General terms and conditions SoundFlex entertainment

These general terms and conditions apply to all contracts and offers after 01-07-2021. In the case that specific conditions or terms are altered (only allowed by agreement in written form) all other general conditions and terms listed below will still remain in effect.

DEFINITIONS

  • “SFE” = SoundFlex entertainment;
  • “Client” = the party that issues the Assignment to SFE;
  • “Artist” = the Artist(s) or band booked through SFE;
  • “Supplier” = SFE or the party who has committed itself directly or indirectly towards SFE to provide services and/or make things available, all this in the broadest sense of the word, such as, among other things, with regard to room rental, transport, decoration, light, sound, catering and security.
  • “Insertion” = usage of a sound system by inserting output cables of an audio source.

 

Index:
ARTICLE 1 – ESTABLISHMENT OF AGREEMENTS

ARTICLE 2 – DIGITAL AND ANALOGUE INFORMATION

ARTICLE 3 – OPTION

ARTICLE 4 – TERMS REGARDING THE ASSIGNMENT

ARTICLE 5 – NON-ACOUSTIC BANDS/ARTISTS

ARTICLE 6 – PAYMENT

ARTICLE 7 – CANCELLATION AND FORCE MAJEURE

ARTICLE 8 – WAITING CHARGES

ARTICLE 9 – INCONDITIONS/GAPS

ARTICLE 10 – DISPUTES

 


ARTICLE 1 – ESTABLISHMENT OF AGREEMENTS
 

  1. Both contracting parties recognize electronic communications and shall not deny their validity and legal effect due to the fact that the communications are electronic.
  2. E-mail messages are deemed to have been received if they are accessible to the other party, starting from the moment they have reached the mailbox or mailserver of the receiving party.
  3. According to European regulations, an Agreement (booking or purchase) is concluded electronically (read via the internet and/or e-mail), a legally valid Agreement (booking or purchase) to which the agreed payment must follow.
  4. Additional work will be charged separately. Additional work is calculated on the basis of the conditions set upon entering into the Agreement. Less work will only be settled if the parties have agreed this in writing in advance.
  5. The parties agree that Agreements concluded via electronic data traffic are binding between the parties and that information sent via electronic data traffic has binding evidential value in any legal proceedings with regard to the agreements existing between the parties, until the party proves the contrary. claims that the evidence is not reliable. In the event of a conflict as to the content, form or time of transmission/reception of electronic messages sent by the parties, or of the information entered or left by them via a website and the content, form or time of transmission/reception of the message received by SFE or of information received through the site, relevant information as recorded in SFE’s records and/or electronic databases will serve as compelling evidence in any legal proceedings, until the contrary is proved by the party invoking the fact that the evidence is not reliable.
  6. Information, images, announcements (provided orally, by telephone or by e-mail) and statements etc. with regard to all offers and the most important characteristics of the products are (re)displayed or provided as accurately as possible. However, SFE does not guarantee that all offers and products are fully in accordance with the information provided, etc. In principle, deviations cannot give rise to compensation and/or dissolution. 

ARTICLE 2 – DIGITAL AND ANALOGUE INFORMATION

  1. SFE treats the Client’s data in the strictest confidence. These are not made available to third parties, unless SFE is legally obliged to do so, or if this is necessary for the execution of the Assignment. If the Client provides data to SFE, this data will be recorded in a file.
  2. The Client has the right to use the name, logo, image and biographical data of the Artist in the context of the implementation of this agreement for the promotion of the performance. The Client is not permitted to promote and/or announce the Artist under a name other than that stated in the contract.
  3. The Client may not make Image and/or sound recordings of the Artist without written permission from SFE.

ARTICLE 3 – OPTION

  1. The Client may request an option for a performance on a specific date by an Artist posted on the SFE website. This option means that a Client, without any further obligation, has a first right to book the Artist for the selected date for seven (7) days.
  2. If a third party wishes to place a booking on the Client’s option date, the Client will be given 24 hours from that moment to exercise its first right to book. In such a case, the client will be informed by e-mail or telephone. If the Client has not made use of this first right to book within 24 hours, then all rights thereto will lapse.

