Form XVI

(Under Rule-57)

Agreement between Producer and Audio-visual worker

This agreement is made on this day ............ month ................year.......... between

Messers................... having office at ........................ (hereinafter referred to as the ―Producer‖) on

the first part and Shri/Smt/Kum .....................son/daughter/wife of Shri .................. residing at

.................. (hereinafter referred to as the ―audio-visual worker‖) on the second part. The terms

‗Producer‘ and ‗audio-visual worker‘ shall include their heirs, successors, administrators and legal

representatives:

Now, therefore this agreement is made 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 audio-visual and this period shall not exceed consecutive months.

2. That the audio-visual 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 authorised by him in writing.

3. That inconsideration of the audio-visual worker services, as aforesaid, the Producer agrees to

pay and the audiovisual worker agrees to receive a sum of 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 audio-visual production being not complete within the stipulated

period and the Producer still needing the services of the audio-visual worker to complete the

audio-visual production, the producer agrees to pay and the audio-visual worker agrees to

receive additional remuneration on pro-rata basis, payable in the same manner as stated in

Clause 3 above, till the completion of the production.

5. That in case the assignment of the audio-visual worker is completed earlier than the period

stipulated in Clauses 1 and 4 above, the producer shall settle the account of the audio-visual

worker and pay the remaining balance of the agreement amount in full before the

commencement of re-recording work/censor of the production, whichever is earlier.

6. That the audio-visual worker shall, if so required,

(a) attend the studios, location or work-place, as the case may be, earlier than the a

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.

7. That the Producer shall provide transport and food or pay traveling allowances to and fro to

report to duty and food allowance while on duty as are customary or fixed by bilateral

arrangements between the Producer‘s and audio-visual worker‘s representative

organizations.

8. That the Producer shall also pay for all travelling and accommodation expenses, fares, cost

of food and such other allowances as are customary when the audio-visual worker is

required to work on location outdoors.

9. That the Producer shall get the audio-visual 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.

10. That where the Producer is prevented from proceeding with the production of the audio-

visual by reason of fire, riot, natural calamity, 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 on the audio-visual 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 I 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 of

such cessation on the audio-visual worker and make payment of all the amount due to

the audio-visual worker at the time of termination.

11. 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 audio-visual 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 the agreement. Only after such payment to the audio-visual worker, the Producer

shall be titled to employ another audio-visual worker in his/her place.

12. That the Producer shall have the right to terminate this agreement on ground of misconduct

on the part of the audio-visual worker in relation to performance of his/her duties or his/her

unwillingness to perform the service required under the agreement, upon payment to the

audio-visual worker of the amount due at the time of termination, calculated taking into

consideration the audio-visual worker‘s total work in the audio-visual and the work he/she

has completed till the date of termination of this agreement. Termination under this clause

shall not be made unless the charges of the Producer against the audio-visual worker are

proved before a forum comprising equal number of representatives of the Producers‘

Organisation and the audio-visual worker‘s Organisation to which the Producer and the

audio-visual worker respectively may belong. The decision of the forum shall be binding on

both the parties. The producer can engage another audio-visual worker for the job towards

this agreement only after the forum has given a decision in favour of such termination and

the audio-visual worker has been paid all his dues.

13. 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 audio-visual worker in the audio-visual

and at the same time, it shall be option of the audiovisual worker whether or not to allow

his/her name to go on the credit titles of the film.

14. That the Producer shall have the right to decide the manner of representing the audio-visual

worker‘s personality on the screen, his/her clothes, make-up and hair-style and the audio-

visual 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 audio-visual worker and accepted by him/her.

15. That the audio-visual 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 audio-

visual may direct and shall comply with all reasonable instructions that he may give for the

production of the film.

16. 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 audio-visual worker is required

to work on location outdoors.

17. That the Producer shall get the audio-visual 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.

18. That where the Producer is prevented from proceeding with the production of the audio-

visual by reason of fire, riot, natural calamity, 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 on the audiovisual 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 I excluding the period of suspension there from ; or

(b) he shall be entitled to terminate this agreement as form the cessation of production, in

case the production ceases completely. The producer shall serve a notice in writing of

such cessation on the audio-visual worker and make payment of all the amount due to

the audio-visual worker at the time of termination.

19. 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 audio-visual 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 the agreement. Only after such payment to the audio-visual worker, the Producer

shall been titled to employ another audio-visual worker in his/her place.

20. That the Producer shall have the right to terminate this agreement on ground of misconduct

on the part of the audio-visual worker in relation to performance of his/her duties or his/her

unwillingness to perform the service required under the agreement, upon payment to the

audio-visual worker of the amount due at the time of termination, calculated taking into

consideration the audio-visual worker‘s total work in the audio-visual and the work he/she

has completed till the date of termination of this agreement. Termination under this clause

shall not be made unless the charges of the Producer against the audio-visual worker are

provide before a forum comprising equal number of representatives of the Producers‘

Organisation and the audio-visual worker‘s Organisation to which the Producer and the

audio-visual worker respectively may belong. The decision of the forum shall be binding on

both the parties. The producer can engage another audio-visual worker for the job towards

this agreement only after the forum has given a decision in favor of such termination and the

audio-visual worker has been paid all his dues.

21. 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 audio-visual worker in the audio-visual

and at the same time, it shall be option of the audiovisual workers whether or not to allow

his/her name to go on the credit titles of the film.

22. That the Producer shall have the right to decide the manner of representing the audio-visual

worker‘s personality on the screen, his/her clothes, make-up and hair-style and the audio-

visual 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 audio-visual worker and accepted by him/her.

23. That the audio-visual 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 audio-

visual may direct and shall comply with all reasonable instructions that he may give for the

production of the film.

24. That the audio-visual worker shall comply with all the regulations of the studio, location or

work place as the case may be.

25. That the Producer shall not without the consent in writing of the audio-visual worker, assign

or transfer the benefit of this agreement to any other person.

26. That the provisions of the Employees‘ Provident Funds and Miscellaneous Provisions Act,

1952 shall be applicable to this agreement.

27. That the Producer shall not utilise the work of the audio-visual worker in any film, other

than the audio-visual under this agreement, without prior permission of the audio-visual

worker.

The parties have put their hands to this agreement on the date, month and year said above in

the presence of each other and in the presence of the witnesses.

1. Witness Producer

Name Address

2. Witness audio-visual worker

Name Address