Introduction

  • These Terms and Conditions ("Agreement" or "Terms and Conditions") govern the use of the Groove & Gigs platform by artists("Artist" or "You").
  • Groove & Gigs ("Groove & Gigs") is an online platform owned and operated by GROOVGIG ENTERTAINMENT Private Limited, which connects Artists with potential Clients for live performances.
  • "Artist" refers to any musician, singer, band, comedian, or other performer who uses the platform to promote their availability for live performances.
  • By using the platform, the Artist agrees to be bound by this Agreement and to comply with all applicable laws, rules, and regulations related to their performances.

Definitions & Interpretations

  • In these Terms and Conditions, unless the context requires otherwise, the following words shall have the following meanings:
    • "Client" means a person or entity that uses the Groove & Gigs platform to book an Artist for an Event.
    • "Event" means a live performance or appearance by the Artist that has been booked by the Client through the Groove & Gigs platform, and may include, but is not limited to, concerts, gigs, weddings, corporate events, private parties, and any other live performance or appearance by the Artist.
    • "Booking" means the agreement between the Client and the Artist for the provision of the Artist's services for an Event, as confirmed through the Groove & Gigs platform.
    • "Booking Amount" means the total amount payable by the Client to Groove & Gigs for the Artist's services for an Event, as specified in the Booking confirmation.
  • References to the singular include the plural and vice versa, and references to any gender include all genders.
  • The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
  • Any reference to a statute, statutory provision, regulation, or order shall be construed as a reference to that statute, statutory provision, regulation, or order as amended, re-enacted, or replaced from time to time.

Account Registration and Use

  • Artist must be at least 18 years old to use the platform.
  • In case the Artist is below the age of 18, they may register on the platform with the consent of their parent or legal guardian, who shall provide their details and accept these Terms and Conditions on the Artist's behalf. The parent or legal guardian shall be responsible for ensuring that the Artist complies with these Terms and Conditions and shall be liable for any breach of these Terms and Conditions by the Artist.
  • Artist agrees to provide accurate and complete information when registering for an account and to keep the information updated.
  • Artist is responsible for maintaining the confidentiality of the account and password and for all activities that occur under the account.
  • Artist agrees to use the platform only for lawful purposes and in compliance with all applicable laws, rules, and regulations.

Content Ownership and Licence

  • Ownership of Content
    • Artist retains ownership of all content uploaded or submitted to the platform, including but not limited to music, videos, images, and other media. ("Artist Content").
    • Groove & Gigs does not claim ownership of any Artist Content.
  • License to Groove & Gigs
    • Artist grants Groove & Gigs a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, distribute, and modify the Artist Content uploaded or submitted to the platform, solely for the purpose of promoting Artist's services and facilitating Booking through the platform.
    • This license includes the right to use Artist's name, image, likeness, and biographical information in connection with the promotion of the Artist's services.
    • Artist acknowledges and agrees that Groove & Gigs may use the Artist Content in any media or format, including but not limited to, social media, email marketing, and other promotional materials.
    • Artist understands and agrees that Groove & Gigs may modify, adapt, or create derivative works from the Artist Content to promote or improve the platform.
    • Artist represents and warrants that Artist owns or has the necessary rights and permissions to grant the license to Groove & Gigs and that the use of the Artist Content as licensed hereunder will not violate or infringe the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.
  • Responsibility for Content
    • Artist is solely responsible for the accuracy, quality, legality, and appropriateness of the Artist Content.
    • Artist represents and warrants that the Artist Content does not contain any material that is defamatory, obscene, pornographic, offensive, or otherwise objectionable.
    • Artist acknowledges and agrees that Groove & Gigs does not pre-screen or monitor Artist Content, but that Groove & Gigs has the right (but not the obligation) to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable.
  • Indemnification
    • Artist agrees to indemnify, defend, and hold harmless Groove & Gigs and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with Artist's use of the platform, Artist's services, or the Artist Content, including but not limited to any claims of infringement or violation of third party rights.
    • Artist agrees to cooperate with Groove & Gigs in the defense of any such claims and to reimburse Groove & Gigs for any reasonable expenses incurred in connection with such defense.
  • Right to Remove Content
    • Groove & Gigs reserves the right to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable, without liability to Artist.
    • Artist understands and agrees that Groove & Gigs has no obligation to store or maintain copies of any Artist Content beyond what is necessary for the provision of the platform and its associated services.

