In the general terms and conditions we mean with:
Dedicated Entertainment: the legal person with limited responsibility acting under the name Dedicated Agency or Dedicated Productions;
Client: the one who provides an assignment to Dedicated Agency by offering an artistic performance, like described in the agreement.
1. Working
1.1
These terms are applicable to all agreements between Dedicated Agency and the Client.
1.2
Conditions that differ from these terms, also which are included in the general agreements of the Client, are not binding for Dedicated Agency unless explicitly accepted by Dedicated Agency.
2. Realisation
2.1
All offers from Dedicated Entertainment, both written as verbal, are without obligations.
2.2
Dedicated Agency will write down the agreement with the promoter and send it over as soon possible. The Client will take care that Dedicated Agency will receive the signed agreement within 5 workdays.
2.3
In case that the signed agreement from the promoter isn’t received by Dedicated Agency within 5 days, Dedicated Agency has the right to end the agreement, except the right to follow up on the agreement and without being liable to pay damages, as long as the Client will be notified on a reasonable term.
3. Payment
3.1
Unless pointed out differently, the payment by the Client needs to be fulfilled within 30 days before the performance date.
3.2
In case the Client hasn’t fulfilled the total invoice amount within the established time frame, the Client is in default by law. In this case, Dedicated Agency has the right to claim compliance in law without notice. Furthermore, Dedicated Agency has the right to cancel the performance, without relieving the promoter of his obligation to pay the agreed amount for the performance.
3.3
In case of none, an incomplete or late payment, the promoter is indebted an interest each month equal to the statutory interest, plus a contractual interest of 2%. Additionally, the client has to pay judicial collection costs, which amount to 15% of the amount with a minimum of € 250. Furthermore, The Client will pay all other reasonable expenses including but not limited to reimburse legal fees to Dedicated Agency.
4. Liability
4.1
Dedicated Agency can never be held liable by the Client for damage of any kind and from any cause whatsoever, except in the case of clear intent and gross negligence of Dedicated Agency. In the event that Dedicated Agency has any liability, this liability is limited to the amount invoiced to the Client.
4.2
Dedicated Agency is not liable to the Client in case of loss, theft and/or damage to funds and/or goods belonging to the Client.
4.3
The Client shall be liable for damage to and/or loss of goods that are made available by Dedicated Agency and employed third parties. The Client is also liable for damage to and / or loss of goods that have been used during the performance of the Artist. If the Client transfers certain obligations regarding the implementation of the agreement to third parties, the Client remains primarily responsible for the implementation of these obligations. The Client will provide third parties with a copy of the primary agreement, including all relevant documents and riders.
4.4
In the case of circumstances beyond one’s control, all costs incurred for the purpose of the performance are on ones own expense. Parties shall indemnify each other in respect of any claim.
4.5
If the Client acts conflicting to these general provisions or the specific provisions of the performance, Dedicated Agency has the right to suspend its obligations under the agreement.
4.6
If one of the parties fails in the execution of this agreement, except in cases of circumstances beyond one’s control, they will be obliged to pay a penalty to the other party according to the amount invoiced to the Client for the appropriate performance (including VAT). Furthermore, all judicial and extrajudicial costs, plus legal interest, are at the expense of the defaulting party.
5. Cancellation
5.1
Parties are entitled to terminate the agreement without notice or judicial intervention and without being liable for damages in case of:
– 5.1.1 Bankruptcy of one of the parties;
– 5.1.2 Suspension of payment of the Client;
– 5.1.3 Reasonable doubt of Dedicated Agency on the ability of the Client to fulfill its obligations on time.
5.2
If the above case arises, a possible claim to the Client will be immediately collectable.
5.3
If the client want to cancel the performance without good reason, the following percentage of the total contract price need to be paid, depending on the number of days up to the event:
– From 8 weeks till 6 weeks before the event, 50% of the contract price.
– From 6 weeks till 1 month before the event, 75% of the contract price.
– Within 1 month before the event, 100% of the contract price.
6. Force majeure
6.1
The following unexpected circumstances will apply to force majeure:
– 6.1.1 unforeseeable public order, other than as the result of not obtaining permits;
– 6.1.2 disability due to illness or accident of the Artist(s);
– 6.1.3 surseance, war, riots, mobilization, domestic and foreign unrest, strikes.
