GENERAL TERMS AND CONDITIONS OF SPENCE MUSIC PRODUCTIONS
- Artist means: the Artist of Spence Music Productions
- Client means: the (legal) person who grants the assignment to Spence Music Productions
- Performance attributes are understood to mean: light and sound installations, scenery, clothing (costumes), props, musical instruments or other goods that are clearly required for the performance.
- A buy-out sum is understood to mean: the total amount (excluding the applicable VAT rate) in which, in addition to salary (s), including the payroll tax and the UWV employee insurance premium insofar as these are due, to be paid by the agency that has been the Ministry of Finance is authorized by means of a decision number, turnover tax number, wage tax number; UVW identification number New General Business Association can be obtained from the agency and can also be checked at the relevant authorities.
Article 1 FORMATION OF AGREEMENTS
- All offers, both written and oral, are always without obligation.
- The offer becomes a definitive agreement when the Client confirms the booking with Spence Music Productions orally, or by fax or e-mail.
- Spence Music Productions will record the agreement with the Other Party in writing and send it to the Other Party as soon as possible. The Other Party will ensure that a signed copy of this agreement is in possession of Spence Music Productions immediately, but within a period of 7 (seven) days after the date.
- If Spence Music Productions has not received the copy of the agreement signed by the Other Party within 7 (seven) days after the date of the Other Party’s notice, then Spence Music Productions has the right to terminate the agreement, subject to the right to fulfillment. without becoming liable for damages, provided that this is communicated to the Other Party by post, fax or e-mail within a reasonable period of time.
- Additional work will be charged separately. Additional work is calculated on the basis of the conditions set when entering into the agreement. Less work will only be settled if Spence Music Productions has explicitly agreed to this in writing in advance.
Article 2 PROVISIONS RELATING TO THE EVENT
- The client declares, already by entering into the agreement with Spence Music Productions, to be fully aware of the performance of the Artist and / or the Supplier, as well as of the type and / or nature of the contracted performance.
- The rights to be paid on the basis of any intellectual property right, including to BUMA / STEMRA with regard to music rights and to SENA with regard to neighboring rights, will be for the account of the Client.
- Client guarantees:
- that in the case of an outdoor performance a stage is present and that this stage is sound, shielded and covered, so that the weather conditions cannot reasonably cause damage to the parties involved and / or the Artist’s business. In addition, the Client will then provide crush barriers at a distance from the stage;
- that, if circumstances at the time of the event make this necessary, a professional order service will be available on site in consultation with Spence Music Productions; client remains responsible for maintaining order during construction, performance and dismantling.
- that the Artist can travel the distance between dressing room and stage undisturbed and safely;
- that there is an orderly and lockable dressing room for the Artist, in any case provided with the necessary washing facilities, mirrors and necessary heating;
- that if it appears that the popularity of the Artist on the date of the event has increased significantly compared to the time of entering into the agreement, further appropriate security measures may be taken, failing which Spence Music Productions is entitled to perform the performance in question. cancel without becoming liable for damages;
- that if the Artist uses Riders and these have been declared applicable to the performance by the Artist prior to entering into the agreement with Spence Music Productions, these Riders will also be complied with by the Client. Spence Music Productions will inform the Client immediately about the Riders used by the Artist;
- Client declares to be aware of:
- that the Artist and his staff, who must be present at the performance, are entitled to two free drinks per hour during the performance, unless otherwise agreed in writing in advance;
- that the Artist and his staff, who must be present at the performance, are entitled to a free simple meal, if his participation in the event lasts longer than 4 (four) hours;
- that the Artist is entitled to pause for 10 (ten) minutes every contracted hour, unless otherwise agreed in writing in advance.
- Making image and / or sound recordings is only permitted after prior written permission has been obtained from Spence Music Productions.
7 a. Spence Music Productions reserves the right to still cancel a part of the event up to ten (10) days before the date of the event, or to move the event to another date in consultation with the Client (this under the same conditions), if the Artist has a television appearance or TV recording and / or a foreign tour on the date of the event, without Spence Music Productions becoming liable to pay damages to the Client.
- In case a situation arises as in paragraph 7a above. has been described, or the Artist is unable to perform during the event due to illness and / or force majeure, Spence Music Productions has the right to replace the performance in question by another equivalent Artist, with any reasonable reason additional costs will be charged to the Client, without this giving the Client the right to (partially) cancel the agreement with Spence Music Productions.
