General Terms & Conditions (EU clients) We Are E B.V.

Filed with the Dutch Chamber of Commerce under number: 75185202

1. GENERAL

1.1. In these General Terms and Conditions the following definitions apply:

Agreement: the booking agreement between the Client and We Are E including the General
Terms and Conditions, Hospitality Rider and Technical Rider.

Artist: the natural person who is to perform at an event as specified in the Agreement between the Client and We Are E which is subject to these General Terms and Conditions.

Artist Fee: the agreed sum destined to the Artist (and its agency) in conjunction with its Performance.

Booking Fee: the agreed sum destined to We Are E in conjunction with its booking arrangement activities and services.

Client: the natural person or legal (entity) who entered into an Agreement with We Are E through a booking confirmation or otherwise entered an Agreement with We Are E.

Deposit: a percentage of the Artist Fee (and if applicable the Booking Fee).

Event: the event where the Artist will deliver their Performance.

Force Majeure: war, terrorism, riots, mobilization, domestic and foreign disturbances, government measures, strikes, lock-outs, illness of the Artist (on request submitted within 24 hours following the sickness report to the Client, a medical certificate may be drawn up by an independent doctor at the Clients expense), disruption of the exchange rates existing at the time of the conclusion of the Agreement, disruption of business operations as a result of fire, accident or other events, Acts of God, government measures that prevent the Artist from delivering their Performance or that place a disproportionate burden on the Performance.

General Terms and Conditions: these General Terms and Conditions of We Are E. Party and/ or Parties: The Client and/or We Are E.

Performance: the agreed artistic performance to be presented by the Artist at the Event.

We Are E: We Are E B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid), with registered office and place of business in (3032 AW) Rotterdam, at Teilingerstraat 126, registered with the Dutch Chamber of Commerce under number: 75185202.

1.2. These General Terms and Conditions apply to all offers and Agreements of We Are E.

1.3. Deviations from These General Terms and Conditions are only valid if they are confirmed in writing by We Are E.

1.4. Should We Are E be compelled to place part of an Agreement with a third party, the Client shall agree to comply with said third party’s general terms and conditions.

1.5. The Client is not allowed to contact the Artist represented by We Are E on the matter of (follow-up) booking(s) or other matters unless approved in writing by We Are E.

2. OFFERS

2.1. All offers by We Are E are without engagement, unless these contain a period for acceptance. Said period for acceptance only remains valid as long as the data, prices and conditions provided by the Client with the application remain valid. If any offer without engagement is accepted by the Client, We Are E is entitled to revoke the offer within two business days of the date of receipt of the acceptance.

2.2. We Are E charges a Booking Fee as part of any offer. The Booking Fee is levied on all shows and will be charged on top if explicitly stated or as part of the Artist Fee when no explicit reservation has been made in the Agreement. The Booking Fee is at all times non-refundable.

2.3. All offers made by We Are E are confidential, and may not be shared with third parties without explicit written consent of We Are E.

2.4. All offers made by We Are E only apply to a specific booking and related set of conditions, and cannot be transferred to other bookings and conditions. In case of compound pricing fees, the related set of conditions apply only to the specific offer and cannot be transferred to other offers.

3. AGREEMENT

3.1. The Client is to provide We Are E with all required information for contracting immediately upon confirmation of an Event, is responsible to carefully check the correctness and completeness of the Agreement drafted by We Are E and shall immediately notify We Are E of any inaccuracies or omissions in the Agreement.

3.2. After concluding an Agreement, requested changes and/or additions by the Client are only binding upon written confirmation by We Are E.

3.3. All changes to an Agreement whether made by mutual consent, incorrect or additional information provided by the Client after conclusion of the Agreement will result in extra work for We Are E. Any costs incurred as a consequence shall be calculated in fairness and charged on top of the Artist Fee and (if applicable) the Booking Fee in the Agreement.

3.4. The Client has a substantive obligation to timely provide all documents and any other information which We Are E deems relevant for performing the Agreement.

3.5. We Are E has the right to suspend or cancel the Performance if the Client has not complied with the obligation mentioned in the previous paragraph. We Are E also reserves the right to charge any additional costs resulting from delays to the Client.

