ARTICLE 1: TERMINOLOGY

 

Contract: The booking agreement, including the Hospitality Rider and Technical Rider, made by MOMO Agency on behalf of the Artist and the Promoter concerning any booking of an Artist's Performance.

 

Performer: The individual, specifically a disc jockey (DJ), represented by MOMO Agency who has agreed to organize and/or present a Performance.

 

Performance Compensation: The amount designated for the Artist’s Performance, part of the total sum payable by the Promoter to MOMO Agency.

 

Agency Fee: The portion of the total Performance Compensation allocated to MOMO Agency for its booking services, as part of the total amount payable by the Promoter.

 

Total Booking Fee: The complete amount due from the Promoter to MOMO Agency for securing an Artist and/or Performance. This includes the Performance Compensation and Agency Fee, excluding VAT, travel, and accommodation costs, but including any relevant levies or charges.

 

MOMO Agency: The booking agency representing artists and the party utilizing these General Booking Terms and Conditions, located at Joan Goudereinetstraat 542 

(2564 PW), The Hague 

 

Event Organizer: The individual or organization that books one or more Artists and/or Performances through MOMO Agency.

 

Collaborating Parties: MOMO Agency and the Event Organizer collectively.

 

Artistic Presentation: The agreed-upon performance delivered by the Artist.

 

ARTICLE 2: AGREEMENTS AND TERMS

 

Applicability: These General Booking Terms and Conditions govern all offers and agreements made by MOMO Agency related to the booking and Performance of its Artists. Agreements become binding only after written confirmation from MOMO Agency.

 

Additional Provision: Additional terms will be incorporated into the Agreement only if explicitly agreed upon in writing by both Parties. Amendments or additions are binding only after written confirmation by MOMO Agency.

 

Acceptance of Terms: Acceptance of an offer or engagement confirmation referencing these General Booking Terms and Conditions implies agreement by the Event Organizer.

 

Provision Validity: If any provision of these terms is found to be invalid, it will not affect the validity of the remaining provisions.

 

Exclusion of Organizer’s Terms: General terms and conditions of the Event Organizer are excluded.

 

Exclusive Agreements: Agreements are concluded solely between MOMO Agency and the Event Organizer. Direct contact or agreements with an Artist by the Event Organizer without MOMO Agency’s prior written consent is prohibited.

 

Third-Party Involvement: MOMO Agency may enlist third parties to execute the Agreement.

 

ARTICLE 3: PROPOSALS

 

Non-binding Proposals: Offers, quotations, price lists, and delivery timelines from MOMO Agency are non-binding unless a specific acceptance period is mentioned. MOMO Agency can revoke such offers within two business days of receipt of acceptance if they are non-binding.

 

Promotional Content: The Promoter cannot rely on images and descriptions in offers, brochures, catalogs, and other promotional materials from MOMO Agency, as these do not constitute binding commitments.

 

ARTICLE 4: ARTIST AND EVENT DETAILS

 

Artist Awareness: The Event Organizer confirms familiarity with the Artist’s work and the nature of the booked Performance.

 

Hospitality Requirements: The Event Organizer guarantees that refreshments and items listed in the Hospitality Rider will be available in the dressing room before, during, and after the Performance.

 

Technical Specifications: The Event Organizer must provide lighting and sound equipment as specified by the Artist in the Technical Rider, ensuring it meets the required standards before the Performance and sound checks.

 

Permits and Licenses: The Event Organizer must secure any necessary permits or exemptions for the Performance. Failure to do so may lead to cancellation by MOMO Agency, with the Event Organizer still responsible for the agreed Performance Compensation. MOMO Agency reserves the right to seek full compensation from the Event Organizer.

 

Artist Arrival: MOMO Agency will ensure the Artist arrives at the venue on time and is equipped with necessary items for the Performance, except for those provided or arranged by the Event Organizer.

 

Venue Specifications: The venue for the Performance will be specified in the Agreement and is binding. The Event Organizer must provide a route description.

