General terms: The organizer – legally speaking – is the purchaser. These terms & conditions (referred to as “Ts&Cs”) are valid exclusively for all transactions between the purchaser (referred to as “organizer”) and the agency ARS MEDIA KONZERTSERVICE GmbH (referred to as ARS MEDIA) and the artist(s) with ARS MEDIA. The purchaser agrees to the validity of the Ts&Cs through signing the proposal or contract for the proposed business dealings. Ts&Cs of the client are only valid, if ARS MEDIA is explicitly agreeing to them in writing. In case individual regulations of these Ts&Cs are invalid, all other obligations mentioned within these Ts&Cs as well as contracts, which were signed by agreeing to these Ts&Cs, will not be affected. The invalid regulation has to be replaced with a valid one, which is as similar as possible in its meaning and purpose. The Ts&Cs of ARS MEDIA are valid for private persons as well as businesses alike, unless a differentiation is stated in the particular article.
1. Confidentiality & Alterations: Any alterations or oral subsidiary agreements to the contract must be made in writing (e-mail, letter, messenger services – e.g. WhatsApp). Both contracting parties are obligated to keep all information, which have been revealed through corporate activities - especially the conditions of the contract – confidential and will not pass it on to a third party.
2. Mediation: Both contracting parties declare that the contract on the reverse side is an agreement arranged exclusively through ARS MEDIA. Both contracting parties agree herewith to engage ARS MEDIA as their agent for any subsequent agreements for a period of 3 years from the date of signature (in case of a series of events, the last day will count).
3. Deal & deadline: All proposals of ARS MEDIA are without obligation. The particular contract, which includes all agreed services (scope of work) and compensation, will be viewed as basis of the business relationship. Both contracting parties must return the sent contracts signed within 10 days, counted from the day the contract has been sent by ARS MEDIA. If they fail to do so, the other party can resign from any obligations. If ARS MEDIA is involved in the contract as an agent/mediator, and not as a contracting party, the contract on the reverse side is only valid as from the date on when both parties, the organizer/signatory and the artist(s), have signed.
4. Ownership: All ideas (including presentations, proposals, pictures, sketches, suggestions, concepts, drafts, specific public relation activities, event schedules or individual parts of it, etc.) are viewed as intellectual property of ARS MEDIA. It is not permitted to pass on any ideas to a third party or publish, duplicate or distribute any ideas without the explicit approval of ARS MEDIA.
5. Artists’ status: If not specified differently, the artist is independent in work, tax and social rights. The artist is neither a working dependent of the organizer nor of ARS MEDIA and as such, the artist is not bound by instructions. Unless it isn't specifically mentioned otherwise in the contract, the artist can freely decide about presentation and performance of their program. Clients' wishes regarding the program will be respected as long as they are part of the current artists' repertoire. ARS MEDIA is not responsible for any question of taste or a certain audience success.
6. Technical rider/technical necessities: The organizer of the event herewith agrees to provide the technical necessities free of charge and set up. Should the artist's appearance be cancelled fully or partially due to technical and/or electrical failures, the fee of the artists and the agency are to be paid on full. The organizer is liable for damages on instruments, light, video or sound equipment and other technical equipment, caused due to defective technical equipment or power supply. For all events (especially for pop concerts and open-air events,…) the organizer has to conclude a liability insurance for event organizers and present it to ARS MEDIA without being asked.
7. Security: The organizer is ensuring the personal safety of the artist(s), if necessary through hiring a security company. Furthermore, if technical problems occur which aren't caused by the artist(s) (e.g. not sufficient or dangerous power supply, not secured or dangerous stage constructions, not roofed open-air stages) but can endanger the artist’s life, the artist(s)/band are released from their obligation to perform till the problems have been cleared. The artist(s) are still entitled to receive the agreed fee.
8. Artist’s Cancellation: Should the artist's appearance be prevented by illness, accident, pregnancy, death of the artist himself, a close relative of the artist or a member of the artist’s group or due to other circumstances beyond the artist's control, ARS MEDIA will endeavor to provide a suitable substitute. The organizer will not be entitled to compensation, if the arrival of the artist(s) is not possible due to last minute weather changes (such as flooding, risk of avalanches, wind/storm, hail, etc.) which might cause road blocks, non-operating cable cars/elevators, etc..
9. Event Postponement: The postponement of an already booked event is possible while considering the following guidelines:
- The artist(s) and organizer have to agree to the new date of the event likewise. The date cannot be further in the future than 12 months (360 days) after the original date of the event.
- ARS MEDIA is reserving the right to hold back any already transferred payments for organizational work / initiating business contacts. Those payments will be credited to the total payment after the postponed event.
- The prices originally stated on the contract are subject to change (because of increased prices due to the economy, increased travel expenses, etc.). ARS MEDIA is invoicing the difference in price with the final invoice. The organizer will be notified in writing about the adjustment of the prices prior to the invoice.
- In case a new date can’t be agreed on, the cancellation agreement will come into effect (view section 10. Cancellation of the contract/ cancellation agreement).
10. Cancellation of the contract/Cancellation agreement: Should the artist break his contract, he is not entitled to the payment of his fee and has to pay a penalty in the amount of the fee agreed upon for the performance. In case of annulling the contract through a mutual agreement by the organizer and the artist(s), ARS MEDIA receives an agency commission from the contracting party who was initiating the cancellation (minimum € 300,- + 20% VAT).