Fees and Payment

  • Fees Charged by Groove & Gigs
    • Groove & Gigs does not charge any fees for registration and creating a profile on its website.
    • Groove & Gigs provides a platform for Artists to showcase their talents and connect with potential Clients. Groove & Gigs charges a 20% (twenty) non-refundable platform fee ("Platform Fees") for providing the services which includes but is not limited to the following:
      • Connecting the Artist with potential Clients and managing the Booking;
      • Providing a payment gateway for the Clients to make the payment;
      • Promoting the Artist's profile on its platform.
    • This Platform Fees is inclusive of all taxes and levies, including but not limited to GST.
    • By using the platform and any services provided by Groove & Gigs, Artist agrees to pay Platform Fees.
    • Groove & Gigs reserves the right to modify its Platform Fees and other charges from time to time without prior notice. However, such modifications shall not affect the Platform Fees and other charges applicable to Bookings that have already been confirmed through Groove & Gigs' platform.
  • Payment to the Artist
    • Payment to the Artist shall be made either through the Groove & Gigs platform. When the payment is made through the Groove & Gigs platform, the payment shall be remitted to the Artist after deducting the applicable GST within three (3) business days from the date of the Event.
    • Furthermore, it is clarified that cash payments aren't allowed to be made to the Artist directly. These shall not be protected under the Cancellation Policy and Groove & Gigs shall not be responsible for any disputes or issues related to such payments.
    • The Platform Fees shall be deducted from all payments made to the Artist, irrespective of the mode of payment.
    • In case of any delay or default in payment by the Client, Groove & Gigs shall not be liable for any interest or penalty on such delayed payment.
  • Changes to Fee Structure
    • Groove & Gigs reserves the right to change its fee structure at any time, with notice to the Artist.
    • Groove & Gigs will provide notice of any fee changes on the platform.
    • Artist's continued use of the platform following the notice of any fee changes constitutes acceptance of the new fee structure.
  • Taxes
    • Artist is solely responsible for paying any applicable taxes on income earned from the use of the platform and any services provided by Groove & Gigs.
    • Groove & Gigs is required to collect and remit GST on behalf of the Artist as per applicable tax laws. The Platform Fees charged by Groove & Gigs are inclusive of the applicable GST.
    • Artist agrees to provide Groove & Gigs with any necessary tax information and to comply with all applicable tax laws and regulations.
  • Disputes
    • In the event of any disputes related to Platform Fees or payments, Artist agrees to work with Groove & Gigs to resolve the issue in a timely and reasonable manner.
    • Artist agrees not to initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Groove & Gigs.
    • Artist acknowledges and agrees that Groove & Gigs is not liable for any third-party fees or charges related to payments made through the platform, such as bank fees or currency conversion fees.
  • Right to Withhold Payment
    • Groove & Gigs may withhold payment to Artist if there are any concerns or issues related to the quality or legality of the Artist's performance, or if Artist breaches any of the terms of this Agreement.
    • Groove & Gigs will notify Artist of any concerns or issues before withholding payment, and will work with Artist to resolve the issue in a reasonable and timely manner.

