General Terms and Conditions of IN-PRODUCTION GmbH, hereinafter referred to as IP
§ 1 Scope
All offers, deliveries, and services from IP are based on these general terms and conditions. Additional or deviating provisions must be in writing to be effective. The possible invalidity of individual provisions of these terms and conditions and/or any contract clauses does not affect the legal validity of the contract. In such cases, the invalid clauses will be replaced by those that are permissible under applicable law and closest to the economic intent of the contract.
§ 2 Contract Conclusion and Data Protection
A contract is concluded by mutual agreement and is confirmed either by phone and/or email. In the case of merchants, a written confirmation of the order by the contractor can also suffice. Both parties agree to maintain confidentiality regarding the content of the agreements and guarantee not to disclose the contractual agreements to third parties. IP guarantees that no addresses or other customer information and personal data, provided for the event execution, will be shared.
§ 3 Prices and Payment
Cost estimates from the band are non-binding. Services not included in the offer due to incorrect or missing information from the client, as well as any resulting delays or changes in services, will be billed to the client according to applicable compensation laws. Costs associated with the event, such as local taxes, any applicable social security contributions, or GEMA fees, are to be borne by the client. KSK contributions will be billed by IP and paid directly to the state. Invoices are due as stated in the offer. IP is entitled to issue an advance invoice to cover its expenses. Typically, new customers are required to pay 100% of the advance invoice before the event. For existing customers, 80% of the advance payment is due three days before the event, and the remaining 20% within 14 days after invoicing post-event. In case of late payment, default interest of 5 percentage points above the applicable base interest rate is agreed upon.
§ 4 Working Conditions and Program Design
The client ensures that the agreed-upon space for the performance of the artists/band is available and that the band’s technicians have free access to unload vehicles and enterthe event venue at the agreed time. Necessary permits, parking passes, or entrance tickets are the client’s responsibility and must be provided to the musicians before the event day. If a timely start of the performance is not possible due to difficult or delayed access to the venue, the client will bear the consequences. The presence of the band should be kept as short as possible. Setup and soundcheck times must be coordinated with IP in advance; otherwise, higher travel costs may apply. Food and drinks in a reasonable quantity are provided free of charge for the musicians and technicians of the band, according to the backstage rider. The client ensures that this is agreed upon in advance, even if catering is provided by a third party, and guarantees the supply of the artists. The artists commit to adhering to all agreements, including start time and performance duration, and all musical performances. The artists of IP are not bound by short-term artistic instructions or third-party directives before or after the performance. Direction and disposition are under the control of the band's artists. Delays, waiting times, or changes in schedule, not caused by the band, are the responsibility of the client. Accommodation and travel costs are borne by the client as per the offer or contract.
§ 5 Liability and Warranty
The client is liable for their own fault as well as for the fault of their legal representatives and/or any of their agents only in cases of intent or gross negligence. The client bears responsibility for any damages caused by themselves, their employees, guests, or third parties (commissioned by the client) to the musicians of IP. During the entire period of delivery, the client is responsible for the security and supervision of the technical equipment, backline, and instruments brought in by the contractor at the event location, as well as any damages caused (especially losses due to theft) by third parties. The client ensures the safety of IP's artists. The client undertakes to obtain any necessary permits for the event. Should a service not be provided or not provided in accordance with the contract, the client must immediately notify the contractor of the defect and request a remedy. Complaints against IP can only be made if a defect was reported immediately. In the event of disruptions, the client is obliged to cooperate within the legal framework to avoid or minimize possible damages.
§ 6 Illness of the Musicians
NEW CITY BEATS and Lounge Deluxe are collaborations of various international artists. In case of an unavoidable illness of an artist, IP will provide a suitable replacement. If a specific lineup of artists (especially vocals) was agreed upon by name in advance or in the contract and that artist falls ill, the client will be informed about the replacement. IP always strives to provide an absolutely adequate substitute.
§ 7 Termination and Withdrawal from the Contract
If the event is canceled for a reason beyond the control of either party, such as force
majeure, both parties have the right to immediate termination. The artist’s performance obligation and the client’s payment obligation are waived. This does not affect the right of the parties to terminate the contract without notice for good cause. The party responsible for the good cause is obliged to compensate the other party for any damage resulting from the termination. Regardless of the aforementioned cases, if the client’s customer cancels the event, the client has the right to withdraw from the contract immediately. If the withdrawal occurs up to six months before the event, the client must pay the contractor 50% of the agreed fee. If the withdrawal occurs later, the client must pay the contractor the fixed fee
specified in § 2. This provision does not affect the right to prove a lower or higher loss. The contractor must account for any savings in costs resulting from the event's cancellation (e.g., travel expenses).
§ 8 Severability Clause
Both parties agree to maintain confidentiality about the content of the contract. No verbal side agreements have been made. Amendments to the contract must be made in writing, including the waiver of the written form requirement. If any provision of the contract is invalid or becomes invalid, both parties are obliged to agree on a provision that comes closest to the intended economic purpose.