The following terms and conditions are used in the subsequent concern. In these general terms and conditions, the following terms are used with the following definitions, unless specified differently:
- Contractor: Boris Kloek, natural person based in Oegstgeest.
- Client: natural or legal person who makes an agreement with the contractor by a booking confirmation or otherwise.
- Artist: natural person who is deployed at specific event or party based on a booking agreement between the contractor and the client.
- Materials: all equipment, cables, case ware, clothes, instruments that Boris Kloek provides at his show.
- Modes of transport: all buses, cars, trailers and other transport resources that are present at the location and that are used by the contractor or other natural persons who work for the contractor.
- Assignment: the activities that are mutually agreed upon by the contractor and the client, which are to be performed by the contractor and under which conditions these shall be carried out.
Article 2 | General
- The general terms and conditions are applicable to all offers, tenders, activities, assignments and agreements between the contractor and the client, respectively their (legal) successors. Standard conditions from the client are only valid when these have been accepted in writing by the contractor.
- The conditions in question are also applicable to all assignments with the contractor; for which the implementation necessitates the involvement of third parties.
- When one or multiple conditions in these general terms and conditions are void or should they lapse, the other conditions in these general terms and conditions still fully apply. The contractor and client will agree upon new conditions to replace the voided, nullified or lapsed conditions, under consideration of the objective purpose of the original condition, if and in so far as this is possible
- The client is not permitted to directly contact any artists are represented by Boris Kloek, with regards to (subsequent) booking(s). If the client acts to contravene the aforementioned, they will be required to an immediately payable penalty of EUR 10.000 (ten thousand) to Boris Kloek, as well EUR 1.000 (one thousand) for each day or period thereof that the infringement lasts, notwithstanding the right of Boris Kloek to demand a full reparation of damages from the client.
Article 3 | Tenders
- The tenders from the contractor are based on the information that the client has given. The client must ensure that they have given all essential information to the best of their knowledge necessary to the preparation, implementation and completion of the assignment.
- The tenders made by the contractor are non-binding. The tenders are valid during fourteen days, unless specified differently. The client is only bound to the contract if the other party has accepted in writing and within fourteen days, unless specified differently.
- The prices mentioned in the tenders are VAT included, including shipping costs and administration costs, unless specified differently.
- When the acceptance (on minor points) deviates from the offer incorporated in the tender, the contractor is not bound to these. The assignment will not be concluded in accordance with said deviating acceptance, unless the contractor specifies otherwise.
- A compiled quotation does not obligate the contractor to perform a part of the assignment for a corresponding part of the stated price.
- Tenders do not automatically apply to future assignments.
Article 4 | Options
- The client has the possibility to take an option on the contractor or artist. This option means that the client has the first right to book the contractor or artist for a chosen date, without any further commitment, for duration of fourteen days.
- Should a third party wishes to make a booking on the optioned date, the client is given 48 hours to use his first right to complete the booking. The client will be informed by email or telephone. If the client doesn’t complete the booking within 48 hours, the rights to do so will be rescinded.
Article 5 | Refusal rights / law of refusal by proprietor
- The contractor has the right to refuse an agreement without further clarification.
Article 6 | Verification
- The client must carefully check the booking confirmation drawn up by Boris Kloek for accuracy and completeness within five working days. Inaccuracies or incompleteness in the agreed confirmation, which are detected by the client after receipt, should immediately be brought to the attention of Boris Kloek.
Article 7 | Cancellations
- If the client signed an agreement or confirmed the agreement by email, and wishes to cancel it, the client should make this known by email or by letter.
- The costs of a cancellation are dependent on the period:
- a) Any cancellations within one month before the specified show date, the full amount will be charged.
- b) Any cancellations between the first and the second month before the specified show date, 50% of the agreement will be charged.
- c) Any cancellations between the second and the third month before the specified show date, 25% of the agreement will be charged.
- d) Any cancellations more than three months before the specified show date, EUR 75 (seventy five) will be charged as a cancellation fee.
- When the show date is postponed, it’s considered a cancellation and can be set to a new date if possible, unless differently specified.
Article 8 | Show conditions – client’s obligations
- The client must make one parking spot available within a 50-meter radius of the stated address, either free of charge or by reimbursing the parking costs in case of paid parking.
- Loading and unloading must be possible within 10 meter from the place of the assignment.