The cancellation of the contract has to be communicated in writing to ARS MEDIA. The cancellation costs are calculated using the day the contract has been sent by ARS MEDIA as index (the compensation of damages beyond that will be impossible):
- Cancellation after contract signing 30% cancellation costs (minimum € 300,- + 20% VAT)
- Cancellation till 6 months prior to the day of the event (180 days) 40% cancellation costs
- Cancellation till 4 months prior to the day of the event (120 – 179 days) 50% cancellation costs
- Cancellation till 2 months prior to the day of the event (60 – 119 days) 75% cancellation costs
- Cancellation less than 2 months prior to the day of the event (59 days) 100% cancellation costs
- For events on the 24th, 25th, 26th and 31st of December 100% cancellation costs after contract signing
10.1. Pandemic cancellation agreement: In case of a cancellation of an already booked event because of a pandemic (Corona, pox, etc.), contracts will be allowed to be postponed (within 18 months, counted from the day of the event) at a short notice upon consultation with the organizer and the artist(s), if the Austrian government has issued the prohibition of events or the closure of event venues (such as catering businesses, restaurants, hotels, theatres, congress halls, etc.) on the day of the event. ARS MEDIA is reserving the right to hold back any already transferred payments for organizational work / initiating business contacts. Those payments will be credited to the total payment after the postponed event.
11. Terms of payment / bank charges: The amount of the fee and the terms of payment are going to be agreed on separately. If nothing else has been agreed on, the time allowed for payment will be 30 days, counted from the issue date of the invoice. The prices stated on the proposal are net prices (without VAT). The rate of VAT (value added tax) depends on the law applicable on the day of the event and will be shown on the invoice separately. Potential bank charges will be paid by the organizer.
12. Catering: Each artist and accompanying person (support personal, artist’s manager, technicians, staff members of ARS MEDIA …) receive, if not specified differently, the following catering services, free-of-charge, for the time between arrival and leaving the event venue (costs will be carried by the organizer):
- Period of booking less than 1 hour a sufficient amount of beverages
- Period of booking up until 2 hours a sufficient amount of beverages + snacks (canapés, cold platters)
- Period of booking for more than 2 hours a sufficient amount of beverages + a warm meal (1 hour prior to the performance)
If the organizer cannot provide any catering, ARS MEDIA will invoice € 30,- (without VAT) per person, who would have qualified for it, after the event.
13. Cloakroom & hotel rooms & parking space: The organizer of the event has to provide per artist 1 chair and a coat-tree according to the number of artists as well as a heated changing room with mirror, washing stand and non-alcoholic drinks. This is mandatory especially for acrobats and show acts. Is the location of the event more than 100km away from the artists’ home town, the organizer is obliged to pay for a bed and breakfast accommodation (4**** hotel). Unless otherwise agreed, the organizer has to arrange 3 car-parking spaces and 1 truck-parking space (only for bands and technical companies) close to the event venue free-of-charge. Occurring parking costs will be paid by the organizer and might be invoiced after the event, if necessary.
14. Copyright & right of publication: Any royalties (AKM, GEMA, SUISA or similar), which arise due to copyrights and rights of publishing, have to be registered and paid by the organizer. The organizer has to send the registration form of the royalties to the organizations AKM, GEMA, SUISA or similar, until 3 days prior to the event. Private celebrations are exempt from this regulation and are royalty-free. The registration forms can be found online by using the following links: Austria: https://www.akm.at/musiknutzende/. Germany: https://www.gema.de/musiknutzer/musiknutzung-oeffentlichkeit.
15. Publications: Live recordings of the event, created by the organizer or a hired third party, on cassette, DAT, CD, video or other visual and sound recording mediums as well as pictures are protected by copyright and are only permitted and released for publications by a written notification sent from ARS MEDIA. Staff members or representatives of ARS MEDIA are allowed to visit the event and take pictures, videos or audio recordings of the artist's performance. These recordings can be used publicly for promotion purposes (references) on ARS MEDIA platforms (Instagram, Facebook, website, etc.).
16. Public events: If not agreed on differently, ARS MEDIA is receiving 10 complimentary tickets for public events, which are not allowed to be dealt with as free trade.
17. Political/religious events: If the event should be used to advertise political or religious statements, ARS MEDIA has to be notified prior to the event. The already sent proposal or contract can be withdrawn should ARS MEDIA and/or the signed artist(s) not agree with the event and its purpose. In case this fact will be hidden, ARS MEDIA and/or the artist(s) are allowed to refuse the performance on a short notice – on the day of the event.
18. Data Protection: ARS MEDIA is allowed to save any information (name, address, e-mail, telephone or fax numbers, ID profiles from social media networks, any details and demands about the requested/offered services) revealed by the organizer and artist(s) for the future. This information can be used for advertising purposes and market analysis. If requested in writing the data can be deleted at any time.
19. Jurisdiction & taxes:
19.1. Austria: Possible taxes, royalties and insurances of any kind are the responsibility of the organizer. The court of justice in the city of Salzburg is to be accepted for judicial arbitration in the case of eventual disagreements over the contract. This agreement over the jurisdiction is not excluding the objection over the lack of jurisdiction of the legal process. It applies, without exception, Austrian right.
19.2. Germany – Bad Reichenhall branch: Possible taxes, royalties and insurances of any kind are the responsibility of the organizer. The court of justice in Traunstein is to be accepted for judicial arbitration in the case of eventual disagreements over the contract. This agreement over the jurisdiction is not excluding the objection over the lack of jurisdiction of the legal process. It applies, without exception, German right.
20. Gender identity: It has been refrained from using the terms "male", "female" and "non-binary" (m/w/d) due to simplification. Whenever one gender is mentioned, all genders are spoken to likewise.