General Terms for a Performance

1. Booking
The booking is final once both parties have confirmed it in writing (signed or by email). This confirmation records: date, start time, location, performance duration, fee and travel expenses.

2. Substitution by the band
If the band is unable to perform, it may offer an equivalent replacement act. Equivalent means: of comparable musical quality and within the same genre (for example folk, pop or jazz), available on the same date, and for the same or a lower fee. Substyles within a genre are considered interchangeable; what matters is musical quality, not a specific stylistic strand. The band compiles this offer in good faith within these criteria. The client may refuse an offered replacement only on concrete and reasonable grounds; a mere preference for the original act does not qualify as such. The client responds within 7 days of the offer; if no response is given within that period, the offer is deemed accepted. If the client accepts the replacement, the band owes nothing further and the performance proceeds under these terms.

3. Refusal or no substitution possible
If the client refuses an offered equivalent replacement as in point 2, any liability of the band for costs or damages arising from that refusal lapses. If the band is unable to perform and substitution is not possible, the band shall reimburse only the demonstrable costs that the client actually incurs as a result, up to a maximum of the fee. The fee itself and any lost revenue are never payable.

4. Cancellation by the client
In the event of cancellation by the client, the following is payable: 50% of the fee upon cancellation within 4 weeks before the date, and 100% upon cancellation within 1 week before the date. Any travel or preparation costs already incurred are payable in addition.

5. Force majeure
In the event of force majeure (including illness, extreme weather, or government measures), the performance may be rescheduled or cancelled without either party being liable for damages. Costs already incurred are borne by each party itself. In such cases, force majeure takes precedence over the cancellation arrangement in clause 4.

6. Liability
The liability of each party is limited to no more than the fee. Consequential damages (such as lost turnover or missed income) are excluded. This limitation applies to both parties.

7. Stage and technical requirements
The client provides a suitable performance space, power supply and access for setup. The band brings its own instruments and equipment, unless agreed otherwise.

A suitable performance space offers protection against weather conditions that hinder playing or endanger the band, equipment or instruments, including strong sun, extreme heat and precipitation. If, upon arrival or before or during the performance, the location proves so unsuitable that the band, equipment or instruments are reasonably at risk of danger or damage, the band shall notify the client immediately and give the client the opportunity to remedy this within a reasonable time. If the deficiency is not remedied in time, the band may interrupt or cancel the performance without being liable for any damages, and the full agreed amount (fee and travel expenses) remains payable.

8. Backstage facilities
The client provides a space where the band can prepare and stay between performances. Instruments and equipment can be stored safely in a locked or supervised area.

The client provides the band and crew with unlimited tea, coffee and water, and with at least two non-alcoholic drinks per person. For evening performances involving a long travel time or a presence of more than 4 hours, the client also provides the band and crew with a meal (lunch or dinner, depending on the time of day), based on the number of persons notified in advance.

9. Logistics
The band must be able to load and unload close to the stage before and after the performance. If this is not possible, the client arranges proper transport of the materials to and from the stage, and assistance with this. If parking is only available against payment, those costs are for the account of the client.

10. Accommodation
For multi-day performances and festivals, and for performances that end so late that a return journey of four hours or more cannot reasonably take place the same night, the client provides the band and crew with suitable overnight accommodation including breakfast, based on the number of persons notified in advance. The specific arrangements are determined in consultation.

11. Payment
Payment is made within 14 days after the performance, against invoice unless otherwise agreed. In the event of late payment, statutory interest and any collection costs are payable.

12. Governing law
These terms are governed by Dutch law. Disputes shall be submitted to the competent court in the district of the band.

13. Buma/Stemra (copyright royalties)
Any copyright royalties (Buma/Stemra) payable for the performance are for the account of the client.

14. Recordings and image use
The client may record and photograph the performance and use this material for its own promotional purposes, without direct commercial aim and without selling the material. On request, the material is made available to the band, together with permission to use it for promotional purposes as well.

15. Organisation and permits
The client is responsible for the organisation of the event and for the required permits. The band is not liable for problems or damages arising from the fault or negligence of the client or its organisation.