 

Performance Timing: The start time and duration of the Performance will be specified in the Agreement and are binding. The start time is approximate and should not be considered a strict deadline. Extensions may be arranged with the Artist’s and their manager’s consent and will be billed as additional work.

 

Guest List: MOMO Agency may provide the Event Organizer with a guest list of at least ten (10) persons per Performance.

 

ARTICLE 5: PROMOTIONAL MATERIALS

 

Approval Requirement: The Event Organizer must obtain prior written approval from MOMO Agency before using the Artist’s name, logo, artwork, or image in promotional materials. Sample copies of the material must be submitted for approval.

 

Distribution Restrictions: Promotional materials featuring the Artist’s name or image cannot be distributed until written approval is granted by MOMO Agency and, if necessary, the Artist.

 

Promotion Obligations: The Event Organizer is responsible for ensuring sufficient promotion and publicity for the Performance and must accurately represent the Artist’s name, logo, artwork, etc., in all promotional materials.

 

Sales and Prevention: The Event Organizer may not sell any items featuring the Artist’s name, portrait, logo, etc., at or near the venue before, during, or after the Performance without prior written consent from MOMO Agency and, if necessary, the Artist. Measures must be taken to prevent third parties from selling such items.

 

ARTICLE 6: WARRANTIES AND ASSURANCES

 

1. MOMO Agency confirms that it is not bound by any obligations that would prevent it from fulfilling its commitments under the Agreement.

 

2. MOMO Agency guarantees that the Artist operates as an independent contractor for tax purposes and will ensure that all legally required contributions, deductions, and levies related to the Artist’s fee are processed in a timely manner. MOMO Agency will indemnify the Promoter for these obligations, except for any direct payments made by the Promoter to the Artist.

 

3. The Promoter further guarantees the following:

 

   A. Any additional work in the area where the Performance is scheduled will be completed in advance, allowing the Artist to use the space for preparations without any delays.

   B. MOMO Agency, its appointed third parties, and the Artist will have unrestricted access to the Performance area and be able to prepare without any obstruction.

   C. A suitable dressing room or equivalent space will be provided for the Artist, equipped with heating, a mirror, a power supply, and proper locking facilities.

   D. A stage, adequately covered or capable of being covered, will be provided unless otherwise agreed in writing.

   E. Adequate sanitary facilities will be available within a reasonable distance.

   F. The items listed in Paragraphs 2 and 3 of Article 7 will be present as specified.

   G. The working environment will meet legal safety requirements, ensuring the Artist’s safety before, during, and after the Performance through adequate security measures, such as security personnel, crush barriers, and stagehands.

   H. The maximum occupancy limits set by Fire Service Regulations and other relevant standards will not be exceeded.

   I. No audio or video recordings of the Performance will be made without prior written consent from MOMO Agency, and the Promoter will take measures to prevent unauthorized recordings by third parties.

 

ARTICLE 7: PERFORMANCE CANCELLATION

 

1. The Promoter may cancel the Performance only with MOMO Agency’s approval. Any cancellation, whether oral or written, is invalid unless accepted in writing by MOMO Agency. If MOMO Agency agrees to the cancellation, the Promoter will be liable to compensate MOMO Agency based on the following criteria:

 

   A. For cancellations made within 60 days of the Performance date, the Promoter must pay 50% of the Artist Fee and 100% of the Booking Fee.

   B. For cancellations made within 60 days of the Performance date, the Promoter must pay 100% of both the Artist Fee and the Booking Fee.

 

2. In addition, MOMO Agency reserves the right to seek full compensation from the Promoter for all associated costs, including travel and accommodation, whether on behalf of itself or the Artist and/or third parties.

 

3. MOMO Agency may cancel a Performance up to two (2) weeks before the agreed date and will refund or credit the Performance Fee (or any part of it) already paid by the Promoter, or credit the agreed Performance Fee if it has not yet been paid. Except for the refund or crediting of the Performance Fee, neither MOMO Agency nor the Artist will be liable for any additional claims or compensation.