Bookings

  • Artist Booking Procedure
    • Artist agrees to make all Bookings through the Groove & Gigs platform.
    • Artist acknowledges that Groove & Gigs acts as an intermediary and can also provide any performance or Event services should there be an opportunity.
    • The Artist shall provide Groove & Gigs with the Artist's available performance dates, performance fees, and other required details for creating a profile on the platform.
    • Clients can browse the Artist's profiles, select an Artist, and request a quote for their Booking. The Artist shall respond to the Client's request for a quote within a reasonable time, and the quote shall include the performance fee, any additional charges, and terms and conditions for the performance.
    • Upon acceptance of the Artist's quote, the Client shall pay a 20 (twenty)% advance of the total Booking Amount to Groove & Gigs to secure the Event date. The remaining 80 (eighty) % of the Booking Amount shall be paid on the date of the Event, through the Groove & Gigs platform as agreed upon between the Client and the Artist.
    • Groove & Gigs shall deduct its Platform Fees and applicable GST from the Booking Amount before remitting the payment to the Artist.
    • Artist is solely responsible for providing all performance services and meeting all terms and conditions and obligations associated with each Booking, including but not limited to arranging transportation, equipment, and accommodations. In case of any breach of the terms and conditions, Groove & Gigs shall not be liable for any loss or damage suffered by the Client or the Artist.
    • Artist agrees to communicate with Client promptly and professionally through the platform's messaging system, and to respond to all Booking requests and inquiries in a timely manner.
    • The Artist acknowledges and agrees that Groove & Gigs may promote the Artist's profile and performances through its website and social media platforms for marketing purposes.
  • Changes to Booking details
    • Suppose the Client needs to make any changes to the Booking details before the Booking has been secured, such as the line-up, performance duration or Booking Amount. In that case, the Client must do so using the Groove & Gigs site and must be accepted by both, Groove & Gigs and Artist, before the Booking is confirmed.
    • Once the Booking has been secured, Clients should not communicate changes to Booking details to the Artist without first contacting Groove & Gigs.
    • If the Client needs to make any changes to the details of the Booking after the Booking has been secured, such as the line-up, performance duration, or quote, the Client must immediately communicate these changes to Groove & Gigs at info@grooveandgigs.com
    • The Artist will be notified of any changes made to the Booking details by Groove & Gigs, and Groove & Gigs will confirm with the Artist whether they are willing and able to perform at the revised Booking details.
    • If the Artist accepts the revised Booking details, Groove & Gigs will update the Booking details on the Groove & Gigs site and notify the Client.
    • If the Artist does not accept the revised Booking details, Groove & Gigs will work with the Client to find a suitable alternative Artist or act for the Event.
    • Any changes to the Booking details made by the Client without the prior written consent of Groove & Gigs may result in the cancellation of the Booking and the Client shall be subject to cancellation charges as outlined in the Cancellation Policy.
  • Delayed Event Schedules and Late Finish Fees
    • If the Event schedule runs over the agreed-upon time through no fault of the Artist, the Artist shall not be entitled to any reduction in the Booking Amount.
    • If the Event is extended beyond the original finishing time with the agreement of the Artist, the Artist is entitled to negotiate and receive additional payment from the Client at their discretion. Any such additional payment shall be communicated to Groove & Gigs at info@grooveandgigs.com within 24 (twenty-four) hours of the Event.
    • In case of any other changes to the Booking that result in additional payment to the Artist, the Artist shall communicate the same to Groove & Gigs at info@grooveandgigs.com within 24 ( twenty-four) hours of the Event.
    • The Artist shall have the right to refuse to perform beyond the agreed-upon finishing time without penalty.
    • The Client shall be responsible for any costs or expenses incurred by the Artist as a result of any delay or extension to the Event schedule beyond the agreed upon finishing time.
  • Cancellations and Refunds
    • Artist acknowledges that cancellations or changes to Bookings may occur due to unforeseen circumstances.
    • Artist agrees to promptly notify Groove & Gigs and the Client in the event of any cancellation or change, and to work with Groove & Gigs and the Client to reschedule or make other arrangements. Groove & Gigs shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
    • Artist agrees to comply with the Cancellation Policy.
  • Performance Conditions
    • The Client must provide all relevant performance conditions and provisions to the Artist before a Booking is confirmed. This includes but is not limited to:
      • Size of performance space
      • For outdoor performances, contingency plans in the event of rain or adverse weather conditions
      • Sound limits and timings of sound checks
      • Provision of food and drink
    • The Artist has the right to refuse to perform if performance conditions are lower than agreed with the Client, or if the conditions are objectively unacceptable for a live performance.
    • In the case where conditions are confirmed in advance and not adhered to by the Client, the Artist is entitled to their full fee provided they show evidence of unacceptable conditions.
    • The Client is responsible for ensuring the venue and performing area is safe for the Artist's performance. This includes ensuring they are not harassed, insulted or put in danger by guests.
    • The Artist has the right to leave if they are threatened or endangered by continuing to perform.
    • Any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions will be the responsibility of the Client and must be paid in full within 24(twenty-four) hours of the Event.
    • If the Artist is unable to perform due to the failure of the Client to provide adequate performance conditions, the Client will be responsible for any costs incurred by the Artist, including but not limited to travel costs, accommodation costs and lost income.
    • The Client must provide adequate security at the venue to ensure the safety of the Artist and their equipment. The Client will be liable for any damage caused to the Artist's equipment due to inadequate security at the venue.
    • The Artist reserves the right to refuse to perform if the Client does not provide adequate security at the venue.
    • The Artist must arrive at the venue at the agreed-upon time and have all necessary equipment with them. If the Artist is unable to perform due to their own fault or negligence, they will not be entitled to the full fee.
    • The Artist must comply with all relevant laws and regulations, including but not limited to health and safety regulations. The Artist will be held responsible for any damage or injury caused by their negligence or failure to comply with relevant laws and regulations.
    • If the Client requests that the Artist perform a specific set or playlist, the Artist must make reasonable efforts to accommodate the request. However, the Artist reserves the right to refuse any request that they deem inappropriate or offensive.
    • In the case of outdoor performances, the Artist must comply with all relevant environmental regulations and obtain any necessary permits or licenses.
  • Indemnification
    • Artist agrees to indemnify, defend, and hold harmless Groove & Gigs and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any Booking or related services, including but not limited to any claims of breach of contract, negligence, or other wrongdoing by Artist.
    • Artist agrees to cooperate with Groove & Gigs in the defense of any such claims, and to reimburse Groove & Gigs for any reasonable expenses incurred in connection with such defense.

