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STANDARD TERMS AND CONDITIONS OF SALE
- General terms and conditions
- 1. The organiser declares to be familiar with the artist's performance. The program is mutually agreed and declared to be agreed.
- 2. If the performance cannot take place due to a government order, due to illness, accident or death of one of the two contracting parties or a
- close relative of these persons, or in case of any other form of force majeure, the party invoking force majeure must inform the other party
- as soon as possible. In the first instance, the parties will seek a new date within a reasonable time and - if financially feasible for the organiser
- - an advance of up to 20% of the buy-out fee will be charged. The balance of 80% will only be charged after the artistic performance has
- been delivered or the concert has been cancelled less than 30 days before the performance date.
- 3. In the event of force majeure, final cancellation can be made by mutual agreement. In the event of force majeure invoked by Contractor 1,
- the latter is expected to limit the loss of income for Contractor 2 through the payment of compensation - the amount of which is subject to
- discussion - and if this is financially feasible for the organiser. In case of cancellation by contractor 1, the already incurred (production) costs
- on the part of contractor 2 will always be borne by the organiser. These include, but are not limited to, costs of rehearsals and non-refundable
- travel and accommodation costs. In the event of cancellation by Contractor 2, costs already incurred by Contractor 1 will always be borne
- by the artist. (E.g. costs of promotion, e.g. printed matter and online campaigns and specific expenses such as ordered catering).
- 4. If the performance can only take place with a restriction imposed by the government or other official body, e.g. in terms of the number of
- spectators allowed, the parties shall seek an arrangement to accommodate the restriction imposed to the best of their ability and thus reduce
- any resulting loss of income as much as possible. This can be done e.g. by splitting the concert into two shortened parts, with the audience
- being changed after the first part. Against this arrangement, there is in principle no increase in the buy-out fee, unless an increase of e.g.
- factor 1.25 is within the financial possibilities of the organiser. Both parties will enter into dialogue on this matter.
- 5. Except in cases of force majeure, in the event of non-compliance with this agreement, damages will have to be paid by one of the parties, at
- least equal to the contract price, for breach of contract. It will be immediately payable locally. All expenses - including those incurred to
- oblige the breaching party to fulfil the contract - shall be borne by the breaching party. Disappointing ticket sales or loss of subsidies cannot
- be invoked as force majeure.
- 6. Dissolution of the ensemble is a case of force majeure. Simply Boost The Artist BV will propose a worthy alternative, but
- Contractor 1 has the free choice whether or not to choose this alternative.
- 7. If the performance is interrupted for any reason, the organiser still undertakes to pay the full buy-out fee.
- 8. The organiser is responsible for the declaration to the appropriate management company and any resulting request for payment of the
- copyright. This responsibility falls ipso jure to the organiser (RD 29 November 1969) and cannot be deducted from the agreed buy-out fee.
- 9. The organiser is responsible for the required permits and cannot claim force majeure in the event of their refusal.
- 10. Damage directly or indirectly inflicted and/or caused by the public, the organiser or persons helping with the organisation, whether paid or
- unpaid, to the musician's instruments and/or equipment will be reimbursed in full by the organiser at the assessed value of the instruments
- and/or equipment within one month of the damage. The organiser is responsible for the safety of all material and personal belongings of the
- artist and accompanists. He will also be held responsible in case of theft of material and/or personal belongings of the artist during the entire
- course of the collaboration, from arrival at the concert venue to departure.
- 11. Admission for persons accompanying the musicians is free of charge. Their names are listed on the guest list. By default, the organiser
- provides 10 good seats up to 72 hours before the start of the concert. If by then the organiser has not received a guest list or has received a
- guest list limited to a few places, any remaining places may be released for sale.
- 12. The organiser will comply with (local) legal provisions when hanging posters.
- 13. Both contracting parties undertake to conclude new agreements between the two of them via Simply Boost The Artist bv.
- 14. The organiser provides a neat, properly lit and lockable or guarded loge (backstage).
- 15. In case of dispute, only the Dutch-speaking courts of Antwerp are competent.
- Special terms and conditions
- 1. Stage: There should be a solid, stable and sufficiently large and comfortably accessible stage in accordance with accepted standards. During
- the concert, neither the musicians nor the audience should be disturbed by noise from other activities in the vicinity of the stage.
- 2. Access / Parking: the organiser will ensure that the musician and his equipment can reach the stage unhindered and that the stage is free at
- the time mentioned above (*). The organiser will also ensure that there is free parking for the crew and musicians.
- 3. Rented instruments: If certain instruments need to be hired to perform the agreed program (piano, positive organ, etc.), Contractor 2 can
- arrange this on simple request, in the name and at the expense of Contractor 1. If necessary, Contractor 1 shall remain liable throughout the
- entire rental period, i.e. from delivery to return by the lessor.
- 4. Lighting: the organiser shall provide sufficient bright working light on and around the stage. During the concert, both the
- scores and the musicians must be well lit. The scores must be clearly legible and the musicians' facial expressions must be clearly visible.
- This should at all times avoid blinding the audience and musicians with spotlights. In the case of a classical performance in a church, an
- abbey or a chapel, extra attention should be paid to the lighting.
- 5. Sound: The concert is acoustic, unless explicitly stated otherwise. The organiser will ensure that all elements that may influence the acoustics
- of the location where the concert takes place are optimally tuned. (e.g. open or closed curtains, sound panels, floor mats, etc.).
- 6. Temperature: In case of a concert with acoustic instruments, the room should be heated to a normal room temperature. Noisy air conditioners
- or heaters should be switched off before the concert in case of an acoustic concert.
- 7. Technician: the organiser of the concert will provide expert technicians to adjust the lighting (and, if necessary, the sound system) in the
- concert location as optimally as possible and to keep the temperature as stable as possible.
- 8. Publicity: the organiser undertakes to mention the musician's name on all printed material. On simple request, performance text and digital
- photos of the artist are available. Please always use an up to date version of the biography and not an old version from your own archives.
- 9. Reception: Before, during and after the performance, unlimited free drinks & snacks will be provided by the organiser on or near the stage.
- By this we mean: still and sparkling water, coffee and tea, Coca Cola, fruit and chocolate bars.
- 10. Catering: the organiser will provide a hot meal, unless agreed otherwise, for the musicians as well as for any other persons involved in the
- concert (leaf turner, tour manager, photographer or cameraman engaged by the ensemble, ...). This will be offered before the performance
- unless otherwise stated under 'Practical arrangements'. See also 'Practical arrangements' for number of persons.
- 11. Contact: The concert organiser should always be available on the day of the concert to solve practical problems in consultation with Simply Boost The Artist bv.
- Invoice terms and conditions
- 1. Invoices are payable according to the indicated payment term, to the IBAN indicated, with the specified structured communication.
- 2. Invoice protest should be reported within 8 days
- 3. Late payment implies interest of 1% per month and damages of 10% (min €250, max €1000).
- 4. In case of dispute, only the Dutch-speaking courts of Antwerp are competent.