………… " 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 TV Serials , feature films, telefilms, short films audio programs, chat shows, quizzes etc.
AND WHEREAS, the party of the second part is a Technician who is working as a “…………………………………….. " for the show "_____________".
NOW THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERE TO AS UNDER:-
· Both the parties have mutually agreed that party of the second part would provide services for the above said program.
· 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.
· That the second party shall have to commit himself/herself in totality for the said serial and make himself/herself available for all the time as and when required.
· 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, a sum of Rs. …………/- (Rupees…………………………… ………………………………………only) per day/Episode/Story/month after deduction of the TDS for the Services. The amount shall be paid only after 10 days of the date of proper submission of bills in due month and the payment cycle shall be 15th to 30th of every month.
· All payments shall be made by cheque only. No payment shall be made in any name other than the person himself, for whatsoever reason.
· 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.
· 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.
· 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. Upon such cancellation/termination, the Second Party shall not claim any compensation or remuneration from the Producer at the time of termination.
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 then only his dues will be cleared according to the payment terms.
c) 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.
d) If the second part wants to get exit from this contract he or she can only do so after given 30 days notice in writing, payment terms and cycle will be same.
· 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 Technician. 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.
· By accepting this contract it is hereby agreed by and between both the parties that there shall not be any intervention by union or by any other agency except as agreed upon hereby.
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 "the Producer" by the within named
“__________________________”.
………………………………………….
Authorized Signatory
Witness : 2