Artist Obligations

By using the Groove & Gigs platform and services, the Artist agrees to:

  • Provide accurate and truthful information in their profile and in all communications with Groove & Gigs and Clients;
  • Maintain professional conduct and adhere to all applicable laws, regulations, and industry standards concerning any Bookings facilitated through the Groove & Gigs platform;
  • Promptly respond to any inquiries or requests from Groove & Gigs or Clients in a timely and professional manner;
  • Fulfill any Bookings that are confirmed through the Groove & Gigs platform, except in cases where cancellation is permitted under the terms of this Agreement;
  • Provide high-quality and satisfactory performances to Clients, and strive to exceed expectations wherever possible;
  • Not engage in any activity or behavior that may harm the reputation or interests of Groove & Gigs, Clients, or any other Artists using the platform;
    and
  • Indemnify and hold harmless Groove & Gigs from any losses, damages, or expenses arising from the Artist's breach of these obligations or any other terms of this Agreement.

Cancellation Policy

  • In case the Artist cancels the Booking, the following Cancellation Policy ("Cancellation Policy") will apply:
    • If the cancellation is made 7 days or more prior to the Event date, the Artist will be charged a cancellation fee of 20 (twenty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
    • If the cancellation is made within 7 days of the Event date, the Artist will be charged a cancellation fee of 50 (fifty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
  • The Artist acknowledges that the above cancellation charges are reasonable and reflect the losses that Groove & Gigs and the Client may suffer as a result of the cancellation. The Artist agrees to pay the applicable cancellation charges promptly and without delay. Groove & Gigs reserves the right to deduct the cancellation charges from any future payments due to the Artist.
  • In case the Artist cancels a Booking without providing sufficient notice or fails to comply with the Cancellation Policy, Groove & Gigs reserves the right to take necessary action, including but not limited to removal of the Artist's profile from the platform and initiating legal proceedings for breach of this Agreement.
  • The Artist shall not be liable for any cancellation due to force majeure events such as natural disasters, epidemics, pandemics, war, or any other events beyond the Artist's control.
  • Groove & Gigs shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
  • The Artist agrees to comply with the above-stated Cancellation Policy and acknowledges that Groove & Gigs shall have the right to enforce the same in case of any breach.

Termination

  • Termination by the Artist
    • Artist may terminate their account with Groove & Gigs at any time by providing written notice to Groove & Gigs.
    • Upon termination of the Artist's account, all outstanding fees and charges owed to Groove & Gigs must be paid in full within 30 (thirty) business days.
    • Groove & Gigs may retain and continue to display any Artist Content or materials submitted by the Artist on the platform, unless the Artist specifically requests for such Artist Content to be removed.
  • Termination by Groove & Gigs
    • Groove & Gigs reserves the right to terminate an Artist's account and access to the platform at any time, with or without cause, upon written notice to the Artist.
    • If the Artist breaches any Terms or Conditions or policies of Groove & Gigs, Groove & Gigs may terminate the account immediately without prior notice.
    • Groove & Gigs may also terminate the account if the Artist engages in any illegal or fraudulent activity on the platform.
    • In the event of termination by Groove & Gigs, any outstanding fees and charges owed by the Artist will become immediately due and payable.
    • Groove & Gigs may retain and continue to display any Artist Content or materials submitted by the Artist on the platform, unless the Artist specifically requests for such Artist Content to be removed.
  • Effect of Termination
    • Termination of the Artist's account will result in the immediate cessation of all services and benefits associated with the platform.
    • The Artist acknowledges and agrees that Groove & Gigs shall not be liable to the Artist or any third party for any damages resulting from the termination of the Artist's account or access to the platform.
    • The Artist further acknowledges and agrees that Groove & Gigs shall have the right to retain and continue to display any Artist Content associated with the Artist's account or profile following termination, unless specifically requested by the Artist to remove such Artist Content.

