Terms and Conditions
VARIETY MUSIC
General Terms and Conditions (GTC)
The General Terms and Conditions (GTC) are a necessity and are intended to protect both contractual partners. They are designed to avoid misunderstandings. VARIETY MUSIC strives to create fair GTCs for both organizers and artists.
§ 1 Scope
1. The following general terms and conditions apply to all offers, deliveries, and services provided by VARIETY MUSIC, hereinafter referred to as the “Artist,” to organizers. They specifically apply to all services related to the planning, organization, and execution of musical accompaniment.
§ 2 Offer, Contract Conclusion, Scope of Services
1. All offers made by the Artist are non-binding until a contract is concluded. After an initial consultation, the Artist will provide the organizer with a cost estimate in writing via email and/or phone.
2. If the organizer accepts the cost estimate, a binding offer will be made. This offer incurs a fee of €80. If the organizer decides to accept the offer, they must notify the Artist in writing (e.g., via email).
3. The Artist is bound by the offer for 7 days from the date of the offer.
4. Upon signing the offer, the requested artists will be reserved for the event, and the €80 fee will be credited. With the signature, 30% of the total amount becomes due.
5. According to § 312g para. 2 No. 9 BGB, the right of withdrawal is excluded for time-bound services.
6. The scope of services corresponds to the accepted offer. Changes, extensions, or limitations of the order can be made by mutual agreement in writing. The performance contract will then be drawn up.
7. The Artist is entitled to make changes and deviations to individual contractual services if these become necessary for the orderly execution of the musical accompaniment after the contract conclusion. This right only extends to changes and deviations that do not impair the overall impression of the booked packages. Artistic freedom applies to the execution of the musical performance, meaning the manner of execution or set design cannot be grounds for subsequent complaints.
8. After signing the offer, the organizer will receive the performance contract, which expands upon the GTCs stated here. With the signed performance contract, the extended terms specified therein apply to the GTCs outlined here.
§ 3 Organizer’s Organizational Obligations
1. Organizational arrangements and procedures may only be discussed with the responsible bookers from VARIETY MUSIC and require explicit approval.
2. If the start time or location of the event changes, it must be communicated to the Artist immediately. If the Artist has another commitment on the same date that would be affected by the change, there is no longer an entitlement for the Artist to perform at the event.
3. All contractual contents also apply to third parties commissioned by the organizer.
4. Eight weeks before the event, the final briefing, which will be sent in advance, must be completed and returned to the Artist.
5. Recordings of the event on audio or video carriers may only be made and used for private purposes by the organizer. Commercial use, alteration, or publication on the internet or other media is prohibited without the Artist’s explicit written consent. In case of violation, the organizer will be liable for damages.
§ 4 Payment Terms
1. Upon signing the performance contract, a deposit (reservation/planning fee) of up to 30% is due, which must be paid to the Artist within 7 days, citing the invoice number.
2. For payment of the remaining fees, the organizer will receive invoices for the booked musicians by email approximately 6 weeks before the event. Regardless of receipt of the invoice, the payment deadline is always at least 7 business days.
3. The remaining fees must be paid via bank transfer and must be credited to the musicians’ accounts no later than 5 business days before the event.
§ 5 Musician Packages: Number of Songs & Selection
1. Wedding: Up to four requested songs are included for the ceremony and may be freely chosen. If a package including a wedding dance is booked, one additional song can be selected.
2. For receptions/dinners & party accompaniment, the song selection and design of the musical accompaniment are at the discretion of the Artist.
3. The organizer can express wishes, possible no-goes, and preferred genres, which the Artist will consider. No setlists will be sent in advance of the booking.
4. Feasibility: The song requests must be musically feasible with the booked lineup. If there are concerns about implementation, we will contact you.
5. It is possible to upgrade the number of songs for an additional fee.
§ 6 GEMA Fees
1. GEMA fees, if applicable, must be paid by the organizer.
§ 7 Cancellation Policy
1. After signing the offer, a payment of 30% of the total amount is due.
2. After the contract is concluded and up to twelve months before the event date, a cancellation fee of 50% of the remaining balance is due.
