**Kalakaarpanti Studios Private Limited** 

Registered Office Address: 

1. 44/2, 14TH B CROSS, SARAKKI, JP NAGAR, 1ST PHASE, J P Nagar, Bangalore South, Bangalore, Karnataka – 560078, India

These terms and conditions are issued by Kalakaarpanti Studios Private Limited (hereafter referred to as “the Company”) under its brand ApnaArtist, for the benefit of all parties involved in the booking and provision of entertainment services. By joining the ApnaArtist platform, all Artists agree to the following terms and conditions:

## 1. Confirmation and Acceptance

1.1. Upon confirmation of a booking through our application, the Artist agrees to all our terms and conditions and Privacy Policy. 

1.2. A booking is not considered confirmed until the Artist has accepted it.

## 2. Contractual Relationships

2.1. The contract is negotiated by the Company and is made between: 

1. a) The Client or user and the Company;
2. b) The Company and the Artist.

2.2. Under no circumstances will the Artist disclose any information regarding contract clauses to the Client or any third party. 

2.3. The Company will store the contract for safekeeping and will continue to act as the intermediary and negotiator between both parties up to and including the Event Date, and for a further period of twenty-four months. 

2.4. The agreed total cost may be subject to change if any details of the contract are altered by agreement with both the Client and the Company. The Artist will be informed within 24 hours of any such changes. All changes to the Contract must be arranged and agreed upon by the Company in advance of the Event Date.

## 3. Payment of Fees

3.1. All fees payable for the Event will be invoiced to the Company. 

3.2. Under no circumstances will the Artist disclose any information regarding rates/fees for their performance. 

3.3. The Client is obliged by a confidentiality agreement in respect to fees and rates and is prohibited from inquiring about such aspects. 

3.4. Both the Artist and Client undertake not to disclose any details regarding remuneration to each other or any third party.

3.5. The Company will charge a 30% fee on the total invoice for every booking.

## 4. Cancellations

### Cancellations by the Company

4.1. The Company shall have the right to cancel the contract for individual performances without penalty in the case of: 

1. a) A Force Majeure Event, provided that the Client informs the Company as soon as reasonably practicable on becoming aware of the event.
2. b) High/low water situations, if applicable, provided that the Client informs the Company as soon as reasonably practicable.
3. c) Any other situations that are independent of the Company’s will but within the culpability of the Client.

4.2. The Company will notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client. 

4.3. Neither party shall be responsible for any provision in this contract when prevented from complying with a contractual provision due to any Act of God or any other legitimate condition beyond the control of the appropriate party. 

4.4. The Client shall provide necessary security for the Event venue, and the Artist shall comply with all designated security measures at least 6 hours prior to the Event. Required documents must align with all local laws, ordinances, and regulations. 

4.5. If the Client does not cancel a booking in accordance with the aforementioned clauses or for any reason other than a Force Majeure Event or Act of God, the Client shall be liable to pay a cancellation fee.

#### Cancellation Period and Fees

– More than 30 days before the event: Nil

– More than 15 days before the event: 30%

– More than 7 days before the event: 50%

– Up to 24 hours before the event: 100% of the fee

4.6. All cancellation fees shall be paid by the Client within 7 days of the Event Date if any payment is pending or due.

### Cancellation by the Artist

4.7. The Artist shall have the right to terminate this Contract only in the occurrence of a Force Majeure Event or Act of God situations. 

4.8. The Artist shall inform the Company as soon as reasonably practicable on becoming aware of these situations. 

4.9. The Company shall notify the Client of the cancellation as soon as reasonably practicable and make all reasonable attempts to find a suitable replacement artist of similar standard, style, and cost. 

4.10. Should the Artist terminate a Contract for any reason other than those specified in clause 4.8, the Artist will be liable to: 

  – Pay within 5 working days to the Company an administration fee equal to the Performance Fee. 

  – Pay the difference between the original Total Performance Fee under the invoice and the new fees charged by any replacement artist arranged for the Client by the Company, up to a maximum higher price difference of 80% of the Total Cost. 

4.11. Should a replacement artist charge a lower fee, the Client will be charged that lower fee. The Company will use reasonable steps to contact the Client and Artist to agree on this in advance. 

