1. On Tuesday December 3, 2016, ARTISTA b.v. represented by: Anna Jansen
1211BH in Hilversum
hereinafter referred to as: "Artist";
represented by: Jan de Vries
2511PL in The Hague
hereinafter referred to as: "Client";
agreed that the act 'Artista dance experience'
(with all features as shown on Showbird)
will be performed on Saturday, January 21, 2017 between 20 : 00 and 23:00
on the following occasion:
Event: Company party '25 years Klanto '
Location: Feestgracht 116
< br /> For the sum of 750, - including all expenses and VAT.
Client must take care of:
Space required: inside or outside
stage from min 3x4 meters
Rider: 2 electricity connections.
1 stack of towels
come blue M & amp; M's
Artist provides: Light
Special appointment: Ok, 750 is good, but then half an hour shorter, so 2.5 hours total.
3. Obligations of the Client
The Client will ensure and warrants towards the Artist that:
(i) the safety of the Artist is guaranteed before, during and after the Performance
( ii) the audience present at the Performance will behave properly and will not be offensive, in the broadest sense of the word; (iii) from the arrival to the departure of the Artist, to be present on behalf of the Client with a contact person who is fully aware of all matters (related to the Performance);
(iv) the light and sound installations and additional equipment specified in writing by the Artist in connection with the Performance, and any sound checks will be present and performed in good time before the performance starts and will meet the specifications specified by the Artist;
(v) there are no restrictions during the sound check (s) and / or Performance of the Artist, and (vi) the possible podium for the Artist is easily accessible via a free passage.
4. Obligations Artist
Artist will ensure and warrants to Client that:
(i) he / she is present at the Location no later than 30 minutes before the start of the Performance, unless otherwise agreed in this Agreement.
(ii) he / she will behave properly during the Performance and will not express himself in an offensive manner, in the broadest sense of the word, and
(iii) if applicable, he / she it will properly take care of the light and sound installations and additional equipment arranged by the Client in connection with the Performance.
5. End of the Agreement
5.1 Premature Termination
5.1.1 The Artist has the right to cancel this Agreement prematurely up to 14 days before the Date in the event that there is radio, television by the Artist on the Date. - and / or sound recordings must be made. Client in turn has the right to dissolve this electronically concluded Agreement in writing and free of charge within the legal period of 14 days. (Unless the occurrence will take place within 14 days after the conclusion of this agreement).
5.1.2 If the Client terminates the Agreement due to a circumstance attributable to the Client, the cancellation costs must be reimbursed to the Artist in accordance with the provisions in paragraph 3 of this article. 5.1.3 In the event of cancellation within the term (s) below, the Artist will repay the following to the Client via Showbird; Normal cancellation policy (i) more than 3 months prior to the Date, subject to the situation referred to in Article 5.1.1 of this Agreement, will refund the Client 90% of the Fee;
(ii) 2 to 3 months prior to the Date, subject to the situation referred to in Article 5.1.1 of this Agreement, will repay the Client 50% of the Fee;
(iii) Less than two months prior to the Date, except for the situation referred to in article 5.1.1 of this Agreement, no repayment will take place;
Strict cancellation policy
(i) more than 3 months prior to the Date, the situation referred to in article 5.1.1 of this Agreement will repay the Client 50% of the Fee;
) Less than three months prior to the Date, except for the situation referred to in Article 5.1.1 of this Agreement, no reimbursement will be made;
5.2 Termination by operation of law
This Agreement also terminates ipso jure and without any notice period having to be observed with immediate effect if the Artist dies.
