Delivery conditions in accordance with industry association ABC
1 / Customer's obligations* The customer shall, at his expense and risk, take care of any required (municipal) permits.
* The customer provides nearby free, spacious (and secured) parking, so that the artist can load and unload efficiently and he can leave his car (in which materials may) stand (safely) during his performance.
* The customer provides a lockable dressing room / washing area, where the artist can leave his property without any objection.
* The customer is responsible for a reasonable number of free drinks of a simple nature at the artist's discretion.
2 / Technique
If applicable, a separate technical data sheet will be drawn up, stating which technical requirements must satisfy the space in which the service is provided. Even without a technical data sheet, the customer ensures that he is aware of the requirements that the room must meet and that he is satisfied.
3 / Cancellation
* Parties must notify the other party of any cancellation by registered letter
* Cancellation of the service by the customer can only take place free of charge up to 30 working days before the date of service
* In the event of cancellation of the service by the customer from 30 working days to 15 working days before the date of service, the customer will owe 50% of the fee to the artist.
* In the event of cancellation of the service by the customer from 15 working days to 5 working days before the date of service, the customer will owe 75% of the fee to the artist
* In the event of cancellation of the service by the customer within 5 working days before the date of service, the customer will owe the full fee to the artist.
* In the event of cancellation by the artist, the customer will not owe any fee. Cancellation by the artist will not incur liability for any damage that the other party suffers as a result, unless parties have explicitly agreed otherwise in writing
4 / Force majeure
* Artist is not obliged to fulfill his obligations in case of force majeure as mentioned in article 6:75 BW. In that case, the customer does not owe any fee.
* Force majeure is in any case in case of illness of the artist, but also if circumstances (foreseen or unforeseen) can no longer reasonably require the artist to fulfill his obligations (further). This is the case, for example, in the case of illness of deployed personnel, transport problems or any other circumstance on which the artist can not exercise influence, but because of which he is unable to meet his obligations under the contract.
* In the event of force majeure, this will be communicated to the other party in writing as soon as possible, if necessary with the submission of any supporting documents.
5 / Weather conditions
* In case of a (partial) outdoor performance, weather conditions such as rain, snow, wind or wet ground can prevent the service or part of the service to be delivered. These circumstances are at the expense and risk of the customer and do not release the customer from the agreed payment obligation.
* The consequences of not taking out or insufficient coverage on an event insurance are at all times for the account and risk of the customer.
6 / Intellectual property protection
* All rights to / from the service to be delivered belong to the artist in so far as these do not already belong to third parties.
* Without the express written consent of the artist, the customer and his / her public, it is forbidden to make recordings of the agreed service (or have them made), whatever the name and of whatever nature. The artist requests the customer to supervise this and as far as possible the customer must also impose this prohibition on his visitors.
* Without the express written consent of the artist, the customer is not allowed to reproduce or otherwise publish (images of or impressions from) the agreed service or on the basis of a penalty of EUR 10,000 per violation.
7 / Indemnity and liability
* Artist is not liable for any business, indirect or consequential damages incurred by the other party or third parties. The customer indemnifies the artist unconditionally and without any reservation of such claims by third parties, whatever the name and of whatever nature, which concern this agreement and its performance.
* If and insofar as the customer and / or his loved ones harm the public and / or invited guests of the buyer to artist and / or its materials, the customer is, without exception, fully liable.
* Artist is not liable for any damage, which the customer claims to suffer due to changes to the execution modalities of the service and / or the fact that the artist did not (personally) perform it.
* Any (liability for) damage must be reported to the other party in writing within 5 days of the date of the service, stating reasons. The other party will ensure that this is responded to in a reasonable time within a reasonable period of time.
* The artist's liability is at all times limited to a maximum of 2x his fee as agreed for the service at issue, unless the artist has taken out professional liability insurance, in which case the liability is at all times limited to the amount that is insurer will be paid under this contract.
8 / Disputes
All disputes arising from this agreement will be submitted to the (nearest) judge of the artist's place of residence, unless mandatory legal provisions oppose this.
Dutch law applies to this agreement. © ABC, 2008. Version 08.10.16
These General Delivery Terms and Conditions have been filed with the Chamber of Commerce in Eindhoven under number 17115267