- Spence Music Productions guarantees to properly execute its obligations arising from the agreement concluded with Spence Music Productions with regard to the services to be provided and/ 0r the items to be made available.
Article 3 RIGHTS
The rights (of intellectual property) to all concepts developed and developed by Spence Music Productions for an (part of an) event, which are presented and / or made available to the Client, including offers, documentation, designs and / or other (written) elaborations, rest exclusively with Spence Music Productions. The Client is not permitted to use the aforementioned concepts without the prior written permission of Spence Music Productions or to make the contents thereof known to third parties.
Article 4 PRICES
- Quotations are always made on the basis of the prices applicable at the time of the offer and / or the conclusion of the agreement;
- If between the time of the conclusion of the agreement with the Other Party and the time of the fulfillment of the obligation under this agreement, price increases occur on the part of Spence Music Productions – for example with regard to tax charges, excise duties, labor costs, transport costs. , technical and / or organizational costs – should Spence Music Productions be entitled to charge these costs to the Client. If the aforementioned price increases are disproportionate to the amount of the quotations at the time of entering into the agreement, each of the parties has the right to dissolve the agreement;
- Unless stated otherwise, all quotations are exclusive of turnover tax and without the rights to be paid to BUMA / STEMRA and / or to SENA;
- A Buy-out sum includes any payable payroll tax and / or social insurance premiums.
Article 5 PAYMENTS
- Unless expressly agreed otherwise in writing in advance, payment by the Client must be made within 14 (fourteen) days after the invoice date, without the Client having the right to setoff and / or suspension.
- If the Client has not fulfilled all its payment obligations in time, it will be in default by operation of law. Spence Music Productions then has the right to claim legal compliance without further notice from the Client.
- In the event of incomplete, incomplete or late payment, the Client will owe interest for each month on the amount owed to Spence Music Productions, equal to the statutory interest plus a contractual interest of 2% (two percent), whereby part of the month is counted as a whole month in the calculation. In addition, the Client also owes Spence Music Productions the extrajudicial collection costs, which amount to 15% (fifteen percent) of the amount due, but with a minimum of € 250 (two hundred and fifty euros).
- Without prejudice to the above, the Client is obliged to reimburse all other costs reasonably incurred by Spence Music Productions, including the full legal costs.
- In the event that the Client acts in violation of paragraph 1 and / or paragraph 7 of this article, Spence Music Productions has the right to suspend its obligations towards the Client.
- In case there is more than one Client, each of the Clients is jointly and severally liable towards Spence Music Productions for the full payment of the invoice amount.
- Spence Music Productions is always entitled to request the Client to provide adequate security for the fulfillment of its payment obligations. The Client is always obliged to provide the requested security at the first request of Spence Music Productions.
- The Client undertakes never to make direct payments to Spence Music Productions to the relevant Supplier and / or Artist, unless otherwise agreed.
Article 6 CANCELLATION
- The Other Party must immediately notify Spence Music Productions in whole or in part of the cancellation of the agreement concluded with Spence Music Productions by registered letter.
2 a. In the event that the Client (partially) cancels the agreement concluded with Spence Music Productions more than 30 (thirty) days before the event, the Client is, in addition to any compensation, in any case 25% (twenty-five percent) of the total invoice amount towards Spence Music Productions due.
- From the 30th (thirtieth) day to the 14th (fourteenth) before the event, the Client owes 50% (fifty percent) to Spence Music Productions.
- For cancellation from the 14th (fourteenth) day to 7 (seven) days before the event, the Client owes 75% of the invoice amount.
- If the Client (partially) cancels the agreement with Spence Music Productions within 7 (seven) days before the event, he will owe the entire invoice amount.
- Article 7 of these general terms and conditions also applies to payments due in accordance with this article paragraph 2.
- The Client fully indemnifies Spence Music Productions against any claim by the Artist, Supplier and/or third party that ensues from the (partial) cancellation of the agreement.
Article 7 COMPLAINTS
In cases of unforeseen circumstances, the parties must immediately inform each other. Complaints, of whatever nature, regarding the performance of any obligation under the agreement concluded with Spence Music Productions must be reported immediately. Damages that may have occurred must always be kept to a minimum by both parties. In addition, complaints must be clearly described and well motivated, as soon as possible, but in any case within 7 (seven) days after the event, to be notified to Spence Music Productions by registered letter, under penalty of forfeiture of any claim.
