TERMS AND CONDITIONS
The provisions hereto are to confirm the details of the engagement, not to secure the engagement and upon acceptance by yourself (“Artist”), it will be deemed as a legally binding contract between Artist Hub and the Artist. The Terms and Conditions provided herein-under shall be in addition to the Terms of Use, Privacy Policy and Disclaimer at Artist Hub Website, Booking Terms and Conditions agreed upon in case of any booking received by the Artist through Artist Hub.
When you register as an Artist, from time to time Artist hub allows creation of the profile and access to Artist Hub Services, as provided on its Website. Artist hub promotes the Artist via their profiles as maintained by them on Artisthub.in to its Client registered with it, and thereby provide work to Artist (model, actor, actress, entertainer) through Artisthub.in, but there is no guarantee whatsoever to get any assignment. If any Client selects any Artist for performance in their respective service categories listed on the Website, Artist hub will contact such Artist thereabout and offer the assignment.
By furnishing the details in the Registration Form, you agree to these terms and remain bound by all of its contents. The artist has agreed to provide the performance, for any Event conducted by the Client on the date(s) specified and at the fee(s) specified and other terms as may be specified in the Booking Form.
1. Definition:
Artist Data shall mean the personal profile(s), skill sets, pictures, audios, videos, contact details, assignments undertaken, fees and rates or other data in any form including information, text, message, graphic, voice, video, etc, relating to the Artist provided during registration at Artist hub.
Event shall mean events like product launch, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. as may be undertaken by the Client;
Performance Fee shall mean the performance fees provided by the Artist for rendering the requisite services in any Event and specified during the registration.
Service means Artist hub as currently provided at the uniform resource locator “www.Artist.in “, an internet-based means of access (including all versions and updates thereto) to the Artist and the Artist Data and such other functionality and material as may be offered to Client from time to time at Artist hub sole discretion.
Artist hub shall mean Ocean Entertainment a firm at is – Baranwal Complex, Kulharia Colony, Ashok Rajpath, Near B.N College, Patna – 800004. engaged in providing the Services through its online platform viz. www.artisthub.in that facilitates the event planners choose and connect with the performers, actors, models and other entertainers empaneled with Artist hub, who they deem suitable for any particular event
Technical Riders shall mean the ‘Artists’ requirements for food, accommodation, dressing rooms, technical specifications, equipment(s) setup, stand-in persons and other necessary requirements to be provided in the Booking Form to be furnished by the Artist for its acceptance of any Event
2. Confirming the Booking
The Artist shall execute the Booking Form in the prescribed Performa as given on the dashboard to confirm its booking and pursuant to which the Artist shall be bound to perform at the Event on the date specified and at the Performance Fee specified in the Booking Form (available on the dashboard).
3. Artist hub Fee
Artist agrees that Artist hub shall be entitled to 10% – 15% of the Performance Fee being paid to the Artist for any Event booked through Artist hub, as its service charge. Artist hub is entitled to deduct this service charge from any amount paid in advance by Client/event organizers to the Artist. Artist agrees that it is solely liable for the amount payable to Artist hub as service charge and that the service charge shall be deducted from any amount payable to the Artist.
4. Payment of Performance Fees
Subject to the terms of the Booking Form, the agreed Performance Fee shall become due and payable to the Artist within 5 business days after the same been received from the Client or the date of the Event, whichever is later.
The Performance Fee shall, subject to the deduction of Artist hub fees and applicable taxes be paid by direct deposit into the Artist bank account specified in the Booking Form or account in the name of the Artist.
5. Extended Performance Fees
If the Artist is required to perform at the Event for longer than the time of performance indicated in his/her quote during his/her shortlisting, the Artist agrees and acknowledges that such extended performance shall be his/her sole discretion and any additional surcharge towards the extended performance shall be as per agreement with the Client and will be paid to the Artist upon receipt from the Client.
6. Technical Riders
The Artist acknowledges that the provision of the Technical Riders shall be the sole responsibility of the Client at their own expense and Artist hub has no responsibility in this regard except that it has conveyed the same to the Client.
7. Expenses
The Performance Fee by the Artist will be inclusive of all expenses required by the Artist to perform at the Event, unless otherwise agreed. The Artist agrees to include any such expenses (like travel expenses, taxis, food, rehearsal time, hotels, flights, parking etc) within the Technical Riders and shall remain subject to approval by the Client. The said expenses as approved by the Client shall be reimbursed subject to receipt of necessary supporting vouchers from the Artist if incurred by him/her, within 5 days from the receipt of same from the Client.
8. Complaints
Artist hub cannot be held responsible for the actions or failures of either the Client or Artist. Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist must be settled between the ‘Client’ and the ‘Artist’ directly.
9. Cancellations
9.1 Cancellation by the Client:
In case of cancellation of the Event by the Client pursuant to this Booking Form, Artist hub shall inform the Artist of the cancellation immediately. In such event, the Cancellation Fees, if any, provided in the Booking Form shall be paid to the Artist within 7 days of receipt from the Client.
9.2 Cancellation by the Artist:
Cancellation by the ‘Artist’ is not allowed for any reason except circumstances covered by ‘force majeure’ as provided in Clause 17 hereto.
In the unlikely event that the ‘Artist’ cancels the booking, the Artist shall be liable to refund any and all fees / advance received for the Event and indemnify for any and loss incurred by Artist hub including but not limited to the increased performance fees charged by the replacement artist, if any arranged by Artist hub for the Event. The Artist understands and acknowledges that this liability to indemnify Artist hub is in addition to any damages pursued by the Client against the Artist for the cancellation.
