general
terms
terms
1. Applicability of General Terms and Conditions
a. These General Terms and Conditions apply to all offers from, orders to, legal relationships and agreements under which Manifestations or other associated activities, supplies products or services of any kind to Customer, even if such products or services are not (further) described in these General Terms and Conditions. (Hereinafter called: Manifestations activities)
b. The applicability of other terms and conditions of Customer/suppliers/partners/artist (hereinafter referred to as Customer) is expressly rejected by Manifestations.
c. The parties can only agree amendments to the General Terms and Conditions in writing. Manifestations is entitled to modify the General Terms and Conditions and to declare modified General Terms and Conditions applicable to Contracts. The amended General Terms and Conditions can be consulted on Manifestations' website.
d. The general terms and conditions of the Event Holder of the Event shall apply to the Contract. If not already in the customer's possession, the Event Holder will send the Event Holder's general terms and conditions upon request.
2. Conclusion of Agreement
a. Unless otherwise agreed in writing, all offers, including advertisements and price lists as mentioned on Manifestations' website are without obligation.
b. By visiting the events/expo's/festivals, or purchasing from Manifestations, the visitor automatically agrees to these general terms and conditions. This also applies to the supplier, partner, participant, customer, artist or artist.
c. At the part for which tickets are sold, the organiser is not liable in case of changes in the programme.
d. The buyer, by buying the ticket, or also by attending the festival/event, also agrees in advance to the house rules.
e. If tickets are sold through a service such as Ticketscript, the service charges are for that service and cannot be recovered from organiser in any possible way.
f. Sometimes there is an action, e.g. for museum card holders, win actions, or actions of partners, or price actions, those people were lucky, no rights can be derived from that. If you think you are a special case and feel uncomfortable about this, please send an e-mail and we will see if we can help you on a case-by-case basis.
3. General Rules
Visitors are not allowed to earn money from the festival, e.g. by taking photos, selling goods or offering services, etc.
b. Photography/ I would like to take photos during Manifestations (pre-)events: this is allowed (provided no money is made, then consultation), only for professional cameras different rules apply: (after registration) photographers are allowed to take photos everywhere, provided they share the photos in original format and without text/logos etc. through the image, with the festival organisation, on the same day (via WeTransfer), so that we can use the photos for non-commercial purposes and our own promotion. Photographers may stand in front, but should behave as guests: do not climb the stage without consultation, and do not interfere with the performance or the view/image of the performance/lecture/performance/image, do not enter dressing rooms, etc.
c. By attending the festival/event/party/expo, you automatically agree to this rule. This also applies to artists/staff/etc.
We do not allow people to make money from our festival without prior consultation and written, clear permission.
4. Liability
a. Visitors enter the festival/party/exhibition site and attend the event at their own risk. The event organisation is not liable for loss, theft or damage to visitors' belongings. Any liability of the organisation is limited to the amount paid out by its insurer in the case in question.
b. The visitor is aware that loud music will be played during the event. The organisation advises visitors to wear hearing protection and to regularly move to an area where no music is played to give hearing rest.
However, the organisation does ask people to contact the management immediately in case of complaints manifestations.nl@gmail.com or ask the team if management is nearby, so that they can immediately anticipate and take z.n. adequate measures (so not to random volunteer or sound technician). This also applies to other complaints/ tips/ advice/ noise pollution/ etc.: SVP report in good time and to the right persons.
c. The organisation is not liable for changes or deviations in the programme. Furthermore, the organisation is not responsible for the content of the programme elements.
d. The artist/participant is self-responsible for the functioning of his work. If the work is not functional during the festival, the artist will not claim the previously agreed (transport/expense/fee/hospitality/etc.) fee.
e. The artist/artist is himself responsible for taking out insurance, and otherwise himself liable, in case his artwork causes damage to people or goods or intangible property, values.
f. Artworks, collaborators and artists, as far as the general festival insurance allows, go along with the general event insurance.
Any liability of the organisation is limited to the amount paid by its insurer in the relevant case.
g. Artworks are exhibited in an environment with many interactive works, the artist should take into account that his work is going to be touched by about 15,000 visitors. And should take adequate measures himself, if this is not the intention. Adequate measures do not include sending an e-mail/telephone/text message to the organisation to solve this, or asking the volunteers to do so. The artist should find a proper solution to this himself. The organisation will try, as much as possible
accommodate the artist and want to help, within its possibilities, but reminds the artist that he himself plays an active role in this. The artist is also advised to bring along any extension cords, equipment and lighting. And to be present at the work as much as possible, which is also good for press and networking purposes. Subsequent invoices with your own repair hours will not be accepted. Our events are idealistic and run on volunteers and sponsors. There are no commercial rates. Everyone tries as hard as possible to make the festival a success. If any damage does occur, our damage procedure must be followed, which is available upon request and relevance.