4.12. The Client has the right to reject any last-minute replacement artists, provided that the replacement artist is not required to perform. If the Client requires the replacement artist to perform, then their full fee will be due.

## 5. Complaints

5.1. If through their own fault the Artist is unable to fulfill part of the event schedule or breaks the terms of these terms and conditions, and the Client wants to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Company no more than 48 hours after the Event Date. Full payment must still be made to the Company as agreed in the contract. The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost. Failure to pay the Company within the terms of this Contract will incur charges outlined in clause 3.1.

5.2. While the Company cannot be held responsible for the actions or failures of either the Client or Artist, the Company will use reasonable steps to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, the Company will contact the Artist to discuss the complaint and request a written statement detailing their version of events. The Company will act as a mediator between the Client and Artist to come to an amicable agreement over any refund or expense which may be due.

5.3. Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed upon by both the Client and the Artist, but not confirmed by the Company in writing, shall be dealt with between the Client and the Artist directly. The Company shall not mediate over these changes.

## 6. Changes on the Event Date

6.1. Where possible, changes to the contract schedule, which are unavoidable on the Event Date, should first be discussed and agreed upon with the Company. Should this not be possible, changes are to be agreed upon between the Client and the Artist prior to the performance.

6.2. If changes negotiated between the Client and the Artist on the Event Date incur additional costs to the Client, the Company must be informed by the Artist and the Client at the same time via email or telephone. The Client should make payment to the Company of any additional fees payable within the time period stipulated in the Contract.

6.3. Any other changes will be subject to these terms and conditions.

## 7. Delayed Event Schedules and Late Finish Fees

7.1. If due to the late running of or alterations to the Event schedule, which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artist’s fee.

7.2. If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree on an additional charge, then 10% of the fee per ½ hour overrun will be payable by the Client to the Company within the terms of the contract payment period. The Company should be advised within 7 days by the Client and Artist of the agreed late finish. The Artist will be reimbursed late payment fees with the contracted fee within the period specified in the contract.

7.3. The Artist has the right to refuse to finish later than the contracted finish time, without penalty.

## 8. Re-engagement of the Artist

8.1. The Client agrees to negotiate all future bookings of the Artist with the Company and not with the Artist directly, for the period covering the issue date of this Contract until 24 months after the Event Date on this contract.

8.2. 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 the Company to the Client, their guests, staff, venue, or contractors.

8.3. If the Artist is approached by the Client, an employee of the Client, the Venue, an employee of the Venue, and/or an agent, then the Artist shall notify the Company immediately and account to the Company an amount equivalent to the Deposit that would have been payable had the booking been made with the Company.

8.4. For the time that the present contract is in effect and for the period covering the issue date of this Contract until 24 months after the Event Date, the artist agrees not to enter into or start a similar profession or trade in competition against the Company.

## 9. Artist Equipment and Other Requirements

9.1. It is agreed by the Client and

 Artist that the equipment and instruments of the Artist are not available for use by other performers or persons without the written consent of the Artist.

9.2. The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.

9.3. It is the Artist’s responsibility to ensure that they bring a reasonably sufficient amount of equipment to cater to their own sound needs, and they cannot guarantee the quality of their performance if the volume is reduced below the level of any unamplified drum kit and/or backline instruments.

9.4. The Artist cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.

9.5. A sound check conducted by the Artist of the Event’s sound system is required at a time mutually agreed upon between the Artist and the Client.

9.6. The Client will secure sufficient parking for the Artist’s transport within a reasonably convenient distance to the Venue for a minimum period of 1 hour before and 1 hour after the Event.

9.7. The Client will ensure that all applicable laws and regulations concerning the Artist’s equipment, such as Portable Appliance Testing (PAT), are met prior to the Event.

9.8. The Client agrees that when placing a booking, they have all the necessary music licenses, such as PPL and NOVEX.

## 10. Security, Health, and Safety

10.1. The Client warrants that the Venue will be of sufficient size to safely conduct the show, is of stable construction and sufficiently protected from the weather, and that adequate security and/or emergency medical responders will be available if necessary.

10.2. The Client has sufficient Personal Injury and Liability insurance to cover the Artist for any claims or damages that may arise during the Event.

By agreeing to these terms and conditions, both the Client and the Artist acknowledge their understanding and acceptance of the terms outlined above.