Last updated: October 22nd, 2023
WACE, s.r.o., a Limited Liability Company with its registered seat at Osuského 2476/1, 851 03 Bratislava, Reg. No.: 47571098, registered in the Commercial Register at the City Court in Bratislava III, Section: Sro, File: 165681/B (hereinafter “WACE”) is a legal entity, which within the scope of its business activities focuses mainly on providing music entertainment and event planning services.
To achieve continuous improvement of the provided services, WACE has adopted these Terms and Conditions, which define the rules for the Company’s activities, so that the company, based on the Client’s instructions, can carry out activities aimed at achieving maximum Client satisfaction as well as others interested in the aforementioned activities.
These Terms and Conditions are valid for all relationships between WACE and its Clients. All work is carried out under these terms except where changes are expressly agreed in writing.
1.1 Agency: WACE, the legal entity established in the Slovak Republic, trading under the name WACE, s.r.o. and user of these Terms and Conditions;
1.2 Client: the Consumer or the legal person who provides the Assignment to WACE;
1.3 Artist: the (professional) practitioner in the field of art, entertainment, sports, and/or media (such as, but not limited to, an artist, musician, presenter, (TV) personality, photographer, videographer) and/or the person who provides technical, production or provides artistic assistance to this (professional) practitioner;
1.4 Supplier: the person(s) who has committed or will undertake, directly or indirectly, in connection with the Assignment to be performed by WACE, to provide services and/or make things available, all this in the broadest sense of the word, such as for room rental, transport, decoration, light, sound, catering and security;
1.5 Performance: the act of presenting a play, concert, or other form of entertainment by the Artist, which is specifically described in the Agreement;
1.6 Assignment: assignment given by the Client to WACE which, for example but not exclusively, relates to:
(1) the organization of performances, shows, presentations, concerts, events, scripts, films, festivities, photo shoots, TV and/or theater shows and/or parts thereof or making a contribution thereto;
(2) taking care of Bookings, whether or not in the context of the provisions under (1) above;
(3) the provision of consultancy services;
(4) manufacturing a Production or making a contribution to a Production;
(5) Renting and/or lending movable property;
(6) providing services related to (artist) management, sponsorship, acting, Productions and/or (artistic) productions of third parties.
1.7 Agreement: agreement (or booking agreement) concluded between the Client and WACE with information about the Artist(s) and Performance(s), which relates to the Assignment given by the Client to WACE;
1.8 Rider(s): special additional provisions regarding, among other things, facilities to be made available to the Artist(s) and/or Supplier(s) by the Client, which provisions are inextricably linked to the Agreement.
2. General, acceptance of terms, electronic communication
2.1 The following Terms and Conditions apply for all Agreements, transactions and other business relationships between WACE its and Clients (actual and potential Clients interested in the services provided by WACE) in connection with providing event entertainment services. By ordering a service from WACE, the Client declares acceptance of the Terms and Conditions of WACE and agrees with the price set by WACE, if published on the company’s website; otherwise, the price for the provided services will be agreed upon between the parties hereto. The Conditions are valid for the duration of the parties’ business relationship.
2.2 WACE reserves the right to unilaterally change or supplement these general Terms and Conditions. Any changes to these general Terms and Conditions take effect on the day they are published on the website.
2.3 The contracting Parties recognize electronic communication and will not deny its validity and legal effects just because the communication is electronic.
2.4 E-mail messages are considered received if they are accessible to the other party, or when they were delivered to the mailbox of the receiving party.
2.5 According to European regulations, a legally valid Agreement (reservation or purchase) is concluded electronically (via the Internet and/or e-mail), which must be followed by the agreed payment.
3. Task assignment
3.1 For each ordered service, the subject of the order must be clear and not confusable. Any changes, confirmations and/or repetitions must be properly labelled. It is necessary for written orders for services to be confirmed by the Client’s signature. Ordered services will begin being provided only after WACE confirms and signs the orders.
