Terms & Conditions

Terms & Coniditions​

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1. Contract Conclusion

The contract between the organizer and JAZZ & SODA, represented by bandleader Andy Mayerl, becomes effective when the offer submitted by JAZZ & SODA for the event is confirmed in writing by both parties. With this confirmation, all provisions listed in these General Terms and Conditions become valid.

 

2. Performance 

The artists are solely responsible for the design of their performance. The organizer is aware of their style and manner.

 

3. Type of Event 

These terms and conditions apply to galas, corporate events, company parties, anniversaries, private celebrations, weddings and all other types of events.

 

4. Artists 

It is expressly agreed that the band JAZZ & SODA performs as artists and not as organizers. JAZZ & SODA must be informed of any valid, special legal provisions (e.g. noise control regulations) and official regulations before the legally binding engagement or at the latest before the start of the performance.

 

5. Right of Representation

If any of the musicians or the lead singer is unavailable, Andy Mayerl will organize an equivalent replacement. This does not need to be agreed upon with the organizer and can occur without prior notice.

 

6. Fee 

The fee must be transferred by the organizer within 14 days (receipt of payment) after the performance. If the organizer is in default with payments, default interest of 1 percent per month is to be paid from the due date. The amount of the fee must be kept confidential from third parties.

 

7. Deposit 

The organizer must make a deposit of EUR 500 (in words: five hundred) within 7 working days after confirmation of the booking request. This will be invoiced by Andy Mayerl and is dedicated to the organization, coordination and musical preparation and rehearsals. If the agreed event is canceled or cannot take place due to force majeure, the deposit will not be refunded.

 

8. Taxes and Duties 

Any taxes, duties and fees that may be levied (e.g. GEMA, AKM, entertainment tax, foreigner tax, etc.) shall be borne and paid by the organizer, insofar as they do not constitute personal taxes of the individual artists. With the exception of such personal taxes, the organizer releases the artists from all obligations.

 

9. Space Requirements, Stage and Technology 

The minimum stage dimensions specified in the FAQ (2 x 2 meters for a trio, 3 x 3 meters for a quartet, 3 x 4 meters for a quintet) must be adhered to as otherwise an adequate performance cannot be guaranteed. If the artists do not use their own sound system the technical rider sent in advance by the artists must be adhered to by the organizer. These are an essential and integral part of the engagement contract.

 

10. Open Air 

The organizer must ensure that the musicians and equipment are weather-protected. For emergencies, protective covers must be available to quickly cover the equipment. At low temperatures (below 5°C), appropriate heating must also be provided for all musicians using suitable equipment, as otherwise the usual quality of the music cannot be guaranteed, and in extreme cases a performance may not be possible at all.

 

11. Access, Loading and Parking Spaces 

The organizer must ensure that any necessary access or entry permits and required accreditations are available in sufficient quantity in time. The loading and unloading area must be close (no more than 50 meters) to the stage. Parking spaces for all vehicles of the artists during the event must be guaranteed.

The organizer is fully liable for any damage to the sound system, instruments, dressing room, etc., caused by third parties, theft, etc., from the time the artists arrive until they leave. In case of injury or damage caused by the event process or event visitors and not due to the fault of the artists, the organizer is liable for all damages and consequential damages in full. Costs for any liability insurance are borne by the organizer.

 

12. Dressing Room 

The organizer must provide a lockable dressing room near the stage for for changing and staying during non-performance times. 

 

13. Catering 

During the entire presence of the artists at the event location, the organizer must provide sufficient beverages (soft drinks, coffee, beer and wine) and a hot meal. If no meals are served at the event, the organizer must arrange a hot meal for the musicians either at the venue or a nearby restaurant.  

 

14. Travel Expenses and Accommodation 

JAZZ & SODA operates a secondary location in Innsbruck in addition to its main office in Vienna. If the event location is outside Vienna or Innsbruck (beyond a radius of 100 km), the organizer will cover travel expenses and accommodation for the artists. The organizer must provide accommodation, which must be single rooms with with a bath/shower, toilet and breakfast in at least a 3-star hotel at no cost.  

 

15. Force Majeure and Liability 

In cases of force majeure, the organizer's obligation to pay the fee is waived. However, points 13 and 14 remain valid if the artists are already en route to the event location or have already arrived. If the event is canceled by the artists due to illness of one or more members, this illness must be proven by a medical certificate within 14 days. 

In case of a breach of contract by the organizer, the organizer must pay a penalty amounting to the agreed fee to Andy Mayerl. Andy Mayerl reserves the right to demand compensation if the organizer does not comply with any paragraph or part of a paragraph, and to cancel the performance unilaterally if no agreement is reached on the amount of compensation, without the organizer's legal obligation to pay being waived. The organizer agrees to waive legal remedies in such a case. Any lease, ownership or management change does not lead to the termination of this contract.

 

16. Cancellation, Deadlines, Permits 

If the organizer needs to cancel the event for an important reason or cannot fulfill obligations resulting from this contract, Andy Mayerl must be informed immediatly. The organizer's payment obligation remains in effect. 

If the artists need to cancel the event for any reason or cannot fulfill obligations resulting from this contract, Andy Mayerl will inform the organizer. Cases of force majeure are excluded. 

The artists are entitled to end their performance early if further performance is unreasonable. Such unreasonableness includes physical or verbal attacks on a member, supervisor or relative of the artists during the event, inadequate stage equipment, significant safety deficiencies, insufficient technical requirements, etc. In such cases, the organizer remains fully liable for payment.

 

17. Cancellation Conditions 

In case of cancellation by the organizer, the following costs apply:

• Cancellation up to 2 months before the performance date: 50% of the total fee

• Cancellation within 2 months before the performance date: 80% of the total fee

• Cancellation within 2 weeks before the performance date: 100% of the total fee

Cancellations, terminations or withdrawals must be in writing and received by Andy Mayerl within the specified periods. Cancellation fees are calculated independently of any new booking (replacement date). A cancellation fee is due in any case if an engagement is canceled, unless otherwise agreed in writing.

 

18. Dismantling and Transport 

The dismantling and transport of equipment and instruments will be completed within one hour after the end of the performance by JAZZ & SODA. If the stay on-site is longer, the organizer will be charged EUR 100.00 (plus 20% VAT) per hour. If the sound system is used by a DJ after the performance by JAZZ & SODA, EUR 250.00 (plus 20% VAT) will be charged for 2 hours.

 

19. Written Form Requirement 

These terms and conditions are final. There are no verbal side agreements at the time of conclusion of this agreement. Changes and additions must be made in writing. Verbal agreements are not valid and are void.

 

20. Severability Clause 

If one or more provisions of these terms and conditions are found to be wholly or partially invalid, or if there is a gap, the validity of the remaining provisions of the terms and conditions will not be affected. Both contracting parties are obligated to agree on a valid provision that comes as close as possible to the intended content of this agreement to replace the invalid provision or to fill the gap.

  

21. Applicable Law & Jurisdiction 

These terms and conditions are governed exclusively by Austrian law. The place of jurisdiction is Vienna.

 

22. Final Provision 

An offer submitted by JAZZ & SODA shall remain valid for four weeks from the date of issue and must be fully completed, signed, and returned to Andy Mayerl. By signing, the undersigned declare their full agreement with the resulting contract and further confirm that they are authorized and empowered to sign on behalf of the contracting party.