ARTICLE 4 – TERMS REGARDING THE ASSIGNMENT

  1. The Client declares, already by entering into the Agreement with SFE, that it is fully familiar with the performances of the Artist and/or the Supplier, as well as with the type and/or nature of the concretely contracted performances.
  2. The Client declares to be familiar with the repertoire and the usual sound volume at performances by the artist. The bands of SF produce on average a volume between 95 and 100 dB(A) with peaks up to 105 dB(A).
  3. If the performance takes place outside, the Client must provide a cover with proper protection against rain and wind and a hardened dry surface. If no adequate cover is present the Artist is free to cancel the performance whilst still getting paid the full fee by the Client. Any damage by weather circumstances will be charged to the Client.
  4. The Artist is obligated to be present well in advance (at least 20 minutes before the start of the performance), with all items necessary for the Assignment, unless it has been agreed in advance in writing that certain items required for the Assignment will be supplied by SFE. , the Client and/or the Supplier will be provided.
  5. The Artist(s) must be fully visible to the public at all times and be able to make eye contact with the public. This visibility should also not be hindered by the stage construction at the front of the stage.
  6. The client is obliged to ensure that the Artist(s) can perform the performance responsibly and under safe conditions. In addition to the points mentioned in the technical and practical terms, this in any case includes: sufficient anti-bullying protection for Artist(s), their equipment and instruments. In the case of an outdoor performance: a covering of the stage and sound and light mixing tables, that the instruments are fully protected against weather conditions.
  7. The Client will provide technical and other facilities as stated in the technical and practical terms.
  8. With regard to the required playing space for the Artist, a minimum of 1,5 m2 per band member must be taken into account.
  9. The Artist reserves the right to work with a change in staffing regardless of the reason for the change, whereby the quality of the service provided by the Artist is guaranteed.
  10. If the Artist is unable to perform due to illness and/or other unforeseen circumstances, the Artist will work with a replacement.
  11. The Client will inform the Artist of any diversions, road blocks and/or closures that may impede direct access to the venue of the performance. Delays or non-performance, caused by the fact that these requirements are not or insufficiently met, can never lead to recovery of any damage from SFE and/or the Artist.
  12. If the Artist has or expects to be delayed on the way to the performance, the Client will be warned immediately. The Client will provide a contactable telephone number for this purpose. Artist will, as far as reasonably possible, take immediate measures in order to arrive at the destination as soon as possible.
  13. The monies to be paid on the basis of any intellectual property right, including to BUMA/STEMRA with regard to copyrights and to SENA with regard to neighboring rights, are for the account of the Client. If a private individual hires an artist for a private party for which no admission is charged, such as a birthday or wedding, no BUMA/STEMRA AND SENA rights need to be paid.
  14. Making image and/or sound recordings of the performance of the Artist in question is only permitted with prior written permission from SFE.
  15.  The Client guarantees that:
    1. in the case of the execution of an Assignment in the open air, a podium is present and that this podium is sound, shielded and covered, completely closed at the back and sides, so that the weather conditions cannot reasonably cause damage to, for example, those involved and/ or matters of the Artist, Supplier and/or SFE.
    2. if the circumstances at the time of the execution of the Assignment make it necessary for the Client to arrange for a professional on-site order service in consultation with SFE.
    3. law enforcement is arranged during construction, implementation and dismantling.
    4. there is a proper power supply on site. Any damage as a result of a failing and/or faulty power supply will be compensated by the Client. SFE can never be held liable for the consequences of a faulty and/or failing power supply. This unless explicitly agreed otherwise in writing in advance, for example because the Client has asked SFE to take care of the power supply independently.
    5. Artist can travel the distance between dressing room and stage undisturbed and safely.
    6. A clean and lockable dressing room is available for the Artist, in any case equipped with mirrors, lighting and necessary heating, unless otherwise agreed in writing.
    7. if an exemption is required for loading/unloading, the Client will take care of this.
    8. if the distance between the loading/unloading area and the playground is a distance longer than 25 meters and/or if the loading route is not properly paved, this will be communicated by the Client to SFE at least 14 days before the date of action, and additional carrying assistance and/or other precautions are provided by SFE. SFE will charge additional costs for this extra carrying aid and/or facilities, unless otherwise agreed in writing.
    9. at least 14 days before the date of the performance, the possible presence of three or more steps to be bridged of a maximum of 20 centimeters per step between the loading/unloading place and the stage have been communicated to SFE by the Client. In case three or more steps have to be bridged between the loading/unloading place and the playground, an extra carrying surcharge will be charged by SFE.
    10. if the terms in this article have not been complied with by the Client, an additional surcharge of € 75.00 will be charged prior to the performance, plus any additional costs for additional materials, on pain of unilateral cancellation of the performance by SFE. This amount will itself be settled on location on the date of the performance, unless the Client provides sufficient measures in the form of aids and/or carrying aids so that the Artist and her crew do not have to carry out extra carrying work that is in conflict with the ARBO legislation.
    11. for SFE, the Artist and its suppliers, a parking space within a radius of 400 meters after loading and unloading is available for all means of transport used by the Artist and her crew.
    12. Parking costs and any other costs (such as for crossing on a boat) are for the account of the Client and will be charged afterwards by SFE.
    13. if the Artist uses Riders and these have been declared applicable by the Artist to the execution of the Assignment by the Artist prior to the conclusion of the Agreement with SFE, the Client declares that these Riders will be observed and/or respected. In such cases, SFE will immediately inform the Client about the Riders used by the Artist.
  16. Delays or non-performance, caused by the fact that the requirements set out in Article 4.14 are not or insufficiently met, can never lead to recovery of any damage from the Artist or SFE.
  17. The Client declares that it is aware that:
    1. the Artist and his employees, who must necessarily be present during the execution of the Assignment, are entitled to two drinks per hour during the execution, unless otherwise agreed in writing in advance;
    2. the Artist and his employees, who must necessarily be present during the execution of the Assignment, are entitled to a simple but nutritious hot meal (no snacks, bread and soup meal), unless otherwise agreed in writing in advance. The Client agrees in advance with SFE on what this meal will consist of.
    3. If the client is in default of the above, the Artist has the right to order (possibly externally) suitable meals, the costs of this are for the account of the client.
    4. the Artist is entitled to take a break of at least 15 (fifteen) minutes each contracted hour, unless otherwise agreed in writing in advance.
  1. The Supplier agrees to provide the correct execution of obligations under the agreement concluded with the SFE with regard to the delivery and/or the items to be made available.
  2. The Client guarantees the safety of the Artist, Crew and other supervisors.
  3. If there is a travel distance of at least 225 kilometers for the Artist (one way), unless otherwise agreed in writing, the Client will provide the Artist and Crew with an overnight stay including breakfast for the night following the performance by the Artist at the Client. A separate hotel room will be made available for each member of the Artist and Crew. The hotel facility is of a reasonable quality (at least two stars in accordance with the ANWB classification).

