1. Scope and Contracting Parties

1.1 These General Terms and Conditions (hereinafter „GTC“) apply to all booking contracts between the artist (hereinafter „Artist“ — this includes both solo artists and bands) (Stanley Okoro (aka Stanley Rubyn), Petersburger Str. 39, 10249 Berlin, Germany) and the client (hereinafter „Client“ or „You“).

1.2 These GTC regulate the booking of musical performances for private events (e.g., weddings, birthday celebrations, company anniversaries) as well as public events (e.g., concerts, festivals). The booking may relate to a solo artist or a live band.

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

1.4 A consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity.

2. Contract Conclusion and Offer

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.

2.2 Contract Process

The Client submits a non-binding inquiry to the Artist (e.g., by email, contact form, or telephone). The Artist responds to the inquiry and discusses the details with the Client. This can take place within the framework of an introductory call (by phone or video call) or by email. An introductory call is optional and at the Client’s request. Based on this, the Artist creates an individual offer containing date, time, location, type of performance, and the agreed fee. A binding contract is concluded when the Client accepts the offer and the Artist subsequently sends a written booking confirmation (by email).

2.3 The contract is concluded by mutual signature. The signed contract must be returned to the Artist by the date stated in the booking confirmation. If a deposit is agreed, the date is only reserved upon timely receipt of the deposit.

2.4 Changes and additions to the contract require written form. This also applies to the waiver of written form. Exception: Performance extensions according to Section 7.1 can also be agreed verbally or by short message (WhatsApp/SMS).

2.5 Overview of Deadlines for Planning Security

Provided the contract is concluded at least 4 weeks before the event day, the following deadlines apply:

Upon Contract Conclusion:

• Deposit due (if agreed: 30% within 7 days); Client names authorized contact persons and substitutes for the event day.
• For bookings less than 14 days before the event: Total amount due within 3 working days.

At the Latest 4 Weeks Before the Event Day:

• Client communicates special wishes (desired songs).
• Artist books travel and accommodation; Client receives information about estimated accommodation costs (if threshold exceeded: 48-hour approval period).

At the Latest 14 Days Before the Event Day:

• Last date for cost-free rescheduling by the Client (afterwards cancellation fees according to § 8.1).

At the Latest 7 Days Before the Event Day:

• Client confirms technical requirements on-site and catering.
• Artist communicates special dietary needs (e.g., allergies, vegetarian).
• Artist provides complete setlist and points out GEMA registration requirement in writing.

Up to 24 Hours Before the Performance (Outdoor Events Only):

• The Artist may cancel the performance or reschedule to a substitute date in case of severe weather warning (DWD warning level red) or unreasonable weather conditions.

On the Event Day:

• Artist arrives at the venue at the latest 60 minutes before the start of the performance.
• Performance extension is agreed at least 1 hour before the planned end.

After the Event:

• Invoicing by the Artist; payment period 14 days.

In Case of Cancellation by the Client: Cancellation fees are tiered:

• 28 days in advance: 20%
• 21–27 days: 40%
• 14–20 days: 60%
• 7–13 days: 80%
• Less than 7 days: 100%

Cancellation fees are due within 7 days after receipt of the cancellation.

3. Scope of Performance and Technical Requirements

3.1 Performance

The Artist undertakes to provide the agreed musical performance on the agreed day, at the agreed time, and at the agreed location. The exact duration (including breaks) is stated in the booking confirmation.

3.2 Repertoire and Desired Songs

The musical repertoire is based on the Artist’s abilities and the agreed style. Special wishes (e.g., specific songs) should be communicated at least 4 weeks before the appointment. The Artist reserves the right to reject special wishes if they do not correspond to their style or are technically not feasible.

3.3 Attendance Obligation

The Artist undertakes to arrive at the venue at the latest 60 minutes before the start of the performance to carry out setup and soundcheck.

3.4 Technical Requirements by the Client

The Client must ensure that the following conditions are met at the venue: A dry, level, and safe performance area (stage or space) with sufficient distance from the audience.

