AGB

1. SCOPE AND CONTRACTING PARTIES

These General Terms and Conditions apply to all booking contracts between the Artist Stanley Okoro (aka Stanley Rubyn), Petersburger Str. 39, 10249 Berlin, Germany and the Client.

They regulate the booking of musical performances for private events (e.g., weddings) as well as public events (e.g., festivals). Bookings may refer to a solo artist or a live band.

The inclusion of the Client’s own business terms is hereby objected to, unless the Artist has expressly agreed in writing to their applicability.

2. CONTRACT CONCLUSION AND OFFERS

2.1 The presentation of services on the Artist’s website or in brochures does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer. Offers created by the Artist are valid for 7 days from the date of issue.

2.2 The Client can submit a free, non-binding inquiry using the online form or by email. The Artist discusses the details of the event with the Client via email or optionally through a 15-minute introductory call. The Artist then sends a written offer stating the date, time, location, type of service, duration (including breaks), and fee.

To book, the Client signs the contract and returns it to the Artist by the date stated in the offer. The contract becomes binding once the Artist receives the signed contract. If a deposit has been agreed, the date is only reserved once the Artist has received the deposit on time. The Artist’s booking confirmation (sent by email) documents the completed booking.

3. SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS

3.1 The Artist commits to performing at the agreed date, time, and location. The exact duration (including breaks) is stated in the offer. If the performance is extended on site, § 7 applies.

3.2 The musical repertoire is determined by the Artist’s abilities and the agreed style. The Artist is not a cover artist. The focus of the performance lies on original compositions and individual artistic expression. Requested songs (cover songs) can be agreed upon at the Client’s request, but a maximum of 2 pieces per event.  These must be communicated at least 4 weeks before the date. The Artist reserves the right to reject requested songs if they do not match their style or are technically unfeasible.

3.3 The Artist commits to arriving at the venue at the latest 60 minutes before the start of the performance to set up and conduct a soundcheck.

3.4 The Client must ensure the following conditions are met at the venue:

For Outdoor Events: If the power supply is unreliable or fails completely and the Client cannot provide a functioning replacement supply (e.g., generator) within 45 minutes, the Artist is entitled to postpone or cancel the performance.  In this case, the Artist is entitled to 70% of the agreed fee (as compensation for attendance and loss of time), less provably saved expenses (in particular travel and accommodation costs not incurred). If the performance is resumed after the supply is restored, the Artist is entitled to the full fee.

3.5 Unless otherwise agreed, the Artist brings their own equipment. If the Client provides their own PA system, it must be technically flawless and operated by a qualified person. The Artist assumes no liability for damage to their equipment caused by improper operation of external systems. The Client is liable for damages they intentionally or negligently cause to the Artist’s equipment.

3.6 Should the Client release the performance venue late (up to 30 minutes) or technical problems delay the start, the playing time is shortened accordingly, without any change to the fee.

3.7 The Artist may replace individual band members with equally qualified musicians. The Client can only cancel for good cause if no suitable replacement is available.

4. FEES AND PAYMENT TERMS

4.1 The fee covers the artistic performance including preparation, travel and setup time as well as operating costs. All prices are exclusive of statutory VAT.

4.2 Travel and Accommodation Costs

Local Performances: Performances within the city limits of Berlin or within a radius of maximally 30 km from Berlin-Mitte are considered local. Within this radius, all travel costs (transport, tolls, parking) and accommodation costs are included in the fee.

External Performances: If the venue is outside this zone (i.e., outside Berlin and more than 30 km from Berlin-Mitte), travel costs and accommodation costs (if necessary) are reimbursed separately based on actual costs.

4.3 Deposit and Payment Modalities

4.3.1 If the contract is concluded more than 6 weeks before the event day, a deposit of 30% of the agreed gross total sum is due to secure the date. The deposit must be transferred within 7 days of signing the contract. If the deposit is not received on time, the Artist is entitled to release the date and withdraw from the contract by written notice, unless the Client pays the outstanding deposit immediately upon request.

4.3.2 If the contract is concluded 6 weeks or less before the event day, no deposit is required. The total amount is due according to § 4.3.3.

4.3.3 The final invoice is issued no later than 7 days after the event. The total amount (less any deposit) is to be transferred within 14 days of receiving the final invoice, without deduction. For events booked less than 14 days in advance, the entire amount is due within 3 working days of signing the contract.

4.3.4 Deposits made are credited against the final invoice. In case of cancellation or termination under § 8, the deposit is credited against cancellation fees. The same applies to terminations under § 4.4. Any surplus is refunded within 14 days.

4.4 Late Payment 

a) The Client automatically falls into default upon expiration of the respective payment deadline.

b) In case of payment default of more than 14 days, the Artist sends a written reminder and sets a grace period of 7 days.

c) Only after the unsuccessful expiration of this grace period is the Artist entitled to postpone or cancel the performance. In this case, the Client remains obligated to pay a compensation of 70% of the agreed gross total sum, less provably saved expenses such as travel costs. The deposit is credited against this amount pursuant to § 4.3.4.

d) The Artist is entitled to withhold performance until all due claims are fully settled. This does not apply if the Client proves that the delay was not due to their sphere (e.g., bank error).

