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STANDARD TERMS AND CONDITIONS OF SALE

  1. General terms and conditions
  2. 1. The organiser declares to be familiar with the artist's performance. The program is mutually agreed and declared to be agreed.
  3. 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
  4. 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
  5. 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
  6. - 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
  7. been delivered or the concert has been cancelled less than 30 days before the performance date.
  8. 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,
  9. 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
  10. discussion - and if this is financially feasible for the organiser. In case of cancellation by contractor 1, the already incurred (production) costs
  11. 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
  12. travel and accommodation costs. In the event of cancellation by Contractor 2, costs already incurred by Contractor 1 will always be borne
  13. by the artist. (E.g. costs of promotion, e.g. printed matter and online campaigns and specific expenses such as ordered catering).
  14. 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
  15. spectators allowed, the parties shall seek an arrangement to accommodate the restriction imposed to the best of their ability and thus reduce
  16. 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
  17. 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.
  18. factor 1.25 is within the financial possibilities of the organiser. Both parties will enter into dialogue on this matter.
  19. 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
  20. least equal to the contract price, for breach of contract. It will be immediately payable locally. All expenses - including those incurred to
  21. oblige the breaching party to fulfil the contract - shall be borne by the breaching party. Disappointing ticket sales or loss of subsidies cannot
  22. be invoked as force majeure.
  23. 6. Dissolution of the ensemble is a case of force majeure. Simply Boost The Artist BV  will propose a worthy alternative, but
  24. Contractor 1 has the free choice whether or not to choose this alternative.
  25. 7. If the performance is interrupted for any reason, the organiser still undertakes to pay the full buy-out fee.
  26. 8. The organiser is responsible for the declaration to the appropriate management company and any resulting request for payment of the
  27. copyright. This responsibility falls ipso jure to the organiser (RD 29 November 1969) and cannot be deducted from the agreed buy-out fee.
  28. 9. The organiser is responsible for the required permits and cannot claim force majeure in the event of their refusal.
  29. 10. Damage directly or indirectly inflicted and/or caused by the public, the organiser or persons helping with the organisation, whether paid or
  30. unpaid, to the musician's instruments and/or equipment will be reimbursed in full by the organiser at the assessed value of the instruments
  31. and/or equipment within one month of the damage. The organiser is responsible for the safety of all material and personal belongings of the
  32. 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
  33. course of the collaboration, from arrival at the concert venue to departure.
  34. 11. Admission for persons accompanying the musicians is free of charge. Their names are listed on the guest list. By default, the organiser
  35. 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
  36. guest list limited to a few places, any remaining places may be released for sale.
  37. 12. The organiser will comply with (local) legal provisions when hanging posters.
  38. 13. Both contracting parties undertake to conclude new agreements between the two of them via Simply Boost The Artist bv.
  39. 14. The organiser provides a neat, properly lit and lockable or guarded loge (backstage).
  40. 15. In case of dispute, only the Dutch-speaking courts of Antwerp are competent.
  41. Special terms and conditions
  42. 1. Stage: There should be a solid, stable and sufficiently large and comfortably accessible stage in accordance with accepted standards. During
  43. the concert, neither the musicians nor the audience should be disturbed by noise from other activities in the vicinity of the stage.
  44. 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
  45. the time mentioned above (*). The organiser will also ensure that there is free parking for the crew and musicians.
  46. 3. Rented instruments: If certain instruments need to be hired to perform the agreed program (piano, positive organ, etc.), Contractor 2 can
  47. arrange this on simple request, in the name and at the expense of Contractor 1. If necessary, Contractor 1 shall remain liable throughout the
  48. entire rental period, i.e. from delivery to return by the lessor.
  49. 4. Lighting: the organiser shall provide sufficient bright working light on and around the stage. During the concert, both the
  50. scores and the musicians must be well lit. The scores must be clearly legible and the musicians' facial expressions must be clearly visible.
  51. This should at all times avoid blinding the audience and musicians with spotlights. In the case of a classical performance in a church, an
  52. abbey or a chapel, extra attention should be paid to the lighting.
  53. 5. Sound: The concert is acoustic, unless explicitly stated otherwise. The organiser will ensure that all elements that may influence the acoustics
  54. of the location where the concert takes place are optimally tuned. (e.g. open or closed curtains, sound panels, floor mats, etc.).
  55. 6. Temperature: In case of a concert with acoustic instruments, the room should be heated to a normal room temperature. Noisy air conditioners
  56. or heaters should be switched off before the concert in case of an acoustic concert.
  57. 7. Technician: the organiser of the concert will provide expert technicians to adjust the lighting (and, if necessary, the sound system) in the
  58. concert location as optimally as possible and to keep the temperature as stable as possible.
  59. 8. Publicity: the organiser undertakes to mention the musician's name on all printed material. On simple request, performance text and digital
  60. 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.
  61. 9. Reception: Before, during and after the performance, unlimited free drinks & snacks will be provided by the organiser on or near the stage.
  62. By this we mean: still and sparkling water, coffee and tea, Coca Cola, fruit and chocolate bars.
  63. 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
  64. concert (leaf turner, tour manager, photographer or cameraman engaged by the ensemble, ...). This will be offered before the performance
  65. unless otherwise stated under 'Practical arrangements'. See also 'Practical arrangements' for number of persons.
  66. 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.
  67. Invoice terms and conditions
  68. 1. Invoices are payable according to the indicated payment term, to the IBAN indicated, with the specified structured communication.
  69. 2. Invoice protest should be reported within 8 days
  70. 3. Late payment implies interest of 1% per month and damages of 10% (min €250, max €1000).
  71. 4. In case of dispute, only the Dutch-speaking courts of Antwerp are competent.