GENERAL TERMS
That the service provider shall not be liable for the quality of streaming,
for it depends on the software used by the artist and quality of internet
enjoyed by the viewer.
That the service provider shall not be liable to rearrange the show due to
technical fault on part of the artist or the viewer.
That incase of offline show- the venue, refreshments, house rule policy
inter alia other liabilities and obligations shall be of the artist, and the
service provider shall not of liable in any form or manner. However,
incase, the service provider arranges the venue expressly for the artist,
the artist shall be liable to pay additional charges for venue and security
thereof.
That in case the service provider is required is arrange venue for any
offline show on behalf of the artist, the artist shall require the service
provider to arrange the same in writing with a minimum of thirty working
days’ time, and upon confirming the deal shall execute a supplementary
agreement in tune of the same inasmuch the offline show extends.
That by entering this agreement the artist shall perform at least five
shows per month, and the service provider reserves it right to revise the
minimum show policy at its discretion. However, in all cases, if and
when the service provider alters, modifies, or otherwise changes the
minimum show policy the artist shall be notified by the service provider
with a month’s written notice in prior before effectuating the revised
policy.
It is hereby understood by the covenant of this agreement that the artist
must perform himself/herself or along with his/her team or other
members every show under this agreement and shall in no manner or form
employ any other person to perform it on his/her behalf.
That to avoid any confusion it is further made clear for each shows under
this agreement to be of specified time and such time shall be deemed to
be the essence of this agreement. However, this clause shall not inhibit
from shifting and/or altering time and/or schedule of the show on mutual
consent.
It is hereby expressly provided that it shall be incumbent upon the artist
to share contents created by other artists under the subscription of the
service provider over his/her respective social media pages/ profiles/
groups/ platform as maybe. The service provider shall intermittently
and/or periodically supervise the social media platforms of the artist and
if it is found that an artist is not sharing the contents of his/her or other
artists of the service provider, the service provider shall have the right to
block the artist’s profile unless the situation is remedied by the artist.
Nothing herein contained shall merely by itself be a term for
determination of this agreement from any end.
The artist furthermore understands and consents that if he is reported by
the viewers to be culpable of offence and/or obscene conduct or other
misconduct, or that any legal proceeding has been initiated against the
artist involving such misconduct or otherwise the service provider to its
discretion saves sole right to block temporarily or permanently the
profile of the artist with the service provider and in appropriate cases
may terminate this agreement with the artist by giving a seven days’
notice in writing upon the artist. That in all cases whereof the artist’s
conduct has invited disrepute to the service provider’s reputation and/or
goodwill, the artist shall be liable to make good the losses, damages,
injuries endured by the service provider.
The artist must make sure to maintain a minimum of fifty percent viewer
rating to continue to do shows for such period fixed by the service
provider, else which the artist’s eligibility to perform shall stand
determined. That in cases where the artist fails to glean a minimum of
fifty percent viewer’s rating the service provider shall offer grooming
platform to such artists subject to additional charges/fees.
That unless otherwise is the case, if the artist out of own volition and
will elects to cancel and/or postpone the show or otherwise which may
incur claims of whatsoever from the viewers’ end the artist understands
that he shall be sole liable to cause or initiate refund to the viewers or
make good to them as the case may be as per his/her refund/compensation
policy and the service provider shall in no manner or way whatsoever be
associated with such claim. Nothing herein contained shall affect the
payment policy between the artist and the service provider and the
payments will be made in accordance to terms contained in these
presents.
A viewer shall not be entitled to any refund or compensation whatsoever
if he/she cancels the show at his/her will and discretion.
It shall be further duty of the artist to mandatorily request the viewers to
subscribe to the streaming media platform channels inter alia social media pages and other platforms of the service provider if they had not
already subscribed to it.
The viewer will be automatically be blocked without notice or otherwise
precluded from show etc., if the viewer is reported by other viewers or
artists where if found culpable of misconduct of gross nature. In such
case, such viewer shall have no right or claim against the service
provider or its subscribed artists whatsoever.
That if viewer’s rating fall below fifty percent then he/she s hall miss out
of special offers, facilities catered or to be catered by the service
provider.
Payment structure between artist and the service provider is mutually
agreed as follows- 16.1 The artist shall get eighty five percent of the net income
generated from the show.
16.2 That ten percent of the net income generated from the show shall
be forfeited towards original content creation for service provider
which shall be available on digital and/or platforms like
YouTube, Spotify, etc.
16.3 The service provider shall be entitled to five percent of the net
income as and for handling charges.
16.4 That with regards to original content whosoever invests in the
production of the original content shall be entitled to seventy
percent of the net income, and the other part shall have the rest
thirty percent. However, if the investor in the production of the
original content is the service provider, the service provider shall
forfeit seventy percent of the net income towards the artist
computed on after the break.
16.5 The service provider reserves sole right to revise the payment
policy time to time and if any material changes are introduced in
the payment policy the artist shall be intimated with a fifteen
days’ notice in writing prior to effectuating such amended policy.
In all cases, the payments accrued under this agreement shall be
cleared to the artists with thirty working days from the day of
generation of income.
That to obviate any confusion it is hereby stated that net income
shall include transaction charges, taxes, and other charges, if any.
Dispute resolution- In the event of either party failing to act in
accordance with the provisions of the agreement, the aggrieved party
shall at the first instance try to settle the disputed points mutually and
amicably, failing such attempt the point in dispute shall be referred to
arbitration and to the decision of the sole arbitrator in accordance with
the provisions of the Arbitration and Conciliation Act 1996.
Intellectual property rights- That neither party hereto this agreement
shall have any right to use the trade name, trademark, service mark, or
any other intellectual property of the other party in any manner
whatsoever without availing prior written consent.
