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Conditions for live performances
1) Taking an option:
An option will stay valid for 14 days maximum. If we receive a definite reservation in the meantime from someone else for that same date, we will get in touch with you and give you a full 24 hours to change your option into a reservation. If this is not possible, your option will be cancelled.
2) Cancelling an option:
You may cancel an option at all times, without costs and without reason.
3) Open air performances:
Open air performances will always take place under some sort of roofing. Direct sunlight and rain or wind are not acceptable circumstances for us to work under.
4. Performances inside:
Performances inside are always possible under all circumstances except near large sound installations or in darkness.
5) Cancelling a performance:
If you decide to cancel a performance, then you will be billed according to the following percentages:
0-10 days before a performance……100%
11-20 days…………………………. 80%
21-30 days…………………………. 60%
31-45 days…………………………. 40%
46-60 days…………………………. 20%
Likewise we also commit ourselves to the contract and if we are, for whatever reason, unable to comply, the customer/client can demand compensation.
5) Copyright:
None of the artwork made during a live performance may be published, made public or reproduced without consent of the artist.
General conditions studio artwork
- Unless otherwise documented, the customer/client has the exclusive, one time only right, by way of the fee agreed upon, to publish the artwork made by the illustrator.
- Unless the territorial extent of the copyright has been otherwise determined, it shall be limited to the Dutch speaking community within Europe
- Unless otherwise determined, the time span that artwork may be used (staring from the date of publication) shall not exceed 12 months.
- Unless otherwise determined, the copyright of the artwork shall remain with the illustrator.
- Unless otherwise determined, the artist retains ownership of the artwork at all times.
- Unless otherwise determined, the duration of the exclusive rights to the artwork will be limited to 12 months.
- Payment shall take place within 30 days after billing. If payment does not take place within this period, the customer/client will be summoned to pay interest over the amount due equal to the rate determined by law. The customer/client is also committed to paying the non-judicial recovery costs, fixed at a minimum of 15% of the total bill with a minimum of 125 Euro.
- In the case of unforeseen additional work and/or extended deadline, the illustrator and the customer will determine an additional fee together. Additional work in case of alteration in the commission or the briefing shall be paid by way of the illustrator’s customary fees.
- In case the completion of the product should take longer than the month normally expected, the illustrator has the right to lay claim to a reasonable monthly advance.
- The customer/client shall safeguard the illustrator from damage claims regarding the copyrights of reference materials such as photos, drawings, and such, that have been provided by the customer/client for the illustrator’s use, as well as unwilled damage, loss or destruction of material and/or data provided by the customer/client.
- The illustrator guarantees that all delivered artwork is original and safeguards the customer/client from lawsuits concerning unauthorized use of copyrights unless this has been required by the customers/client according to article 10. In such cases when resemblance to said material is required, then the customer/client will safeguard the illustrator from lawsuits by a third party.
- The illustrator has the right to sign his work at all times. In the case of commercial use, the illustrator shall be consulted as to how and where his name shall be placed. In editorial material the placing of the illustrator’s name is at all times mandatory. If this condition is not followed up, the fee for publication rights will be increased by 100% with a minimum of 200 Euro.
- If the commission is cancelled without a legitimate reason the customer/client is liable to pay the full amount, unless it is a case of clear default by the illustrator.
- Unless otherwise documented, the customer/client shall return, undamaged, all sketches, whether approved or disapproved, within two months after delivery. The customer/client is not allowed to reproduce or publicize these sketches, or parts thereof, in whatever form, without the written permission of the illustrator.
- Unless otherwise determined, the customer/client shall return undamaged, all illustration material to the illustrator within 6 months. The illustrator is obliged to keep that material at the customer’s disposal for at least two years.
- The customer/client is not allowed to change the illustrations, or have them changed, without the explicit permission of the illustrator.
- Should the customer/client lose, damage or otherwise misplace the originals that are in his direct care, he is obliged to refund the illustrator for damages caused thereby. The cost of damage is at least twice the previously established publication fee with a minimum of 750 euro.
- Should the customer publicize an artwork without explicit permission from the illustrator in any other manner than originally contracted, he is liable to pay twice the original fee per publication.
- The customer/client shall provide the illustrator with at least two free examples of the publication or that part that pertains to the commission, as soon as publication has been realised.
- In case the customer/client does not meet the payment regulations as agreed upon in article 7, he will lose all rights to publication and/or reproduction of the artwork that has been at his disposal.
- These conditions have been officially laid down in the Dutch Registry of Law. All differences pertaining to this agreement will be presented at the Dutch court of law in Arnhem.
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