Article 1. General
These terms and conditions apply to all offers, quotations and agreements between Entertainment on Ice , hereinafter referred to as: “User”, and a Counterparty to which User has declared these terms and conditions applicable, insofar as the parties have not deviated from them expressly and in writing.
These terms and conditions also apply for the benefit of third parties engaged by the User for performance. The applicability of any purchase or other conditions of the Other Party is expressly rejected.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or voidable, the remaining provisions of these general terms and conditions shall remain in full force and effect. User and the Other Party will then consult in order to agree on new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and meaning of the original provisions.
If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place “in the spirit” of these provisions.
If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation should be assessed according to the spirit of these general terms and conditions. If the User does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
Article 2. Definitions
The “client”: the one who grants Gebruikerde order to engage artists and or perform the (further) organization of an event, (theater) production or festivity;
The “assignment”: the performance to be delivered by the User in the broadest sense of the word, artistic or otherwise; The “supplier”: the person who has undertaken, directly or indirectly, to supply services and/or make items available to the User, all this in the broadest sense of the word, such as, among other things, with regard to room hire, transportation, decoration, lighting, sound, catering and security.
The “artist”: the (professional) practitioner in the field of Arts,amusement, entertainment and events that take place on an ice rink, who has undertaken to perform a certain artistic performance towards the User. Practitioner (professional) means: (I) artist, skater, acrobat, musician and or performing artist, who participates, for payment, in performances, concerts and or performances that can be directly observed by the public or recorded for the purpose of publication, (II) one who provides direct technical or artistic assistance for a fee for the purpose of the aforementioned performances, concerts or performances, (III) the person who, for a stipulated price for a client, creates a material work of artistic value; The “buyout fee”: the artist’s fee, including payroll tax and employee insurance premiums and possibly to be increased by sales tax;
Article 3. Establishment of agreements
- All User’s offers, whether written or oral, are always
- User will record the agreement with the Other Party in writing and provide it to the Other Party as soon as possible
- The Other Party shall ensure that a signed copy of this Agreement is filed with the User within no later than 5 (five) days of the date
- If the signed agreement is not received by the User within this period mentioned in paragraph 2, the User, subject to the right to fulfillment, shall be entitled to rescind the agreement without being liable for damages
- Any additional or amended agreements to be made after signing concerning
- the performance or production shall be effective only if agreed to by the parties in writing.
- An order is given when the client/user or his representative books a specific artist or production through Entertainment on Ice or agrees to an order; the following applies to both final orders and to
- In the absence of agreements to the contrary with Entertainment on Ice, the order confirmation or invoice sent to the client, as the case may be, with the specifications and exclusivities indicated thereon, shall be binding between the parties in terms of determining the content of the agreement.
- The order confirmation shall serve as the basis for calculating the rate and booking prices, without prejudice to the following; for all artists, during the option period, they basically reserve the right to turn down an option order. The client declares to have knowledge of and to act within the set framework of the Working Hours Act.
- Additional work will be charged separately. Additional work is calculated on the basis of the conditions set at the time of entering into the contract. Less work will only be settled if the parties have agreed to this in advance in writing.
Article 4. Provisions relating to the assignment
- The client expressly declares that he is familiar with the nature or quality of the performance of the artist(s).
- If government permits and or exemptions are required with respect to the assignment to be performed, the client shall ensure that they are actually present. The cost of applying will be borne by
- Client hereby expressly declares that all consequences resulting from not (or no longer) having the permits and or exemptions are at his expense
- The artist will make every effort to be present well in advance, with all items required for the assignment, unless it has been agreed in writing that certain items required for the assignment will be supplied by the User or client
- It is not permitted to make image and/or sound recordings without written permission from the User, unless otherwise agreed in writing
- If the artist is unable to perform during the performance of the contract as a result of illness or force majeure, the User will be entitled to have the contract in question performed by another artist of equal standing, in which case any additional costs reasonably incurred will be borne by the Client, without the Client having the right to (partially) cancel or rescind the contract.
- The funds to be remitted pursuant to any intellectual property right shall be borne by the client, unless otherwise agreed in writing-
Article 5. Obligations for client
- If necessary for the proper conduct of the assignment, the client will provide a professional order and first aid service, with the client remaining liable at all times for maintaining order during construction, execution and
- The client also ensures that the performer’s distance between dressing room and stage is undisturbed and safe
- Client is required to provide an orderly and lockable dressing room, at least equipped with the necessary washing facilities, mirror, lighting and
- If it turns out that the popularity of the artist on the date of performance of the
- The client shall provide the artist and his employees, who must necessarily be present during the performance of the contract, with two free refreshments per hour during the performance, unless otherwise agreed in writing.