- Penalties related to parking and/or loading and unloading are at the client’s expense.
- The client will make sure there is a (dressing) room available for the artist, which can be locked or guarded.
- The client will ensure the correct microphone or line input options (XLR, JACK or TULP) for the artist’s microphone over the PA (sound installation), unless agreed differently with the contractor.
- The client is deemed to provide at least one electricity supply of at least 16 Ampere, 230 Volt (earthed) within a 5-meter radius located at one spot, unless differently agreed and confirmed in writing.
- The client is responsible for the quality and reliability of the electricity supply. All damage and/or problems that are a result of this are at client’s expense.
- There shall be no limitations during sound check and/or performance of the artist. Should the artist be of the opinion that the (level of) sound is unacceptably high (>112dB), the artist has the right to cancel his show without forfeiting the agreed compensation from the client.
- The artist produces a volume of at least 85 dB. Sound limiters with or without power interruption are not permitted. Should it occur on site, there is a sound restriction under 85 dB, the artist has the right not to proceed with the show. The client will owe the full costs of the wage.
- The client shall provide the contractors’ staff with consumptions such as coffee, tea or soda free of charge during construction, deconstruction and the hiring period.
- Provided that the hiring period is longer than 5 hours, and the period overlaps one or several meals, the client shall offer meals to the contractor’s staff, besides the afore mentioned consumptions.
- The construction of materials on a higher or lower floor than the ground floor is possible, providing this has been mentioned in the application.
- If the client uses promotional material with the name or image of the artist, the client shall provide two copies or more of this material to the artist, after seeking and receiving prior written consent from Boris Kloek.
- If the client uses merchandise, he must first receive written consent from the artist. The artist must be provided with at least five copies.
- If the artist is recorded by audio and/or video carriers without written consent, the client owes a penalty that is not open to judicial moderation to Boris Kloek of the sum of EUR 10.000 (ten thousand). Furthermore Boris Kloek reserves the right to claim full compensation.
- The client must ensure ‘top billing’ in all advertisements and commercials. If the client wishes to advertise in another way, he shall inform the contractor in writing no later than fourteen days prior to the event/party.
- The artists name may not be used (directly or indirectly) for any product(s), unless both parties have come to written agreement. The client’s name or the logo must be mentioned on all advertisements and promotional material that are linked to the artist.
- The contractor provides photo’s, logo’s and/or artwork of the artist at the request of the client and where possible. All items remain property of the contractor and will be directly returned after use.
- The contractor shall pay none of the promotional costs and such.
- The client shall not start advertising and promoting before a written confirmation is made and Boris Kloek receives 100% of the agreed wage.
- The artist will never be obligated to give interviews for radio, television, newspapers or magazines, unless the client has received written permission from Boris Kloek or the artist.
- The client ensures that all necessary licenses for the party/event are purchased. Also he will take care of the required third-party insurance (WA-verzekering) and event insurance. At first request of Boris Kloek the client will show these to Boris Kloek.
- The show will be held at indoor parties/events, unless specifically agreed otherwise in writing.
- A client is required to report at the booking which sponsors (with notification of brand and product group) will be sponsoring the event/party. Boris Kloek (the artist) has the right at all times to refuse or reject a show if (certain) sponsors are not reported beforehand by the client.
- The client is not entitled to book the artist to third parties without permission in writing by Boris Kloek. The client must inform Boris Kloek of the final wage (artist wage and booking wage).
Article 9 | Additional terms shows in foreign countries
- The client provides the reservation and payment of a (return) flight ticket, including check-in luggage and airport fees from Amsterdam.
- The client provides reservation and payment of a room with a double bed and breakfast at a hotel with a minimum of three stars.
- A luxurious four-door car, driven by a fluent English-speaking driver, shall transport the artist; transportation by public transport or taxi is not acceptable.
- The client will compensate extra costs made through the stay in foreign countries.
Article 10 | Providing information and cooperation
The client provides all documents, information and contacts on time, that are needed for proper execution of the contract.
Article 11 | Implementation of the assignment and entangling third parties.
- The contractor shall perform the services to be provided by it to the best of their knowledge and ability, and in accordance with good professional practice. The contractor is required to make a maximum effort that the agreed obligations and quality are realized.
- In so far as it is required for the correct execution of a contract, the contractor has the right to have the activities – in part – carried out by third parties. The contractor shall do so in consultation with the client.
