General Agreements

THE PROCEDURE:

To simplify and speed up the procedure of sending contracts back and forth, the following method was chosen. Both Contracting Party 1 and Contracting Party 2 have received two identical contracts (with the exception of the fact that the contract sent to Contracting Party 2 contains some provisions relating to how settlement will be made between Contracting Party 2 and Monkey Man BV). These contracts are already signed by Monkey Man BV. One copy of the contract must be signed and returned to Monkey Man BV, Hutten 2, 5571 VG Bergeijk, the Netherlands as soon as possible. When both parties have returned their contract, Monkey Man BV will retain these in its records and Contracting Party 1 and Contracting Party 2 will be able to examine them or request a copy, where circumstances so warrant.

This way Monkey Man BV believes it can offer a speedier confirmation of the agreements made, and also provide a good guarantee that both parties will fulfil the commitments made. Monkey Man BV cannot be held liable for the failure of Contracting Party 1 or Contracting Party 2 to comply with the agreements made or for any incident that may occur before, during or after the performance (see also article 1 of the Standard Terms and Conditions).

Standard terms and conditions

1. Monkey Man BV signs the contracts described in the procedure above as written confirmation of the verbal agreement made previously between Contracting Party 1 and Contracting Party 2. However, Monkey Man BV is not authorised to sign on behalf of Contracting Party 1 or Contracting Party 2, and therefore cannot be held liable for the failure of Contracting Party 1 or Contracting Party 2 to comply with the agreements made or for any incident that may occur before, during or after the performance (even when a total performance fee has been agreed). On request, Monkey Man BV will confirm that the agreements in this contract were previously verbally agreed by Contracting Party 1 and Contracting Party 2. The agreements are only confirmed in writing after both Contracting Parties have returned their signed contracts.

2. Contracting Party 1 is responsible for the payment of dues for copyright neighbouring rights.

3. Contracting Party 1 is not liable for the loss, theft or damage to property belonging to the artists’ company, unless the cause is attributable to a deliberate act, a wrongful act or negligence on the part of Contracting Party 1 or of individuals (including the audience), who should have followed instructions or orders from Contracting Party 1, with the exception of Contracting Party 2. Contracting Party 1 warrants the safety of the artists’ company and will not neglect to take the necessary security measures. Contracting Party 2 is not liable for any damage or injury caused by or on behalf of Contracting Party 1 or the audience. Contracting Party 1 indemnifies the artist against claims from third parties.

4. Contracting Party 1 shall make a lockable dressing room available to Contracting Party 2.

5. Contracting Party 2 has the right to six tickets for guests to attend the agreed performance free of charge. Contracting Party 2 will inform Contracting Party 1 of the names of the guests prior to opening the venue.

6. Contracting Party 1 has the necessary permits for this performance and guarantees that the facilities of the auditorium/venue and the equipment conform to all relevant statutory requirements and regulations. The lack of the required permits will not be considered as force majeure. Contracting Party 2 will ensure that the equipment brought to the venue complies with the statutory regulations and safety requirements.

7. No sound or video recordings are permitted without prior written authorisation from Contracting Party 2.

8. In the event of force majeure (including fears and measures related to corona virus) for one of the two contracting Parties, as a result of which the agreed work cannot be performed, this agreement will lapse. Both parties reserve the right to have the work carried out under the same conditions within a period of thirteen months after the originally agreed time. This thirteen month period does not apply to foreign bands / acts. In the event of force majeure, the right to financial compensation will also lapse.

9. In the event of force majeure, the Contracting Party concerned will immediately inform the other of this by telephone and immediately thereafter by e-mail. A Contracting Party loses the right to invoke force majeure if and because it fails to notify the other in the manner stated above. In the event of illness or accident of contractor 2, as a result of which agreed work cannot be carried out at the agreed time, contractor 2 must submit a doctor’s statement proving this force majeure. When contracting party 1 can rely on a guarantee fund set up by the governement in connection with corona measures, the force majeure lapses for contractant 1 and therefor the General Booking Conditions Cancellation in connection with COVID-19 ((ABAC) come in operation. You can request these ABAC separately from Monkeyman BV.

10. With the exception of the provisions of article 8 and 9 of these Standard terms and conditions, a mutual solution will be sought in the event of failure to comply with this agreement. However, any compensation to be paid by the Contracting Party who is in default will never exceed the agreed performance fee. Promotion and publicity costs cannot be recovered from Contracting Party 2.

11. Contracting Parties declare that they are of age, or in the event one or both parties are minors, that they have had the contract countersigned by their legal representative.

12. Contracting Party 1 declares to be aware of the performance and sound volume of Contracting Party 2.

13. Contracting Party 2 declares to travel in a vehicle that is roadworthy and insured. Contracting Party 1 will provide free parking spaces for this vehicle (or vehicles) within reasonable walking distance.

14. The Standard Terms and Conditions as well as the technical and catering specifications form an integral part of this agreement. By signing this agreement Contracting Party 1 declares to have read and understood the agreement and undertakes to fulfil its obligations arising from this agreement.

15. If one of the Contracting Parties has reason to believe that the other Party has not complied with the provisions of this agreement, the Contracting Party will inform the other in writing within five working days of the performance.