A Deal Memo will be sent / is being sent to Organizer to confirm a performance by Artist and is considered legally binding including these Terms and Conditions, remaining in full effect until a performance contract (long form) is fully signed by all respective parties. Until then, or in case no long form contract should get signed for whatever reason(s), the Deal Memo including these Terms and Conditions shall stand.

1. Definitions

Definition of Parties

Artist	Artist is defined as the performing artist. Any performance agreement is closed between Artist and Organizer.
Agency	Burnagement is the agency representing the Artist. The performance agreement is not closed between Agency and Organizer.
Organizer	The entity booking the Artist and ensuring that all obligations on the side of the Organizer or promoter or third-party organizer are met.

 

 

 

Term Definitions

Venue	The location where the performance takes place.
Billing	The position on the Artwork / Line Up where Artist will be presented, i.e. how other artists will be named in relation to Artist on all promotional and advertising material.
Exclusivity	The area / radius (in driving distance) from the Venue in which Artist may not perform during a specified time frame. Exceptions may apply. An exclusivity only holds within the respective country borders. Any private or corporate show and radio shows (on and off air) as well as promotional appearances are excluded from the exclusivity. Any restriction on announcement for shows taking place in that radius must be specifically agreed to separately.

 

2. Nature of the Performance

Artist performs their duty at their own discretion and has complete control over the performance, including production and presentation. Organizer is familiar with the style and nature of the performance. Artist will render their performance as usual and to the best of their abilities. A postponement of the specified performance time by more than one (1) hour – independent of whether this can or cannot be attributed to the negligence of Organizer – requires the explicit prior consent of Artist. Artist is entitled but not obliged to perform at an earlier or later time than is specified in the Deal Memo. Should the start of the performance be delayed by more than one (1) hour – independent of whether this can or cannot be attributed to the negligence of Organizer – and for which Artist is not responsible, Artist’s obligation to perform will be excused while Organizer’s obligations persist in their entirety. Artist is not obliged to refund any already paid fees.

3. Fee and Payment terms

The agreed artist fee excludes agency commission (also referred to as agency or booking fee), travel costs, ground transport, accommodation, rider, catering, SFX, production. Unless otherwise agreed, it is understood that Organizer will provide and pay for these additional costs on top of the artist fee. 

The standard payment terms are: 50% of the artist fee upon signing the contract, 50% of the artist fee 30 days before the performance date and 100% of the agency commission 7 days after receipt of invoice. 

The agency commission is earned with the confirmation of a deal memo. For the avoidance of doubt: Shall the performance not take place; for whichever reasons; Agency does not have to return the agency commission, as Agency has performed its services.

4. Taxes

4.1 In the Artist’s country of residence, Artist pays income taxes themselves.

4.2. Any foreigner entertainers’ tax or other taxes/surcharges that may apply, for example, due to Artist’s performance taking place outside of their country of residence (potentially making certain foreign legal regulations and respective deductions applicable), shall be directly paid by Organizer to the respective authorized tax office, and if required, additionally, without being deducted from the total fee as agreed to in this contract.

4.3. Withholding Taxes (WHT) and other miscellaneous taxes

4.3.1. If it has been agreed that Organizer may deduct or withhold a portion of the artist fee as withholding tax, Organizer agrees to and warrants a swift payment of all such deducted or withheld amounts to the applicable authorities. Organizer will send evidence of any documentation to Agency to enable Artist to apply for a tax credit for a deduction/withholding of this type. 

4.3.2. Organizer hereby agrees that the provided withholding tax certificate shall be under the name specified on the invoice provided by Agency as proof of payment.

4.3.3. If Organizer does not provide a valid WHT certificate (or such taxes are not paid and/or correctly submitted to the respective governmental authorities), Organizer will be liable for the wrongfully deducted amount and will pay the balance owed to Artist within five (5) business days.

4.4. Organizer shall indemnify and hold harmless Artist from and against any and all damages, claims, costs, judgments, fees, penalties, fines and/or otherwise in connection with any failure and/or delay by Organizer to pay any necessary taxes, fees, levies, and the like to the applicable governmental authorities.

5. Additional expenses

In addition to the Artist Fee and unless otherwise agreed, Organizer covers the following expenses (meaning Organizer arranges – in coordination with and after approval of Agency – and pays for all the following expenses):

5.1. of hotel rooms.

5.2. of travel expenses.

5.3. of all ground transportation between the train station / airport, hotel, venue etc. for Artist and touring party. Organizer shall receive the exact arrival and departure times at least two (2) days before the performance.

5.4. of a secure and free parking space (should Artist decide to arrive by car) in the immediate vicinity of the venue.

5.5. of enough drinks during the performance (as per Hospitality Rider).

5.6. of adequate care for Artist.

5.7 of warm catering including sufficient drinks for Artist, Crew and guests of Artist.

5.8. of all technical requirements according to the equipment agreement (as per Technical Rider as part of the Artist Rider) – this explicitly forms part of the agreement.