3.6. We Are E has the freedom to determine the manner in which the Agreement is to be executed. If the Artist is unable to perform, We Are E shall, in consultation with the Client, call in another Artist (from a third party) and have the agreed Performance executed by that Artist. All related costs shall be borne by the Client.

3.7. The Client is not entitled to transfer the Agreement or any part of it to a third party without written consent of We Are E. We Are E withholds the right to cancel the Agreement without any refund if the Client acts in breach of the first sentence in this paragraph.

3.8. If a transfer of the Agreement is approved by We Are E, the Client is obligated to inform We Are E in advance of the Artist Fee and the Booking Fee agreed with the third party. If deemed necessary We Are E withholds the right to redraft the Agreement and invoice directly to said third party. Upon request by We Are E, the Client is obligated to provide We Are E with a proof of agreement and proof of payment from said third party.

4. FEE & PAYMENT

4.1. The agreed Artist Fee and (if applicable) the Booking Fee is based on known information at the time of Agreement. We Are E reserves the right to adjust the Artist Fee and (if applicable) Booking Fee and redraft the Agreement if unexpected changes or previously unprovided information significantly impact the circumstances pertaining to a Performance.

4.2. The Client is obligated and responsible for withholding all local taxes and shall notify We Are E of such costs before conclusion of the Agreement. In case local taxes need to be withheld, the Client must provide a matching tax certificate in the name of the Artist for his or her administration to We Are E after the Event and/or the Performance.

4.3. The Client undertakes to pay all bills received by We Are E no later than 28 days before the agreed date of the Performance or, if the agreement includes a specific payment date (or payment dates), no later than that payment date (or payment dates), unless the parties have agreed otherwise separately and in writing. Additional work must be paid within the payment term defined in the relevant invoice.

4.4. We Are E holds the right to pay out funds collected from the Client in advance of the event, such as: the Artist Fee, (third party) costs, taxes and any outstanding invoices. We Are E is never held to reimburse Client default interest over outstanding claims.

4.5. In case of default, liquidation, (request for) bankruptcy or suspension of payment by Client his (payment) obligations will be immediately due and payable. Also the (payment) obligation by the Client will be immediately due and payable in case We Are E comes to know circumstances that give it solid ground to fear the Client will / cannot satisfy his (payment) obligation.

4.6. Payment has to be made in EUR, GBP or USD through a bank transfer. All transaction costs are borne by the Client.

4.7. If the due date on an invoice is exceeded, We Are E charges an interest with a minimum of 2% per month over the amount due. Interest over a portion of the month will be calculated as a full month, from the due date of the invoice until the date of payment.

4.8. In case of default by the Client, the client will be held responsible for all judicial and extrajudicial costs resulting from attempts made by We Are E to claim its payment.

4.9. Payments made by the other party always serve initially to satisfy all interest and costs and only then go towards the claimable invoices that have been outstanding the longest, even if the Client states the payment relates to a later invoice.

5. PROVISIONS CONCERNING THE PERFORMANCE

5.1. The Client is obligated to obtain all necessary permits and licenses required for the Event.

5.2. The Client is obligated to take out sufficient liability insurance and event insurance to cover the costs made in relation to the Event. Upon request, the Client is obligated to show proof of insurance to We Are E.

5.3. The content and execution of the Performance shall be at the sole discretion of the Artist. The Artist will be allowed full control over presentation, production, nature and conduct of its Performance.

5.4. By entering into an Agreement the Client forfeits any right to influence the content and/or direction of Performance by the Artist, as well as any right at financial remuneration should they find the Performance unsatisfactory.

5.5. The Client is at all times obligated to adhere to the Artist rider, which is an integral part of the Agreement.

5.6. There can be no limitations on sound (level) during sound check and/or Performance by the Artist. If the Artist believes the sound (level) is unacceptable, the demands from the Artist rider have not been lived up to, or feels the production does not live up to safety standards, We Are E has the right to cancel the Performance without refund of the Artist Fee and (if applicable) the Booking Fee.

