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    Terms and conditions

    Terms and conditions

    General terms and conditions and payment conditions of: A&A Music B.V. Transistorstraat, 1322 CL Almere, The Netherlands

    Article 1: definitions

    Registered in the Trade Register at the Chamber of Commerce in Almere: 39077920.

     

    In these General Terms and Conditions (the “GTC”) the following terms will have the following
    meaning, unless stated explicitly differently:

    • A&A Music: the booking agency for and representative of artists and the user of these
    • GTC, hereinafter “A&A Music”;
    • Principal: the natural or legal person that books through A&A Music one or more artists and/or shows, hereinafter “the Principal”;
    • Artist: the performing artist, more specifically the disk jockey, who has committed
      himself towards A&A Music to organize and execute performances;
    • Performance: the artistic performance of the Artist;
    • Agreement: the agreement that A&A Music as the attorney-in-fact of the Artist and the
    • Principal conclude further to a booking of an Artist for a Performance;
    • Release Sum: the total amount agreed upon that the Principal is liable to pay for a booking of
    • an Artist to A&A Music, exclusive of VAT and possible due wage tax and the
    • premium for employee insurances;
    • Parties: A&A Music and/or the Artist and/or the Principal whether jointly or not.

    Article 2: Applicability GTC

    These GTC are applicable to all offers and on all agreements of A&A Music BV located in Almere, the Netherlands, hereby including the offers and agreements that A&A Music issues on behalf of the Artist and concludes with the Principal.

    Other terms and conditions shall only form part of the Agreement concluded between Parties if and insofar parties have agreed so in writing explicitly.

    The acceptance by the Principal without comments and keeping an offer or order confirmation, in which is referred to these GTC shall be deemed to be an agreement with the applicability thereof.

    If a stipulation in these GTC or a part thereof is possibly not applicable, then such will not be the applicability of the remaining stipulations.

    If one of the stipulations in these GTC proves to be invalid, then this shall be replaced by a stipulation with an identical tenor.

    Article 3: Agreements

    Agreements become only binding by means of a confirmation in writing by A&A Music.

    Additions or changes to the GTC or other changes or additions to the Agreement become only binding after confirmation in writing by A&A Music.

    Agreements can only be concluded between A&A Music and the Principal. The Principal shall refrain from approaching an Artist directly and/or from concluding an agreement with the Artist, without explicit permission in writing by A&A Music.

    Article 4: Offers

    All offers, tenders, pricelists, times etc. of A&A Music are non-binding unless they contain a term for acceptation. If an offer or special offer contains a non-binding offer and this offer is accepted by the Principal, then A&A Music has the right to recall the offer within two working days after the receipt of the acceptation.

    The Principal cannot drive rights from images and descriptions in offers, folders, catalogues, and other promotional material provided by or on behalf of A&A Music. Aforementioned data do not bind A&A Music.

    Article 5: Employment third parties

    A&A Music is authorized, for the execution of what has been agreed, to employ third parties.

    Principal shall carry the reasonable costs for the employment of third parties, unless agreed differently in writing.

    Article 6: Extra work and outside the Netherlands

    A&A Music has the right to charge extra costs, because of the emergence of an impediment, of whatever nature, in the progress of the execution of the Agreement and/or because of activities that have not been recorded in the Agreement, as extra work to the Principal.

    Extra work shall be calculated proportionally and will be invoiced separately, after the execution of the Agreement.

    If the Performance takes place outside the Netherlands, Principal shall arrange for proper transport, a stay in a hotel with at least 4 stars, as well as a meal during the day. Principal shall carry the costs hereof. If A&A Music and/or Artist have been required to incur expenses, then this shall be charged to the Principal afterwards.

    Article 7: Artist and performance

    The Principal declares to be fully acquainted with the Performance of the Artist, as well as with the sort or nature of the contracted Performance.

    The Principal warrants that before, during and after the Performance at least the consumptions and objects stated in writing by the Artist will be present in the dressing room.

    The Principal warrants that the light and sound installations and equipment stated in writing by the Artist in relation to the Performance and possible sound-checks will be timely present before the commencement of the Performance and also shall comply with the specifications stated by the Artist.

    The Principal ensures the presence of all possibly required permits, exemptions, etc. In case of the absence of one or more of the required permits, etc. A&A Music has the right to cancel the Performance. In such a situation the obligation of the Principal to pay the agreed Release Amount shall at all times continue to exist and the Principal will safeguard A&A Music and the Artist against claims from third parties. Notwithstanding the aforementioned A&A Music reserves the right to claim full compensation for damages from the Principal.

    The Principal guarantees that:

    • If others in the concerned space where the Performance shall take place, also have to execute activities, then these activities shall be ended before they shall start using the space, in order to be able to make preparations without hinder;
    • A&A Music, third parties employed by it and the Artist shall have free access to the room where the Performance shall take place and that the preparations can be executed without disturbance;
    • There is a proper (dressing) room available for the Artist, that this room can be properly heated and that in this room there is lighting, a mirror and power supply, as well as that the room can be locked in a proper way;
    • There is a proper covered or coverable stage, unless agreed differently in writing;
    • There are sanitary facilities within a reasonable distance;
    • The requested matters, following the written statements as set forth in the sections 2 and 3 of this article are present;
    • The work environment complies with the applicable lawful requirements and that the safety of the Artist before, during and after the Performance is safeguarded, among others by means of sufficient (security) personnel, fences, stage-hands, etc.;
    • The maximum number of permitted persons, on the basis of the fire regulations and/or other regulations, from the side of the government or otherwise, shall not be exceeded in the area where the Performance shall be executed;
    • Without prior permission in writing by A&A Music no sound and/or video recordings of the Performance shall be made and shall take all necessary measures thereto to prevent that third parties shall make sound and/or video recordings of the Performance without permission, a violation of which shall lead to a contractual fine payable by the Principal of € 10,000 per violation, which fine is payable directly on demand and which is not eligible for compensation or set-off, notwithstanding the right of A&A Music and/or the Artist to claim full compensation for damages in addition;

    A&A Music ensures that the Artist will be present timely before the commencement of the Performance on the agreed location, having with him all that is required for the Performance insofar this should not be supplied or arranged for by the Principal.

    The location where the Performance shall take place will be recorded in the Agreement and is binding. The Principal makes a route description available.

    The time of day on which the Performance shall commence, as well as the duration of the Performance, shall be recorded in the Agreement and shall be binding. The time of commencement is indicative and can never be regarded as a fatal term. At the request of the Principal and with the consent of the Artist the duration of the Performance can be extended or the time of commencement can be moved. The duration of the extension shall be charged to the Principal as extra work.

    A&A Music has the right to provide the Principal with a guest list of a minimum of five (5) persons per Performance.