 

4. If the Performance is cancelled by MOMO Agency within two (2) weeks of the agreed date due to the Artist’s conflicting commitments such as television or radio appearances, performances abroad, or other promotional obligations, neither MOMO Agency nor the Artist will owe compensation to the Promoter. Any advance payments made will be refunded to the Promoter.

 

5. In such cases, MOMO Agency may propose alternative artists or reschedule the Performance to a different date. The Promoter must respond in writing within 48 hours of receiving the proposals. MOMO Agency is not required to refund or credit any part of the Performance Fee already paid.

 

6. MOMO Agency may cancel the Performance if the Promoter fails to meet payment obligations on time. The Promoter remains liable for the Performance Fee and travel and accommodation costs and agrees to indemnify MOMO Agency and/or the Artist against any third-party claims resulting from the cancellation.

 

ARTICLE 8: EXECUTION IMPOSSIBILITY AND FORCE MAJEURE

 

1. If unforeseen circumstances or force majeure prevent MOMO Agency from performing the agreed activities, it may request modifications to the engagement to facilitate execution. If execution becomes impossible, MOMO Agency is entitled to full compensation for any work already performed.

 

2. If MOMO Agency and/or the Artist cannot fulfill obligations due to non-attributable failures by MOMO Agency, the Artist, or other third parties, or if substantial reasons arise, MOMO Agency may suspend or dissolve the Agreement without liability. The Promoter must still fulfill obligations for work already completed up to that point.

 

3. Non-attributable failures include:

 

• War, terrorism, riots, mobilization, disturbances, government measures, strikes, lockouts, or similar events.

• Artist’s illness: a medical certificate can be provided at the Promoter’s expense upon request within 24 hours.

• Currency fluctuations affecting the Agreement.

• Disruptions due to fire, accidents, or other events.

• Acts of God.

• Government measures that hinder the Artist’s Performance or place excessive burdens on it.

 

4. If the Promoter fails to meet its obligations, such as ceasing payments, filing for suspension of payments, bankruptcy, asset attachment, estate assignment, or business liquidation, all debts owed to MOMO Agency become immediately due and payable.

 

ARTICLE 9: COPYRIGHT AND RELATED RIGHTS

 

The Promoter is responsible for paying all required taxes and fees related to copyrights and neighboring rights for the Performance, including payments to collecting societies like BUMA/STEMRA, PRS, SENA, SIMIM, etc. The Promoter must inform MOMO Agency of the rates and provide a detailed receipt for payments made within 14 days after the Performance.

 

ARTICLE 10: PRICING

 

1. All prices provided by MOMO Agency are exclusive of VAT and other governmental taxes unless explicitly stated otherwise.

 

2. A. If there are any changes in wages, employment conditions, or social insurance schemes by the government or trade unions between the Agreement date and its execution, MOMO Agency may adjust prices accordingly. If a new price list is issued, the Promoter will be charged based on the updated prices.

 

ARTICLE 11: PAYMENT TERMS

 

1. Payments are due no later than 14 (fourteen) weeks before the scheduled date of the Performance. If the Agreement specifies payment dates, payments must be made by those dates, unless otherwise agreed in writing. Any additional work must be paid for within the timeframe specified in the relevant invoice.

 

2. Should any payment not be received by MOMO Agency on time or in full as per the terms specified in paragraph 1:

   

   A. The Promoter will incur default interest at the statutory rate as defined in Article 119a of Book 6 of the Dutch Civil Code.

   B. The Promoter will be responsible for covering MOMO Agency's legal costs, which may include but are not limited to extrajudicial costs (up to 15% of the amount due plus applicable interest) and judicial costs.

 

3. In cases where payments are delayed or incomplete as described above, MOMO Agency reserves the right to terminate the Agreement, either partially or entirely, without requiring notice of default or court intervention. This may be combined with a claim for damages or pursued independently.