6. ADVERTISING AND PROMOTION

6.1. The Client requires prior written approval of We Are E with respect to the inclusion of the Artist’s name, logo, artwork and/or image in all promotional material, in the broadest sense of the word.

6.2. Upon request, We Are E will provide the Client with pictures, logos and/or artwork of the Artist and/or We Are E. All footage provided will stay the property of We Are E and shall be returned immediately after the Event, not to be used again without explicit written consent of We Are E.

6.3. All promotional costs shall be borne by the Client and cannot be levied to We Are E or the Artist, unless explicitly agreed in the Agreement.

6.4. The Client shall start advertising and promoting the Performance only after conclusion of the Agreement and full payment of the Deposit to We Are E.

6.5. The Client guarantees no sound recordings of the Performance shall be made and/or exploited and/or broadcasted without prior written approval of We Are E. Audio recordings made for right-collecting societies are exempted from this clause.

6.6. In case of a violation of clause 6.5 the Client forfeits an immediately payable fine of €1,000 plus an amount of €500 for each day that the violation continues.

6.7. Unless an explicit no-photo policy is in place, the Client is to provide professional photos and/or videos of the Performance. Any photo or video material shall be delivered to We Are E and the Artist within four (4) calendar days following the Event. The Client guarantees to only use professional photos and/or videos of the Performance in the after sales.

6.8. Any and all publication of photo and video material, including the selection of to be published material and timing of said publication, shall be done in consultation with We Are E.

6.9. The Artist beholds his unlimited portrait rights, including his right to refuse any and all publication.

6.10. The Client is solely responsible for ensuring that it does not infringe personality rights of third parties when offering photographic or video material for publication purposes.

6.11. The Artist is not in any respect obligated to give interviews to radio, TV, newspapers or magazines, participate in social media advertising or live-streams, or any other promotional activity, unless the Client has received written consent from We Are E. Requested media performances can never hinder other bookings. We Are E reserves the right to cancel a media performance at any time.

6.12. The Client is obligated to mention, at each booking, which sponsors (indicating brand and product group) are sponsoring the Event and/or the Performance. We Are E holds the right to refuse a Performance at any given time, if not all sponsors have been reported in advance of concluding the Agreement.

7. CANCELLATION

7.1. If the Client cancels the booking 21 or more days before the Event, fifty percent (50%) of the Artist Fee should be paid. All costs already incurred by We Are E and the Artist such as (but not limited to) VISA and/or travel costs need to be reimbursed by the Client. If applicable, the entire Booking Fee needs to be paid.

7.2. If the Client cancels the booking between 21 and 15 days before the Event, seventy-five percent (75%) of the Artist Fee should be paid. All costs already incurred by We Are E and the Artist such as (but not limited to) VISA and/or travel costs need to be reimbursed by the Client. If applicable, the entire Booking Fee needs to be paid.

7.3. If the Client cancels the booking within 14 days before the Event, the full Artist Fee and (if applicable) the Booking Fee should be paid and all already incurred by We Are E and the Artist such as (but not limited to) VISA and/or travel costs need to be reimbursed by the Client.

8. FORCE MAJEURE

8.1. In case of Force Majeure which interrupts or prevents the performance of any obligations due by the Client under the Agreement or prevents the Event from taking place in the agreed dates, We Are E is entitled to dissolve the Agreement or to suspend the performance of its obligations toward the Client until the circumstances causing the Force Majeure no longer apply, without being liable to pay any compensation to the Client.

8.2. If the period of Force Majeure lasts longer than three months or it is clear the Force Majeure is of a permanent nature, We Are E is entitled to dissolve the Agreement without being liable to pay any compensation to the Client.

8.3. In case of Force Majeure We Are E is entitled to claim payment for services provided during execution of the Agreement. Costs may include but are not limited to the Artist Fee, Booking Fee, travel, accommodation and advancing costs.

9. DUTY TO WARN

9.1. The Client is held to inform We Are E immediately and completely when they suspect or notice the Performance and/or the Event may not be able to take place.

9.2. In addition to his own duty of care to prevent and limit damage, the Client is held to participate fully to give We Are E the opportunity to prevent or limit imminent damage of any kind.