Confidentiality- That neither party shall disclose any classified
information of either of the parties hereto which shall be detrimental to
the party in corporate or singular capacity and in breach of which the
aggrieved party shall have rights to damages and compensation. It is
further made expressed that this clause shall continue to bind the parties
even after termination of this agreement.
Terms of termination of this agreement between artists and the service
provider-
20.1 This agreement shall remain in force from the date of its
execution till its termination as provided hereunder this clause.
20.2 This agreement may be terminated by either of the party through a
written notice to the other party in case where the party is
culpable for breaching the covenants of this agreement or wilfully
neglecting to remedy the grievance of the aggrieved party within
thirty days from the date of knowledge of such dispute; or if the
other party suffers legal disability or becomes insolvent and is declared bankrupt by the proper authority of law or is convicted
in a criminal proceeding.
The service provider in all cases shall have the sole right to
determine the agreement by serving a thirty days’ written notice
to the supplier; and upon the expiration of thirty days from the
date of the service of notice of termination by the service
provider to the supplier, the agreement shall by the virtue of the
written notice stand determined.
20.4 That upon the termination of this agreement, if any provision
thereto prescribes continuation of performance or observance
beyond the determination of the agreement, then such position
shall continue in full force and effect till the performance has
been completed. In all cases, clauses such as keeping
confidentiality clause, dispute resolution clause shall continue to
bind the parties hereto perpetually even after the termination of
this agreement.
20.5 Nothing contained herein above in this clause shall abridge or
otherwise affect the right of the service provider to any remedy
that may exist on the ground for terminating this agreement due to
any faults of the artist. 20.6 In events where this agreement is terminated in its entirety or
having regard to any content hereunder, it shall be incumbent on
the artist at the behest of the service provider to complete the
pending shows placed or arranged by the service provider before
the determination of this agreement in lieu of regular payment by
the service provider.
Force majeure- In no event shall the parties be liable for any failure or
delay in the performance of its obligations hereunder arising out of or
caused by, directly or indirectly, forces beyond its control, even so after
exhausting measures necessary and reasonable to circumvent, stave, or
avoid such forces, which includes acts of war or terrorism, civil or
military disturbance, natural or artificial catastrophes, or vis major, other
supervening impossibilities, governmental action, communication or
technological disruption, power outage and other mechanical failure,
inter alia other causes of like and/or reasonable nature.
Nature of agreement- This agreement between the artist and the service
provider is purely in individual capacity whereof no party hereto is
working under or on behalf of the other in any capacity, ergo, this
agreement does not constitute partnership, agency, joint venture, or joint
liability in any form or manner. The parties hereto are singly liable to
each other and towards other liabilities and obligations as set forth in
this agreement
Assignments- That under no circumstances the artist shall transfer or
otherwise assign this his/her rights, liabilities, duties, obligations,
interest or under this agreement to any third person without receiving
prior written consent from the service provider.
. Amendment- That parties hereto shall not amend, modify, alter, this
agreement subject in any form or manner unilaterally, in derogation of
which such changes shall not bind either of the parties nor shall endow
any rights upon them save and except such amendments are introduced on
mutual consent in writing and duly executed by the parties hereto.
Disclosure- That subject to the confidentiality clause, the service
provider shall have rights to use the profile of the artist which includes
but not limited to photographs, banners, posts, or otherwise on digital
and/or online platforms and social media platforms for the purpose of
marketing and promotion.
Severability- That if in course of time any part of this agreement is
declared as void, or inoperative, or invalid, or unenforceable, or
unlawful, or illegal by a competent authority then in such case if this
agreement stays true to its essence upon severance of such void portion
then, the remaining part of this agreement shall remain in full force and
effect.
That saving clauses 1, 2, 12, 14, 15, 21 and 26 nothing herein contained
shall bind the viewer, however, the terms laid herein shall be deemed and
construed to be in notice of the viewer being party to this agreement
The part hereof is exclusive between the curator and the service provider
whereof both parts mutually covenants the following-
28.1 That nothing contained hereinabove save and except clauses 17 to
21 and 23 to 26 (wherein term ‘artist’ shall be read as ‘curator’
for the purpose of construction) unless otherwise mentioned
expressly or through necessary implication herein shall extend or
bind or otherwise affect the specific parties hereto. However, the
terms laid (supra) shall be deemed and construed to be in notice
of the curator being party to this agreement.
28.2 That curator shall have the right to discover artists and groom
them whereof such artist may also be allowed to use the brand
name of the curator for the show in lieu of charges/ fees for
mentorship and/or brand usage charges or as may be. The service
provider is not a party to such relationship between the curator
and the artist, consequently shall not share any right or liability
whatsoever as may arise from the exchanges between the curator
and the artist.
28.3 That in case any artist subscribed with the service provider
approaches the curator for mentorship and/or brand usage terms
laid in clause 28.3 shall apply mutatis mutandis.
28.4 That in all cases where the curator allows mentorship and/or
brand usage to the artist shall agreement must be in writing and in
prescribed form as service provider shall provide. That all such
agreements between the curator and the artist shall be forwarded
to the service provider together with respective KYC documents
and shall not be effective or be biding upon the service provider
unless such terms are given assent to by the service provider in
writing.
Entire Agreement shall mean and include all its annexes and appendages
attached hereto and shall bind parties involved in the subject matter into
agreement unless repugnant to the context, and shall preponderate over
any oral statements, representations, undertakings, warranties, or
agreements between the parties except as mentioned herein. With the
exception to the statements expressed otherwise in the Agreement, any
conflict between the terms of the annexes or appendages hereat to those
delineated in this Agreement, the terms under this Agreement shall
prevail and the terms in the annexes or appendages shall stand eclipsed
inasmuch the derogation exists.