Article 8 LIABILITY / INDEMNIFICATION
- Spence Music Productions can never be held liable by the Other Party for any damage, of whatever nature and regardless of the cause, except in the case of clear intent and / or gross negligence of the Artist of Spence Music Productions. If and insofar as any liability rests on Spence Music Productions, for whatever reason, this liability is at all times limited to the amount of the amount invoiced to the Other Party by Spence Music Productions at that time in accordance with the relevant assignment. if this has not yet happened, the amount to be invoiced in this respect.
- Spence Music Productions is not liable to the Other Party in the event of loss, theft and / or damage of funds and / or items belonging to the Other Party during the event.
- The Client is liable for any damage to and / or loss of items made available to the Client by Spence Music Productions or by third parties – whether or not for payment – as well as for damage to and / or loss of used items for the benefit of the performance of the Artist. The client indemnifies Spence Music Productions against any claim in this regard.
- In the event of Additional Work and / or Force Majeure (as referred to in Article 12 below), all costs / expenses of Spence Music Productions, including all costs / expenses of third parties, whether or not engaged by Spence Music Productions, entirely at the expense of the Client. The client indemnifies Spence Music Productions against third parties against any claim in this respect.
- Without prejudice to the power of Spence Music Productions to demand (partial or otherwise) compliance or dissolution of the agreement from the Other Party, the Other Party is fully liable for all damage, including consequential damage, of Spence Music Productions, resulting from the or not fully comply with any warranty and / or obligation mentioned in these general terms and conditions. The Other Party indemnifies Spence Music Productions against third parties against any claim in this respect.
Article 9 DISSOLUTION
- The parties are entitled to terminate the concluded agreement, therefore without notice of default or judicial intervention and without becoming liable for damages if:
– the bankruptcy of one of the parties is pronounced or a petition has been filed or the application of the Natural Persons Debt Rescheduling Act has been pronounced;
– the Client applies for a moratorium or that this is granted to him;
– the Client loses authority over his assets or a substantial part of them by seizure or otherwise;
– Spence Music Productions has good reason to doubt the Client’s ability to (timely) meet its obligations.
- If the case arises as described above in paragraph 1 of this article, any claim against the other party will be immediately due and payable.
Article 10 FORCE MAJEURE
- Unforeseen circumstances, of whatever nature, as a result of which Spence Music Productions cannot fulfill its obligations under the agreement concluded with the Other Party, or cannot do so in time or without additional efforts and / or costs that are detrimental in its opinion, will be for Spence Music Productions count as force majeure. Unforeseen circumstances include:
– mobilization, war, acts of war, terrorism;
– a day of national mourning;
– quota or other government measures;
– work strike;
– natural disasters;
– Artist’s illness;
– failure, late or inadequate fulfillment by a third party, on which Spence Music Productions depends for the execution of the agreement, to its obligations towards Spence Music Productions.
- With due observance of article 10 paragraph 4 of these conditions, Spence Music Productions is entitled in case of force majeure:
or to (partially) dissolve the agreement with the Other Party, such by a simple written notification thereof to the Other Party, therefore without judicial intervention and without Spence Music Productions becoming liable to pay damages to the Other Party; and / or shift the performance of the Artist to a new time or date. Insofar as this results in Meerwerk, Article 3 is paragraph
b of these general terms and conditions apply.
- Failure to obtain any necessary permits or exemptions on the part of the Client does not result in force majeure for the Client.
Article 11 LIABILITY / GATES
If one or more provisions of these general terms and conditions are or become non-binding, for example in the event that it is established in court that it is an unreasonably onerous clause, the other provisions remain in full force. Parties then undertake to replace a non-binding provision by a provision that is binding and that – in view of the purpose and scope of these general terms and conditions – deviates as little as possible from the non-binding provision.
Article 12 DISPUTES
- Dutch law applies to the agreements concluded by Spence Music Productions and the execution thereof.
- All disputes, which arise directly or indirectly from the agreement concluded by Spence Music Productions and the Other Party, are the exclusive jurisdiction of the judge in the District where Spence Music Productions is established, without prejudice to any jurisdiction of the subdistrict court.