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Conditions

Terms of Service

1. General

For all services (customer care, conception, organization and planning of events and the brokerage of third party services) between the customer and Münster Klassik (agency), these general terms and conditions apply exclusively. Conflicting terms and conditions of the customer are only effective if they are recognized in writing by the agency. Agreements that differ from these terms and conditions must be made in writing. Should individual provisions of these terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. 

2. Conclusion of the contract

The basis of the business relationship is the respective event offer, in which all agreed services (complete scope of services) as well as remuneration are recorded. The agency's offers are non-binding. 

3. Scope of event services

The scope of the contractual services results from the written order confirmation. Subsidiary agreements or changes that change the scope of the contractual services must be made in writing. 
The agency will notify the customer immediately of changes or deviations in individual services from the agreed content of the contract, which become necessary after the contract has been concluded. Insofar as the agreed content of the contract is not or only insignificantly affected by the changes, the customer has no right of termination due to these deviations. The agency is entitled, in coordination with the customer, to change parts of the event schedule deviating from the service description.
 
Insofar as the agency concludes contracts for the implementation of an event with third parties, such a contract is concluded in the name and with power of attorney of the customer. This applies in particular to the rental of rooms, the conclusion of contracts in the catering sector and the conclusion of contracts with artists and other third parties.
 

4. Event services and fees

Unless otherwise agreed, the agency is entitled to remuneration for each individual service as soon as it has been provided. 
The agency is entitled to request advance payments of up to 70% of the remuneration claim to cover its expenses.
 
The agency's cost estimates are non-binding.
                            Placement work for artists is remunerated at 20% of the net fee. 

5. Ownership and Copyright Protection

All agency services (e.g. ideas, concepts for events, texts, etc.), including individual parts thereof, remain the property of the agency. By paying the fee, the customer only acquires the right to use it for the agreed purpose. Unless otherwise agreed with the agency, the customer may only use the agency's services himself and only for the duration of the contract.
Changes to the agency's services by the customer are only permitted with the express consent of the agency and - insofar as the services are protected by copyright - the author.
 
For the use of services of the agency that go beyond the originally agreed purpose and scope of use - regardless of whether this service is protected by copyright - the consent of the agency is required. The agency and the author are entitled to separate appropriate remuneration for this.
 

6. Termination

In principle, the clients have the right to terminate the contractual relationship with the agency at any time. However, the premature termination of the contractual relationship obliges the customer to pay the agreed fees or advance payments already made according to the following graduation:  
up to 3 months before the event date = 50% of the agreed fee
 
up to 6 weeks before the event date = 70% of the agreed fee
from 3 weeks before the event date = 100% of the agreed fee
 
This applies in particular to prepayments already made for booked artists who are under contract with the agency at the time the contract is concluded. The reason for extraordinary termination for both contracting parties remains unaffected. The agency is entitled to this right in particular if the agreed fee is not paid by the customer by the due date.
 

7. Liability

The agency undertakes to conscientiously prepare, select and monitor the service providers in accordance with the due diligence of a prudent businessman. 
The agency's liability is based exclusively on the written agreements between the parties. All claims not expressly granted here - including claims for damages, for whatever legal reason - are excluded, unless they are based on an intentional or grossly negligent breach of contract by the agency, a legal representative or vicarious agent.
 
In addition, the contracting parties agree that a claim for damages against the agency is limited in terms of amount, regardless of the legal basis, to the agreed fee.
 
The customer (organizer) undertakes to take out organizer liability for the event.
 

8. Payment

Agency invoices are due immediately after receipt of the invoice without any deductions. In the event of late payment, default interest of 8 percentage points is agreed. The customer may only offset undisputed claims or assert a right of retention. 

9. Warranty and Compensation

The customer must submit complaints immediately (within three working days of the agency's performance) in writing and give reasons. In the case of justified and timely complaints, the customer has the right to compensation. The contracting parties agree that a claim for damages against the agency is limited to the agreed fee, regardless of the legal reason. 
Claims for damages by the customer, in particular due to impossibility of performance, positive breach of contract, negligence when concluding the contract, defective or incomplete services or due to unlawful acts are excluded, unless they are based on intent or gross negligence on the part of the agency.
  

10. Applicable Law

German law is to be applied exclusively to the legal relationship between the customer and the agency and to the question of a valid contract as well as its pre- and post-effects. 

11. Place of jurisdiction

The place of jurisdiction for all direct and indirect disputes between the agency and the customer is agreed to be the seat of the agency's business premises. 

12. Subsidiary agreements / written form

The contracting parties agree on strict confidentiality of all knowledge arising from business dealings with third parties, even after the contractual relationship has ended. 
Should one or more of the agreements made in this contract be legally ineffective, this shall not affect the validity of the remaining provisions.
 
Claims from this contract can only be assigned by the customer with the agency's prior written consent. The customer's attention is drawn to the fact that data will be saved as part of the execution of the contract.
 