A reliable and continuous power supply (230V) for all of the Artist’s equipment. The power bank carried by the Artist serves only as a backup for short interruptions.

Sufficient lighting for the musician (unless provided by the organizer).

Protection of the equipment from weather influences (for outdoor performances) and unauthorized access.

For Outdoor Performances: Protection from rain and extreme weather conditions (tent or hall).

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 terminate the performance. In this case, the Artist is entitled to 70% of the agreed fee (as compensation for attendance and loss of time), less travel costs not incurred. If the performance is continued after restoration of the supply, the Artist is entitled to the full fee.

3.5 Own Equipment

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

3.6 Delay by the Client

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

4. Fee and Payment Terms

4.1 Fee Structure

The fee consists of artistic performance, working time (including travel/soundcheck), operating costs, desired songs (if agreed), and an appropriate margin. All prices are plus statutory value-added tax.

4.2 Travel and Accommodation Costs

Local Performances: Local performances are events located within the city limits of Berlin or within a radius of maximum 30 km from Berlin-Mitte. Within this radius, all travel costs (travel, toll, parking) as well as 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 according to actual costs.

4.3 Deposit and Payment Modalities

4.3.1 Deposit for Long-Term Booking (> 6 Weeks)

If the contract is concluded more than 6 weeks before the event day, a deposit in the amount of 30% of the agreed gross total sum is due to secure the date. The deposit is to be transferred within 7 days after contract signing. If the deposit is not made on time, the date is not reserved bindingly.

4.3.2 No Deposit for Short-Term Booking (≤ 6 Weeks)

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

4.3.3 Due Date of Remaining Amount

The total amount (less any deposit) is to be transferred within 14 days without deduction after receipt of the final invoice.

Exception for Short-Term Booking: For events booked less than 14 days in advance, the entire amount is due within 3 working days after contract signing.

4.3.4 Credit and Refund

Deposits made are credited against the final invoice. In case of cancellation, the deposit is credited against cancellation fees. Any surplus is refunded within 14 days.

4.5 Late Payment

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

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

1. c) Only after the fruitless expiration of this grace period is the Artist entitled to postpone or cancel the performance. In this case, the Client remains obliged to pay 85%of the agreed gross total sum (less demonstrably saved expenses such as travel costs).

1. d) The Artist is entitled to withhold the provision of the service until complete settlement of all due claims. This does not apply if the Client proves that the default is not based in their sphere (e.g., bank error).

5. Booking Period and Accommodation

5.1 Booking Period 

The Artist undertakes to book travel tickets and accommodation immediately after contract conclusion, at the latest however 4 weeks before the event day.

5.2 Accommodation Duration and Standard

The Artist books appropriate and safe accommodation (usually at least 3-star class or equivalent guesthouse) for two consecutive nights (one night before and one night after the event day), unless something else is agreed in writing. This serves to ensure a smooth soundcheck as well as safe departure. The accommodation is ideally located maximum 30 km from the venue. If this is not possible, prior information is provided.

5.3 Cost Control and Approval

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

Solo Artist: €380.00

Artist with Live Band: €500.00

Approval: The Client confirms the costs or suggests a cheaper alternative.

Deadline: The Client has 48 hours to respond.

Tacit Approval: Without counter-statement within this deadline, approval is deemed granted.

Rejection: If the Client rejects the price, the Artist undertakes to find equivalent accommodation that meets the agreed threshold.

5.4 Cost Reimbursement 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 beverages) during the entire duration of the performance on the event day. The minimum standards for this are regulated in the following paragraph.

For performances lasting longer than 4 hours, an additional small snack or another warm course is to be provided. Alcoholic beverages are not part of the catering unless separately agreed.

Concrete Minimum Standards: A warm meal (either from the guest menu or an equivalent dish by agreement), unlimited water, and one non-alcoholic beverage per artist member per started 2 hours. For performances over 4 hours additionally a snack (e.g., sandwiches, fruit, sweets). 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 planned end directly on-site or by short message to the authorized contact person named by the Client. The Client undertakes to name an authorized contact person and a substitute (each name and mobile number) in writing at the latest upon contract signing. Only these two persons are authorized to make verbal agreements about a performance extension. 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 in terms of time.

