Malayalamcinema
Malayalamcinema
Agreement Form
 





AGREEMENT executed between Sri. M/s.................................................. (Producer) hereinafter called as the 1st party and ................................. .......................................................(Artiste) hereinafter called as the 2nd party, on this the ................................day of...............................20....

       WHEREAS the 1st pa rty is the producer of a Malayalam Movie by name.........................................................................................................        which is expected to be produced by ...................................................... ................................................................................................................

       WHEREAS the 1st party had sought the willingness of the 2nd party and whereas the 2nd party has expressed his desire to        participate        in the above said project; and whereas the parties have agreed to co-operative and enter into the agreement on the        following        terms and conditions.

1.   The 2nd party undertakes to render his services as an Artiste for the producer for the completion of the project.......................... ......................................the work of which is expected to commence from...............................................................................................

2.    It is mutually agreed that, the remuneration payable to the 2nd pa rty will be Rs......................... (Rupees ...............................................        ...................................only) payable as follows:
       a.  Upto 20% as advance of the remuneration (By Cheque/ DD only)
       b. 25% during shooting/ pack up.
        Note : In the case of artiste whose remuneration is less than Rs. 1 lakh (Rupees One lakh only) and who does not do the        dubbing, the entire remuneration would be paid before pack up, and those who have dubbing, the accounts will be settled at the        time of dubbing.
c.    25% at the stage of dubbing.
d.    And the balance of 30% before Lab settlement, with the confirmation of the Lab authority.

3.   The 2nd party will make himself exclusively available for the works relating to then production of the movie by the 1st party from        date................................................to date................................. in addition, Five days should be allowed from................................ to        ................................for re-shooting or patchwork. The 2nd party should also make himself/ herself available for shooting/ dubbing for        taking clippings for the promotion of this project, and the date should be on mutual agreement.

4.   The 2nd party will be available for shooting/ dubbing or for any other work related to the completion of the project at any day and        time, during the currency/ tenancy of this agreement, which will continue in force till the project is completed.

5.    In case the 2nd party is not available for dubbing as and when required by the 1st party, the 1st party will be free to get the dubbing done through any other person, at the discretion of the 1st        party.

6.    The 2nd party will be eligible for t.a. only for one trip to and from the location and the mode of conveyance can be decided by the  1st party. It will also be the freedom of the 1st party to decide the accommodation of the 2nd party. The personal expenses like cigarettes, liquor, std/ isd etc. shall be borne by the 2nd party.

7.    in case of female artist 2nd party can be accompanied by a relative or a personal assistant; (in case of main actress along with the helper) and the 1st party will provide for their accommodation and food.

8.    The 1st party will make available the services of makeup man  and assistant. Hair dresser and assistant, costume designer and assistant. In case the 2nd party wants to have its own personnel for the above purpose, the 1st party will be liable for the only for        the food expenses, of such persons. For such peoples, the 1st party can arrange accommodation on request. If the expenses for        the  same are spent by the 1st party, the same will be adjusted from the remuneration payable to the 2nd party. The driver, if        any, will not be eligible for any bata.

9.    In case the shooting of the film has to be stopped before completion, for any reasons beyond the control of the 1st party, the 2nd party will give mutually agreed suitable future dates to the 1st party, on the very same terms and conditions.

10. The 2nd party will also be responsible for all the losses that may be caused to the 1st party, if the shooting gets delayed or  stopped because of any default or laches on the part of the 2nd party.

11. The 1st party will have the option to drop the 2nd party from the project, at any time without assigning any reason whatsoever. The  2nd party will have the right only to claim the remuneration for the work already done and services already rendered till he/ she is        dropped from the project.

12. Once the 2nd party is so dropped, the 1st party will be free to substitute him with anybody else, over which the 2nd pa rty will have        no claim whatsoever. The 1st party will be free to continue with the project, thereafter as he wants.

13. The 2nd party will not take up any other assignment during the currency of this agreement except with the written permission of the 1st party. 

14. For any reason, the 2nd party refuses to participate or co-operate, the 2nd pa rty will be responsible to compensate the 1st party  for all losses caused thereby.

15. The 2nd party shall also not interfere in the matter of choice of other Artiste to be associated with the movie, and the same will be  the absolute discretion of the 1st party.

16. S Since the movie produced by the 1st party is expected to run in the state for a reasonable period from the date of its release, the  2nd party hereby agrees not to do anything which may affect the running or the collection of the movie for a period of 12 months  such as Star Night, Stage Shows, T.V. Programms etc. in Kerala.

17. In furtherance of the above said purpose, the 2nd pa rty future agrees that he or she will not participate in any such programms outside  Kerala, in India and abroad without intimating Kerala Film Chamber of Commerce and Kerala Film Producers Association through the Artistes Association (amma). In case any such programms happens to be telecast, it will be deemed to be a default and a breach of agreement by the 2nd pa rty and the Kerala Film Chamber of Commerce will take appropriate action for the breach of contract against 2nd party.

18. The 2nd pa rty will not ask for any other benefits or privileges other than those agreed upon, in any form whatsoever.

19. The 2nd pa rty will not be entitled for out side Kerala, overseas or Satellite Right of the said movie and shall not claim the same either directly or indirectly.

20. In case of natural calamities or unforeseen situations beyond the control of 1st pa rty and the proposed schedule dates is postponed, the same is to be adjusted according to the delay caused, due to the above.

21. In case of any dispute between parties the same shall be referred to the Kerala Film Producers Association who will form a Committee consisting of two members from the Artistes Association (amma), two members from macta and the president and two office bearers for the Kerala Film Producers Association to resolve the issue. The matter will be referred   to the Arbitration of the Kerala Film Chamber only if it cannot be sorted out by the above committee.

 
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