- The contractor is not liable for damages, in any form or of any kind, if the contractor has relied on incorrect and/or incomplete information provided by the client, unless the contractor should have known the inaccuracy or incompleteness beforehand.
- Songs on request shall be communicated to the contractor at least two weeks before the date of the party or event. Should this not be the case, the contractor cannot guarantee that the requested songs can be played at the assignment.
Article 12 | Change of assignment, overtime
The client accepts that the timetable of the assignment can be influenced, if parties decide in the interim to change the approach to or size of the assignment, and the work that results from that. If changes in the interim, caused by the client, result into changes to the implementation of the agreement, the contractor shall make the necessary adjustments. If this leads to extra work, this shall be charged as an additional assignment. The contractor has the right to charge extra costs for the changes.
Notwithstanding paragraph 1 the contractor will charge no extra costs if the changes or additions of the assignment are the consequence of the circumstances that can be contributed to the contractor.
Article 13 | Liability
- The contractor brings competent staff including (their) materials at all times.
- The use of the materials is at the clients risk, unless the use is performed by a natural person in service of the contractor.
- In case of vandalism and/or theft, the client is responsible for all damage.
- All damage arising in the rental period of the materials and/or transport modes on the location of the assignment, not caused by a natural person in service of the contractor, regardless of the cause or circumstances, are for the account of the client.
- All damage that is caused to the materials and/or transport modes that fall outside the hiring period but on the location of the assignment, during construction/dismantling and the period in between construction and dismantling and the start of the hiring period, and which is not caused by natural persons in service of the contractor are, irrespective of their cause, shall be charged to the client.
- The client is liable for the organisation and additional matters. The costs of all stop orders and/or fines will be borne by the client. The contractor shall not be liable, under any circumstances.
- The contractor shall not be liable for any injury, possibly caused by materials from the contractor on the location of the assignment, caused during the construction or deconstruction, the hiring period, the period between construction and deconstruction and the start of the hiring period. Third party damage that is not covered by a third party insurance (WA-verzekering) is to be borne by the client.
- The contractor has a third party insurance (WA-verzekering).
Article 14 | Force majeure
- Parties are never held to the performance of an obligation required by a contract, when they are hampered due to all external causes, foreseen and unforeseen, which blame cannot be laid nor can they be held accountable by law, a legal act or notions prevailing in commerce.
- In these general terms and conditions, force majeure means, in addition to the definition provided by law and case law, all external foreseeable or unforeseeable causes, beyond the influence of the contractor and which result in the contractor not being able to comply to his obligations. Sickness and disability included.
- The contractor has the right to take care of comparable substitutes, if an agreement cannot be performed entirely or partly as agreed due to unforeseen circumstances. In that case the client has no right to claim a discount on the agreed price or termination of the contract. The contractor is obligated to inform the client in such circumstances, as soon as it comes to the knowledge of the contractor.
Article 15 | Improvement of position
The artist is entitled to cancel the show, up until two weeks before the planned event/show, if the artist has one of the following opportunities at the same time: a television show, or a recording of an artistic presentation, a show can be done outside the Benelux or a show during a big public event (with or without ticket purchasing), where more than 2000 visitors are expected. In that case the client cannot claim compensation/damages. The contractor shall take care of a adequate alternative.
Article 16 | Money back guarantee
- ‘The money back guarantee’ is only applicable to the artist Boris Kloek (Mr. Saxo-B) and not to the contractor Boris Kloek or any other natural or legal persons (like artists and drive-in shows) that are in service of the contractor. If the client wishes to use ‘the money back guarantee’, because the client finds the artist Boris Kloek not appropriate or unprofessional, the client should inform Boris, verbally or in writing, before the half way point of his act. In this situation the client doesn’t owe Boris Kloek any wage, nor does the artist Boris Kloek owe a possible compensation to the client. After the first half of the show from the artist Boris Kloek ‘the money back guarantee’ has expired and the 100% wage will be charged to the client.
- The money back guarantee only applies to shows that are held in The Netherlands with exception of the Wadden islands. On the Wadden islands and in foreign countries the general terms and conditions are applicable (with the exception of article 16, paragraph 1).
Article 17 | BUMA/ STEMRA/ SENA rights
All costs related to BUMA, STEMRA and SENA rights, that arise from playing of music, mechanical as well as live music, in public as well as a private occasions, together with recording the music on carriers of audio, will be borne by the client.