7.3 Compensation for Extension

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

7.4 Settlement The compensation can be paid in cash on the event day (before leaving the location) or via the final invoice (due within 14 days).

7.5 After the expiration of the agreed time, the Artist is entitled to end the performance.

8. Cancellation and Termination

8.1 Cancellation by the Client If the Client terminates the contract, the following cancellation fees apply. These represent a lump sum for the damage incurred (lost fee, bound capacity). The Client can prove that no or lesser damage occurred.

• More than 28 days (4 weeks) in advance: 20% of the gross total sum.
• 21 to 27 days in advance: 40% of the gross total sum.
• 14 to 20 days in advance: 60% of the gross total sum.
• 7 to 13 days in advance: 80% of the gross total sum.

Less than 7 days in advance or on the event day: 100% of the gross total sum.

Rescheduling Right: The Client has the right to reschedule the date once to a substitute date within 12 months, provided this is communicated to the Artist at least 14 days before the original event day. In case of successful rescheduling, the cancellation fees are waived. In case of short-notice cancellation (less than 7 days), the rescheduling right is waived.

Due Date: Cancellation fees are to be transferred within 7 days after receipt of the cancellation.

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

Damage Mitigation: If the Artist assigns the date to a third party elsewhere, the cancellation fees are reduced by the amount the Artist earns through the substitute assignment.

8.2 Cancellation by the Artist Without Important Reason If the Artist terminates without important reason, they refund all amounts already paid immediately and inform the Client early. Replacement procurement is not guaranteed, but attempted upon request.

8.3 Justified Cancellation by the Artist The Artist is entitled to terminate the contract without notice if performance is unreasonable or impossible for the following reasons:

1. a) Illness or Injury:The Artist informs the Client immediately and submits a medical certificate within 5 working days upon request. For bands, the cancellation of a member essential for the performance (e.g., lead singer, lead instrument) is sufficient, provided no adequate replacement is available.

1. b) Force Majeure:Natural disasters, official prohibitions, pandemics, extensive severe weather warnings (warning level red or higher of the DWD for the venue).

1. c) Unreasonable Obstacles:Particularly traffic accident or breakdown on the way, strike in public local and long-distance transport, sudden and irreparable failure of equipment that cannot be remedied by reasonable replacement procurement, and other unforeseeable and unculpable circumstances that objectively make performance impossible.

In cases a) to c), the obligation to pay compensation is waived. Amounts already paid are refunded immediately. The treatment of non-refundable travel costs is governed by § 8.5. The Artist is obliged to inform the Client as early as possible and, upon request, assist in procuring a substitute artist, without this creating a legal claim.

8.4 Performance Disturbances

8.4.1 Delay or Defective Performance by the Artist

If the Artist appears more than 15 minutes late without justified reason, the Client is entitled to an appropriate reduction of the fee (proportional to the missed time, max. 25%). In case of termination or complete inability to perform, the Client is entitled to terminate without notice.

8.4.2 Breach of Obligations by the Client

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

8.4.3 Definition of Defective Performance

Defective performance exists if essential parts of the program are omitted without reason (e.g., desired song is not played). Subjective musical preferences do not constitute a defect.

8.5 Force Majeure and Weather-Related Cancellation

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

1. b) Cost Sharing for Travel Costs:Amounts already paid are fully refunded. Non-refundable travel costs that the Artist proves (e.g., non-cancellable tickets) are borne 50% each by Artist and Client, but at most up to 15% of the agreed gross total sum.

1. c) Proof Obligation:The Artist undertakes to transmit the proofs for the travel costs to the Client immediately.

