The following general terms and conditions are provided to the customer by NEW LINE Brand Communication GmbH (hereinafter referred to as NEW LINE) and form part of the contractual agreements:
§ 1 Payment Terms
1. NEW LINE will prepare a proper invoice. All prices for agency services are generally net and, when engaging artists through the agency, are subject to the artist social security contribution according to the rates set by the artist social security fund and the statutory VAT applicable in the Federal Republic of Germany, even if not explicitly provided for in individual cases. If VAT is to be remitted to another government organization, NEW LINE is entitled to payment of this tax.
No discounts are granted.
The total amount is – unless otherwise agreed – payable without deductions:
– 80% of the contract sum upon signing the contract
– 20% of the contract sum within 14 days after the end of the event.
2. a) Travel costs and expenses for personnel commissioned by NEW LINE are, unless otherwise agreed, billed based on actual expenditure. Flights within Europe and intercontinental flights are in Economy Class. Train travel occurs in 2nd Class.
b) Travel costs and expenses for NEW LINE agency employees are, unless otherwise agreed, billed based on actual expenditure. Flights within Europe are in Economy Class, intercontinental flights in Business Class. Train travel under 350 km is in 2nd Class, and journeys exceeding this distance are in 1st Class.
c) Travel costs and expenses for the NEW LINE management are, unless otherwise agreed, billed based on actual expenditure. Flights within Europe are in Business Class, as are intercontinental flights. Train travel occurs in 1st Class.
3. All expenses and disbursements by NEW LINE, which are not to be covered according to the service description by NEW LINE, are billed based on actual expenditure plus a handling fee of 15%.
4. All services not covered in the service description are to be additionally remunerated by the customer, even if NEW LINE does not rely on third-party services but has the respective service performed by its own employees. NEW LINE is entitled to carry out work, which NEW LINE can contract out to third parties on behalf and for the account of the customer, through its own employees and then bill the customer separately.
5. NEW LINE is entitled to charge reminder fees and usual bank default interest in the event of default in payment. Any GEMA fees that may arise, as well as energy, water, and waste costs, will be borne by the customer.
6. Unless otherwise agreed, the invoice amount is payable within 14 days of invoice issuance. Default interest is calculated at 8% above the respective base rate per annum. The right to claim higher damages for default remains reserved.
7. Cancellation Deadlines & Policies
Any termination of a project after its written commissioning requires written form to be effective.
For already confirmed services, we charge the following cancellation fees on our agency services:
Cancellation by the customer up to 90 days before the originally planned date: Reimbursement of incurred project costs (agency and service provider costs)
Cancellation by the customer up to 45 days before the originally planned date: 50% of the confirmed contract sum
Cancellation by the customer from 30 days before the originally planned date: 100% of the confirmed contract sum
For the confirmed services of third-party providers, we base the calculation on their negotiated cancellation conditions.
§ 2 Execution, Organization, and Impossibility
1. The execution and design of the event are based on the existing concept. Major changes will be coordinated with the customer.
2. NEW LINE is free in the design of the program and performances in accordance with the agreed schedule. NEW LINE is not subject to the artistic instructions of a third party.
3. From the customer’s side, the exhibition and event spaces are made accessible to NEW LINE employees and contractors on the build-up, dismantling, and event days for the assembly of exhibition stands and stage structures, installation of lighting and sound technology, as well as for stage rehearsals. Dismantling begins immediately after the event ends. All event and room costs, such as energy, room rental, supervisory staff, hall technology, cleaning, fire brigade, emergency medical services, etc., are directly billed to the customer. Sufficient dressing rooms for personnel must be provided.
4. The conclusion of all contracts necessary for the execution of this agreement is carried out in the name and on behalf of the client. NEW LINE is hereby authorized by the client to conclude all contracts necessary or at least expedient for the execution and fulfillment of the agreement in the name of the client. NEW LINE is authorized to give instructions to suppliers engaged by the client for services for the event, in the interest and in the name of the client.
5. If the execution of the event becomes wholly or partly impossible for reasons attributable to the client, NEW LINE retains the right to the agreed fee. However, NEW LINE will credit whatever it saves as a result of being released from its obligation and whatever it earns or maliciously omits to earn by using its labor elsewhere. In open-air events, the client bears the weather risk.
6. In the event that it becomes impossible to provide contractual services or personnel shifts due to illness, action cancellations, or force majeure by NEW LINE or its agents, all claims from this contract become void. NEW LINE will notify the client of the hindrances immediately by fax, phone, or email and provide proof upon request (medical certificate, etc.). NEW LINE will, however, strive to provide adequate replacements.
7. If the execution of the event becomes impossible for reasons for which neither party is responsible, NEW LINE retains the right to the honorarium shares that have already become due according to the payment schedule. For the services provided by NEW LINE after the last due installment according to the payment schedule, NEW LINE is entitled to a proportional share of the fee corresponding to this service.