ARTICLE 5 – NON-ACOUSTIC BANDS/ARTISTS

This article pertains to performances of bands/artists that are not fully acoustic and therefore consists of electrical equipment.

  1. The use of equipment by the Client and/or guests of the Client for pieces, songs, etc. is only permitted after prior consultation with the Artist.
  2. The ‘insertion’ of a DJ or other (tape) act to the installation of the Artist is not allowed unless agreed in advance after consultation. The artist has the right to charge an extra fee for ‘insertion’.
  3. For inserting a DJ/artist/band not booked through SFE on the SFE sound system, an additional cost of € 50.00 will be charged unless otherwise agreed.
  1. The use of a so-called sound limiter/limiter is not permitted, the Artist has a right to cancel the performance if there is no option available to perform without a limiter while still retaining rights to the full fee.
  2. If at the time of the performance it turns out that a sound limiter/limiter is still present, without prior consultation and coordination, the Artist reserves the right to cancel the performance.
  3. The Client must ensure that the band members have free and direct access to a cleared stage for 2 hours before the start of the performance to carry out their construction work. If SFE also takes care of the sound system, the Client must also ensure that the crew of the sound system have free and direct access to the location and a cleared stage for 4 hours prior to building the band to perform their construction work.
  4. If the sound installation is provided by a supplier other than SFE, SFE will arrange a sound engineer to operate it, for which an additional cost of € 200.00 and additional travelling costs will be charged to the Client. However, this only applies if the booked Act consists of more than 3 artists.