6. Liability, indemnity and force majeure
6.1 Liability and indemnity
6.1.1 The liability of the Artist for indirect damage, consequential damage, loss of profit, damage resulting from claims by third parties against the Client, damage due to exceeding of a period or property damage consisting of destruction, damage or loss of goods used by the Client in the normal course of a profession or business is excluded. More specifically, the Artist is not liable for any loss or damage, death, illness or personal injury arising from, by or in connection with the implementation of this Agreement, except for intent and gross negligence on the part of the Artist. > 6.1.2 Artist is not liable for damage, of whatever nature, caused by the fact that, in the implementation of this Agreement, Artist relied on incorrect and / or incomplete information provided by the Client, unless this incorrectness or incompleteness was or should have been known to it. 6.1.3 The total liability of the Artist is limited to a maximum of the Reimbursement for the Performance, or the amount that the liability insurance of the Artist pays to it in the relevant case. 6.1 / Liability of the Artist only arises if the Client properly and in writing within 24 hours after it has been informed of the alleged damage, stating a reasonable period to clear the shortcoming, and the Artist also after that period continues to fail to fulfill its obligations. The notice of default must contain a description of the shortcoming that is as detailed as possible. 6.1.5 The client indemnifies Artist and its possible staff members against all claims from third parties, including the reasonable costs of legal assistance, which are in any way related to or arising from this Agreement, except for intent and gross negligence on the part of the Artist. 6.1.6 The Client hereby indemnifies the Artist for any form of damage or injury suffered by the Artist during the performance of the Performance. In the event of movable property, the Client will at least compensate the valuation value of the relevant property. 6.2. Force majeure can comply, those obligations are suspended for the duration of the situation of force majeure. 6.2.2 Force majeure of the Artist is understood to mean any circumstance independent of the will of the Artist, as a result of which the fulfillment of (the relevant part of) its obligations towards the Client is prevented, delayed or made economically impossible as a result of which the fulfillment of these obligations cannot reasonably be expected from the Artist. Force majeure also includes a shortcoming of suppliers of Artist and work disability of the Artist due to illness or accident. In the event of a force majeure situation, the Parties have the right to terminate the Agreement by written termination. What has already been performed under the Agreement will then be settled proportionally, without the Parties owing each other anything.
7. Other arrangements
7.1 Further obligations of the Client
7.1.1 The Client undertakes to do so before the Date:
(i) the Artist, no later than 24 hours before the start of the Performance, via the to inform the Showbird website on possible diversions, parking options, road interruptions and / or closures that may impede direct access to the Location.
(ii) ensure that if the Performance takes place in the open air, the Location is properly protected and covered, so that it is not reasonably expected that weather conditions will cause damage to the Artist and / or Artist equipment. (iii) to provide adequate power supplies. Artist is not liable for the consequences of (an) inadequate (power) provisions, and
(iv) to take care of any (parking) exemptions for the Artist;
7.1.2 If a delay occurs due to the Client has not complied with the provisions of Article 6.1 of this Agreement, this cannot lead to reimbursement and / or payment of compensation by the Artist.
7.2 Sound and / or image registrations
7.2.1 The Client is not permitted to make sound and / or image recordings of the Performance, subject to the prior written permission of the Artist. The Client guarantees that third parties will also refrain from such sound and / or image registrations. A request for making sound and / or image recordings must be made known to Artist in writing no later than 7 days prior to the Performance via the website of Showbird BV. 7.2.2 In the event the Client makes sound and / or image recordings Client has made a copy of the recording (s) free of charge to Artist which recordings can be used by Artist for promotional purposes.
7.3 Costs and permits
Client stands for in that charges and costs associated with the Performance, including but not limited to the (rent of the) Location, publicity and promotional activities, taxes and (possible) permits, are entirely at its expense and risk and indemnifies Artist in that regard. Failure to obtain the required permits and / or permissions, expressly does not constitute force majeure.
8. Final provisions
8.1 This agreement does not concern employment, but a single assignment to perform a performance.
Solo artist: This agreement is identical to the one issued by the Tax Authorities on 07-10-2015 under number 9101586370-1 assessed agreement. Group of artists: This agreement is identical to the agreement assessed by the Tax Authorities on 07-10-2015 under number 9101586370-2.
DJ: This agreement is the same as the agreement assessed by the Tax Authorities on 12-10-2015 under number 9081593705.
8.2 This Agreement is exclusively governed by Dutch law. Any dispute arising out of or in connection with this Agreement will be submitted to the competent Court in Amsterdam, without prejudice to the right of the Parties to request a provisional provision.
1. On Tuesday December 3, 2016, ARTISTA b.v. represented by: Anna Jansen