Representations and Warranties

  • By the Artist

    The Artist hereby represents and warrants that:

    • They have the legal capacity to enter into and perform their obligations under these Terms and Conditions.
    • They are the sole owner of all rights, title, and interest in and to any Artist Content or materials submitted to the platform, or that they have obtained all necessary licenses, permissions, consents, and clearances from any third party owners of such Artist Content or materials.
    • They have obtained all necessary rights and permissions to use any third-party intellectual property or proprietary rights, including but not limited to any music, logos, images, or other materials incorporated into their Artist Content.
    • They will not use the platform for any illegal or fraudulent activities or engage in any behavior that violates any applicable laws, regulations, or industry standards.
    • They will not infringe upon any third-party rights, including but not limited to any intellectual property or proprietary rights.
    • They will not transmit any Artist Content that is defamatory, obscene, offensive, or otherwise inappropriate or harmful to Groove & Gigs, other Artists, or third parties.
  • By Groove & Gigs

    Groove & Gigs hereby represents and warrants that:

    • The platform and any associated services will be provided in a professional and workmanlike manner, consistent with industry standards and applicable laws and regulations.
    • Groove & Gigs will use commercially reasonable efforts to ensure the security, reliability, and availability of the platform and any associated services, but does not guarantee that the platform will be error-free or uninterrupted.
  • Limitation of Liability
    • In no event shall Groove & Gigs be liable to the Artist or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits or damages arising from loss of use, data, or goodwill, even if Groove & Gigs has been advised of the possibility of such damages.
    • Groove & Gigs total liability to the Artist or any third party arising out of or in connection with these Terms and Conditions, whether in contract, or otherwise, shall not exceed the amount of fees paid by the Artist to Groove & Gigs during the two (2) month period preceding the event giving rise to the liability.
  • Disclaimer of Warranties
    • Groove & Gigs makes no warranties or representations of any kind, express or implied, regarding the platform or any associated services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
    • Groove & Gigs does not guarantee that the platform or any associated services will be error-free, uninterrupted, or free.

Indemnification

  • The Artist agrees to indemnify, defend, and hold Groove & Gigs and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, demands, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
    • Any breach of this Agreement by the Artist, including but not limited to any breach of the representations and warranties made herein.
    • Any negligent, reckless, or intentionally wrongful act or omission by the Artist, including but not limited to any infringement of intellectual property rights or other proprietary rights.
    • Any claim that the Artist's performance or any other aspect of the Artist's activities or Artist Content made available through the platform has caused harm to a third party.
    • Any claim that the Artist's activities or Artist Content made available through the platform violate any applicable law, regulation, or industry standard.
    • Any claim that the Artist's use of the platform or any other service provided by Groove & Gigs infringes upon or misappropriates any intellectual property rights or other proprietary rights of any third party.
  • The Artist agrees to cooperate fully with Groove & Gigs in the defense of any such claim and to indemnify and hold Groove & Gigs harmless from any and all losses, damages, expenses, and costs (including reasonable attorneys' fees) incurred by Groove & Gigs as a result of any such claim.
  • In the event that any such claim arises, Groove & Gigs shall have the right, at its sole discretion and expense, to:
    • Modify the Artist Content made available through the platform to avoid infringement or alleged infringement of any third party's intellectual property rights or other proprietary rights.
    • Terminate the Artist's use of the platform and any services provided by Groove & Gigs.
  • The indemnification obligations outlined in this section shall survive the termination or expiration of this Agreement.