3.2 The Client hereby confirms that the information about the Client provided to WACE via the online request form or e-mail is true, complete, and accurate.
3.3 By signing an Agreement with WACE, the Client declares that he is fully familiar with the Performances of the Artist(s) and/or Supplier(s), as well as with the type and/or nature of the specifically contracted Performances.
3.4 WACE shall not be liable for missed or suspended provision of a service, which may occur due to unclear, incomplete, illegible, or otherwise uncertain tasks assigned by the Client, without the intention to cause harm. This certainly applies for Assignment of tasks carried out verbally or by phone. WACE shall be entitled to withdraw from the Agreement or may reject an order if it receives reliable negative information about the Client.
4. Confidentiality and Performance of tasks by third parties
4.1 WACE and the Client shall treat in the strictest confidence all such information and all such documents of which they may become apprised during their collaboration with each other as are not intended for transmission to third Parties.
4.2 Based on the mediating character of an agency, WACE shall have the right to have tasks performed (and services provided) via third parties. The Client hereby agrees that for future Assignments the Client shall not contacts such third Parties directly, and should the Client breach this restriction, then the Client shall be liable to WACE for damages, particularly damages in the form of lost profit.
5. Prices, quotation, and payment terms
5.1 All prices stated in price quotations by WACE are binding. Discounts in any form shall not be provided unless they have been expressly agreed upon.
5.2 All fees charged by WACE are plus VAT at the statutory rate as valid at the time of billing. For invoices to recipients of services outside the Slovak Republic no VAT will be calculated on said invoices. The VAT Number of the Client must be given on these invoices, and the Client must state this number to WACE.
5.3 The Client shall pay to WACE the first 50% of the remuneration stated in the Agreement within 14 days after signing the Agreement, unless otherwise agreed. The other 50% of the remuneration is to be paid to the account of WACE a maximum of thirty business days before the provision of the service(s) (before the event). Invoices with payment instructions will be send to the Client always in advance. In some cases an 80% or 100% advance payment might be required.
5.4 Additional payment for unforeseen expenses, travel and accommodation shall be billed by WACE within 7 days following the Performance. These shall include, for example, extraordinary communication, costs arisen due to rescheduling of Artists and/or other third parties and/or, but not limited to additional travel costs.
6. Scope of services, delivery schedules, unforeseen circumstances, illness
6.1 The price of the Performance, the scope of the Performance, the date and time of the Performance and the place of the Performance are stated in the price quotation and/or Agreement.
6.2 The Client is responsible for providing adequate professional industry standard audio-visual equipment according to the Artist’s requirements. The requirements will be stated in the price quotation, Agreement and/or in the Artist’s technical Rider. The equipment should not have any malfunctions or deficiencies.
6.3 Extension of the Artist’s Performance is only possible after written and signed permission is obtained from WACE.
6.4 The Client undertakes to provide the Artist and/or his technical crew / management the possibility to conduct a comprehensive sound check and/or equipment check before the start of the Performance. WACE ensures that the Artist is present at the venue at a reasonable time before the start of the Performance. Mostly this is up to 1 to 4 hours before the begin of the Performance.
6.5 In case of technical equipment malfunctions or deficiencies during the Performance, the Client is solely responsible for immediately removing such malfunction of deficiency.
6.6 The Artist has the right to discontinue the Performance without permission of the Client, in case of technical equipment malfunctions or deficiencies during the Performance. The right to remuneration for the provision of the Performance remains even if the Artist decides to discontinue the Performance.
6.7 The Client undertakes to provide the Artist with an adequate covered space in case of adverse weather. The right to remuneration for the provision of the Performance remains even if the event cannot be held due to adverse weather.
6.8 In the event of an objective inability to fulfil the provision of service on the side of WACE (due to unforeseeable circumstances (i.e., but not limited to flight delays, extreme weather) and similar obstacles or force majeure that WACE may not influence or predict) WACE shall become entitled to withdraw from the Agreement, if it is obvious that it cannot meet the agreed deadline for provision of service, without judicial intervention and without WACE becoming liable to pay compensation to the Client as a result.