5. BOOKING DEADLINE AND ACCOMMODATION

This section applies to external performances within the meaning of § 4.2.

5.1 The Artist commits to booking travel tickets and accommodation immediately after signing the contract, but at the latest 4 weeks before the event day.

5.2 The Artist books appropriate and safe accommodation (usually at least 3-star class or equivalent pension) for two consecutive nights (one night before and one night after the event day), unless otherwise agreed in writing. This ensures a smooth soundcheck and a safe departure. The accommodation is ideally located within a maximum of 30 km from the venue. If this is not possible, prior notification will be given.

5.3 The Artist informs the Client in writing (via email) of the estimated total costs for the two nights before booking. If these total costs exceed the following limit, the Artist obtains the Client’s explicit approval before booking:

The Client has 48 hours to confirm or propose a cheaper alternative. In case of rejection or failure to respond, the Artist books equivalent accommodation within the applicable limit.

5.4 For external performances, the actual accommodation costs corresponding to the standards and approval according to § 5.3 are reimbursed by the Client.

6. CATERING

The Client provides the Artist with free catering (meals and drinks) during the entire duration of the performance on the event day. Minimum standard: One warm meal, unlimited water, and one non-alcoholic drink per Artist member actually present at the event per started 2 hours. For performances over 4 hours, additionally a snack. The Artist communicates special dietary needs (e.g., vegetarian, allergies) at least 1 week before the performance.

7. PERFORMANCE EXTENSION

7.1 The Client has the option to extend the performance. An extension must be agreed at least 1 hour before the scheduled end of the performance, directly on-site or via text message with the authorized contact person designated by the Client. The Client commits to designating an authorized contact person and a deputy (each with name and mobile number) in writing no later than signing the contract. Only these two individuals are authorized to make verbal agreements regarding performance extensions. Agreements with other persons (e.g., guests, staff) are not binding for the Artist.

7.2 The Artist is not obliged to agree to an extension if the deadline is not met or if they are not available.

7.3 For every started 15 minutes of extension: €50.00 gross. (Example: 16 minutes extension costs €100.00; 31 minutes extension costs €150.00.)

7.4 Compensation can be paid in cash on the event day (before leaving the venue) or via the final invoice (due within 14 days).

7.5 After the agreed time has elapsed, the Artist is entitled to end the performance.

8. CANCELLATION AND WITHDRAWAL

8.1 If the Client terminates the contract, the following cancellation fees apply. These represent a lump sum for damages incurred (lost fee, booked capacity). The Client can prove that no or lower damages occurred.

The right to reschedule may be exercised once to a replacement date within 12 months, provided this is communicated at least 14 days before the original event day. If a replacement date is agreed, cancellation fees are waived. After rescheduling, the cancellation fees are calculated anew based on the replacement date. In case of short-notice cancellation (less than 7 days), the right to reschedule is forfeited.

a.) Cancellation fees are to be transferred within 7 days of receipt of the cancellation notice.

b.) Deposits made are credited. If no deposit was made, the Client is obliged to pay the full cancellation fees immediately.

c.) If the Artist assigns the date to a third party, the cancellation fees are reduced by the amount the Artist earns from the replacement assignment.

8.2 If the Artist cancels without good cause, they refund all amounts already paid immediately and inform the Client early. Replacement booking is not guaranteed but attempted upon request.

8.3 The Artist is entitled to terminate the contract without notice if performance becomes impossible for the following reasons:

a) Illness or Injury: The Artist informs the Client immediately. The medical certificate must be submitted within 5 working days upon request. For bands, cancellation of an essential member applies if no adequate replacement exists. Substitution per § 3.7 takes precedence.

b) Force Majeure: Natural disasters, official bans, pandemics, severe weather warnings. (DWD warning level Red or higher)

c) Unforeseeable Obstacles: Traffic accidents, breakdowns on route, public transport strikes, irreparable equipment failure, or comparable circumstances objectively making performance impossible.

In cases a) to c), remuneration ceases and paid amounts are refunded immediately. Non-refundable travel costs are governed by § 8.5. Upon request, the Artist assists in finding a replacement, without legal obligation to do so.

8.4 Performance Disturbances

8.4.1 If the Artist arrives more than 15 minutes late without good cause, the Client is entitled to an appropriate reduction of the fee (max. 25%). In case of abandonment or total inability to perform, the Client is entitled to terminate the contract without notice.

8.4.2 If the Client violates essential duties (e.g., releasing the venue late by more than 30 minutes, insufficient power supply, catering not provided), the Artist is entitled to postpone or cancel the performance. In this case, the Artist is entitled to the full fee, and the Client is liable for damages incurred.