Intellectual Property Rights

  • Groove & Gigs Ownership
    • The Artist acknowledges that Groove & Gigs is the sole owner of the brand and its associated properties of Groove & Gigs, and nothing in this Agreement shall be construed as conferring any rights or license to use the Groove & Gigs brand or any of its associated properties, including any trademarks or copyrighted material.
    • The Artist acknowledges and agrees that Groove & Gigs and its licensors own all legal rights, titles, and interests in and to the platform, including any intellectual property rights that subsist in the platform.
    • The Artist further acknowledges that the platform may contain information that is designated confidential by Groove & Gigs and that the Artist shall not disclose such information without Groove & Gigs prior written consent.
  • Artist Representations and Warranties
    • The Artist represents and warrants that the Artist has the necessary rights to grant Groove & Gigs the license to use any Artist Content.
    • The Artist further represents and warrants that the use, reproduction, distribution, transmission, or display of the Artist Content on the platform shall not violate any applicable laws or regulations or infringe upon any third-party intellectual property rights.
  • Trademarks
    • The Artist acknowledges that Groove & Gigs and any other Groove & Gigs product or service names, logos or slogans that may appear on the platform or in any other materials provided by Groove & Gigs are trademarks or registered trademarks of Groove & Gigs and may not be copied, imitated or used, in whole or in part, without the prior written permission of Groove & Gigs.
  • Notice of Infringement
    • If the Artist believes that the Artist's Content has been copied in a way that constitutes copyright infringement or any other intellectual property infringement, the Artist should notify Groove & Gigs in writing at the following email address: info@grooveandgigs.com. The notice must include:
    • A physical or electronic signature of the Artist or its authorized representative;
    • Identification of the copyrighted work or other intellectual property that the Artist claims has been infringed;
    • A description of the material that the Artist claims is infringing and where it is located on the Groove & Gigs platform;
    • The Artist's contact information, including its address, telephone number, and email address;
    • A statement by the Artist that it has a good faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law;
      and
    • A statement by the Artist, made under penalty of perjury, that the above information in the notice is accurate and that the Artist is the intellectual property owner or authorized to act on the owner's behalf.
  • Remedies
    • The Artist acknowledges that any breach of this Agreement by the Artist may cause irreparable harm to Groove & Gigs, for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available to Groove & Gigs at law or in equity, Groove & Gigs shall be entitled to seek injunctive relief to enforce the terms of this Agreement without the necessity of proving actual damages. The Artist further agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by Groove & Gigs in enforcing the terms of this Agreement.
  • Termination
    • Upon termination of this Agreement for any reason, Groove & Gigs shall retain the license granted by the Artist to use and distribute the Artist Content, unless the Artist specifically revokes such license in writing.
    • The termination of this Agreement shall not affect any rights or obligations of either party arising prior to the termination date, including but not limited to payment obligations and indemnification obligations.

Confidentiality for Artist

  • The Artist agrees to keep all information received from Groove & Gigs or the Client, including but not limited to, booking details, event information, and financial information, confidential and not to disclose such information to any third party without prior written consent from Groove & Gigs or the Client.
  • The Artist further agrees to take all reasonable measures to maintain the confidentiality of such information, including, but not limited to, not using such information for any purpose other than the performance of the Artist's obligations under this Agreement.
  • This confidentiality obligation shall survive the termination or expiration of this Agreement for a period of 2 years.
  • The Artist acknowledges that any breach of this confidentiality clause may result in irreparable harm to Groove & Gigs and/or the Client, and therefore, Groove & Gigs and/or the Client shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach.

Modification of Agreement

  • Groove & Gigs reserves the right to modify or update this Agreement at any time without prior notice. Any modifications or updates to this Agreement will be effective immediately upon posting on the platform.
  • The artist agrees to review this Agreement regularly for any changes. Continued use of the platform and services after any modifications or updates to this Agreement shall constitute acceptance of such modifications or updates.

Entire Agreement

  • This Agreement, along with any additional agreements or policies incorporated by reference, represents the entire agreement between Groove & Gigs and the Artist and supersedes any prior agreements or understandings between the parties.

Severability

  • If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any invalid or unenforceable provision is capable of being modified to be valid and enforceable without materially altering the intent of the parties, such modification shall be made.

Governing Law and Jurisdiction

  • This Agreement shall be governed by and construed per the laws of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

Waiver

  • The failure of Groove & Gigs to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

Headings

  • The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Survival

  • The provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to, Content Ownership and License, Confidentiality for Artist, Indemnification, Intellectual Property Rights Limitation of Liability, and Remedies. Groove & Gigs shall also have the right to continue to use any Content provided by the Artist on the platform even after the termination of this Agreement, unless the Artist specifically revokes such license in writing.

Assignment

  • The Artist shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Groove & Gigs. Groove & Gigs may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Artist.

Notices

  • All notices, requests, and other communications under this Agreement shall be in writing and shall be delivered by hand, electronic mail, or certified or registered mail, return receipt requested, to the address specified below or such other address as the parties may specify in writing:
  • If to Groove & Gigs:
    • GROOVGIG ENTERTAINMENT Private Limited
      1st Floor, Flat no-4, 1194/27 C, Sumukh Society, Ghole Road, Shivajinagar, Pune - 411005, India
      Email: info@grooveandgigs.com

  • If to the Artist:
    • The contact information provided by the Artist on the Groove & Gigs platform.