General Terms and Conditions of Contract / GTC (date: January 2016)
The following terms and conditions of contract are provided to the customer by lmc.communication GmbH, hereinafter referred to as "lmc", and become part of the contractual agreements:
I. Payment terms
1. lmc will issue a proper statement of account. All the prices for agency services are net, and if artists are engaged via the agency, are also subject to the artist's social security contribution on the statutory VAT rate to be paid in Germany, even if this is not separately provided for in individual cases. If VAT has to be paid to another state organization, lmc is entitled to payment of this tax by the client. Discounts are not granted on agency services. Unless otherwise agreed, the total amount is payable within 14 days of the invoice date, without deductions. Agency services are due for payment as follows: 15% of the order amount on contract conclusion, 85% up to 4 weeks before the start of the event. Travel costs and expenses will be charged on a time and material basis. Flights within Europe take place in economy class, and intercontinental flights in business class. Rail travel takes place in 2nd class. Car travel is charged at 0.45 euro/km.
2. All expenses and disbursements incurred by lmc which according to the service description are not to be assumed by lmc shall be invoiced on a time and material basis.
3. All the services which are not covered by the service description shall also be remunerated by the customer if lmc does not use the services of third parties and has the respective service performed by its own employees. lmc is entitled to carry out work which lmc can assign to third parties in the name and for the account of the customer by its own employees and then to invoice the customer separately for this work.
4. In the event of payment default, lmc is entitled to charge reminder charges and customary default interest.
5. GEMA fees as well as electricity, water and refuse disposal costs will be borne by the customer.
II. Implementation, organization and impossibility
1. The implementation and design of the event will be based on the existing concept. Major changes will be agreed with the customer.
2. lmc is free to arrange the program and execute the performances according to the agreed schedule. lmc is not subject to the artistic instructions of a third party. Customers who are subject to the directives of clubs and/or associations must hand over all necessary regulations and provisions to lmc before the start of planning (e.g. for sports or competition events).
3. On the construction, dismantling and event days, the customer must make accessible or hand over the exhibition and event rooms to lmc for the construction of exhibition stands and stage constructions, the installation of lighting and sound equipment as well as rehearsals. Dismantling will begin immediately after the end of the event. All the event and room costs as well as electricity, room rent, supervisory and security personnel, hall technology, cleaning, fire brigade, emergency medical care for people and, if applicable, animals, etc. shall be billed directly to the customer. (Different conditions may be agreed here). Artists' cloakrooms as well as event-related storage or equipment rooms, offices etc. must be provided to a sufficient extent.
4. All the contracts necessary for the execution of this contract shall be concluded in the name and on behalf of the customer. (This agreement may be amended). The customer hereby authorizes lmc to conclude all the contracts which are necessary or at least expedient for the execution and fulfilment of the contract on behalf of the customer. lmc is entitled to give instructions to suppliers who have been commissioned by the customer to carry out services for the event in the interest of and on behalf of the customer.
5. If execution of the event – for reasons for which the customer is responsible – becomes impossible in whole or in part, lmc shall retain the right to the agreed fee.
6. In the case of events that take place wholly or in part in the open-air, the customer bears the full weather risk.
7. If it becomes impossible for lmc or its agents to provide the contractual service as a result of illness, accident or force majeure, claims arising from this contract shall be void. lmc will immediately notify the customer of the impediments by fax, e-mail or telephone, if necessary by instructed persons, and provide proof of them upon request (doctor's certificate, etc.).
8. If it becomes impossible to hold the event for reasons for which neither of the contractual partners is responsible, lmc's claims for fees already due shall remain unaffected in accordance with the payment schedule. For services rendered by lmc after the last due instalment according to the payment schedule, lmc shall be entitled to a corresponding portion of the fee for these services.
9. Withdrawal by the customer. The customer may withdraw from the event at any time before the start of the event. In the interest of the customer and to avoid misunderstandings, we strongly recommend that any withdrawal be submitted in writing. If the event is cancelled after an order is placed: 50% of the order value must be paid up to 4 weeks before the start of the event; up to 2 weeks before the start of the event, 75% of the order value must be paid; up to 1 day before the start of the event 90% of the order value must be paid. The customer may prove lesser damage.
1. For any damage to persons or property caused by employees or agents of lmc, lmc shall only be liable in the event of gross negligence or willful misconduct, unless there are compelling statutory provisions to the contrary.
2. The customer shall bear the operational and personal risk for the proper conduct of the event and full liability for the safety of the agents and equipment of lmc. lmc accepts no liability whatsoever for damage of any kind caused by visitors. Theft, shrinkage, glass breakage and any costs incurred as a result of damage to the premises, the rooms or underground lines caused by the installation of exhibition stands, stages, tents, play equipment etc. shall be borne by the customer.
3. In the event of culpable non-fulfilment of the contract or culpable breach of contract, lmc shall only be liable up to the amount of the agreed fee. The assertion of further claims for damages against lmc is thus excluded. In the event of culpable breach of contract by the customer, lmc shall not be obliged to hold the event.
4. In particular, lmc shall not be liable for the performance and willingness to perform or defects in the performance of third parties and their agents, nor for the timeliness of the performance of these persons or other disruptions in performance which may occur within the framework of the contractual relationships with these third parties. lmc is not liable for the realization of a sponsor concept. The above exclusions of liability shall only apply insofar as there are no compelling statutory provisions to the contrary or insofar as the disruptions to performance are not attributable to intent or gross negligence on the part of lmc.
5. lmc is responsible for examining the legal admissibility as well as the technical and artistic justifiability of the measure developed by lmc with the diligence of a prudent businessman. Liability is generally excluded if lmc nevertheless carries out the measure on the instructions of the contractual partner despite the objections raised. In this case, the customer shall indemnify lmc against any third-party rights asserted against lmc on the basis thereof.
6. If lmc in the performance of this contract concludes contracts with third parties on behalf of the customer, the order-related activity shall be limited to the selection of the relevant contractual partner and the conclusion of the relevant contract, subject to the limits set in this contract. In particular, lmc is not obliged to monitor the execution of such contracts itself. Such third parties commissioned by lmc – with regard to the relationship of lmc to the customer – are not vicarious agents of lmc.
1. Both contracting parties undertake not to provide any third party with information about the agreed fee. The contracting parties shall permit each other to issue press releases which, however, must be authorized by both contracting parties prior to publication. Upon request, lmc must be named in any publications as the author and agency carrying out the work.
2. The ideas and concepts outlined remain the intellectual property of lmc. Any further use, passing on to third parties, partial or complete realization requires the consent of lmc. lmc must strictly adhere to the third-party regulations which form the basis of a particular event (e.g. sports or competition events).
3. lmc is entitled to document the production on image and sound carriers of any kind and to distribute or publish all photo, video, film and EDP recordings resulting from the contractual relationship as well as other technical reproductions for its own advertising or editorial purposes without any restriction on content, area or time of use. lmc reserves the right to object to any use and distribution of image, sound and data media of any kind by the customer or by third parties going beyond the scope of the contract.
V. Final provisions:
1. Should any individual provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The ineffective provision shall be replaced by the parties to the contract by an effective provision which corresponds to the commercial sense and purpose of the contract.
2. Verbal ancillary agreements shall be deemed as not having been made. Amendments and supplements to the contract must be made in writing.
3. This agreement as well as the entire legal relationship between the contracting parties are subject to the law of the Federal Republic of Germany.
4. The exclusive place of jurisdiction for all disputes arising directly or indirectly in connection with this contract shall be Stuttgart, irrespective of which of the two contracting parties brings an action.
Stuttgart, January 2016