9.3. The Client is held to safeguard We Are E and the Artist from any claims by third parties as a result of the Artist’s Performance or the use of the provided service by the Client.

10. LIABILITY

10.1. All work by We Are E is done to its best ability and is based on known information, established facts and given circumstances.

10.2. The Client is liable for all damages (for example by fire, theft and/or other forms of damaging) to possessions of the Artist or We Are E (records, record cases, headphones, laptops, controllers, coats, bags etc.).

10.3. We Are E is not liable against the Client for damages (whether direct or indirect) and/or any disadvantage arising from the performed services – commissioned or not – or from any neglect in the performed services by We Are E, barring the case this damage is caused by intent or gross negligence of We Are E.

10.4. We Are E is not liable for damages incurred by the Client (whether direct or indirect) and/or any disadvantage which arises for the Client when either the Client or We Are E dissolves the Agreement or when We Are E is released from its obligation to fulfill the Agreement.

10.5. If We Are E is held liable for damage caused to the Client, the complete liability for We Are E will be limited to a certain amount that is reasonable and fair in relation to the agreed price, and shall in no event exceed the Artist Fee in the Agreement.

10.6. The Client shall completely safeguard We Are E and reimburse any costs of any third party claim for damages, including all reasonable costs incurred for processing the claim by We Are E, within 30 days.

11. SECURITY

11.1. We Are E is entitled to demand a Deposit from the Client. The Client shall start advertising and promoting the Performance only after full payment of the Deposit to We Are E.

11.2. The Client is obligated to inform We Are E in case of an imminent risk of bankruptcy, shutdown or suspension of payment and in such cases shall provide We Are E with security for all of its claims towards the Client. Should the Client be unable to provide such security all amounts are immediately due and payable.

12. TERMINATION

12.1. If the Client fails to fulfill its obligations under the Agreement, We Are E has the right to (partly) terminate the Agreement, without being liable to pay any compensation.

12.2. Termination of the Agreement does not affect the Client’s obligation to reimburse the costs already incurred by We Are E and/or the Artist.

12.3. In case issues arise with regards to the availability of persons and/or material that are of such nature that performing the Agreement would be impossible or so difficult and/or disproportionately expensive that compliance with the Agreement cannot be reasonably fulfilled, We Are E is authorized to fully or partly terminate the Agreement without being liable to pay any compensation.

12.4. The Agreement will be dissolved without judicial intervention and without any notice of default being required, when the Client is declared bankrupt or there will be filed an application for bankruptcy, applies for court-ordered suspension of payments, is affected by attachment of assets under a writ of execution, is placed under curatorship or an administration order, or when the Client loses the power of disposition or capacity to contract with respect to its assets or any parts thereof for any other reason, unless the trustee in the bankruptcy or the administrator appointed for the suspension of payments recognizes the obligations arising under the Agreement as an estate debt.

13. DATA PROTECTION AND GDPR

13.1. We Are E shall not use any personal data provided by the Client, other than for the purpose of fulfilling the Agreement with the Client, regular business contact, or sending our newsletters.
13.2. We Are E will handle any personal and other data it has obtained with due care and process such data exclusively in accordance with the Personal Data Protection Act, and, as per 25 May 2018, the applicable General Data Protection Regulation (GDPR) (Algemene Verordening Gegevensbescherming AVG), as well as other relevant privacy regulations.

14. APPLICABLE LAW AND JURISDICTION

14.1. All offers, assignments and closed agreements within these General Terms and Conditions are exclusively applicable under Dutch law.
14.2. All disputes arising from offers and agreements to which these General Terms and Conditions apply, must be submitted to the competent court in Amsterdam.

General Terms & Conditions (NON-EU clients) We Are E B.V.

Filed with the Dutch Chamber of Commerce under number: 75185202

1. GENERAL

1.1. In these General Terms and Conditions the following definitions apply:

Agreement: the booking agreement between the Client and We Are E including the General
Terms and Conditions, Hospitality Rider and Technical Rider.

Artist: the natural person who is to perform at an event as specified in the Agreement between the Client and We Are E which is subject to these General Terms and Conditions.

Artist Fee: the agreed sum destined to the Artist (and its agency) in conjunction with its
Performance.