TERMS & CONDITIONS
1. COLLECTING SOCIETIES, TAXES & OFFICIAL PERMITS
The promoter is solely obliged to assume all taxes as well as the duties for the performance of copyprotected works to the countries collecting society. Unless otherwise determined in this contract, the promoter will execute the event in his own name and on his own account; the promoter exempts the artist and agency from all claims by third parties, which could arise against them regarding the performance at this event. The exemption also includes all legal costs.
In the event that the artist is of foreign nationality, the promotor agrees to bear all costs for any Dutch taxes applicable to foreigners. The promotor bears all costs for any kind of artist’s social taxes and will pay these costs to the respective institutions.
The promotor confirms that he is fully aware of these obligations, prior to signing this contract, and that he pays these taxes periodically. The promotor is obliged to obtain all necessary permits for the event and bear the cost for these permits.
2. PERFORMANCE
The creative arrangement of the performance is left solely to the artist. The artist is never subject to any instructions from the promotor or third parties, regarding this right. The way in which the artist will execute the performance is known and approved to the promotor in advance. Any possible restrictions on the creative arrangement must be written down and agreed on by agency and artist at the signing date of this contract.
Any alterations of the creative arrangement after signing date of this contract need to be communicated with agency as soon as possible. When agreed upon by agency and artist, promotor is allowed to alter creative arrangement. Any expenses paired with this alteration are paid by promotor. Agency and artist bear the right to cancel performance if creative arrangement is altered to such extend that quality of the performance is no longer guaranteed by artist.
In case of cancellation due to altered creative arrangements, the promotor is obliged to pay 50% of the artist fee, as well as 100% of the booking fee and travel expenses, as long as the cancellation is made up to 4 weeks prior to the event. If the performance is cancelled less than 4 weeks prior to the event, the promoter is obliged to pay 100% of all artist and booking fees as well as travel expenses.
3. CANCELLATION AND ABANDONMENT OF THE EVENT
If the performance is cancelled by the promotor or due to a reason for which he is liable or for which is within his risk sphere, the promotor is obliged to pay 50% of the artist fee, as well as 100% of the booking fee and travel expenses, as long as the cancellation is made up to 4 weeks prior to the event. If the performance is cancelled less than 4 weeks prior to the event, the promoter is obliged to pay 100% of all artist and booking fees as well as travel expenses. Should the artist be unable to perform due to illness or any other reasons for which the promotor is not liable (e.g. act of God, strikes, flight cancellation or rescheduling etc.) the liability to perform as well as the liability to pay the performance fee remains applicable. All costs and payments made up until this point are nonrefundable. However, the artist agrees to make an effort to find an alternative date – without accepting a statutory duty in this regard. An alternative date can only be agreed upon by written agreement between both parties. Compensation claims from the side of the promotor are excluded.
Having no licenses, as wel as bad weather conditions are not regarded as force majeure. These points are for the risk of the promotor.
The artist has the right to cancel or abandon the performance in the following cases: When the artist or his crew is endangered; when the audience is endangered; when it is not possible to execute the performance under proper technical conditions. In those cases the artist is no longer obligated to to execute the agreed performance, but keeps the claim for payments according to this contract. Compensation claims from the side of the promotor are excluded.
4. GUESTLIST
The promotor agrees to provide the artist complimentary tickets (1 gueast each bandmember).
5. The Agency
The agency (2 persons) has access to the event, incl backstage area.
6. CHANGES & ADDITIONS
Changes and additions to this agreement require written form. Should any part of this agreement become void or challenged, the remainder remains unaffected.