3. Up to four months before the agreed event date, a cancellation fee of 80% of the remaining balance is due.
4. If less than four months remain before the event date, a cancellation fee of 100% of the total amount is due.
5. If the event cannot take place due to force majeure, both contractual partners are released from cancellation payment obligations. Any expenses already incurred must be covered.
6. The cancellation policy takes into account the fact that a corresponding workload has already accrued in the specified periods and, in particular, from a certain point in time, the Artist cannot reschedule the date for another event. However, the organizer is free to prove that no damage occurred or that the damage is significantly lower than the stated lump sums in points 1-5.
§ 8 Illness/Unavailability of the Artist
1. If the Artist is unable to provide the contractual service due to illness, accident, or other significant reasons (e.g., death in the family), the Artist will try to find a suitable replacement. There is no obligation to provide a replacement. This does not result in any financial advantage or disadvantage for the organizer. In this case, the organizer is free to withdraw from the contract within two hours of being informed. The Artist will then refund any fees and payments already made.
2. If the Artist cannot perform due to a late communication of a schedule change by the organizer, the Artist is not obliged to find a suitable replacement. The fees must still be paid in full.
3. In the event of the unavailability of the desired accompanying instrument, the Artist will try to find a suitable replacement. Depending on the availability of musicians on the event date, the accompanying instrument may change to ensure playability. This does not result in any financial advantage or disadvantage for the organizer.
§ 9 Liability
1. The Artist is obliged to perform the tasks assigned with professional care to the best of their knowledge and belief. In the event of a culpable breach of essential contractual obligations, the Artist is only liable for foreseeable damages typical for the contract, except in cases of intent or gross negligence on the part of legal representatives or agents. The above liability limitations do not apply to injuries to life, body, or health.
2. The Artist is not liable for delays due to force majeure, such as a car breakdown, accident, traffic jams, or adverse weather conditions (heavy rain, snow, etc.).
3. The Artist is not liable for performance disruptions related to services that are merely brokered as third-party services. Claims by the organizer against third parties must be made directly to the third party at the organizer’s expense.
4. The Artist is also not liable for damages resulting from actions carried out at the express request of the organizer and against the Artist’s recommendation.
5. The Artist is not liable for temporal and other restrictions imposed by the event location that prevent the fulfillment of the booked service. The total fee (point 4) is fully due.
6. The organizer is fully liable for damages to the Artist’s equipment or clothing caused by weather or third-party influences (guests & other service providers). This includes poor decisions regarding point 14. This also applies to instructions given by third parties.
§ 10 Limitation
1. Possible claims for damages by the organizer, except for those arising from injury to life, body, or health, expire within one year of occurrence.
§ 11 Data Protection
1. All data provided by the organizer to the Artist will be treated confidentially in accordance with the General Data Protection Regulation and will only be disclosed to third parties for the execution of this contract.
§ 12 Copyright
1. The website www.variety-music.com and its content, such as text contributions, graphics, logos, etc., are protected by copyright. The publication, duplication, reproduction, replication, transmission, or distribution of the content in public, electronic or print media, as well as commercial use, is prohibited.
§ 13 Right of Withdrawal
1. According to § 312g para. 2 No. 9 BGB, the right of withdrawal is excluded for time-bound services.
§ 14 Written Form/Severability Clause
1. Amendments and additions to these terms must be made in writing. The same applies to the requirement of written form.
2. Should any individual provision of these terms be or become invalid, the validity of the remaining provisions shall not be affected. A replacement provision that comes as close as possible to the intended purpose of the invalid provision shall replace it.
§ 15 Choice of Law and Jurisdiction
1. The Artist’s registered office is VARIETY MUSIC, Moritz Philipp Alexander Steckenstein, Fürberger Str. 48, 42857 Remscheid.
2. The contractual relationship between the organizer and the Artist is subject to the law of the Federal Republic of Germany.
3. The place of jurisdiction is the Artist’s registered office.