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GTC

General Terms and Conditions (GTC)

1. Content

1.1. The preparations and implementation of the performance are subject to the contract, the technical manual and the GTC.

1.2. These terms and conditions apply to all – including future – contracts, deliveries and other services, unless they have been modified or excluded with expressly written consent.

2. Date Agreement

2.1. If appointments are kept available at the request of the organiser, no liabilities result for the performers.

2.2. If the reserved appointment is not confirmed by the organiser within 14 days, the reservation will be cancelled by the performers without further notice. This period may be extended with the express request of the organiser.

3. Programme

The performers are subject to neither the programme design nor the presentation instructions of the organiser. Details of the programmes can be accessed from the homepage of the performers (www.physikanten.de). Additional points within the programme, or performances by third parties during the same event require prior approval of the performers.

4. Fees

4.1. The fee is due on completion of the performance(s).

4.2. Bank transfer is the method of payment, unless expressly agreed otherwise.

4.3. Deductions from the fee of any kind are not permitted. This does not affect the right to raise undisputed or legally recognised claims in accordance with §309 no. 3 of the German Civil Code (BGB).

4.4. In case of a default of payment, interest will be applied at the statutory rate.

4.5. Payment reminders and warnings will be charged with a processing fee of €3.00 each.

5. Compensation / Liability

5.1. If a force majeure results in the cancellation of the event, both parties are released from their obligation. The performers may however demand reimbursement of expenses from the organiser. Force majeure includes for example: acute illness of a performer, transportation strike actions, acts of war, power failure, natural catastrophes etc.

5.2. If the performers are not able to perform due to an important reason (accident, sickness etc.), the organiser will be informed immediately. In this case the performers are exempt from their obligation and are not required to pay compensation.

5.3. If the organiser does not fulfil their duties according to the contract or within the required timeframe, the performers may withdraw from the contract or demand a substitute appearance. The performers retain full entitlement to the fee if there is no agreement on an alternative date. The previously incurred expenses of the performers are to be paid by the organiser.

5.4. The organiser is liable for damages and theft which affect the performers during the on-site storage and during the performance. The organiser is responsible for all personal injury and property damage in the event space and through travel and transportation arranged by the organiser.

5.5. If unforeseeable incidents occur which render the completion of the event by the performers unreasonable (for example: sustained disruption by visitors, non-attending visitors, technical disruptions), the performers are entitled to cancel the event, whilst retaining the full fee and costs of reimbursement.

5.6. If a client delays the start of the programme by more than 60 minutes after the agreed start time, a surcharge of 10% will be applied to the fee. If the performance cannot take place until 120 minutes after the contractually agreed time, this is considered an unreasonable obstruction to the event. In this case clause 5.5 applies.

6. Cancellation

In the event of a cancellation of contract by the organisers, the performers can demand cancellation costs as a percentage of the fee due to be paid as follows:

Up to 15 days before the event 66%
Between 14 to 8 days before the event 75%
Between 7 days to one day before the event 85%
On the day of the event 95%

After the performers arrive at the venue, the total fee and all travel expenses must be paid.

7. Copyright

7.1. As a general principle, photographs and video recordings for private or internal purposes are allowed. However the copyright of the whole performance lies with the performers. For the publication of photos, written permission must be obtained from the performers.

7.2. Short broadcasts through radio and television for the general purpose to inform the public are permitted through prior arrangement.

8.-GEMA- and KSK Fees

Arising   GEMA (Society for musical performing and mechanical reproduction rights) and KSK (Künstlersozialkasse) fees are to be paid by the organiser. The performers have a GEMA list available.

9. General Framework to be guaranteed by the organiser

9.1. The organiser must meet the customary preparations and in particular provide the technical, organisational and special conditions for the successful running of the event. The organiser is responsible to inform the bulding services in good time and in full, and to arrange the meticulous compliance.

9.2. The organiser will send the performers, at least one week before the event, detailed arrival instructions to the event performance area.

9.3. The organiser is responsible for the payment of parking expenses of technicians and performers in the immediate vicinity of the event space.

9.4. During set up, the performers and technicians should be provided with drinks, sandwiches (or similar), as well as a warm meal after or during performances.

9.5. Permits or similar for access and parking are to be obtained by the organiser before the event.

10. Event Location

10.1. The contractually stated responsible contact person for the event is on site on time, with all keys and knowledge of the event location features (changing room possibilities with lockable cupboards or similar, space for temporary storage of packings etc., fuse boxes, fire extinguishers). The responsible contact person is present during the whole time until the performance area is packed away.

10.2. If the conditions cannot be fulfilled or special technical difficulties are known, the organiser provides information at least four weeks before the event, in order to make other arrangements.

10.3. If an outdoor event cannot take place at the predetermined site due to climate reasons (for example: cold, ice, moisture, ozone, electricity) or other reasons, it is the responsibility of the organiser to provide a replacement location and to inform the performers immediately. In addition, clause 5.5 applies.

11. Public Relations Activities

11.1. If journalistic reports of the event exist, specimen copies or a good scan are to be made available to the performers free of charge.

11.2. If the organiser takes photographs or videos during the event, complete copies are made available to the performers free of charge for the use in their own publicity, where the performers are responsible for listing the appropriate source and to protect the privacy rights of the photographed.

12. Severability Clause

Should individual conditions be completely or partially void, the remaining clauses will still be valid and applicable. Void conditions will be replaced in such a way, that the purpose of the contract is safeguarded as effectively as possible while the reasonable interests of both parties are maintained.

13. Requirement of the Written Form

13.1. Both parties agree in writing by signing the separate contract form with the agreements of these General Terms and Conditions (GTC).

13.2. Changes and additions as well as verbal agreements to the contract are binding only after written confirmation. Provisions in the GTC will be overridden by those in the contract.

14. Place of Jurisdiction, Choice of Law

14.1. Place of jurisdiction is Dortmund.

14.2. Only the law of the Federal Republic of Germany (Bundesrepulik Deutschland) applies.

15. Data Protection

The contract partner is informed that compiled data collected in the implementation of the event is stored (§ 26 BDSchG).

Dated: February 2016
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