6.9 In the event of unpredictable circumstances such as illness/disability of the Artist, the Parties may negotiate a substitute Performance on the same terms as the Agreement.
7. Travel, transfer, VISA, accommodation, and hospitality
7.1 If not agreed otherwise, and if the Performance takes place outside of the Artist’s country of residence, the Client undertakes to ensure a return flight for the Artist in economy class with at least one big luggage. The international airport of choice should be reasonably closest to the Artist’s residency address or, if applicable, closest to the Artist’s previous Performance address. The flight reservation must be made according to the exact instruction of WACE. The Client must provide WACE with a valid flight confirmation as soon as reasonably possible after confirmation of the Agreement or at least 1 month before the Performance. The flight carrier should be preferably KLM Royal Dutch Airlines, Lufthansa, Austrian, Air France, Etihad, Emirates or Turkish Airlines.
7.2 If not agreed otherwise, private car transfers to/from the airport and to/from the hotel and to/from the venue of the Performance should be provided by the Client. The driver should be a licensed professional with reasonable driving experience. The car transfers should be preferably in a Mercedes E or S class, Audi A6 or A8, BMW 5 or 7 or any type of SUV vehicle, to guarantee the safety and comfort of the Artist during the transfers.
7.3 If not agreed otherwise, the Client must provide a (business) VISA for the Artist, if applicable, and provide WACE with a copy of the VISA at least 1 month before the Performance.
7.4 If not agreed otherwise, the Client must provide hotel accommodation for the Artist for the entire stay of the Artist (i.e., from the day of arrival of the Artist at the airport until the day after the Performance). The hotel must be internationally accredited with 3 or more stars and must have a 24-hours reception with the possibility of late check-in and early/late-checkout. The Artist should be allowed to make use of early check-in and late check-out at additional cost to the Artist or WACE. The room category must be at least standard or premium standard with 2 beds or one King-size or Queen-size bed and mini bar at no additional cost to the Artist or WACE. The hotel brand should preferably be Marriott, Hilton, Hyatt, Ritz-Carlton, NH Hotels or similar.
7.5 If not agreed otherwise (i.e., by a F&B buy-out), a warm lunch and a warm dinner should be provided to the Artist at the day of Performance, at a reasonable time before start of the Performance.
7.6 The Client undertakes to ensure the provision of food & beverages during the Performance according to the (hospitality) Rider of the Artist, which will be provided to the Client by WACE and is part of the Agreement.
7.7 The Client undertakes to ensure the provision of a heated / air-conditioned and secured dressing room for the Artist. The dressing room must include washing facilities, mirrors, and lighting, possibly as closest to the designated place of Performance.
7.8. The Client undertakes to ensure the provision of adequate security personnel upon arrival of the Artist (and the Artist’s crew and other supervisors) at the Performance venue, as well as during and after the Performance, to guarantee the safety and wellbeing of the Artist. At least 1 security staff must during the entire Performance at the designated space of the Performance, to prevent any persons from approaching the Artist.
7.8.1 The Artist must be able to walk the distance between dressing room and Performance stage undisturbed and safely.
7.8.2 If it appears that the popularity of the Artist on the date of the Performance of the Assignment has increased significantly compared to the time of entering into the Agreement, the Client undertakes to take any additional security measures. WACE is entitled to cancel the Artist’s Performance without being liable for compensation if the Client fails to undertake additional security measures.
7.9 Upon agreement between the Client and WACE, for some Assignments (including, but not limited to remote geographic locations or locations with higher safety risk) the Client undertakes to ensure the abovementioned provisions in 7.1 to 7.8 (or partially upon agreement) for a close person of the Artist (including, but not limited to the Artist’s manager, friend, or family member).