- If the participation in the performance of the assignment lasts longer than 4 (four) hours, the artist and the aforementioned employees are additionally entitled to a simple meal provided by the client.
Article 6. Intellectual property
The intellectual property rights to all concepts developed and elaborated by the User for the benefit of an order (or part of an order), which are presented and/or made available to the Client, including offers, documentaries, designs and/or other elaborations (written or digital), belong exclusively to the User. Client is not permitted to use the aforementioned concepts or to disclose their contents to third parties without the prior written consent of User.
Article 7. Prices
- Price quotations are always made on the basis of the prevailing price at the time of the quotation and or conclusion of the agreement.
- If price increases occur on the part of the User between the time of concluding the agreement with the Other Party and the time of fulfilling the obligation under this agreement, the User is entitled to charge these to the
- Unless otherwise stated, all quotations are exclusive of sales taxes except those payable to BUMA/STEMRA and SENA.
- If the offer or agreement mentions a buy-out price, this is the buy-out price as described in article
- All prices are set including Entertainment on Ice’s brokerage fee and excluding sales tax.
- Also, a so called finders fee and/or a so called casting fee to be agreed upon may be charged.
Other standard guidelines are:
- Work and travel times are rounded up to the nearest half
- Hourly rate: this rate is charged as a minimum rate for each booking;
- Day rate: this rate is charged for a 1-day booking. Artists stands in this
- case actually 8 consecutive hours at the disposal of the
- The above rates are entirely separate from the surcharges to be further agreed upon under the conditions below in connection with desired operations and the use of any equipment.
- Rates can be requested from one of the Entertainment on
- If the artist’s work takes place outside his own place of residence, the client shall reimburse the full travel expenses. Compensation on the basis of own transport shall be calculated on the basis of the legally permissible kilometer price or in the case of public transport on the basis of second class and presentation of ticket.
Article 8. Payment
- Unless expressly agreed otherwise in writing, payment by the client must be made within 14 (fourteen) days of the invoice date without the client being entitled to set off and or
- User is entitled to request an advance in payment of up to 100% of the
- If client has not timely fulfilled his payment obligation, he shall be in default by operation of law. User then has the right, without further notice, to demand compliance in court, or to rescind the order or to
- In the event of non-payment, incomplete payment or late payment, the Client shall owe interest on the amount owed to the User equal to the statutory commercial interest rate, whereby part of a month shall be treated as a whole month. In addition, the Client shall owe the extrajudicial collection costs.
- Without prejudice to the foregoing, the instructing party is also obliged to reimburse all other costs reasonably incurred by the User, including full legal costs. If the client acts contrary to this article, the User is entitled to suspend its obligations to the client.
- If there is more than 1 (one) client then each of the clients is jointly and severally liable to the User for full payment of the
- User is entitled to require security from the client for the fulfillment of his payment obligations. Client must provide this security at User’s first request.
- The Client must pay the User at all times and may not make payments to the artist and or supplier unless otherwise agreed in writing
- Having a complaint about an invoice or service is no reason to suspend or withhold payment. Entertainment on Ice is not obliged, in the event that the client does not pay the invoice, to have to pay the relevant booked artists
- Artist payment deadlines are listed in the artist intake form that everyone receives after successfully completing auditions.
Article 9. Remittances
The Artist will be fully liable for remittances such as, but not limited to, payroll tax returns, income-dependent health insurance contributions and social security contributions in respect of the payments due to the Artist, unless other arrangements have been made in writing.
Article 10. Options
The client can take an option on a booking assignment with an artist for a specific day. The option must be converted into a final booking at least 1 week before the assignment date. An option abroad is subject to a minimum deadline of 2 weeks prior to the assignment date; an option will automatically expire if the booking is not confirmed in time.
Article 11. Exclusivity
If the client expressly indicates a desire for exclusive use of the artist’s performance or images, Entertainment on Ice may make further arrangements with regard to the artist or production. Exclusivity can be stipulated with respect to all other commercial expressions of the artist or industry exclusivity. On the interpretation of this distinction, Entertainment on Ice’s judgment is decisive. The exclusivity must be stated at the time of booking order and will only be effective if this exclusivity is stated at the time of order confirmation/contract.
The Artist is solely responsible for safeguarding exclusivity agreements and is fully liable for damages resulting from his or her actions in this regard.
Article 12. Cancellation
The Other Party, client and/or artist must give the User full or partial notice of cancellation of the agreement concluded with the User by registered letter at least 2 weeks in advance. If the client and/or artist cancels the contract concluded with the User, the client or artist shall owe the User the total amount to be invoiced.
The Client is liable and fully indemnifies the User for any claim by any third party, resulting from the (partial) cancellation of the agreement.