6.2
In case of force majeure, parties are entitled to dissolve the agreement by notifying the other party.
6.3
Failure to obtain a license or exemptions from the side of the Client does not constitute force majeure.
6.4
In case of cancellation due to government measures related to Covid-19, a new date will be planned within 12 months of the
original date. Artist fee already received will be carried forward to the new date, the booking fee will not. If government covers costs of
cancellation, then the artist fee must be paid in full and will not be carried forward to the rescheduled date.
7. Radio/TV performances
7.1
Dedicated Agency is entitled to cancel the contracted performance to 15 days before the scheduled date occurs, without being obliged to pay any compensation if on the day of the performance radio, television and / or audio recordings need to be made by the Artist(s)
7.2
Dedicated Agency is entitled to cancel the contracted performance to 15 days before the scheduled date occurs, without being obliged to pay any compensation, in case the Artist needs to be abroad in favor of contractual obligations, as long as these activities were not known at the conclusion of this agreement. If desired, the Artist will provide written information to the organization.
7.3
The Client can, in a similar situation, enforce a performance by the Artist on another date and under the same conditions via Dedicated Music
8 Artist and performance
8.1
The Client will submit the showtime and any soundcheck times to Dedicated Agency. The final times will be confirmed by the contract by Dedicated Agency.
8.2
The Client sends directions to the location of the performance. These directions will be sent back along with the contract.
8.3
The Client shall ensure a professional PA system 3 or 4 way active with sufficient capacity for the entire room or location and the number of visitors so that at every listening position an appropriate volume across the entire audio spectrum can be displayed without distortion.
8.4
The Client notifies Dedicated Agency no later than 14 days before the start of the performance in writing about any restrictions of the sound level.
8.5
The Client is responsible for a good and beautiful light show operated by a professional lighting technician that can tastefully highlight a show.
8.6
From arrival to departure of the Artist there must be a contact person on location, on behalf of the Client, whose fully informed of all (with the appearance-related) issues.
8.7
During the soundcheck there should be no public present (excluding staff).
8.8
If the Client wishes to make audio and / or visual recordings of the performance, a written permission of Dedicated Agency is obliged. In case the Client made audio and / or visual recordings of the Artist, the Client shall, at the request of Dedicated Agency, provide a copy of the recording to Dedicated Agency, free of charge, which can be used by Dedicated Agency for promotional purposes.
8.9
The Client declares that he is aware of the performances of the Artist and recognizes that the intrinsic composition of the performance and the presentation thereof is determined by the Artist.
8.10
The Client guarantees that before, during and after the performance of the Artist the catering requirements are present in the locker room as specified by the artist in the booking contract.
8.11
The Client ensures that the light and sounds systems and additional equipment related to the performance, and any sound-check, will be on time before the start of the performance and shall comply with the specifications given by the Artist.
8.12
The stage should be easily accessible.
8.13
The stage should be covered, unless the parties have agreed differently in writing.
9. Safety
9.1
The Client guarantees the safety of the Artist before, during and after the performance, including placing heavy crush barriers and / or similar means to keep the audience at a safe distance across the entire width of the stage. Crush barriers, and / or similar means should be equipped with solid spacers, or should to be placed grouped in order to prevent slippage. Any damage to equipment and other property of the artist or materials hired by the artist, caused by the public, the Client or his staff, is borne by the Client. The Client will be held directly liable by the rental company for damage to the hired equipment by the Artist. Principal by the rental company held directly liable for damage to the hired equipment by the Artist. The Client must ensure that the artist can perform under safe and responsible conditions. This means at least adequate protection against molesting the Artist, the guests of the Artist and the equipment.
10. Copyright
10.1.
The Customer undertakes to provide Buma / Stemra with the correct payments regarding the exploitation of copyright unless the Client settles this fee directly to Dedicated Agency.
11. Sponsoring
11.1
This Agreement and / or the performance of Artist will not be sponsored by or connected to a product or company without the written permission of Dedicated Agency. Parties also agree that the Client cannot and will not commit the Artist to any promotional action or interview whatsoever without the written permission of the artist.