Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding contract carrying the following non-negotiable terms of booking.
The provision of this Booking Form and the details provided thereunder is therefore to confirm the details of the engagement, not to secure the engagement and upon execution by the Artist; it will be deemed as a legally binding contract between StarClinch and the Artist for the Event. The non-return or non-completion of the Booking Form does not, therefore, terminate the Original Agreement. The Terms and Conditions provided herein under are in addition to the Terms and Condition provided in the Original Agreement.
By furnishing the details in the Booking Form for any Event, the Artist agrees to these terms and remains bound by all of its contents. The artist has agreed to provide the performance, for the Event conducted by the Client on the date(s) specified and at the fee(s) specified in the Booking Form.
Artist shall mean the performer(s) empanelled with StarClinch who has been selected by the Client to perform at the Event and whose details are provided in the attached Booking Form;
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 which is available at StarClinch
Booking Form shall mean the Booking Form duly completed by the Artist for the Event
Event shall mean events like product launch, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. outlined in the Booking Form as undertaken by the Client;
Original Agreement shall mean the terms and conditions accepted by the Artist at the time of registration with StarClinch
Performance Fee shall mean the performance fees accepted by the Artist for rendering the requisite services in any Event and specified in the Booking Form.
Service means StarClinch® as currently provided at the uniform resource locator “www.StarClinch.com”, 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 StarClinch sole discretion.
StarClinch shall mean VINSM Globe Pvt Ltd. a company incorporated under the Companies Act 1956 having its registered office at Percept House, 1, Sant Nagar, East of Kailash, New Delhi – 110065, engaged in providing the Services through its online platform viz. www.StarClinch.com that facilitates the event planners choose and connect with the performers, actors, models and other entertainers empanelled with StarClinch, 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 as provided in Exhibit 1 to the Booking Form required by the Artist to perform at the Event
2. Confirming the Booking
Pursuant to the completion of the Booking Form by the Artist, the booking of the Artist shall be deemed confirmed and the Artist shall be bound to perform at the Event on the date specified and at the Performance Fee specified in the Booking Form
3. StarClinch’s Fee
Artist agrees that StarClinch shall be entitled to 15% of the Performance Fee being paid to the Artist for any Event booked through StarClinch, as its service charge. StarClinch is entitled to deduct this service charge from any amount paid in advance by Client/event organisers to the Artist. Artist agrees that it is solely liable for the amount payable to StarClinch as service charge and that the service charge shall be deducted from any amount payable to the Talent.
4. Payment of Performance Fees
Subject to the terms of the Original Agreement, 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 StarClinch fees and applicable taxes, be paid by direct deposit into the Artist bank account specified in the Booking Form or account payee cheque 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 StarClinch has no responsibility in this regard except that it has conveyed the same to the Client.
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.
StarClinch 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.
9.1 Cancellation by the Client:
In case of cancellation of the Event by the Client pursuant to this Booking Form, StarClinch 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 StarClinch including but not limited to the increased performance fees charged by the replacement artist, if any arranged by StarClinch for the Event. The Artist understands and acknowledges that this liability to indemnify StarClinch 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 himself available for any events booked through StarClinch 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 StarClinch is not responsible for any misbehaviour 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 StarClinch is not liable to any lawsuits, refund of money to the Artist in case the Client finds his/ her behaviour 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 StarClinch and as advertised to the ‘Client’ via distribution of the ‘Artists’ demo CD’s, 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, StarClinch 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 StarClinch 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 StarClinch are prohibited to make any direct deal with the StarClinch’s Artist(s) without the prior permission of StarClinch. 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 StarClinch’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 StarClinch, to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artist’ must inform the person/s concerned to contact StarClinch.
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 StarClinch a penalty of INR 750,000 which the Artist acknowledges as reasonable and justified compensation to StarClinch for breach of contract. This clause shall survive the Event.
Artist shall not sell any goods, products, merchandise or services (other than the services provided herein on the property of StarClinch / Client) except by express written permission of the StarClinch.
14. Recording, Reproduction or Transmission of Performance
StarClinch 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 StarClinch.
StarClinch / Client shall be entitled to advertise and promote the appearance of Artist at the Event. Artist acknowledges that StarClinch / Client will rely on the terms hereof in all such promotions and advertising. Artist hereby acknowledges and agrees that StarClinch / Client may use their name(s), photographs, likeness, facsimile in promotional materials and advertising designed to increase the attendance at Event.
Artist agrees to indemnify, defend and hold harmless StarClinch 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 StarClinch 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 the Event.
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 StarClinch. 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 StarClinch disclose or publish in any media or use contrary to these terms and conditions, the IPRs or confidential information of the StarClinch 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 Booking Terms and Conditions shall be construed according to and subject to the laws of India and Courts in the city of New Delhi shall have exclusive jurisdiction to try any matter relating to or arising out of this Agreement.