10. Representations and Warranties
Artist represents and warrants that he/she:
a) shall make him/herself available for any events booked through Artist hub for the duration agreed with the Client and shall provide the services as agreed with the Client diligently.
b) shall not infringe or misuse the intellectual property rights of third party.
c) shall abide with all the rules and regulations related to the venue of his performance.
d) shall not insult, hurt the sentiments of any party or use abusive language venue of his performance.
e) acknowledges that Artist hub is not responsible for any misbehavior on the part of the Client and the Artist is solely responsible for his or her own safety. Artist participation in any public or private event is at his/ her sole and exclusive risk and that the Artist is personally responsible for all costs and risks associated with any public or private event or activity.
f) acknowledges and agrees that Artist hub is not liable to any lawsuits, refund of money to the Artist in case the Client finds his/ her Behavior and quality of performance substandard or below par or if he /she is not present for the Event as per these Terms and Conditions.
11. Artist Guarantee
The ‘Artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘Artists’, as known to Artist hub and as advertised to the ‘Client’ via distribution of the promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the Client’s expectations within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The ‘Artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘Artists’, as known to Artist hub and as advertised to the ‘Client’ via distribution of the promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the Client’s expectations within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The ‘Artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the ‘Artists’, as known to Artist hub and as advertised to the ‘Client’ via distribution of the promotional materials, profiles, pictures, videos, web page etc. The artist will make every effort to ensure their performance is outstanding, adhere to the Client’s expectations within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
The ‘Artist’ agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the ‘Client’ or a third party. It is the ‘Artists’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The ‘Artist’ will refrain from excessive drinking before, during and after the performance at all times when the ‘Client’ or their guests are present. The ‘Artist’ will not under any circumstances partake of any illegal drug use on the day of the event, or while at the event ‘venue’, or while in the presence of the Client, their guests, venue staff or other associated suppliers or artists.
The ‘Artist’ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The ‘Artist’ will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon them, Artist hub or the ‘Client’. The adjustment of the volume and sound level of any equipment shall be as the ‘Client’ reasonably requires.
The ‘Artist’ at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The ‘Artist’ shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act. The ‘Artist’ is not employed by Artist hub and they are responsible for their own accounting and payment of income tax, gst etc.
12. Special Condition on the Artist
It is understood by the Artist that the Client(s) in terms of their engagement with Artist hub are prohibited to make any direct deal with the Artist Hub’s Artist(s) without the prior permission of Artist hub. The Artist undertakes to not approach, engage, solicit, make or accept any offers and/or otherwise deal with the Client(s), directly or indirectly, without Artist hub’s involvement for any event undertaken by the Client.
The ‘Artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of Artist hub, to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artist’ must inform the person/s concerned to contact Artist hub.
In the event of any such engagement between the Artist and the Client to be found in later stage, the Artist shall be liable to pay Artist hub a penalty of INR 50,000 which the Artist acknowledges as reasonable and justified compensation to Artist hub for breach of contract. This clause shall survive the Event with respect to the Client, organiser of the Event.
13. Merchandising
Artist shall not sell any goods, products, merchandise or services (other than the services provided herein) on the property of Artist hub / Client except by express written permission of the Artist hub.
14. Recording, Reproduction or Transmission of Performance
Artist hub has the right to record and upload the photos, videos, testimonials, interviews (hereinafter referred to as “Content”) of the performance of the Artist on the Website to showcase and promote Artist’s work in order to generate more bookings for the Artist. The copyrights of such work shall be jointly owned by the Artist and Artist hub.
15 Promotion
Artist hub/ Client shall be entitled to advertise and promote the appearance of Artist at the Event. Artist acknowledges that Artist hub/ Client will rely on the terms hereof in all such promotions and advertising. Artist hereby acknowledges and agree that Artist hub/ Client may use their name(s), photographs, likeness, facsimile in promotional materials and advertising designed to increase the attendance at Event.
16. Indemnification
Artist agrees to indemnify, defend and hold harmless Artist hub from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Artist hub that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms and Conditions. This Clause shall survive with respect to the Client(s) with whom the Artist has undertaken Event(s) through Artist hub.
17. Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the ‘Artist’ or ‘Client’, then the ‘Artist’ may cancel this booking without penalty other than loss of Performance Fee.
18. Independent Contractor
Artist acknowledges that they shall perform their obligations hereunder as an independent contractor and not as an employee of Artist hub. Artist shall have sole control and direction in the conduct of the performance at the Event.
19. General Matters
19.1 The Artist shall not without prior consent of the Artist hub disclose or publish in any media or use contrary to these terms and conditions, the IPRs or confidential information of the Artist hub or any derivative works there from.
19.2 The Artist shall maintain utmost confidentiality with regard to any information, materials, plans, discussions, strategies, agreements or any outcomes or products as a result of or related to the collaboration. Any information, materials etc which are already in public domain or which are not proprietary to any Party shall not form part of the confidentiality obligations.
19.3 The Artist shall return, upon the completion of the Event, the Technical Riders to the satisfaction of the Client
19.4 These Terms and Conditions shall be construed according to and subject to the laws of India and Courts in the city of Patna shall have exclusive jurisdiction to try any matter relating to or arising out of this Agreement.
20 . Launching Membership Charge – ₹3,000 / year