Article 13. AVG legislation
Entertainment on Ice respects the privacy of performers, other party(ies) and visitors to productions. If the User and/or client wishes to make use of visual material or other type of material by which the identity of the artist or other persons present becomes known or visible, this will always be formalized by means of an AVG consent form.
Article 14. Complaints
Should unforeseen circumstances arise, the parties must notify each other immediately. Complaints, of any kind, regarding the execution of any order from the agreement concluded with the User must be reported immediately. Any damage that may occur should always be minimized by both parties. In addition, complaints must be described and justified as clearly as possible and communicated to the User by registered letter as soon as possible, but in any case within 7 (seven) days after the date of execution of the order, on pain of forfeiture. Complaints received after this deadline will not be considered.
Article 15. Liability/indemnity
User is not liable to the Other Party for any damage of any kind and regardless of the cause arisen. If and insofar as the User is subject to any liability, this liability will be limited to the amount invoiced or still to be invoiced by the User to the Other Party.
User is not liable for loss, theft and or damage to monies and or items belonging to the Other Party during the execution of the order.
The Client is liable for any damage to or loss of items made available to the Client by the User or third parties – whether or not for payment – as well as for damage to or loss of items used for the performance of the engagement by the Artist. The client indemnifies the User against any claims in this regard.
In the event of additional work and or force majeure, all costs and expenses incurred by the User and third parties, whether or not engaged by the User, shall be borne in full by the Client. The Client shall indemnify the User against any claims in this regard against third parties.
Without prejudice to the User’s authority to claim (partial) fulfillment or dissolution of the agreement or otherwise, the Other Party shall be fully liable for all damage, including consequential damage, suffered by the User as a result of not or not fully fulfilling any guarantee or obligation mentioned in these general terms and conditions. The Other Party indemnifies the User against third parties for any claims in this regard.
Article 16. Dissolution
The parties may dissolve the concluded agreement without notice of default or court intervention and without becoming liable for damages in this regard when:
- one of the parties is declared bankrupt;
- for one of the parties under the Natural Persons Debt Restructuring Act is commenced;
- the principal applies for or is granted suspension of payment;
- the client loses the authority over its assets or a substantial part thereof due to attachment or otherwise;
- user has good reason to doubt client’s ability to fulfill its obligations (in a timely manner).
Should any of the above-mentioned situations occur, any claim against Counterparty will be immediately due and payable.
Article 17. Force majeure
Unforeseen circumstances of any nature whatsoever as a result of which the User is unable to fulfill its obligations under the agreement entered into with the Other Party, or is unable to do so in a timely manner, or without additional efforts and or costs that are burdensome in its judgment, will count as force majeure for the User. In the event of force majeure, the User shall be entitled, with due observance of Article 11(4): either to dissolve (part of) the agreement with the Other Party by simple written notification of this to the Other Party, i.e. without the intervention of the courts and without the User becoming liable for compensation towards the Other Party as a result; or, in consultation with the Client, to postpone the execution of the order to a new time or date. If this results in additional work, Article 3, paragraph 5 shall apply.
Failure to obtain the necessary permit(s) or waiver(s) on the part of the client will result in the
Article 18. Disputes and applicable law
Dutch law applies to the agreements entered into by the User and their execution. In case of disputes, the court in Leeuwarden shall have exclusive jurisdiction.
Article 19. Location and conditions of amendment
These terms and conditions are filed with the Chamber of Commerce. The most recently filed version or the version valid at the time the legal relationship with the User was established always applies. The Dutch text of the general conditions is always decisive for the interpretation thereof.
Article 20. Digital Creation
The parties agree that agreements reached via electronic data interchange shall be binding between the parties and that information transmitted via electronic data interchange shall have conclusive force in any legal proceeding as to the agreements existing between the parties, subject to proof to the contrary by the party claiming that the evidence is not reliable. The agreement is concluded after the User confirms that the Other Party has accepted the offer and fulfilled the conditions set out therein, or at the time the User executes the order.
In the event of a conflict between the content, form or dispatch/receipt time of electronic messages sent by the parties, or of the information entered or left by them via a website and the content, form or dispatch/receipt time of the message received by the User or information received from the website, relevant information recorded in the administration or electronic databases of the User will be retained as compelling evidence in any legal proceedings, against the evidence of the party claiming that the evidence is not reliable.
An agreement by e-mail message is considered equivalent to a written agreement for the purposes of the general terms and conditions. In the event of a dispute as to whether or not such messages were received or sent, User’s electronic databases will provide compelling evidence.
E-mail messages are deemed to have been received if they are accessible to the other party, which in any case includes the moment they have reached the receiving party’s mailbox.