1. Contract Conclusion

The contract between the organizer and JAZZ & SODA, represented by bandleader Andy Mayerl, is concluded when JAZZ & SODA accepts the organizer's booking request and confirms it in writing.

 

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 in writing of any valid, special legal provisions 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 

Applicable taxes, duties and fees are to be borne by the organizer. The organizer agrees to pay all taxes and duties (GEMA, AKM, entertainment tax, foreigner tax, etc.) except for personal taxes of the individual artists. The organizer releases the artists from all obligations except these personal taxes.

 

9. Space Requirements, Stage and Technology 

The minimum stage dimensions specified in the FAQ 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 musicians and equipment are weather-protected. Emergency covers must be available to quickly cover the equipment. If the outside temperature is less than +5 degrees Celsius adequate heating for all musicians must be provided using heating devices such as heat cannons, heaters or heating hoses as instruments can go out of tune, fingers and joints can become stiff, and the usual quality of music cannot be guaranteed or, in extreme cases, a performance may not be possible.

 

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 and handed over to the artists or their supervisor in time. The loading and unloading area must be no more than 50 meters from the stage. Secured parking spaces for all vehicles of the artists during the event must not be more than 200 meters from the performance location. If this is not possible due to local conditions, the organizer must provide appropriate transport for all artists, supervisors, and equipment. The organizer is responsible for the security of the stage and dressing rooms, as well as the general security of the artists and their equipment from arrival to departure. 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 and/or their companion, 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 and undisturbed dressing room near the stage, equipped with seating, tables, mirrors, and clothes racks for stage clothing. The organizer must provide sufficient beverages (mineral water, fruit juices, coffee, beer and wine). A clean toilet meeting usual standards must be located near the dressing room. The dressing room must be adequately lit, heated, and/or ventilated.

 

13. Catering 

During the entire presence of the artists at the event location, the organizer must provide sufficient beverages and a hot meal. If no meals are served at the event, the organizer must ensure that the artists and their supervisor have hot meals at the event location or in a restaurant within a maximum of 10 minutes walking distance. A hot meal is considered to be at least a substantial menu (including a vegetarian option) with a starter, main course and dessert of choice, as well as coffee and sufficient beverages.

 

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 and their supervisor. The organizer must provide accommodation, which must be single rooms with breakfast in at least a 3-star hotel at no cost. All rooms must be equipped with a bath/shower and toilet, and be adequately heated and/or ventilated. The organizer must book rooms in a hotel located within a maximum of 15 minutes driving time from the performance location. If this is not possible due to local conditions, the organizer must provide suitable transport. The keys to the rooms will be handed over immediately upon the artists' arrival at the event location.

 

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 expenses are already included in the fee, a flat rate of 30% will be assumed as a replacement. 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 from the respective member 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 in writing at least four weeks before the scheduled event date. 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, audience riots, 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 3 months before the performance date: 50% of the total fee

• Cancellation within 3 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 300.00 (plus 20% VAT) will be charged for 2 hours.

 

19. Photo, Audio and Video Recordings

 JAZZ & SODA permits the organizer to make photo, audio, and video recordings of the performance. Publication and distribution are only permitted with the consent of JAZZ & SODA. In return, the organizer agrees to provide JAZZ & SODA with a complete copy of all audiovisual recordings free of charge. JAZZ & SODA is entitled to use these recordings for unlimited self-promotion.

 

20. 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.

 

21. 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.

 

22. Applicable Law & Jurisdiction 

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

 

23. Final Provision 

Any contracts provided by JAZZ & SODA must be fully completed and signed and returned to Andy Mayerl within fourteen days. The signatories declare their full agreement with the contract and further confirm that they are authorized to sign and empowered to bind their party to the terms of the contract.