Terms & conditions
General Terms and Conditions Fairy In Boots BV
General Terms and Conditions Fairy In Boots BV
Definition and Services
Fairy In Boots BV (VAT BE1015 782 416), hereinafter referred to as ‘the company’, acts as a creator, producer, and performer of musical and visual acts and performances. Only the services and goods as described in the quotation can be demanded by the client.
1. Agreement
A collaboration, including agreements made by representatives or agents, is only binding if explicitly confirmed in writing by the company.
2. Cancellation and Force Majeure
The client cannot unilaterally suspend the agreement without mutual written consent. Cancellation by the client due to demonstrable force majeure will be accepted if communicated in writing. In situations of force majeure such as COVID-19 or other nationally recognized emergencies, cancellation is permitted provided there is a guarantee of future collaboration with the company. Unilateral cancellation by the client will result in a compensation of 50% of the total agreed fee if the cancellation occurs at least 30 days before the performance. If cancelled less than 30 days prior, the full fee will be invoiced as if the assignment had been performed.
3. Safety, Liability, and Insurance
Both parties are obliged to ensure the safety of personnel and attending guests. If an accident occurs that could have been prevented with appropriate safety measures, the responsible party may be held liable. Each party is deemed to have taken out at least all legally required insurances relevant to their role in the agreement.
4. Use of Recordings
The company reserves the right to request recordings made from the client and/or end customer. These recordings may be used by the company for non-commercial purposes, provided correct attribution to the client, unless otherwise agreed in writing. The client also has the right to use created images for non-commercial purposes, provided this does not harm the reputation of the company. In case of doubt about the use, the client must request written permission from the company.
5. Payment Terms
Unless otherwise agreed in writing, the invoice is payable within 30 calendar days of the invoice date. In case of default, the outstanding amount will be increased by an annual interest of 12% and a fixed compensation of 10% (minimum 100 EUR). Default entitles the company to suspend current and future deliveries or to dissolve the agreement, while retaining the right to compensation.
6. Technical Facilities and Quality
The company is not responsible for inadequate sound and light quality due to insufficient or faulty technical equipment, nor for unfavorable environmental conditions. The client must ensure that the conditions are suitable for a musical and/or visual act, without disturbing ambient noises.
7. Outdoor Performances
In unfavorable weather conditions, the client must provide an alternative, such as a canopy or relocation to an indoor venue. If the performance cannot take place as a result, the full fee will still be invoiced as if the assignment had been performed. The client is referred to the company’s technical sheet, which clarifies the feasible and unfeasible weather conditions for each assignment.
8. Intellectual Property and Copyrights
All intellectual property rights remain the exclusive property of the company, unless otherwise agreed in writing.
9. SABAM and Copyrights
All costs and obligations arising from SABAM-related rights and other copyrights are entirely borne by the client. All agreements regarding any transfer or use of copyrights must be confirmed in writing and prior to the performance.
10. Technical and Hospitality Riders
The technical and hospitality riders are sent by email and form an integral part of the agreement. By signing the agreement, the client declares to agree with the terms and obligations stated in the riders. If problems arise, these will be discussed in mutual consultation and confirmed in writing.
11. Pleasant Cooperation and Respectful Communication
Fairy In Boots considers it important that every collaboration takes place in a pleasant and respectful working environment. By entering into this agreement, all parties agree to actively contribute to this. The client, or their representatives, will ensure a warm and hospitable welcome for the artists and employees of Fairy In Boots. This means a respectful and friendly approach, both during preparation and on the day of the performance. For our part, Fairy In Boots promises to communicate in an open, honest, and sincere manner with all involved parties. Together, we work towards a positive atmosphere where everyone feels heard and valued, with the aim of a successful and enjoyable collaboration for all parties.
12. Newsletters and Updates
By entering into an agreement with Fairy In Boots BV, the client automatically grants permission to be added to the recipient list for newsletters and updates from the company. The client can unsubscribe from this communication at any time and in a simple manner via the unsubscribe link provided in every newsletter.
13. Applicable Law and Dispute Resolution
Belgian law applies to the agreement. In case of disputes, parties will first try to reach an amicable settlement. If this is not successful, the dispute can be submitted to a mediation or arbitration procedure. If these options fail, the dispute will be settled by the competent court of the jurisdiction where the company is established or where the assignment was performed, at the company’s discretion.
