Memorandum of Understanding

This Memorandum of Understanding (MoU) is made and entered as

of 12th October 2015, the
(Effective Date), at New Delhi by and between;
Clients name , ADDRESS
&
Astitva the band whos Proprietor is Ayush Gupta S/o ______ Age: 26
years, R/o: 143, Kohat
Enclave, Pitam pura, new Delhi-110034;
RECITALS
A. Astitva the Band, is a proprietorship concern and is engaged in live
music performance
services, music arrangement, music direction, music composition and
production of music
Referred as the Performing Band.
B. CLIENT is referred as the organizer of there Annual
College Festival on DATE OF SHOW
NOW, THEREFORE, the Parties agree as follows:
1. TERM AND TERMINATION
2.1 That this MoU will be valid for a period 5 days commencing from
12th of OCTOBER
2015 to 22NDOCTOBER 2015.
2.2 Travel Details: -
That CLIENT will provide the band with 3 innovas
to travel from Delhi to the desired college
(Cabs should be paid in advanced by the organizers and should be
instructed to follow band instructions)
2.3 Technical requirements :-
A. CLIENT has to Provide the band with the entire
Technical requirements mailed by the band to the Organizer
B. Band has a right to not to play the show if the technical
requirements are
not followed as per the band technical rider attached in the mail.
2.4 Food and beverages: -
That CLIENT will provide the bands with all the
things mentioned in the sub points below-
A. Organizer has to take care of the bands entire F&B( drinks non
alcoholic)
B. veg and non veg snacks to be arranges in college during sound
check and
before starting the show
C. 12 red bulls on stage during performance
D. 20 water bottles during performance
E. Band requires a 12x12 ft green room at the back side of the stage
with 10
chairs and 2 big size mirrors
2.5 Payment policies: -
A. That CLIENT will provide the Band with 50%
payment in advance ie Rs AMOUNT and rest 50% ie Rs AMOUNT-
at
reaching the venue before the sound check
B. If there is any flaw from the Organizer side like:-
Not taken proper permissions to organize the show
Miss management by the organizers
Or any kind of problem which is been created by the organizer
And the show gets cancelled the band has a complete right to not to
return the
amount received from the Organizer.
C. If the show get cancelled due to any Natural Calamities like Earth
Quake,
Thunder Strome, Rain etc.. band will give organizer another date to
organize the
event in next 15 days depending on the availabilty of date with the
band.
D. Band has a complete right to not play the show and confiscate the
money received
if the Organizer fails to provide the band with the things asked for
like:-
Technical Rider is not complete as per band Technical rider
Not making the payment on time
No proper arrangements of security for the band
Not providing proper hospitality including Food & beverages
required by
the band
 Not Providing Transportation asked by the band
2. GOVERNING LAW AND RESOLUTION OF DISPUTES
3.1 This MoU shall be governed by and construed in accordance with
the laws of India.
All disputes, suits, claims and actions arising out of this MoU or its
validity shall be
finally decided by the provisions of the Indian Arbitration and
Conciliation Act,
1996. The Venue of Arbitration proceedings shall be at New Delhi.
2.2 To settle any dispute under this MoU, the same shall be referred
to a sole arbitrator
to be appointed by the Band at the time of dispute. The cost of
appointment of the
sole arbitrator shall be borne by the Organizer at whose instance the
Arbitration
proceedings are initiated. The language of the Arbitration
proceedings shall be
English. The award passed by the Arbitral Tribunal shall be final and
binding on
Both the Parties. The cost of arbitration proceedings shall be decided
at the time of
final award of the Tribunal and shall be borne by the Organizer.
3. SEVERABILITY
If any part, term or provision of this MoU not being of a fundamental
nature be held illegal
or unenforceable, the validity or enforceability of the remainder of this
MoU shall not be
affected.
4. JURISDICTION
This MoU and all questions arising out of its interpretation as well as
any disputes or matters
arising out of or relating to this MoU or any further document(s)
executed between Both the
Parties in pursuance of this MoU shall be construed in accordance
with the laws of India.
The courts in Delhi shall have jurisdiction by virtue of this MoU.
IN WITNESS WHEREOF Both the Parties hereto have executed and
delivered this MoU on the
day and the Period first written above in the presence of the following
witnesses:
SIGNED for and on behalf of the Band:
_______________________________
(Signature)
Name:
SIGNED for and on behalf of CLIENT
_______________________________
(Signature)
Name:
In the presence of WITNESS:
______________________________
(Signature)
Name: ____________________________
Address: __________________________
__________________________________
__________________________________
In the presence of WITNESS:
______________________________
(Signature)
Name: ____________________________
Address: __________________________
__________________________________
__________________________________