8. Technical requirements, special effects, safety requirements
8.1 A safe and sufficient power supply is required in close range of the Artist’s place of Performance. Failure to provide a power supply (i.e., but not limited to 230V / 32A power sockets) and/or failure to provide information about its availability may jeopardize the provision of the Performance. The right to remuneration for the provision of the Performance remains even in the case of the impossibility of the Performance due to the failure to provide a power supply, the provision of a malfunctioning or insufficient power supply and/or the failure to provide information about its availability.
8.2 The Client must notify WACE at least 1 month before the event about any sound restrictions or technical limitations at the Performance venue.
8.3 The Client must notify WACE at least 1 month prior to the event about any limitation regarding the use of smoke, fog, CO2, and fire effects at the Performance venue.
8.4 The Client must provide WACE with the name, phone number and e-mail address of the person, who is in charge at the Performance venue for technical equipment, safety, and special effects, for the purpose of additional verification of the use of abovementioned.
8.5 The Client is solely responsible and liable for any complaints, fines, expenses or damage to health, property, nature, and the environment caused using smoke, fog, CO2, fire effects and fireworks. WACE shall not be liable for such damages under any circumstances.
8.6 The Client is solely responsible for putting in place all reasonable and necessary measures to preserve the safety, health and wellbeing of all persons who will be at the Performance venue during the Performance.
8.7 The Client binds himself to fully compensate any damage caused to the Artist’s and/or Supplier’s instruments and/or sound equipment, whether owned or rented, caused by visitors or the Client’s staff, or caused due to a power malfunction, in the appraised value determined by a professional technician with reasonable expertise in the field of instruments and (sound) technology. Compensation by the Client to the Artist and/or Supplier must be paid within one month after the damage was caused. Under no circumstances shall WACE be liable for such damage.
8.8 The Client indemnifies and holds (the) Artist(s) and/or Supplier(s) and WACE harmless for any claims of third parties.
9. Artist billing, release of artwork
9.1 Artist billing (i.e., headliner, support artist, main stage, etc.) must be confirmed by WACE before any release or publishing by the Client and/or any third parties. The Client undertakes to provide the Artist billing information to WACE at least one month before the Performance.
9.2 Any artwork, flyers, banners, social media stories, and other formats of graphical content which include the Artist photo, logo, artwork, or other information of the Artist must be confirmed by WACE before any release of publishing by the Client and/or any third parties.
9.3 The Artist and WACE have the right to release or publish any artwork, flyers, banners, social media stories, reels, posts, and other formats of (graphical) content of the Performance without time or territorial limitation and without rights for payment by the Client either now or in the future.
9.4 The Artist may publish any artwork, flyers, banners, social media stories, reels, posts, and other formats of graphical content related to the Performance upon the Client’s requests. The Artist shall not be obliged to comply with the Client’s request.
10. Intellectual property rights, copyrights, public performance licenses
10.1 All intellectual property rights to concepts developed and elaborated by WACE for a (part of an) Assignment, which are presented and/or made available to the Client, including quotations, documentation, designs and/or other (written) elaborations, rest exclusively with WACE. The Client is not permitted to use the aforementioned concepts or to make their contents known to third parties without WACE’s prior written permission.
10.2 WACE shall ensure that the Artist does not breach copyrights or any other rights of third parties. In the event of their breach, only the Artist, not WACE, shall be fully liable for such breach and shall be required to pay compensation for all damages arising as a result of such breach of third parties’ rights.
10.3 A public Performance license may be needed for the event and is issued by the performing rights organization(s) in the country of the event. It is the Client’s sole responsibility to inform about the public Performance licenses that are needed for the event and to ensure that such a license and/or any similar licenses will be provided. WACE shall not be liable for any fines, penalties or costs arisen due to failure to pursue such obligation(s) by the Client.
