Terms & Conditions

Standard Terms and Conditions Standard DJ-Agreement Client - Contractor 
(version: STC January 2007/1)
 

Article 1 Payment of remuneration
The Client must arrange for the payment of the amount mentioned in article 2 of the agreement after receiving a proper invoice. This means that the entire (invoice) amount must be remitted to the third party account of POWDeejays B.V. with account number 37.01.78.157 at the Rabobank on the date mentioned in the invoice. If the Client fails to fulfil this obligation, he/she shall be legally in default without this requiring a more detailed formal notice or notice to pay or perform. The extrajudicial costs related to the procedure for enforcing payment of this amount shall be borne by the Client. From the date that the Client is in default, he/she is liable to pay interest equal to the legal rate of interest applicable.
 
Article 2 Promotion
Promotional activities making use of the name and/or image of the Contractor (DJ) in relation to the performance shall only take place in consultation with the Contractor and after obtaining permission for this from the Contractor. The reproduction of name and/or image, as intended above, shall take place in consultation with and only after obtaining the express prior consent of the Contractor to the means of reproduction.
 
Article 3 Fine
In the event of an infringement of a prohibition and/or an article of the agreement in which the Client forfeits a fine in accordance with the agreement, this shall concern an immediately payable fine of EURO 10,000 (in words: ten thousand euros) multiplied by EURO 500 (in words: five hundred euros) for each day during which the infringement continues, notwithstanding the Contractor’s right to collect a fee in compensation for actual damages, in addition to the fine. 
 
Article 4 Termination of the agreement
By the Client
The performance, as mentioned in article 1 of the agreement, may be repudiated in writing by the Client, stating the reasons, whereby the following obligation to pay based on /in relation to the fee (based on article 2 of the agreement) shall apply to the Client. Discharge of the obligation by the Client:
- From 0 to 7 days before the performance: 100%.
- From 7 to 14 days before the performance: 75 %.
- From 14 to 21 days before the performance: 50%.
- Up to 21 days before the performance: 0 % (obligation to pay expires). 
 
By the Contractor
The Contractor is entitled to terminate the agreement with immediate effect:

a.	If the Client has failed to satisfy his / her obligation to pay based on this agreement in due time; and/or
b.	if there is a possibility of television performances by the Contractor in the Netherlands; and/or
c.	if there is a possibility of a (television) performance abroad by the Contractor.

In cases b and/or c the obligation to pay by the Client shall expire.
 
Article 5 Force majeure
If the performance by the Contractor, as mentioned in article 2 of the agreement, cannot take place due to force majeure, the Contractor’s obligation to perform his/her activities shall expire and the Contractor shall in no case be liable for damage incurred by the Client and/or any third parties. Furthermore, force majeure shall include among other things:
Fire in the building which in which the performance is meant to take place, damage to the material which the Contractor uses in his/her activities, illness of the Contractor, weather circumstances such as heavy storm, rain, snowfall and/or other damage-causing events; furthermore government measures, deadline regulations, political and other disturbances, transport difficulties, the cases mentioned as the consequence of which the performance can only go ahead with great difficulty. In the case of force majeure the Contractor shall notify the Client directly.
 
Article 6 No liability
The Client emphasises and agrees that POWDeejays B.V. may in no event be held liable and shall not be in the broadest sense for damage and/or costs in relation to the agreement (including but not restricted to the coming into existence, application of the agreement and/or deficit in the application of the agreement).
 
Furthermore, the Client is aware that the Contractor, by means of an authorization /agreement, releases POWDeejays (B.V.] from liability in the broadest sense in connection with this kind of agreement (bookings) and therefore also from liability in connection with the – present - agreement. The Client recognizes this release from liability and agrees with it.
 
The Client shall in all cases recover his/her damage and costs from the Contractor and not from POWDeejays B.V. 
 
Article 7 Final provisions

a.	Parties shall refrain from making negative announcements in the broadest sense. More generally, parties shall refrain from every action which could harm the name and/or reputation of (one of) the parties.
b.	Parties undertake to maintain confidentiality regarding the content of the agreement.
c.	Amendment and/or changes(s) to this agreement shall only be valid if and insofar as agreed in writing between the parties.
d.	This agreement is governed by Dutch law. Any differences shall be presented to the competent judge in the district of Amsterdam.