Article 18 | Payment and terms of payment
- The client will ensure to pay all invoices, which are received, from Boris Kloek, within fourteen days, without any deduction of costs or suspension of payment due to alleged non-performance.
- Boris Koek reserves the right to pay the costs, on behalf of the client, by paying services after deduction fees, costs by thirds, VAT and possible outstanding invoices of previous dates. Boris Kloek is never obliged to reimburse rate of default interest over the period to third parties or the client in whom finances are under his care.
- If the cost price form the contractor is raised as a result of interim modifications of sales tax, social security contributions, income tax or any other government taxes, or as a result of price changes of third parties, the contractor has the right to pass on the relevant costs to the client. In case of costs in a foreign currency the exchange rate will be determined on the date of the invoice from the contractor.
- In case of non-performance, liquidation, bankruptcy or suspension of payment from the client, his obligations (to pay) will be claimable immediately. Also the obligations (to pay) of the client will be claimable immediately in case of where Boris Kloek justifies that the client is (may) not be able to fulfil his obligations (to pay).
- Payments must be done in euros by bank transfer or giro payment. In case of cash payment the client has to ensure that Boris Kloek receives a receipt.
- When exceeding the payment term, the client owes, without requiring an appropriate notice of default, from the expiry date to the day of payment the legal rate of interest (wettelijke rente) over the owed amount, with a minimum of 12% a year, and where the rate over a part of the month is counted as a full month. Beside which the client owes extrajudicial costs from the expiry date, which amount to 15% of the full principle sum. If Boris Kloek proves that he made higher costs, including legal expenses, which were necessary within reason, these costs will also be reimbursed by the client.
- Payments made by the counterparty shall be applied first to all interest and costs owed, and then to claimable invoices that have been outstanding longest, even if the customer states that the payment relates to a later invoice.
Article 19 | Security agreement
- Boris Kloek has the right, during or after entering into an agreement, before (further) achievement, to demand security from the client that he will fulfil his (present and future) obligations towards Boris Kloek within a reasonable period.
- The client is bound at any time to provide security in the case of his bankruptcy, moratorium, shut-down or liquidation of his business or due to the fact that the client loses the control of his entire or part of capital through attachment or otherwise.
Article 20 | Suspending right
- In the event of the client not complying to their obligations towards Boris Kloek, Boris Kloek has, without notice of default, the right to suspend the performance of his part of the agreement, until fulfilment by the client has been made.
- The right to suspend the performance on his part of the agreement also applies if the circumstances come to Boris Kloek’s attention that gives valid reason for concern that the client cannot fulfil his obligations towards Boris Kloek.
Article 21 | Cancellation
- If the client falls short in fulfilling his agreements, Boris Kloek is entitled to dissolve the entire or part of the agreement by a statement in writing or by a decision of the court.
- Should the agreement be dissolved, the client must reimburse the lost revenue from the contract of Boris Kloek and the artist (positief contractsbelang).
- Boris Kloek can never be made to reimburse damages resulting from cancellation of the contract towards the client, if Boris Kloek relies on a legal right to dissolve the entire or part of the agreement.
- If the case arises with persons and/or materials with which Boris Kloek or the artist serve or attempt to serve themselves for implementation of the agreement, which are of such nature that the implementation of the agreement is impossible or so problematic that the contractor cannot reasonably be expected to perform the agreement, the contractor is entitled to dissolve the agreement without any compensation of damage.
Article 22 | Services besides shows from the contractor
- At other services than agreed with the above-mentioned applicability, other general terms and conditions apply. The contractor is not obliged to provide these.
- The contractor can never be held responsible for the content hereof.
Article 23 | Disputes
- The Dutch law is applicable to all contracts of every assignment between the client and the contractor; also if the client lives or is established in a foreign country.
- The competent court has, with the exclusion of all other courts, jurisdiction over all disputes that arise as a result of transactions, offers, assignments and agreements, on which these general terms and conditions apply.
Article 24 | Alterations
These terms and conditions have been registered with the Dutch Kamer van Koophandel (Chamber of Commerce) in which the contractor concerned resorts. The last registered version (the version that was applicable at the establishment of the agreement) is applicable.
Disclaimer: These general terms and conditions are only legally valid in its original Dutch version. This English version is a translation as an extra service to the clients of Mr. Saxo-B.