11. Photo and video release clause
11.1 The Client grants WACE permission to make photo and video Recordings of the Performance and use and edit the photo and video Recordings made during the Performance for, but not limited to promotional purposes of the Artist and WACE, without time or territorial limitation and without rights for payment by the Client either now or in the future for the making and use of the footage by the Artist and WACE.
11.2 The Client’s trademarks, logos and other objects of industrial property rights may be captured on the Recordings, as well as persons of the Client’s statutory staff, the Client’s employees and visitors of the event may be captured in the Recording. The Client grants WACE a license to use the Recordings in any audio-visual production created from the Recording.
12.1 Complaints will be recognised and processed only if they are submitted in writing by WACE within one week from when services are provided.
12.2 Each complaint must contain an exact and exhausting description of the shortcomings in provided services.
12.3 A complaint shall not entitle the Client to refuse to pay fees in their full amount and by their due dates for provided services.
12.4 Entitlement to potential compensation shall be governed by relevant provisions of applicable legislation.
13.1 Reassignment of the Client’s rights and obligations towards WACE based on the Parties’ agreement shall be allowed only after written and signed permission is obtained from WACE.
14.1 In the event of cancellation of an event by a Client, the following shall apply:
- a) The Client shall be entitled to cancel the order in writing at any time even without specifying a reason.
- b) In the event of a cancellation, the Client shall be required to compensate WACE for damages arising as a result. For determining the order cancellation date, the date of delivery of the written (e-mail) cancellation notice (withdrawal from the Agreement) shall be decisive. The written cancellation notice must be sent to email@example.com.
14.2 Fees to be paid by the Client in case of cancellation:
- 151 days or more prior to the date of the event: 25 % of the total fee
- 91 to 150 days prior to the date of the event: 50 % of the total fee
- 31 to 90 days prior to the date of the event: 75 % of the total fee
- 30 days or less prior to the date of the event: 100 % of the total fee
14.3 The date of the event shall be understood as the agreed scheduled date for provision of the services, according to the Agreement.
14.4 Covid-19 does not affect these terms.
14.5 WACE reserves the right to cancel the Agreement or any part thereof if the deposit has not been paid in full, if serious obstacles have arisen, which have prevented the fulfilment of the obligations of WACE stemming from confirmation of the order or due to force majeure circumstances.
15. Exclusion of competition
15.1 The Client shall have a duty for its part not to commission another agency for its contractual services in the contractual area during the term of the Agreement.
- a) by sending the request form on the website www.wacegroup.com;
- b) by requesting information by e-mail or phone communication;
- c) by requesting information through communication via third-party social networks;
- d) by subscribing to news on the www.wacegroup.com website;
- e) participating in competitions published on social networks of third parties.
16.2 The Company collects and processes personal data only in cases of necessity and to the extent necessary to fulfill the purpose for which the personal data are collected. The company processes personal data primarily for the purpose of providing services.
17. Disputes, court jurisdiction and exercising of rights
17.1 Should a provision of these Terms and Conditions be or become ineffective, the validity of the Terms and Conditions shall not otherwise be affected thereby. The ineffective provision shall be replaced by a regulation which approaches most nearly within the limits of the law to the will of the contractual Parties.
17.2 All disputes, including disputes only recognised by one party hereto, shall be referred to a civil court with relevant jurisdiction pursuant to applicable law.
17.3 Slovak law shall apply to all Agreements, and Slovak courts alone shall have the right to decide regarding any disputes between WACE and third parties.
17.4 If the Client does not have a permanent residence in the Slovak Republic, the court jurisdiction will be based on provisions of international law. If a choice of court is allowed by international law, then a general court with jurisdiction based on the location of WACE shall be responsible for settling disputes. At the time of the issuance hereof, that general court is the District Court in Bratislava, Slovak Republic.
In case of questions about these Terms and Conditions, please contact WACE via firstname.lastname@example.org.
Last updated: October 22nd, 2023. This version of the Terms and Conditions completely replaces the previous versions.
© 2023 WACE