AGREEMENT BETWEEN FILM PRODUCER AND CINE WORKER
THIS AGREEMENT is made in this _________ day of ______20____ between Messes _____________ a partnership firm registered under the Partnership Act, 1932 Company incorporated and registered under the Companies Act, 1956, amended in 2012, a proprietorship concern having its registered office at _______________ (hereinafter referred to as ‘the PRODUCER’) of the FIRST PART.
SHRI/SMT/KUM ____________ son/daughter/wife of Shri _______________residing at ________________________ (hereinafter referred to as the ‘Cine Worker’) of the SECOND PART (The terms ‘Producer’ and ‘Cine Worker’ shall include their respective heirs, successors, administrators legal representatives and assigns).
WHEREAS the Producer is engaged in the Production of Cinematograph film, tentatively titled as ............. in ............. language in 35 mm/16 mm/70 mm/gauge/Cinemascope, in colour/black and white:
AND WHEREAS the said Producer is desirous to engage the Cine Worker in the capacity of ............. to word in the aforesaid film and the Cine Worker accepts the said engagement.
NOW, THEREFORE, THIS AGREEMENT WITNESSES as follows:
1. That both the parties agree that the duration of this agreement shall be from the date hereof till the completion of the film and this period shall not exceed consecutive _____________ months.
2. That the Cine-Worker agrees to attend studio, location or work-place as the case may be subject to the requirement of his previous engagement and on his confirmation, to his respective job punctually as and when he shall be required by a written intimation by the Producer or the person duly authorized by him in writing to do so.
3. That in consideration of the Cine-Worker’s services, as aforesaid, the Producer agrees to pay and the Cine Worker agrees to receive a sum of Rs _______ (Rupees____________) of which Rs _______(Rupees_____________) payable as advance on signing of this agreement and the balance of Rs __________ payable in __________equal installments.
4. That in the event of the film is not complete within the stipulated period and the Producer still requiring the services of the Cine Worker to complete the film, the Producer agrees to pay and the Cine Worker agrees to receive additional remuneration on pro-rata basis payable in the same manner as stated in Clauses 3 above, till the completion of the film.
5. That in case the assignment of the Cine-Worker is completed earlier than the period stipulated in Clauses 1 and 4 above the Producer shall settle the account of the Cine Worker and pay the remaining balance of the agreed amount as aforesaid in full before the commencement of the re-recording work/sensor of the film whichever is earlier.
6. It is agreed by the Producer that for the purposes of this agreement:
a. a working day shall mean a period not exceeding eight consecutive hours (to include one hour’s break for rest and refreshments);
b. a working week shall mean a six-day week from Monday to Saturday, both inclusive, and the Cine Worker is not liable to work on Sundays and Public Holidays;
c. the Cine Worker shall not be required to work for more than five consecutive hours without a break; and
d. a period of not less than twelve hours shall elapse between the Cine Worker’s release from the studio/location/work-place and the next succeeding call.
7. That the Cine Worker shall, if so required:
a) _____________ attend the studios, location or work-place as the case may be earlier than the scheduled time of the shift, for preparatory work, and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs _________ per hour or part thereof for such early attendance.
b) ____________continue to work beyond the working day, with one hour break and in that case he/she shall be paid by the Producer extra wages at the rate of Rs _________ for the work during the extended hours and refreshments, and transport facilities.
8. That the Producer shall provide transport and food or pay traveling allowances to and from to report to duty and food allowance while on duty as are customary or fixed by bilateral arrangements between the Producer’s and Cine Worker’s representative organizations.
9. That the Producer shall also pay for all traveling and accommodation expenses, fares, cost of food and such other allowances as are customary when the Cine Worker is required to work on such location outdoors.
10. That the Producer shall get the Cine Worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.
11. That where the Producer is prevented from proceeding with the production of the film by reason of fire, riot, natural calamity, the order of the public authority or any other reason beyond his control:
a) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The Producer shall serve notice in writing of such suspension of the Cine Worker and shall pay all his/her dues up to the date of service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause 1 excluding the period of suspension therefrom; or
b) he shall be entitled to terminate this agreement as from the cessation of production, in case the production, ceases completely. The Producer shall serve a notice in writing if such cessation on the Cine Worker and make payment of all the amount due to the Cine-Worker at the time of termination.
12. That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the Cine-Worker’s duties or of his/her unwillingness to perform the services required under this agreement the Producer shall be entitled to do so only upon payment of the balance of the stipulated amount of this agreement. Only after such payment to the Cine-Worker, the producer shall be entitled to employ another Cine Worker in his/her place.
13. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the Cine-Worker in relation to performance of his/her duties or his/her unwillingness to perform the services required under the agreement, upon payment to the Cine-Worker of the amount due at the time of termination, calculated taking into consideration the Cine-Worker’s total work in the film and the work he/she has completed until the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the Cine-worker are proved before a forum comprising the equal number of representatives of the Producer’s Organisation and the Cine-Worker’s Organisation to which the producer and the Cine-Worker respectively may belong. The decision of the forum shall be binding on both the parties. The Producer can engage another cine-worker for the job towards this agreement only after the forum has given a decision in favor of such termination and the cine-worker has been paid all his/her dues.
14. That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the Cine Worker in the film and at the same time, it shall be option of the Cine-Worker whether or not to allow his/her name to go on the credit titles of the film.
15. That the Producer shall have the right to decide the manner of representing the Cine-Worker’s personality on the screen, his/her clothes, make-up and hair-style and the Cine Worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the Cine-Worker and accepted by him/her.
16. That the Cine-Worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the film may direct and shall comply with all reasonable instructions that he may give for the production of the film.
17. That the Cine-worker shall comply with all regulations of the studio, location or workplace as the case may be.
18. That the Producer shall not without the consent in writing of the Cine-Worker assign or transfer the benefit of this agreement to any other person
19. That the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1932 shall be applicable to this agreement.
20. That the Producer shall not utilize the work of the Cine-Worker in any film, other than the film under this agreement, without prior permission of the Cine-Worker.
IN WITNESS WHEREOF, etc.