6. Advertisement 

6.1. Organizer must jointly agree with Agency on how the other artists will be named in relation to Artist on all promotional and advertising material (i.e. Billing). Any and all advertisement material on which Artist is mentioned must be presented to and approved by Agency or Artist in writing (e-mail is considered sufficient) before being published or announced. Any artist booked for this event on a date later to the date of this contract must be disclosed to Agency in writing and approved by Artist or Agency in writing (e-mail is considered sufficient).

6.2. For advertising material (flyers, posters, advertisements, Instagram posts, Facebook events, etc.), only the provided advertising material from the current press kit may be used.

6.3. Artist may be bound to an exclusivity agreement in line with another performance, which might be relevant to any announcements. Additionally, Organizer must meet their payment obligations before announcing the performance. Due to these (and other) reasons, an announcement or publication is, hence, only permitted after written approval given by Agency (e-mail is considered sufficient). The right to claim damages remains explicitly reserved.

6.4. There must not be any connection between other products/services and Artist, in particular, with their public performances within the scope of the performance, without prior written consent from Artist or Agency (e-mail is considered sufficient). To avoid any doubt: Artist and any sponsor of the event may not be named together. 

7. Execution of the event

7.1. Organizer executes the event on their own behalf, on their own account and at their own risk. 

Organizer is furthermore obliged to obtain any relevant and necessary legal permits for the execution of the performance and bears all respective costs. Upon signing this contract and beyond, Organizer indemnifies and holds Artist and Agency harmless from and against any and all claims for damage, loss or expense from third parties that may be claimed against Organizer in connection with the previously stated obligations, responsibilities and duties arising from this contract. This indemnification also applies to any resulting legal costs.

The economic proceeds from the event, as well as bad weather at open air events are not a decisive factor for the payable fee to Artist. To avoid any doubt: should the event not yield the economic success which Organizer hoped for / forecasted, and/or should the performance not take place for whatever reason, the artist fee as well as agency commission are still to be paid and specifically must not be returned to Organizer. 

7.2. Organizer registers the performance with the responsible collecting society and pays the resulting dues. Any other dues to authorities or regulations applicable (such as social funds for artists) shall be registered and paid by Organizer. Upon signing this contract and beyond, Organizer indemnifies and holds Artist and Agency harmless from and against any and all claims for damage, loss or expense from third parties that may be claimed against Organizer in connection with the previously stated obligation, responsibilities and duties arising from this contract. The indemnification also applies to any resulting legal costs. 

8. Non-materialization of the performance

8.1. Should the performance not take place for reasons for which Artist is responsible, Artist will be released from the obligation to perform, and Organizer will be released from the obligation for payment. Any advance payments already executed will be refunded by Artist. Each party bears the costs incurred. Organizer cannot enforce any other claims against Artist. 

Agency continues to be entitled to the agency commission (agency fee). Agency and Organizer will mutually agree on a new date for the performance for which the same conditions apply as stipulated in this contract. 

8.2. In the event of the event as such, or the performance itself, not taking place for circumstances for which Artist is not responsible, Organizer continues to be fully liable for payment of the full Artist Fee, as agreed upon in in section 2, as well as any non-returnable out of pocket expenses (e.g., pre-booked travel expenses) that form part of this agreement and which have occurred before Artist or Agency was informed of the non-materialization of the performance. The aforementioned circumstances include, but are not limited to, the cancellation of the event itself, for whatever reason, by Organizer or – in case of Organizer not executing the event on site – by the local organizer. The same applies to the non-materialization of the event due to not obtaining all necessary legal permits. Organizer is liable for the cancellation of the event by third parties (e. g. local organizers, authorities etc.) just as Organizer is liable for the cancellation of the event at its own discretion. 

Agency continues to be entitled to the agency commission (agency fee).

8.3 In the event of Force Majeure, inevitable governmental or official measures and provisions that render the event impossible, illness of Artist or one of the essential crew members of Artists, severe illness or death of a family member or spouse of Artist, in the event of strikes or failure / significant delay of public transportation that render the event impossible for Artist, the parties are freed from their obligations as agreed to in this contract. Neither party can enforce any other claims of any sort against the respective other party; each party to this contract bears its own incurred expenses. 

Nonetheless, under such circumstance, the agency commission (agency fee) is still to be paid and any expenses, which are not covered by the agreed artists fee and that have already materialized and are non-refundable (such as travel or hotel expenses), are to be reimbursed by Organizer. Both parties will mutually agree on a new date for the performance for which the same conditions apply as stipulated in this contract

9. Cancellation of the performance by Artist

9.1. Artist is entitled to terminate the agreement or to cancel / discontinue the performance in the following cases:

9.1.1. if the safety of Artist, touring party or crew of Artist and / or guests of Artist as well as crew of the event is at risk. 

9.1.2. if the audience is at risk.

