GENERAL TERMS & CONDITIONS
These booking terms and conditions outline the primary terms under which Dedicated Agency conducts its business. Any additional terms will be confirmed in writing. You agree that if, at any time, we agree to terms that conflict with these booking terms and conditions, such additional terms will be considered void.
These conditions apply to all offers and agreements of Dedicated Agency B.V., with its registered office in Nootdorp, Netherlands, hereinafter referred to as 'Dedicated Agency'.
The "Client" refers to the party assigning a project to Dedicated Agency by commissioning an artistic performance, as 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, including those in the Client's general agreements, are not binding for Dedicated Agency unless explicitly accepted in writing by Dedicated Agency.
2. Realization
2.1
All offers from Dedicated Agency, whether written or verbal, are without obligation. All offers, quotations, prices, price lists, delivery times, etc., are subject to contract unless specified otherwise. If a quotation or offer is subject to contract and such offer is accepted by the Client, Dedicated Agency reserves the right to revoke the offer within two business days of receiving the notice of acceptance.
2.2
The Client cannot derive any rights from any images or descriptions provided by Dedicated Agency in any offers, folders, catalogues or other promotional materials. The foregoing information will not be binding on Agency Agency.
2.3
Dedicated Agency will prepare the agreement with the Client and send it as soon as possible. The Client will ensure that Dedicated Agency receives the signed agreement within 7 business days.
2.4
If the signed agreement is not received by Dedicated Agency within 7 business days, Dedicated Agency reserves the right to terminate the agreement. This termination will not affect its right to pursue fulfillment of the agreement, nor will it incur any liability for damages, provided that the Client is notified within a reasonable timeframe.
3. Payment
3.1
Upon signing the contract, the Client will receive an initial invoice for a down payment.
- The down payment amounts to 25% of the total agreed price and must be paid within 14 days of receiving the invoice.
- 90 days prior to the booking date, the Client will receive the final invoice for the remaining balance, which amounts to 75% of the total agreed price.
Exceptions for foreign bookings outside the Benelux:
Once the contract is signed, the Client will immediately receive an invoice for the down payment.
- This down payment amounts to 25% of the total agreed price and must be paid within 5 business days of receiving the invoice.
- 60 days prior to the booking date, the Client will receive the final invoice for the remaining balance, which amounts to 75% of the total agreed price.
3.2
Unless otherwise specified, Dedicated Agency reserves the unilateral right to cancel the booking if the full invoice is not paid at least 40 days prior to the performance date.
3.3
If travel or accommodation documents are not received in a reasonable time for the artist to plan their travel, the booking will be considered void, and the artist will not be obliged to fulfill the engagement.
3.4
In the case of non-payment, incomplete payment, or late payment, the Client will owe interest at a rate of 2% per month, equal to the statutory interest. Additionally, the Client will be responsible for judicial collection costs and all other reasonable expenses, including, but not limited to, reimbursement of legal fees to Dedicated Agency.
4. Liability
4.1
Dedicated Agency can never be held liable by the Client for any damages of any kind, unless caused by clear intent or gross negligence on the part of Dedicated Agency. In the event of liability, the amount of 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 event of circumstances beyond one's control (as defined in section 6.75 of the The civil code of The Netherlands (WW)), all costs incurred for the purpose of the performance shall be borne by the responsible party. Both parties shall indemnify each other against any claims arising from such circumstances.
4.5
If the Client acts in conflict with these general terms or the specific provisions of the performance, Dedicated Agency reserves 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
Both parties have the right to terminate the agreement without notice or judicial intervention and without liability for damages in the event of:
– Bankruptcy of one of the Parties;
– Suspension of payment of the Client;
5.2
In the event of any of the above, any outstanding claims against the Client will become immediately due for payment.
5.3
If the Client wishes to cancel the performance, the following cancellation fees will apply, based on the number of days prior to the event:
– From 12 weeks to 8 weeks before the event, 50% of the contract price.
– From 8 weeks t0 4 weeks before the event, 75% of the contract price.
– Within 4 weeks before the event, 100% of the contract price.
– For all international shows outside of the Benelux, contracted shows cannot be cancelled within 60 days of the agreed show date without the full payment of 100% of the contract price.
6. Force majeure
6.1
Circumstances of non-attributable failure, under which either party has the right to terminate the Agreement, include but are not limited to;
6.1.1 War, riots, mobilization, civil unrest, domestic and foreign disturbances, government measures, strikes, lockouts by workers, or similar circumstances;
6.1.2 Illness of the Artist. Upon request, within 24 hours of the Artist reporting sickness to the Client, and at the Client's expense, an independent physician may issue a doctor's certificate;
6.1.3 Business interruption due to fire, accidents, or other incidents;
6.1.4 Natural disasters, epidemics, illnesses, quarantines, or similar circumstances;
6.1.5 Government measures that prevent the Artist from performing or make the performance disproportionately burdensome.
6.2
In the event of force majeure, both parties will cooperate to find a mutually acceptable solution and reschedule the booking to another date under a revised agreement.
6.3
Failure to obtain a license or exemption on the part of the Client does not constitute force majeure.
6.4
In case of cancellation due to government measures related to Covid-19 (or similar future situations), 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 up to 15 days before the scheduled date 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) or if the Artist must be abroad to fulfill contractual obligations that were not known at the time of this agreement’s signing. If desired, the Artist will provide written information to the organization.
