Terms & Conditions

Before you publish: replace every [bracketed] placeholder with your real details, and have a lawyer review this document. It is a solid starting draft, not legal advice.

1. Definitions

In these terms and conditions:

• Agency means MOMO Agency, registered at [address], Chamber of Commerce (KvK) number [KvK number], VAT number [VAT number].
• Artist means the performer represented by the Agency and named in the booking confirmation.
• Promoter means the natural or legal person booking the Artist.
• Performance means the appearance of the Artist as specified in the booking confirmation.
• Agreement means the booking confirmation together with these terms and conditions.

2. Applicability

These terms apply to every offer, booking request, confirmation and agreement between the Agency and a Promoter. Any general terms of the Promoter are expressly rejected unless the Agency has accepted them in writing.

The Agency acts as an intermediary on behalf of the Artist. Unless expressly agreed otherwise in writing, the Agency is not itself a party to the performance obligation and is not liable for the Artist's performance.

3. Booking requests and formation of the agreement

A submitted booking request is a non-binding enquiry. Availability quoted by the Agency is provisional and may lapse without notice until confirmed.

An agreement is only formed once the Agency has issued a written booking confirmation and the Promoter has returned it signed, or has otherwise confirmed it in writing. An option on a date is held for a maximum of [14] days unless extended in writing.

4. Fee, invoicing and payment

The agreed fee is stated in the booking confirmation and is exclusive of VAT unless stated otherwise. Unless agreed otherwise:

• [50]% of the fee is payable within [14] days of the booking confirmation;
• the remaining balance is payable no later than [14] days before the performance date;
• payment is made to the bank account named on the invoice, without set-off, deduction or suspension.

If the Promoter fails to pay on time, the Promoter is in default without further notice of default being required. The Agency may then charge statutory commercial interest and reasonable extrajudicial collection costs, and may suspend or cancel the performance without refund.

Where the fee is quoted net, all taxes, withholdings, social security contributions and levies imposed in the country of performance are borne by the Promoter.

5. Obligations of the Promoter

The Promoter shall at its own expense:

• provide a venue, stage, sound and lighting system in good working order that meets the technical rider supplied with the booking confirmation;
• hold all licences, permits and insurances required for the event, including public liability insurance and any music licensing (e.g. Buma/Stemra or the local equivalent);
• provide safe and secure access, changing facilities, adequate security and hospitality as set out in the rider;
• arrange and pay for travel, visas and accommodation where the booking confirmation states these are for the Promoter's account;
• ensure the event complies with all applicable safety, capacity, noise and public order regulations.

The Artist may refuse or curtail the performance without loss of fee where the Promoter has not met these obligations and this makes performance unsafe or unreasonable.

6. Promotion and use of name and likeness

The Promoter may use the Artist's name, approved photographs and logo solely to promote the confirmed performance. The Promoter may not present the Artist as headliner, exclusive act or in any misleading manner unless agreed in writing, and may not use the Artist's name or likeness to endorse a brand, product or sponsor without the Agency's prior written consent.

The Artist's billing, set time and any exclusivity radius agreed in the booking confirmation shall be respected.

7. Recording and broadcasting

No audio or video recording, streaming, broadcasting or commercial photography of the performance may take place without the Agency's prior written consent. Consent, if granted, does not transfer any intellectual property rights in the performance.

8. Cancellation by the Promoter

Cancellation must be made in writing. Unless agreed otherwise, the following applies, calculated from the date the Agency receives the cancellation:

• more than [60] days before the performance: [50]% of the fee is payable;
• between [60] and [30] days before: [75]% of the fee is payable;
• fewer than [30] days before, or no-show: [100]% of the fee is payable.

Costs already incurred by the Agency or the Artist, including non-refundable travel and accommodation, are payable in full in addition to the above.

9. Cancellation by the Artist and force majeure

If the Artist is unable to perform due to illness, injury, or another cause beyond the Artist's reasonable control, the Agency will notify the Promoter without delay and will use reasonable efforts to propose a replacement date or a suitable substitute artist. Any fee already paid for a performance that does not take place will be refunded, or credited against a rescheduled date.

Force majeure includes, without limitation: government measures and event prohibitions, epidemic or pandemic restrictions, strikes, extreme weather, terrorism, war, and failure of transport infrastructure. Neither party is liable for damages arising from force majeure, and each party bears its own costs.

10. Liability

The Agency's total liability under the Agreement is limited to the amount of the agreed fee, and in any event to the amount paid out by the Agency's liability insurer in the relevant case. The Agency is not liable for indirect or consequential loss, including lost profit, lost turnover, reputational damage or ticket refunds.

The Promoter indemnifies the Agency and the Artist against third-party claims arising from the event, except where such claims result from intent or wilful recklessness on the part of the Agency or the Artist.

Nothing in these terms excludes liability for death or personal injury caused by negligence, or for fraud, where such exclusion is not permitted by law.

11. Complaints

Complaints regarding a performance must be submitted in writing to [bookings@momoagency.com] within [14] days of the performance date, failing which the right to complain lapses.

12. Amendments

The Agency may amend these terms. The version in force at the time the booking confirmation is issued applies to that booking.

13. Applicable law and jurisdiction

These terms and any agreement to which they apply are governed by [Dutch] law. Any dispute shall be submitted exclusively to the competent court in [Amsterdam, the Netherlands], without prejudice to any mandatory statutory rules on jurisdiction.

14. Contact

MOMO Agency
[Street and number]
[Postal code, City]
[Country]
Email: bookings@momoagency.com
KvK: [number] · VAT: [number]