8.4.3 Defective performance exists if essential parts of the program are omitted without reason (e.g., an agreed requested song is not played). Subjective musical preferences do not constitute a defect. Since the Artist is not a cover artist, the non-performance of non-agreed cover songs does not constitute a defect.

8.5 Force Majeure and Weather-related Cancellation 

a) In the event of force majeure within the meaning of § 8.3 lit. b) (natural disasters, official bans, pandemics, extreme weather situations), the contract becomes void without either party having claims for damages against the other.

b) Amounts already paid are refunded in full. Non-refundable travel costs proven by the Artist (e.g., non-cancellable tickets) are borne 50% each by the Artist and the Client, but at most up to 15% of the agreed gross total sum.

c) The Artist commits to submitting proof of travel costs to the Client immediately.

d) For outdoor events without weather protection (tent, hall, etc.), the Artist reserves the right to cancel the performance or reschedule it to a replacement date in case of bad weather. Cancellation generally occurs up to 24 hours before the agreed performance. Decisive is a severe weather warning starting at DWD warning level Red for the venue or an objectively unreasonable weather situation (e.g., continuous rain, storm, extreme heat over 38°C, thunderstorms with lightning risk). In case of cancellation, a full refund of amounts already paid or rescheduling to a replacement date by mutual agreement takes place.

9. LIABILITY AND INSURANCE

9.1 Liability of the Artist 

a) The Artist is fully liable for damages resulting from injury to life, body, or health caused by a negligent act of the Artist or their vicarious agents.

b) The Artist is fully liable for damages resulting from intent or gross negligence of the Artist or their vicarious agents.

c) In case of slight negligence, the Artist is only liable for violation of essential contractual obligations (cardinal duties), i.e., those duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the client regularly relies (in particular the duty to be present on time, to perform, and to provide the agreed musical performance). Liability in this case is limited to the typically foreseeable, contract-typical damage.

d) Indirect damages, in particular lost profit, business interruption, or loss of earnings of the Client, are excluded unless they result from intent or gross negligence.

e) The above liability limitations apply correspondingly in favor of the Artist’s vicarious agents.

9.2 The Client is liable for damages they intentionally or negligently cause to the Artist’s equipment or the venue.

9.3 The Artist takes out public liability insurance. The Client is strongly recommended to take out event liability insurance.

9.4 Alcohol and Drug Consumption

9.4.1 The Artist commits to being sober during the performance. A violation entitles the Client to reduce the fee or, in case of significant impairment, to terminate the contract without notice.

9.4.2 The Client commits not to request or force the Artist to consume alcohol or drugs. A violation entitles the Artist to immediate termination without cancellation fees. The full fee remains due.

10. COPYRIGHT, IMAGE RIGHTS, AND GEMA

10.1 The Artist retains all copyright. The Client acquires no rights to intellectual property.

10.2 Photo and Audio Recordings by the Client Private Use: The Client may take photos/videos for private use (including personal social media posts without monetization). Commercial Use: Requires written consent of the Artist (e.g., advertising, sales, business profiles). Labeling: The Client is asked to tag/name the Artist upon publication. This is not a contractual obligation.

10.3 Upon the Client’s consent, the Artist may request their own depiction from the event photographer; costs are borne by the Artist.

10.4 Self-use by the Artist The Artist may use received photos for their professional self-presentation (website, social media), but not for commercial advertising by third parties.

10.5 GEMA and Copyrights 

a) The Artist holds all necessary rights to their own compositions. For private events without admission fees and not publicly accessible, GEMA registration is generally not required. However, this changes if cover songs are performed — in which case the Client must register with GEMA (see lit. b).

b) For all cover songs or foreign musical works (not composed by the Artist), the Client as organizer is responsible for GEMA registration and fee payment, regardless of whether the event is private or public.

c) The Artist provides a complete setlist at the latest 7 days before the performance and points out the obligation for GEMA registration in writing.

11. DATA PROTECTION AND CONFIDENTIALITY

11.1 The processing of personal data takes place in accordance with the Artist’s privacy policy available at https://stanley-rubyn.com/privacy-policy/.

11.2 Both parties commit to confidentiality.

11.3 For information on storage durations, please refer to the privacy policy according to § 11.1.

12. APPLICABLE LAW AND PLACE OF JURISDICTION

12.1 The law of Germany applies.

12.2 The place of jurisdiction is the Artist’s business seat, provided the Client is a merchant. For consumers, the statutory provisions apply (place of jurisdiction at the consumer’s residence).

13. FINAL PROVISIONS

13.1 Changes require written form. Exception: Performance extensions according to § 7.1.

13.2 The invalidity of a provision does not affect the validity of the remaining provisions.

NOTICE REGARDING RIGHT OF WITHDRAWAL

For contracts for musical performances on a specific event date, there is no right of withdrawal pursuant to § 312g Para. 2 No. 9 of the German Civil Code (BGB), as these are services in the field of entertainment/leisure activities to be performed at a specific point in time. The contractual right of cancellation according to §8 of these terms and conditions remains unaffected by this.

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