7.2
The Client can, in a similar situation, enforce a performance by the Artist on another date and under the same conditions via Dedicated Agency.
8 Artist and performance
8.1
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.
8.2
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.
8.3
The Client will provide directions to the performance location, which must be submitted to Dedicated Agency. These directions should be included with the signed contract.
8.4
The stage should be easily accessible and should be covered, unless the parties have agreed differently in writing.
8.5
The Client is responsible for providing a professional 3- or 4-way active PA system with sufficient capacity for the entire venue and the expected number of attendees, ensuring that an appropriate volume across the full audio spectrum is delivered without distortion at every listening position. The Client must notify Dedicated Agency in writing of any sound level restrictions no later than 14 days before the performance.
8.6
A designated contact person on behalf of the Client must be present at the location from the Artist's arrival to departure. This contact person must be fully informed about all performance-related issues.
8.7
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.
8.8
The Client warrants that prior to, during and after the Performance at least the refreshments and items indicated in writing by the Artist, all in accordance with the Hospitality Rider, will be available in the dressing room. The Client will receive the relevant written statement not later than one (1) week prior to the Performance.
8.9
The Client is responsible for a good and beautiful light show operated by a professional lighting technician that can tastefully highlight a show. The Client warrants that the light and sound units and equipment relating to the Performance indicated in writing by the Artist, as well as any sound checks, all in accordance with the Technical Rider, will be available in good time before commencement of the Performance, meeting the specifications stated by the Artist. The Client will receive the relevant written statement not later than two (2) weeks prior to the Performance, also indicating the time at which the foregoing is to be available.
8.10
The Client ensures that everything mentioned above will be on time before the start of the performance and shall comply with the specifications given by the Artist. During the soundcheck there should be no public present (excluding staff).
8.11 The Client will procure all the required permits, exemptions, etc. in connection with the Performance. If any of the permits, etc. required are missing, Dedicated Agency and/or the Artist will have the right to cancel the Performance. In such event, the Client’s obligation to pay the agreed performance fee will always be maintained, and the Client will indemnify Dedicated Agency and/or the Artist against any third-party claims such cancellation. Without prejudice to the foregoing, Dedicated Agency will reserve the right, either also on behalf of the Artist and/or third parties or otherwise, to claim full damages from the Client.
9. Promotional materials
9.1 The Client must obtain prior written consent from Dedicated Agency for any references to, and/or the portrait of, the Artist on promotional materials, in the broadest sense. To this end, the Client will submit print proofs of the promotional materials, as specified, to Dedicated Agency for written approval in advance.
9.2 Any promotional materials containing a reference to, and/or the portrait of, the Artist may only be distributed with the prior written consent of Dedicated Agency and, if necessary, the Artist.
9.3 The Client will ensure sufficient promotion and publicity surrounding the Performance and guarantee proper credits to the Artist in all advertisements related to the Performance.
9.4 Without the prior written consent of Dedicated Agency and, if necessary, the Artist, the Client is prohibited from selling any audio recordings, placards, posters, and/or other items containing the name, portrait, logo, etc. of the Artist at or around the location of the Performance, either prior to, during, or after the event. The Client will take all necessary measures to prevent any third parties from offering and/or selling such items.
10. Safety
10.1
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 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.
11. Copyright
11.1.
Any fees or considerations related to copyrights and related rights for the purpose of publication and/or use of musical works and audio recordings, owed to organizations including but not limited to Buma/Stemra, Sena, and foreign sister organizations such as Sabam and Simim, shall be paid by the Client directly to the relevant organization.
12. Sponsoring
12.1
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.
13. Complaints
13.1
Any complaints regarding the (method of) performance of the Agreement must be submitted by the Client to Dedicated Agency in writing and with supporting details within 8 days of the performance of the Agreement. Any oral complaint must be followed by a written confirmation. If a complaint is not submitted to Dedicated Agency within this period, the Agreement will be considered to have been properly performed.
13.2
Complaints will not suspend the Client’s payment obligations.
13.3
Dedicated Agency must be given the opportunity to investigate the complaint. In the case of a valid complaint, the damage will be resolved as quickly and effectively as possible in consultation with all parties involved.
14. Bankruptcy, Lack of Power of Disposition, etc.
14.1
Without prejudice to the provisions of the other articles of these conditions, the Agreement entered into between the Client and Dedicated Agency will be dissolved, without any judicial intervention or notice of default being required, at such time as the Client is declared bankrupt, files for a (provisional) moratorium on payment of its debts, becomes the subject to attachment in execution, is placed under guardianship or administration, or otherwise loses the power of disposition or legal capacity in respect of all or part of its assets, unless the receiver in the bankruptcy or the administrator in respect of the (provisional) moratorium acknowledges the obligations ensuing from the Agreement as estate debts.
15. Applicable Law / Competent Court
15.1
The Agreement(s) entered between Dedicated Agency and the Client shall be exclusively governed by the laws of the Netherlands. Any disputes arising from such Agreement(s) shall also be resolved exclusively in accordance with the laws of the Netherlands. Any disputes will be exclusively adjudicated by the competent court in Rotterdam or The Hague, unless the subdistrict court in the place where the Client resides or has its registered office holds jurisdiction to hear the case.
15.2
If the Client is a private individual not acting in the course of their profession or business, the Client may, within one (1) month after being notified by Dedicated Agency that the matter will be submitted to court, choose to resolve the dispute with the court that has jurisdiction under the applicable law.