9.1.3. if the performance cannot be executed from a technical or artistic point of view

9.1.4. in case of non-payment of the advance payment or payment on the agreed date.

9.1.5 in case of non-compliance with the marketing and advertisement guidelines of Artist.

9.1.6. in case of non-payment of the total artist fee (in line with the agreed payment terms) and / or of other refundable costs and / or the agency fee to be paid by Organizer in line with the agreement before the start of the performance.

9.1.7. if the event cannot be executed to the agreed scope and / or the specified manner.

Furthermore, Artist has the right to terminate the contract without notice by not performing / cancelling or discontinuing the performance in case Organizer does not comply with its contractual obligations – such as in particular, any agreement on equipment (the so-called Technical Rider – see appendix) – which is explicitly part of the contract. This non-compliance includes, but is not limited to, the technical equipment not fully being available, not operational, or otherwise not in accordance with the contract.

9.1.8. In the cases mentioned above, Artist is no longer obligated to perform. Organizer remains fully liable of the full fee as well as the full agency commission and all costs to be refunded / reimbursed by Organizer in line with this contract.

10. Prohibition of recordings of the performance

10.1. Any recording or media exploitation of the performance of Artist must each (i.e., both the recording as well as exploitation) be approved by Artist or Agency in writing (e-mail is considered sufficient) before its recording (to avoid any doubt; two approvals need to be requested: one before the recording and one before the publication of the content). This includes photography, video and / or audio recordings, live streams, after movies, etc. For the avoidance of doubt: as long as there is no written consent, the performance may not be recorded nor exploited in any way.

10.2. Nobody, and especially not Organizer, is authorized to record the performance or to have the performance recorded in any form, either by himself or by a third party. Nobody is authorized to offer the recording of the performance to third parties nor to have it offered nor to promise the possibility of recording the performance to a third party, unless Artist gives prior written consent. Organizer is responsible to ensure this and is liable and can be held accountable for third parties.

10.3. In case of a violation, the right to claim damages remains explicitly reserved.

11. Insurance obligation, liability, and indemnification of Organizer

For the duration of the stay of Artist(s) at the venue, Organizer shall assume insurance and guarantee liability for the safety of Artist, musicians (if applicable), touring party and staff, guests of Artist as well as for the systems, instruments and sound carriers brought into the venue by Artist. Organizer also ensures that all necessary requirements by any relevant authority are met. Organizer additionally takes out its own liability insurance for the event, with a minimum of EUR 10.000.000 for personal injury and EUR 10.000.000 for property damage. From the beginning of the construction until the end of the dismantling, Organizer is liable in full for any damage caused by third parties to the system, the instruments, and other items that Artist requires to carry out the performance. Organizer shall indemnify and hold harmless Artist, Agency etc. from any liability claims with regard to personal injury and / or property damage that occurs during the performance – including to third parties; with the exception of cases in which the damage was caused by Artist’s own gross negligence.

12. Miscellaneous

12.1. Organizer acknowledges that the agreement exists between Artist and Organizer, and that Agency is hence not liable for any contractual breach for which Artist and / or third parties is / are responsible.

12.2. Artist has appointed the agency «Burnagement» as authorized signatory and authorized Agency to close (fee) agreements between Organizer and Artist for the event indicated, as well as for the issuance of further statements on behalf of Artist even after singing this contract, especially the termination of this contract. “Burnagement” acts in the name and on behalf of Artist.

The agency Burnagement is an independent agency for the placement of artists. Burnagement is only a service provider for the placement of performances and the handling involved. Burnagement is not responsible for the style of performance / execution of Artist’s obligation nor the duration of performance, which means that no claims (such as claims for compensation) resulting directly or indirectly from the booking and for which Artist is responsible can be asserted to Burnagement. These claims are to be directed towards Artist.

12.3. With the conclusion of this agreement, Organizer agrees that its data may be stored electronically for information purposes. Agency will regularly inform Organizer about the latest information on its artists via email. Organizer can unsubscribe from this service at any time via a link provided in the email.

12.4. The Artist Rider, with all its (possible) sections “technical”, “hospitality”, and “marketing” or “advertising”, form an integral part of the agreement. In case of a contradiction in terms of content between Artist Rider and the agreement, the Artist Rider precedes.

12.5. The agency is permitted to publicly announce the booking service.

13. Final provisions

13.1. Amendments, additions, or termination of the agreement must be made in writing. This also applies to waiving the written form requirement. 

13.2. Should any provision of the Terms & Conditions be or become ineffective, the remaining provisions are not affected in their validity. The invalid regulation will be replaced by a clause that comes closest to what was economically intended. The parties are obliged to clarify the respective contractual wording. The same applies to any loopholes that this contract may contain.

13.3. Organizer is obliged to keep all provisions of the agreement strictly confidential, especially those referring to the fee amount, from third parties, if they are not professionally sworn to secrecy.

13.4. The laws of the Federal Republic of Germany apply. The place of jurisdiction is Kleve.