1. d) Weather-Related Cancellation for Outdoor Performances:For outdoor performances without weather-protected area (tent, hall, or similar), the Artist reserves the right to cancel the performance or reschedule to a substitute date in case of bad weather. Cancellation is generally made up to 24 hours before the agreed performance. Decisive is a severe weather warning from warning level red of the German Weather Service (DWD) for the venue or an objectively unreasonable weather situation (e.g., prolonged rain, storm, extreme heat over 38°C, thunderstorm with lightning danger). In case of cancellation, a full refund of amounts already paid or rescheduling to a substitute date by mutual agreement occurs.

8. e) Relationship to § 8.3:The above regulations supplement § 8.3 lit. b). Otherwise, the general regulations for justified cancellation by the Artist (§ 8.3) remain unaffected.

9. Liability and Insurance

9.1 Liability of the Artist

1. a) The Artist is fully liable for damages from injury to life, body, or health based on a wrongful act of the Artist or their vicarious agents.

1. b) The Artist is fully liable for damages based on intent or gross negligence of the Artist or their vicarious agents.

1. c) In case of slight negligence, the Artist is liable only in case of violation of essential contractual obligations (cardinal obligations), i.e., those obligations whose fulfillment makes proper contract execution possible in the first place and on whose compliance the Client can regularly rely (particularly the obligation 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.

1. d) Indirect damages, particularly lost profit, business interruption, or loss of earnings of the Client, are excluded insofar as they are not based on intent or gross negligence.

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

9.2 Liability of the Client

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

9.3 Insurance

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 Sobriety Obligation

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

9.4.2 Obligations of the Client

The Client undertakes not to request or compel the Artist to consume alcohol or drugs. A violation entitles the Artist to immediate termination without cancellation fees. The full fee remains.

10. Copyright, Image Rights and GEMA

10.1 The Artist retains all copyrights. 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 Photo Material from Photographer

The Artist may request photos from the event photographer with the Client’s consent (own depiction only). 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 of third parties.

10.5 GEMA and Copyrights

1. a) Original Works of the Artist:The Artist confirms that they have the necessary usage rights to their own compositions.

For Private Events: Provided no admission fees are collected and the event is not publicly accessible, GEMA fees for the performance of original works usually do not apply.

For Public Events: The Client as organizer is obliged to register the performance of original works of the Artist with GEMA and pay the corresponding fees, if required by law (e.g., with admission fees or commercial character).

1. b) Cover Songs and Foreign Musical Works:For the performance of cover songs or foreign musical works (not composed by the Artist), the Client as organizer is responsible for GEMA registration and payment of fees in every case (private or public).

50. c) Support and GEMA Assumption:The Artist provides the Client with a complete setlist at the latest 7 days before the performanceand points out the obligation for GEMA registration in writing. Upon request of the Client, the Artist takes over the GEMA registration against a surcharge of €50.00 on the agreed fee. In this case, the Artist is responsible for timely and correct registration as well as payment of GEMA fees. The actual GEMA fees are additionally reimbursed by the Client and are shown separately in the final invoice.

1. d) Liability:If the Artist does not take over the GEMA registration, the Client is solely liable for correct registration. If the Artist omits the written notice about the registration obligation according to paragraph

1. c) sentence 1, they are liable proportionally for resulting GEMA fines (max. 50%), provided the Client proves they had no knowledge of the obligation. If the Artist takes over the GEMA registration, they are liable for late or faulty registrations.

11. Data Protection and Confidentiality

11.1 The processing of personal data is carried out in accordance with the Artist’s privacy policy at: https://stanley-rubyn.com/datenschutzhinweis/.

11.2 Both parties undertake confidentiality.

11.3 Data is deleted after expiration of the statutory retention periods (usually 3 years).

12. Applicable Law and Jurisdiction

12.1 The law of the Federal Republic 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. The parties undertake to replace an invalid provision with a valid one that comes closest to the economic purpose.

14. Notice Regarding Right of Withdrawal

For contracts for musical performances at a specific event date, there is no right of withdrawal according to § 312g Para. 2 No. 9 BGB, as these are services in the area of entertainment/leisure activities that are to be provided at a specific point in time. The contractual cancellation right according to § 8 GTC remains unaffected by this.