 

4. If the Promoter fails to meet payment obligations, MOMO Agency may, in addition to canceling the Performance as outlined in Article 7(6), suspend its own obligations related to delivery or services until payment is made or adequate security is provided. This also applies if there are reasonable doubts about the Promoter’s financial stability before default occurs.

 

5. Payments made by the Promoter will first cover any accrued interest and costs, then be applied to settle the oldest outstanding debt or invoice, even if the Promoter specifies otherwise.

 

6. A. If the Promoter has or develops any counterclaims against MOMO Agency, they agree to waive the right to set off these claims. This waiver applies even if the Promoter seeks court-ordered suspension of payments or is declared bankrupt.

   B. The waiver of setoff rights described in section 6A does not apply if the Promoter is an individual acting in a non-commercial capacity.

 

ARTICLE 12: COMPLAINTS PROCEDURE

 

1. The Promoter may submit written complaints about the execution of the Agreement to MOMO Agency within 24 (twenty-four) hours following the Performance. Any oral complaints must be confirmed in writing within this period.

 

2. If a complaint is not submitted within the specified timeframe, the Agreement will be considered properly executed.

 

3. Filing a complaint does not affect the Promoter's obligation to make payments.

 

4. MOMO Agency must be given a reasonable opportunity to investigate the complaint.

 

5. If a complaint is deemed valid, MOMO Agency will address the issue in accordance with the provisions of Article 13.

 

ARTICLE 13: LIABILITY AND INDEMNIFICATION

 

1. The Promoter is responsible for any damage to sound and lighting systems, equipment, or possessions of MOMO Agency and/or the Artist that occurs before, during, or after the Performance due to the Promoter’s actions, their staff, audience behavior, or issues such as power supply disruptions.

 

2. The Promoter must obtain adequate insurance for the Performance and the execution of the Agreement.

 

3. MOMO Agency will perform its duties with due care expected in its industry but accepts no liability for any damages, including consequential losses, except where caused by gross negligence or intentional misconduct. This limitation also applies to the Artist, MOMO Agency's employees, and other third parties involved.

 

4. MOMO Agency’s liability is limited to the agreed Booking Fee, which is considered full compensation.

 

5. MOMO Agency and/or the Artist are not obligated to pay compensation exceeding the insurance coverage if the damage is insured.

 

6. Any claim for compensation against MOMO Agency and/or the Artist must be filed within 12 months.

 

7. The Promoter agrees to indemnify MOMO Agency and/or the Artist against any third-party claims for damages, including legal costs, if the damage or loss arises from:

 

   A. Providing incorrect or incomplete information to MOMO Agency and/or the Artist.

   B. Failing to follow instructions or advice given by MOMO Agency and/or the Artist.

   C. Errors or inaccuracies in data, materials, or information provided by the Promoter.

 

8. The Promoter also agrees to indemnify MOMO Agency and/or the Artist against any damages, losses, or third-party claims resulting from the Promoter’s failure to meet warranties or other obligations under the Agreement.

 

ARTICLE 14: BANKRUPTCY AND LOSS OF DISPOSAL RIGHTS

 

1. The Agreement will be automatically terminated without judicial intervention and without prior notice if the Promoter is declared bankrupt, files for bankruptcy, applies for court-ordered suspension of payments, faces asset attachment, is placed under curatorship or administration, or loses the ability to manage or contract regarding their assets for any reason. This is unless a bankruptcy trustee or administrator recognizes the Agreement obligations as estate debt.

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ARTICLE 15: GOVERNING LAW AND JURISDICTION

 

1. The Agreement(s) between MOMO Agency and the Promoter will be governed exclusively by Dutch law. Any disputes arising from these Agreements will be resolved in accordance with Dutch law.

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2. All disputes will be exclusively referred to the competent court in Amsterdam, the Netherlands.