The Eventbühne OG, Christophorusstraße 26, Elsbethen A-5061.
Tel.: +43-660-3945658, E-Mail: buero@eventbuehne.at, Internet: www.eventbuehne.at
1 Subject of the agreement
The artist agency Eventbühne OG (hereinafter referred to as “Agency”) arranges an artistic guest performance by an artist/group of artists in its own name and for its own account. The date, place and time of the event, including set-up and dismantling of any sound and lighting equipment and sound check / rehearsals, shall be agreed separately.
2. Fee, impossibility of performance, cancellation policy
I. The amount of the fee and the method of payment shall be agreed separately.
II. the organiser is entitled to withdraw from the contract up to 14 days before the date of the event against payment of a cancellation fee of 50% of the fee (gross). In all other cases, the organiser must reimburse 90% of the gross fee.
III. in the event of postponement by the client (in the case of open air also due to bad weather) to a new event date within 6 months of the date agreed in the contract, a fee of 30% will be charged in addition to the fee amount. In the event of a postponement beyond this period, the 50% or 90% cancellation fee (see paragraph 2. II.) will be charged and a new order agreement may be concluded. The postponement (in the case of open air also due to bad weather) must take place at least 3 days before the day of the event after mutual agreement between the agency and the client.
IV. If the agency is unable to organise a performance by the named artists, it shall be entitled to provide an equivalent artistic replacement. If this is also not possible, the Agency shall – except in cases of force majeure – be obliged to pay a contractual penalty of 50% of the fee (gross) in the event of cancellation up to 14 days before the date of the event, otherwise 90% of the fee (gross). Compensation for any further damages is expressly excluded.
V. Major force is understood to mean serious illness, accident or death of the artist or a member of the artist group or a close relative. In this case, the organizer has no claims against the agency.
VI. The organizer / customer / client shall be responsible for the payment of any (foreign) artists’ tax and the costs shall be paid by the organizer / customer / client.
3. obligations of the organizer
I. Gesetzliche Vorschriften/Verwertungsgesellschaft .
I. Legal regulations/ Copyrights
The organizer shall be responsible for complying with the relevant statutory regulations and any official requirements, and for paying all fees and taxes associated with the event, as well as for registering with the relevant collecting society and paying the fees prescribed by the latter.
II Security
The organizer guarantees the personal safety of the artists, if necessary by providing a security service. This also means: if technical problems occur for which the artists are not responsible (e.g. insufficient or life-threatening power supply, stage in danger of collapse or not secured, dangerous stage structures, uncovered stages at open-air concerts) which could endanger the life and limb of the artists and their employees, the artists are released from the sound check and performance obligation until these problems have been rectified, while retaining their fixed fee entitlement.
III Catering/changing rooms/accommodation
The artists will be provided with a checkroom, catering (hot meals and drinks) and, if necessary, overnight accommodation in accordance with a separate agreement. If there are no catering facilities on site, a net fee of EUR 15 per artist for a performance lasting up to 4 hours and a net fee of EUR 30 per artist for a performance lasting up to 8 hours will be added to the fee, and the artists’ access to the stage area and parking facilities will be agreed separately. Any parking fees incurred shall be paid by the organizer.
IV. Sound system/Light system/stage area
The performance conditions will be agreed separately.
4. warranty / artistic decisions
The agency is liable for professional organization and performance, but not for matters of taste or a certain audience success.
5. confidentiality
The organizer and the agency undertake to treat all information that comes to their knowledge in the course of their joint activities, in particular the terms of this contract, as strictly confidential.
6. miscellaneous
I. Unless expressly agreed otherwise, the artists are free in the design and performance of their program. Program requests of the organizer will be gladly taken into account, provided they are part of the current repertoire.
II. this contract does not establish an employment relationship or a contractual relationship similar to an employment relationship between the organizer and the artists.
III. a minor change in the composition of a group of artists consisting of several persons is irrelevant.
IV. The organizer agrees that the agency also works for the artist(s) referred. Furthermore, it is acknowledged that Lydia Kollbauer, Morris Wick and Alan Kisiluk may be active members of an arranged artist group.
V. The granting of license agreements for the performance of the artists to the organizer is not part of the contract.
VI If the event is to serve political, religious or exclusively advertising purposes, this must be communicated to the agency in advance.
VII. If there is an announcement of the artists booked through the agency at an event, before or after the performance (live by an announcer/moderator or via other means (recording, etc.)), the designation “the artist(s) of eventbühne.at” must be used. In addition, the first name or stage name of the individual artists may be mentioned. Mentioning the complete, full name of the individual artists is only permitted after consultation with the agency.
VIII. Employees or representatives of the agency are entitled to attend the event, take photographs, make films and sound recordings of the artist’s performance and publish these for their own advertising purposes (references). Films and sound recordings published in this way may not exceed a duration of three minutes. If more than three minutes of material is used, the agency must obtain separate permission from the organizer.
IX. In the case of video recordings and/or photographs of the artist’s performance by the organizer, the agency shall be provided with a copy of the recording(s) and these may be used by both parties for internal purposes. Should these photo and film recordings be used for public or advertising measures of the organizer that go beyond the event and are no longer directly related to the event, the artists shall incur additional buy-out costs, the amount of which shall be agreed separately.
X. For public events, the organizer shall provide the Agency with six complimentary tickets. The agency undertakes not to sell these free tickets to the general public.
XI. The organizer acknowledges that an engagement and/or agency contract exists between the agency and the performing artists and undertakes to conclude renewals or follow-up orders with the artists only via the agency for the duration of the valid engagement and/or agency contract.
XII. The place of jurisdiction in the event of disputes arising from this contract shall be the court with subject-matter jurisdiction for 5020 Salzburg. The applicability of Austrian law is agreed.
XIII The Agency shall remain bound by a contract offer to the Organizer for 10 days from the date of signature by the Agency.
XIV Information on data protection can be found at: https://www.eventbuehne.at/en/privacy/
Eventbühne OG