h. Any liability of the organisation is limited to the amount paid out by its insurer in the relevant case.
i. Works of art include parts thereof, performance props, clothing, climbing harnesses, equipment, lunch boxes, property, etc.
j. if the artist does not transport his/her work himself/herself, the artist is self-responsible for transport: i.e. ensure proper packaging, and written or mail packaging instructions. You might imagine that last-minute verbal instructions to a random volunteer or staff member running around may not always get through properly. You have your own responsibility for this.
k. Also during the event, works should be reasonably secured (e.g. with a lock, display case, spiked tape or fishing line, and the participant or visitor himself should not leave his wallet, keys, camera and valuables unattended: put them in your pocket and keep them with you).
5. Force majeure
a. The organiser may reschedule the event to another date or venue or even cancel it if there is force majeure.
'Force majeure' should be construed broadly in this context and includes, inter alia, illness and/or cancellation of the artist(s), strikes, fire, bad weather conditions, dependence on partners, etc.
6. Other Provisions
a. Visitors must comply with the regulations and instructions of the organisation, and competent authorities. If the organisation deems this reasonably necessary to maintain peace and order during the event, it has the right to deny the visitor (further) access to the
event or remove it from the venue.
b. It is possible that image and/or sound recordings will be made of the event and visitors and that recordings will be made public or reproduced. The visitor unconditionally grants permission to make the aforementioned recordings and exploit them without the organisation or third parties being or becoming liable to pay any compensation to the visitor. The visitor hereby transfers any neighbouring rights and/or copyright and/or portrait rights to the organisation without any restrictions. Furthermore, the visitor irrevocably waives the right to invoke his/her moral rights.
c. Registration of the event without the express prior written permission of the organisation in any form whatsoever, including professional photography, filming and the making of sound and/or visual recordings, is prohibited, as well as reproduction of and/or copying from the programme (booklet), posters and other printed matter. See also the aforementioned photography section.
d. To enable the organisation to fulfil its legal obligations, visitors must be able to identify themselves upon request. This applies, inter alia, in the context of the Drank- en Horeca Legislation, from which it follows that no alcohol is served to visitors under the age of 18.
e. Smoking is not allowed in tents and (temporary) buildings, except for any designated smoking areas. Any fines imposed on the organisation as a result of the visitor's violation will be recovered from the visitor. Canopies or tents resembling canopies have also led to discussions with the Food and Consumer Product Safety Authority in the past, which they have won. And those fines don't come amiss. So: smoke, you pay.
f. It is not allowed to bring dangerous animals during the event. Furthermore, it is not allowed to undertake risky activities, tattooing, making fire(s) e/o carrying out commercial activities, e/o making offensive, discriminatory or insulting statements or carrying or distributing such signs in any way on the grounds.
This also applies to our team, artists, and also regarding irresponsible alcohol and drug behaviour: this will not be accepted. The team will not be allowed to consume drugs or alcohol during or immediately before services.
g. The organisation has the right to deny visitors access to the event if they do not comply with these rules or do not follow instructions from the organisation. In general, this is the case if public order or safety is endangered during the event.
7. Payment terms and supplementary terms invoices:
For outgoing invoices: the foundation applies a payment term of paying within 14 days. We charge a 29.95 administration fee per every 14-day extension.
If no payment is made before the new year, we will charge an additional €59.95 (according to our General Terms and Conditions). After 8 weeks, an official notice of default is issued and a collection agency is called in.
b. For incoming invoices: the foundation will do its best to pay all invoices within 14 days. For complicated invoices, or incomplete invoices, the "verifiability condition" applies, if this is met (the Supervisory Board understands the invoice and can check it 100%), then from the moment this is met, the invoice will be subject to a payment period of 14 days, up to 30 days in exceptional situations.
c. the organisation does not enter into indefinite agreements.
d. No rights can be derived from intentions or from previous invoices, all financial agreements are expressly and in writing in an appointment confirmation.
e. If Art & Technology Foundation has not been delivered as agreed, there is also no need for payment by the foundation. If management finds that Terms of Reference have not been performed or have been performed inadequately, no payment need be made either and any form of agreement will be annulled and damages recovered from the non-delivering party.
Finally: In case of noise pollution / complaints / missing cords or parts or parts of appointments / tips, the organisation asks to contact the management immediately manifestations.nl@gmail.com or ask the team if management is nearby, so they can immediately anticipate and take z.n. adequate measures (i.e. not to a random volunteer or sound technician).
SVP report in time and to the right people.