§ 3 Liability
1. For damage to persons or property caused by employees or agents of NEW LINE, NEW LINE is only liable in cases of gross negligence or willful misconduct, unless mandatory legal provisions state otherwise.
2. The operational and personal risk for the proper execution of the event, as well as full liability for the safety of NEW LINE’s agents and equipment, lies with the client. NEW LINE accepts no liability for damages of any kind caused by visitors. Loss, glass breakage, and any costs arising from damage to the grounds, rooms, or underground cables due to the installation of exhibition stands, stages, tents, play equipment, etc., are borne by the client.
3. In the event of negligent non-fulfillment of the contract or negligent breach of contract, NEW LINE’s liability is limited to the amount of the agreed fee. Further claims for damages against NEW LINE are thereby excluded. In the event of negligent breach of contract by the client, NEW LINE is not obliged to carry out the event.
4. NEW LINE is particularly not liable for the performance capability and willingness of third parties and their agents, as well as for any defects in their performance, or for the timeliness of such persons’ performance or other performance disruptions that may occur in connection with the contractual relationships with these third parties. NEW LINE is not liable for the implementation of a sponsorship concept. The aforementioned liability exclusions only apply insofar as there are no mandatory legal provisions opposing them or the performance disruptions are not attributable to intent or gross negligence on the part of NEW LINE.
5. NEW LINE is responsible for independently verifying the legal permissibility as well as the technical and artistic viability of the measures developed by NEW LINE with the diligence of a prudent businessman. Liability is generally excluded if NEW LINE implements the measures despite raised concerns at the instruction of the contracting partner. In this case, the client must indemnify NEW LINE from third-party rights that are asserted against NEW LINE as a result. This applies particularly if, at the client’s request, in the context of trade fairs, events, promotional activities, the distribution of advertising material, leaflets, or similar items, and/or addressing people on public streets or in public or private spaces takes place. In this case, the sole responsibility lies with the client. Fees, fines, and other (penal) payments that may arise will be explicitly borne by the client, especially if, at the client’s request, a licensing procedure is waived or if no licensing procedure can be carried out due to too short lead times.
6. Insofar as NEW LINE concludes contracts with third parties on behalf of the client in fulfilling this agreement, its contracted activities are limited to selecting the respective contract partner and concluding the respective contract within the limits set in this agreement. NEW LINE is, in particular, not obligated to monitor the implementation of such contracts itself. Third parties engaged by NEW LINE are not agents of NEW LINE in relation to the client.
§ 4 Miscellaneous
1. Both parties to the contract agree not to disclose the agreed fee to any third party. The parties are entitled to issue press releases. NEW LINE is further entitled to list the contractual partner as a reference including their logo on the NEW LINE website and in image brochures. In publications, NEW LINE must be credited as the author and executing agency upon request.
2. The outlined ideas and concepts remain the intellectual property of NEW LINE. Any further use, forwarding to third parties, partial or complete realization requires the consent of NEW LINE.
3. NEW LINE is entitled to document the production on any kind of audio and video media and to distribute or publish all photos, video and film recordings arising from the contractual relationship, as well as other technical reproductions for self-promotion or editorial purposes, without restriction of the territorial, factual, and temporal scope. NEW LINE reserves the right to object to any use and distribution of images and audio media beyond the contract by the customer or third parties.
§ 5 Non-compete Obligation of the Customer
1. The contracting parties agree to respect and protect the interests of their contractual partner. As part of the duty of loyalty, both parties are required to support the success of the service. They must refrain from doing anything that would make it impossible to achieve the purpose of the service and/or constitutes an unauthorized interference with the interests of the other contractual partner. In particular, the contractual party is prohibited from copying the developed concepts without consulting NEW LINE and using them commercially elsewhere. It is also prohibited to poach individual employees or agents employed by NEW LINE for advertising measures. The same applies to teams or groups deployed by NEW LINE.
2. In the event of any breach, the contractual partner of NEW LINE undertakes to pay an amount of 5,000.00 EUR plus statutory VAT. Additional claims are expressly reserved. If the claimed compensation exceeds the aforementioned amount, it will be offset against the contractual penalty. The other contracting party may demonstrate that a lesser damage has occurred.
3. This restriction is lifted one year after the termination of the underlying contract, both domestically and abroad. This clause also applies to entrepreneurs as defined in § 310 para. 1 BGB.
§ 6 Final Provisions
1. Should a single provision of the contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision is to be replaced by a valid provision that corresponds to the economic sense and purpose of the contract.
2. Oral agreements are considered not to have been made. Any changes and additions to the contract require written form.
3. This agreement and 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 is – insofar as legally permissible – the District Court of Berlin, irrespective of which of the two contracting parties files suit.
Berlin – 05.03.2020