AGB: Text

Example terms and conditions elsewhere

Scope:
HZDJ.de represented by YH-Events, Kulmbach arranges DJs, artists and musicians for events and carries out orders under the following conditions. A contractual relationship arises between the organizer, hereinafter referred to as the AG (client) and the respective DJ, artist or musician hereinafter referred to as the AN (contractor).
Performance conditions:
For outdoor events (open air, courtyard party, etc.), a suitable, functional and adequately secured roofing for contractors and technology in a size of at least 3m x 3m must be provided by the client. At temperatures below 18 degrees Celsius, a suitable, sufficiently dimensioned heating system including operating resources must be provided by the client. An appropriate climate must also be ensured indoors. If a stage is set up, it must be stable and secure. Otherwise the performance can be refused, whereby the fee claim of the contractor remains unaffected. The AG must ensure that when using pyrotechnics or water show technology, a sufficient safety distance to the AN and his technology is maintained. If this is not observed by AG, he is fully liable for any damage. If these points are not taken into account, the performance can be canceled or broken off. The demand for the agreed fee (gross) remains in place.
Withdrawal from the contract:
In the event of serious illness, accident or force majeure, both partners are entitled to withdraw from the contract. This also includes, for example, events that cannot be carried out due to a pandemic. We define events as "not feasible" that may have fewer than 50 people / guests in total, where mouth / nose protection does not only have to be worn at the seat or those that do not allow dance (even with restrictions). The contractor's duty to perform and the client's duty to pay are no longer applicable. The other partner must be informed of these extraordinary reasons for termination as soon as they become known. In this case, the contractor is entitled to oblige a replacement. If a replacement can no longer be required, the fee and the performance obligation of the contractor do not apply. Furthermore, the contractor has the right to withdraw from bookings for media, tour and foreign appearances. In this case, too, the contractor is entitled to undertake a replacement. If a replacement can no longer be required, the fee and the performance obligation of the contractor do not apply.
Change of contract, validity of contracts, termination of contract:
Contracts cannot be changed, but they can be re-concluded with mutual consent. Contracts by fax, e-mail or internet booking are generally recognized as binding by the contractual partners, even without a signature. A termination (revocation) of the contract after a declaration of intent by both partners is not possible, as these are contracts for the delivery of goods or services that are made according to customer requirements or that are clearly tailored to personal needs or that, due to their nature, are not suitable for a Return are suitable. Contracts for the provision of services, the execution of which started with the consent of the consumer before the end of the withdrawal period of 7 working days anchored in the EU Distance Selling Directive, are also excluded. For a contract termination / cancellation, we charge the following cancellation costs as a percentage of the agreed order volume: Cancellation more than five months before the event: 25%; Cancellation between five and three months before the event: 50%; less than three months before the event: 75%
Contractual penalty:
If one of the contractual partners fails to provide the service due to negligence and a reason that can be influenced by one of the risk spheres, the agreed fee is to be paid to the other partner as a contractual penalty.
Authority of the client to issue instructions:
The contractor is to be guaranteed free design and presentation of his program and no artistic or technical instructions are to be given (except, if applicable, volume). A music request sheet worked out with the client or his representative serves as a guideline for the event.
Payment due date:
If cash payment is agreed, the fee is due in full after the sound check at the latest and is to be paid in cash to the contractor or an authorized person. A different payment period can be agreed in individual cases. If payments are deferred or if the AG is in default, interest of at least 5% above the respective discount rate of the Deutsche Bundesbank will be charged. In the event of default in payment by the client, all payment claims against him are due immediately. Claims of the AG against the AN cannot be assigned. The client is not entitled to a right of retention. Offsetting against counterclaims by the client is excluded, unless the counterclaim is undisputed or legally established (contractual). Authorized persons are entitled to collect payments.
Liability of the client:
The AG assumes liability for the security of the AN, as well as for the equipment brought into the event location by the AN or commissioned company.
Official regulations:
The client assures that the implementation of the event is not in conflict with any official or other provisions. The AG will duly register the event with all necessary institutions such as the public order office, GEMA, police, etc. The client bears the resulting costs.
Care:
Catering (food and non-alcoholic beverages) is to be provided to the contractor free of charge within the usual framework.
Data protection:
The transmitted personal data will be processed according to the legal regulations.
Agreement on the jurisdiction of the courts:
According to Section 38 (1) of the German Code of Civil Procedure (ZPO), agreements on the place of jurisdiction between merchants are permitted. In this case, Kulmbach is the place of jurisdiction. Otherwise the regulations listed in §§ 20 ff. ZPO apply.
Severability clause:
Should individual provisions of these terms and conditions not be legally effective or lose their legal effectiveness due to a later circumstance or should a loophole emerge in these terms and conditions, this shall not affect the legal effectiveness of the remaining provisions. In place of the ineffective provision, or to fill in gaps, an appropriate regulation should appear, which - as far as possible - comes as close as possible to what HZDJ.de (represented by JH-Events) would have wanted if they had considered this point .

AGB: Text
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