General Terms and Conditions for event service, arrangements & bookings
1. Scope of application
The following General Terms and Conditions apply to the contractual relationships between the JH BLUES VIBRATIONS Agency (hereinafter referred to as the Booking Agency)) and its contractual partners e.g.: Promoters and/or Artists/Bands (hereinafter referred to as Clients). Any terms and conditions of the Client that deviate from these Terms and Conditions shall not be valid.
Contracts between the booking agency and the clients are created by:
*acceptance of a written offer (via e-mail, phone, fax, letter)
*the spoken word
*commitments via messenger services.
Within an existing contract with the client(s), there is a duty of cooperation on the part of the client(s). An overriding of the booking agency on the part of the client(s) is therefore expressly prohibited. The same applies to a potential third party (e.g. label) if it can be proven in writing that the booking agency, with the consent of the client(s), has already been in favorable negotiations for the client(s) with potential promoters or media for a longer period of time, or has already worked with parts of the band in this regard. The client(s) must inform the booking agency immediately in the case of specially negotiated concerts so that a commission can be claimed on the part of the booking agency. In case of violation on the part of the client(s), the full booking agency commission will be charged to the client(s) and the existing contractual relationship will be terminated with immediate effect due to breach of contract. Any recourse payments for lost sales, for all further concerts confirmed by the organizer through the booking agency, will also be invoiced in the full commission amount.
3. withdrawal from the contract / cancellation fees
A withdrawal of the client(s) is possible by written cancellation of the contract. In the case of a cancellation for reasons of incorrect double scheduling or NON- Force Majeure, illness, death or insolvency or Corona requirements by the legislator, cancellation fees are incurred, where a distinction is made between personnel costs and basic associated other expense costs (advertising costs, etc.).
Cancellation fees for agency personnel costs:
Cancellation up to 20 days before the event: 25% of the agreed amount.
Cancellation up to 10 days before the event: 50 % of the agreed sum.
Cancellation up to 3 days before the event: 75 % of the agreed sum.
Cancellation up to >3 days before the event: full agreed amount.
Travel expenses and other costs of the booking agency (e.g. consumables) are not charged in case of cancellation. If, immediately after the cancellation of a
contract by one of the clients, an order is placed on another date, the cancellation fees will be regulated separately. Cancellation by the booking agency is possible due to illness, accident,
death or other important reasons. In this case, the booking agency, insofar as the company still exists, will try to provide a replacement at the same conditions as agreed.
Cancellation of the contract must be made by the client(s) as early as possible in writing, but this does not apply to the Corona clause contained in the guest performance contract § 13 para. 4.
For personal injury and property damage during an event, the organizer is exclusively liable, unless the damage was caused by gross negligence or intentional conduct by the artist / band.
The client is liable for damages to the technical equipment of the artist/band caused by guests during an event. If the artist / band due to circumstances beyond his control and external influences (force majeure, natural disasters, official orders, operational disruptions at the organizer, power failure - or power fluctuations) can not provide the agreed services, the client has no right to withdraw from the contract, no claim for damages and no right to withhold payment.
of the booking commission (agency commission) on the part of the organizer, are to be made without deduction and exclusively to the booking agency directly. The following forms of payment are accepted: a) Cash payment before / during / at the immediate end of an event. b) By prior arrangement, also by bank transfer to an account named by the booking agency (see guest performance contract) immediately after receipt of invoice, but no later than 7 working days after the start of the event. Other forms of payment will not be accepted. The payment of the total invoice is to be paid separately by the client (organizer) to both parties (booking agency / artist or band), regardless of the success of the performance with the audience (see guest performance contract). Unjustified discounts and rebates will be claimed by the booking agency.
6. GEMA Fees, Taxes, Contributions to the Artists' Social Security Fund (KSK), Other Duties and Other Costs
GEMA fees, taxes, contributions to the artists' social insurance fund (KSK contributions) and other charges, as well as official registrations and permits that are necessary for the implementation of the event shall be handled by the client (organizer). Likewise electricity costs and other costs arising for the event shall be borne by the client (organizer).
7. Additional agreements
Require the written form.
8. Place of jurisdiction
For both contracting parties is Bielefeld.
9. Final provisions
The guest performance contract is to be regarded as an extension of the general terms and conditions.
Seat of the agency
JH BLUES VIBRATIONS Agency
Mr. Jörg Himmrich
32257 Bünde (Germany)