ARTICLE 6 – PAYMENT

  1. Payment must be made by bank no later than one month prior to the performance, unless otherwise agreed. If otherwise agreed, a deposit is requested that must be paid by bank no later than 7 days after confirmation of the performance.
  2. In the event of non-payment, incomplete payment or late payment, the Client owes interest for each month on the amount owed to SFE equal to the statutory interest plus a contractual interest of 2% (two percent), whereby part of the month the calculation is regarded as a whole month.
  3. In that case, the Client also owes SFE the extrajudicial collection costs. For private customers, the following applies in accordance with the law on collection costs:
    1. 15% on the first € 2,500 of the principal sum of the claim, with a minimum of € 40;
    2. 10% the following € 2,500 of the principal sum of the claim;
    3. 5% on the next € 5,000 of the principal sum of the claim;
    4. 1% on the next € 190,000 of the principal sum of the claim;
    5. 5% on the excess of the principal with a maximum of € 6,775.
    6. The following applies to business customers:
  4. 15% on the first € 3,200 of the principal amount of the claim, with a minimum of €125;
  5. 10% on the next € 6,500 of the principal sum of the claim;
  6. 7% on the next € 16,250 of the principal amount of the claim;
  7. 4% on the excess up to € 65,000 of the principal sum of the claim;
  8. 1% on the next € 190,000 of the principal sum of the claim;
  9. 2% on the excess.
  1. In addition to all of the above the Client is obligated to reimburse all other costs reasonably incurred by SFE, for example for the benefit of Suppliers, including the full legal costs.
  2. In the event that the Client acts contrary to this article, SFE has the right to suspend its obligations towards the Client.
  3. In the event that there is more than one Client, each of the Clients is jointly and severally liable towards SFE for full payment of the invoice amount. SFE is always entitled to request the Client to provide adequate security for the fulfillment of its payment obligations.
  4. The Client is always obliged to provide the requested security at SFE’s first request.
  5. The Client undertakes never to make direct payments towards SFE to the relevant Supplier and/or Artist, unless otherwise agreed.
  6. In the case that inflation and/or fuel prices have risen more than 5% between the quotation date and the date of the performance, SFE has the right to charge the Client for those additional costs.


ARTICLE 7 – CANCELLATION AND FORCE MAJEURE

  1. In the event of demonstrable force majeure that could not have been foreseen at the time of the agreement, this Agreement may be canceled free of charge (with the exception of costs already incurred and time spent by artists and management) and without further notice of default. Force majeure means:
    1. mobilization, war, molestation, terrorism;
    2. a day of national mourning;
    3. government measures as a result of which action cannot take place in any form;
    4. natural disasters as a result of which the event cannot take place;
    5. illness of the Artist;
    6. very serious illness of a relative in the first degree;
    7. death of a relative in the first degree.
  2. This cancellation right in the event of force majeure applies to both SFE and the Client.
  3. The absence of permits does not constitute force majeure and the Client will in that case pay the fully agreed fee to SFE.
  4. Cancellation due to force majeure must be made in writing to SFE with the reason for the force majeure and proof of force majeure (doctor’s statement, etc.).
  5. If the Client wishes to cancel the Agreement, he must notify SFE of this in writing. SFE retains it’s right to compensation according to the law. In the event of cancellation of the performance or assignment, SFE is entitled to the full fee, or at least a reasonable percentage thereof, depending on the term of cancellation by the Client. The cancellation fee is calculated according to the following scale:
    1. Cancellation within 6 days prior to the performance: 100% of the fee.
    2. Cancellation within 7 to 14 days prior to the performance: 75% of the fee.
    3. Cancellation within 14 to 30 days prior to the performance: 50% of the fee.
    4. Cancellation within 31 to 60 days prior to the performance: 25% of the fee.
    5. Cancellation 61 to 120 days prior to the performance: 10% of the fee.
    6. Cancellation more than 121 days prior to the performance: no charges.
  6. These costs are immediately due and payable from the moment of cancellation.
  7. In the event of cancellation as described in article 15.1 the calculated travel costs and any surcharges for waiting and night hours do not have to be paid insofar as they have not yet been incurred.


ARTICLE 8 WAITING CHARGES

If band members have to be present for more than 1 hour (not including the duration of their performance), then waiting hours will be charged at 15,00 euros per person per hour in addition to the agreed upon costs of the performance unless agreed upon otherwise.

 

ARTICLE 10 INCONNECTION/GAPS

If one or more terms of these general terms and conditions should be or become non-binding, for example in the event that it is established in court that it concerns an unreasonably onerous term, the other terms will remain in full force and effect. In that case, the parties undertake to replace a non-binding term with a term that is binding and which – in view of the purpose and purport of these general terms and conditions – deviates as little as possible from the non-binding term.


ARTICLE 11 DISPUTES

Dutch law applies to the contracts made with SFE and their implementation. All disputes, which arise directly or indirectly from the Agreement concluded by the SFE and the Other Party, only the court in the District of ‘s-Hertogenbosch has jurisdiction, unimpeded to any jurisdiction of the sub district court.