Form XXVI

(See Rule-62(1))

Agreement between Producer and Audio-visual worker

This agreement is made on this day ............ month ................year .............. between M/s.......................

having office at .................................. (hereinafter referred to as the -Producer) on the first part and

Shri/Smt/Kum. ..................... son/daughter/wife of Shri. ......................residing at (here in after 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 there from ; 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. 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.

16. 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.

17. 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 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

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

as the case may be.

24. 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.

25. That the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 shall be

applicable to this agreement.

26. 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