1. YOUR AGREEMENT AND ACCEPTANCE

1.1 These standard Terms and Conditions shall govern the Booking Agreement between the Client and Viorend Productions, including without limitation the provisions relating to intellectual property rights and usage rights in the requirements of the services identified in the Booking Agreement.

​1.2 These standard Terms and Conditions may be amended or revised from time to time without notice, and such amendment or revision shall be effective and binding upon posting on our website at https://www.viorend.nl/about/terms-conditions. Therefore, you must review these Standard Terms and Conditions regularly to ensure you are updated as to any changes. Your engagement of our services identified in the Booking Agreement signifies your agreement to and acceptance of any revised terms and conditions.

 

2. PAYMENT TERMS

2.1 The Client agrees to make the payment following the terms set out in the Booking Agreement.

 

3. CANCELLATION

3.1  In the event of cancellation by the Client, the cancellation fees set out in the Booking Agreement shall apply.

3.2 If the Client wishes to cancel the performance of the services, the Client is to provide a written cancellation notice to Viorend Productions. Cancellation is only taken to be effective upon the date of receipt of the written cancellation notice by Viorend Productions.

3.3 Viorend Productions reserves the right to cancel the performance of the services at any time up to the actual performance date. Viorend Productions will not be liable for any losses or damage of any kind, not excluding any direct, indirect, incidental, special, or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), incurred as a result of the cancellation of the performance of the services.

3.4 Viorend Productions will refund the deposit paid by the Client in full within seven days from the date of notification to the Client to cancel the performance of the services.

 

4. ABSENCE

4.1 The parties agree to cheerful cooperation and communication for the best possible results. Viorend Productions is not responsible for the absence of any members of the performing band on the actual date of the performance.

4.2 If any member/s of the performing band is absent on the actual date of performance, Viorend Productions accepts no responsibility for any losses or damage of any kind, not excluding any direct, indirect, incidental, special, or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), incurred as a result of the absence of the member(s).

4.3 If any member(s) of the performing band is absent on the actual date of performance, Viorend Productions shall best endeavor to find a replacement/s for the missing member(s), should replacement/s not be obtained, Viorend Productions will try to complete the performance to the extent reasonably possible.

 

5. COPYRIGHT

5.1 The Client shall have no right to record the performance by the performing band (unless otherwise agreed in writing by Viorend Productions). If Viorend Productions agrees to such recording, the Client shall have no right to reproduce or to authorize the reproduction of, by any means whatsoever, all images, recordings, and video footage of the performance by the performing band other than for personal, non-commercial use. The Client further agrees that the prior written consent of Viorend Productions is required where the Client intends to sell the performing band's images, recordings, and video footage of the performance or use them for public viewing purposes.

5.2 The Client agrees and confirms that all intellectual property rights relevant to the performance of the services belong to Viorend Productions. The Client further agrees to give Viorend Productions permission to use all images from the actual day of the performance, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and any manner and medium. The Client, with this, releases Viorend Productions and its legal representatives and assigns from all claims and liability relating to said photographs, videos, or other recording media. It is agreed that Neo Music Production Limited may display and use the pictures taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, storefronts, window displays, studio displays, television advertising, magazine advertising and any other commercial or promotional purpose thought proper by Viorend Productions. The Client does not expect compensation, and there shall be no expiration period for this permission.

5.3 The Client is solely responsible for obtaining all relevant and applicable licenses for the performance of the songs, compositions, or howsoever defined within the industry by Viorend Productions, including getting the necessary clearances to perform from the relevant authorities. The Client also agrees to bear all costs required to obtain all relevant and applicable licenses under Clause 5.3.

 

6. SONGS SELECTION (IF APPLICABLE)

6.1 Viorend Productions will decide the selected songs used in the performance. The Client is welcome to provide feedback on the selection of the songs, but the final decision on the selection of the songs to be used on the actual day of the performance lies with Viorend Productions.

6.2 Viorend Productions reserves the right to change the Song List without prior notice to the Client. In the event of any changes to the Song List under Clause 6.2, Viorend Productions shall best endeavor to ensure that the songs in the Song List are appropriate for the occasion.

 

7. OVERTIME CHARGES

7.1 If the performance extends beyond the agreed upon as set out in the Booking Agreement, overtime charges will be billed following the terms in the Booking Agreement.

7.2 Viorend Productions may agree to waive the overtime charges or offer a discount to the Client. However, until such confirmation has been communicated to the Client, the Client is liable for the total overtime charges.

 

8. HOUSE RULES

7.1 In the event where the performance extends beyond the agreed upon as set out in the Booking Agreement, overtime charges will be billed in

8.1 The Client accepts that Viorend Productions is limited by the guidelines and the technical setup of management of the premises where the performance is to occur.  The Client agrees to accept the results of such imposition on the quality of the performance of the services.

8.2 Negotiation with the relevant person/s for the moderation of guidelines and any changes in the technical setup is the Client's sole responsibility.

 

9. EXCLUSION OF LIABILITY

9.1  Viorend Productions shall not be liable for any loss of business, profits, or goodwill or any indirect or consequential loss or damages whatsoever suffered or incurred by the Client in the course of providing the services specified in the Booking Agreement even if the Client has been apprised of the possibility of such damages or losses.

 

10. INDEMNITY

10.1 The Client shall indemnify and hold Viorend Productions, its affiliates, and their respective directors, officers, employees, and shareholders harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs, or expenses whatsoever or howsoever arising as a result of any negligence, omission, breach or non-compliance by Viorend Productions of these standard Terms and Conditions and also in connection to the performance of the services as stipulated in the Booking Agreement, including without limitation, those arising from or in connection with third party claims for breach of contract, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.

 

11. MISCELLANEOUS

11.1  This standard Terms and Conditions and the Booking Agreement (collectively known as the "AgreementAgreement) shall be read as a whole with any appendixes, supplemental, amendments, or modifications agreed in writing and signed by both parties.

11.2 The failure of Viorend Productions to enforce any provision of this agreement will not be construed as a waiver of Viorend Productions' right to enforce that provision or any other provision of this agreement. It will not operate as an amendment to this agreement.

11.3  If any provision of this agreement is held invalid by a court, the remaining provisions will remain in full force and effect.

11.4  This Agreement may not be modified, amended or changed except in writing, signed by both parties. 

 

12. APPLICABLE LAW - JURISDICTION

12.1 This Agreement shall be governed by and construed following the Dutch laws.  The parties hereto irrevocably agree that the Dutch courts will have exclusive jurisdiction to determine any claim or matter arising under or in connection with the interpretation or implementation of this agreement or the exercise of any rights or the performance of any obligations arising under this agreement.