ANIMAL RELEASE AGREEMENT

This Animal Release Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT NAME OF THE COMPANY], having registered office at [INSERT ADDRESS OF THE COMPANY] (hereinafter referred to as the “A” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT NAME OF THE COMPANY], having registered office at [INSERT ADDRESS OF THE COMPANY] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Company” and the “Client” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS:

1. Client wishes to procure the services of Animals from the Agent for advertisement purposes.
2. Agent wishes to offer services of Animal to the Client in lieu of certain consideration thereto.
3. The Parties are duly authorized and have the capacity to enter and perform this Agreement.
4. The Company and Client mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
5. The parties are duly authorized and have the capacity to enter into this agreement.
6. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1. “Agreement” shall mean this Animal Release Agreement.
   2. “Agent” shall mean the agency who is acting as representative of the Animal and is representing, managing and handling the services of the Animal.
   3. “The Animal” shall mean the pet who is offering their services to the entertainment industry.
   4. “Territory” shall mean the world.
   5. “Services” shall mean and include the advertising services provided by the Animal or Animals for the Client.
   6. “Client” shall mean the company who wishes to avail the services being provided by the Animal Agent in lieu of consideration for an amount as specifically decided between the parties.
   7. “Act” shall mean the Animal Health and Welfare Act, 2006.
   8. “Production Site” refers to the place where the Animal performs the services for the Client.
   9. “Buyout Fee” shall mean the total amount to be paid by the Client to the Agent in lieu of all the services provided by the Animal under the Agreement.
2. INTERPRETATION
   1. The following words and phrases are defined within the text of this Agreement at the references indicated below.
   2. Any reference in this Agreement to any statute or statutory provision order or regulation shall be construed as including a reference to that statute or statutory provision order or regulation as from time to time amended modified extended or re-enacted whether before or after the date of this Agreement and to all statutory instruments orders regulations and directives modifying or extending the same.
   3. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
   4. Unless otherwise stated time shall be of the essence for the purpose of the performance of the Artist's obligations under this Agreement.
   5. Unless otherwise stated references to clauses sub-clauses sub-paragraphs schedules annexure and exhibits relate to this Agreement.
   6. This Agreement does not create any right enforceable by any person who is not a party to it except for Pet Owner who has the legal authority to act on the Animals behalf.

3. TERMS OF THE ENGAGEMENT

• 1. The Client and the Agent agree that the term of this Agreement shall commence from the effective date hereof and shall remain in force for a period as agreed in writing by mutual consent of both the parties sufficient for completion of services under the Agreement.
  2. The stipulated time for performance of the services shall be agreed in writing with the mutual consent of the parties.
  3. The stipulated time discussed in clause 3.1 above cannot be changed by the client unless agreed mutually by both the parties in writing.
  4. Services to be performed by the Animal under this Agreement including the working hours of the Animal shall be agreed in writing by both the parties at the time of execution of the Agreement.
  5. The Agent shall not be liable for failure of Animal to perform the services as per requirements of the Client owing to reasons such as fatigue, disinterest etc. if the Animal spends more than [INSERT HOURS] hours at the production site in one twenty-four (24) hour cycle from the time of arrival of the Animal on the production site.
  6. Services provided by the Animal exceeding the time mutually agreed by the parties for each twenty-hour cycle, the Client shall be liable to pay overtime charges amounting to [INSERT AMOUNT TO BE PAID IN OVERTIME] per hour or part to the Agent thereto.
  7. The client shall be responsible; unless otherwise agreed in writing at the time of execution of the Agreement, for making appropriate arrangements and paying the requisite charges for all requested equipment needed to perform the services. Unless otherwise instructed in writing prior to the project.
  8. Client shall be responsible for maintaining proper working conditions at all times to ensure the safety and wellbeing of the Animal, during and after performance of its Services.
  9. The Client agrees to provide a full and detailed itinerary with names, addresses, phone and fax numbers of hotels, venues, times and locator/reference numbers for all flights and/or trains booked, all running times for the engagement, arrival etc. Such itinerary information must be with the Agent not later than twenty-hours (24) hours prior to the commencement of the services under the Agreement.
  10. The Client must adhere to the provisions of the Act and must make proper arrangements to fulfil the basic amenities of the Animal on the production set which shall include and not be limited to arranging sufficient diet and appropriate environment for the Animal.
  11. The Client shall make appropriate arrangements to ensure presence of veterinary doctor at the production site at all times.
  12. The Client shall sign this Agreement and return the same to the Agent within time period not exceeding twenty-hours (24) hours prior to commencement of the services.

1. EXCLUSIVITY
   1. The relationship between the parties is non-exclusive and the parties may enter into similar arrangement with third parties as well.
2. PAYMENT
   1. The Client shall pay the Agent the Buyout fee which shall vary depending upon the task performed by the Animal and the Animal whose services the Client wishes to engage.
   2. The Buyout Fee for the Animals shall be [INSERT BUYOUT FEE].
   3. If the Client engages the Services of the Animal for a period exceeding the time period as mutually agreed by the parties at the time of entering into Agreement, Client shall be liable to pay the Agent extra charges amounting to [INSERT AMOUNT PAYABLE ] per hour there after agreed finishing time.
   4. The Client shall be liable to pay the Agent the entire buyout fee within thirty (30) days from the date of completion of the services due under this Agreement. If the Client fails to make the payment within the stipulated time as mentioned in clause 5.2 above, a late fee equivalent to [INSERT AMOUNT PAYABLE ON LATE PAYMENT]will be applicable in addition to the agreed fee stated on the invoice.
3. INSURANCE
   1. The client hereby warrants that the client shall be responsible for purchasing and maintaining adequate insurance and indemnity protection throughout the term of this Agreement which shall include but not be limited to all aspects of the job and/or claims for damage to the location and its fixtures, furnishings and fittings, Employer’s Liability and Public Liability insurance covering claims by the Animal, Client’s staff or by members of the public or their families in the event of personal injury or death sustained in connection with this engagement, and insurance against all claims associated with the cancellation of this performance subject to Force Majeure.
4. FORCE MAJEURE
   1. Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
5. APPLICABLE LAW
   1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT COUNTRY OF APPLICBALE LAWS].
   2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
   3. By direct negotiations between the Agent and Client. 
   4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT COURT WHICH SHALL HAVE EXCLUSIVE JURISIDCITON IN CASE OF DISPUTE BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
6. NOTICES
   1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
      1. If to the Agent: [INSERT EMAIL ID OR/AND ADDRESS OF THE AGENT]
      2. If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF THE CLIENT]
   2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
7. DISPUTE RESOLUTION
   1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
   2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
8. ELECTRONIC SIGNATURES:
   1. This Standard Clause provides that parties may authenticate the agreement with an electronic signature. Each party agrees that the electronic signatures whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same legal force and effect as manual signatures.
   2. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including email electronic signatures.
9. MISCELLANOUS
   1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
   2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the [INSERT LANGUAGE OF ALL COMMUNICATION].
   3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
   4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
   5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
   6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
   7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
10. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed, and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Agent

Name: [INSERT OF THE NAME OF THE AGENT]

Signature:

Date: [INSERT SIGNING DATE OF THE AGENT]

Signed, sealed and delivered on behalf of Client

Name: [INSERT NAME OF THE CLIENT]

Signature: 

Date: [INSERT SIGNING DATE OF THE CLIENT]