Terms And Conditions

Table of contents

1. Scope and Contracting Parties

These General Terms and Conditions (hereinafter „AGB“) 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“).

These AGB regulate the booking of musical performances for private events (e.g., weddings, birthday parties, company anniversaries) as well as public events (e.g., concerts, 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.

 

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

 

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.

 

2.2 Contract Process 

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

 

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

 

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

 

2.5 Overview of Deadlines for Planning Security Unless 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 deputies 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 (requested songs).
  • Artist books travel and accommodation; Client receives information on estimated accommodation costs (if the limit is exceeded: 48-hour approval period).

 

At the latest 14 days before the event day:

  • Last date for cost-free rescheduling by the Client (after this, cancellation fees apply 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 the complete setlist and points out the GEMA registration obligation in writing.

 

Up to 24 hours before the performance (outdoor events only):

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

 

On the event day:

  • The 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 term 14 days.

 

In case of cancellation by the Client: Cancellation fees are tiered as follows:

 

  • 28 days prior: 20%

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

 

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

 

3. Scope of Services and Technical Requirements

3.1 Service 

The Artist commits to providing 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 Requested Songs 

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 maximum 1 to 2 pieces per event. These must be communicated at least 4 weeks before the date. The Artist reservesthe right to reject requested songs if they do not match their style or are technically unfeasible.

 

3.3 Attendance Obligation 

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 Technical Requirements by the Client 

The Client must ensure 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 the Artist’s entire equipment. The power bank carried by the Artist serves only as a backup for short interruptions.
  • Adequate lighting for the musician (unless provided by the organizer).
  • Protection of equipment from weather influences (for outdoor events) and unauthorized access.

 

For Outdoor Events: 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 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 any travel costs not incurred. If the performance is resumed after the supply is restored, 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 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 Delay by the Client 

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.

 

4. Fees and Payment Terms

4.1 Fee Structure The fee consists of the artistic performance, working time (including travel/soundcheck), operating costs, requested songs (if agreed), and an appropriate margin. 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 Deposit for Long-term Booking (> 6 Weeks) 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 made on time, the date is not reserved.

 

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 required. The total amount is due according to § 4.3.3.

 

4.3.3 Due Date of Balance 

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

 

Exception for Short-term Booking: 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 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.

 

4.4 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 a written reminder and sets a grace period of 7 days.

 

  1. 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 85% of the agreed gross total sum (less provably saved expenses such as travel costs). 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

5.1 Booking Deadline 

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 Accommodation Duration and Standard 

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 Cost Control and Approval 

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:

 

  • 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 objection within this period, approval is deemed granted. Rejection: If the Client rejects the price, the Artist commits to finding an equivalent accommodation that meets the agreed limit.

 

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 drinks) 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 meal must be provided. Alcoholic beverages are not part of the catering unless agreed separately.

 

Concrete Minimum Standards: One warm meal (either from the guest menu or an equivalent dish by agreement), unlimited water, and one non-alcoholic drink 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 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 Compensation for Extension 

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 Billing 

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 Cancellation by the Client 

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.

 

  • More than 28 days (4 weeks) prior: 20% of the gross total sum.
  • 21 to 27 days prior: 40% of the gross total sum.
  • 14 to 20 days prior: 60% of the gross total sum.
  • 7 to 13 days prior: 80% of the gross total sum.
  • Less than 7 days prior or on the event day: 100% of the gross total sum.

 

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

 

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

 

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

 

Mitigation of Damages: 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 Cancellation by the Artist without Good Cause 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 Justified Cancellation by the Artist 

The Artist is entitled to terminate the contract without notice if performance becomes 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 vocals, lead instrument) is sufficient if no adequate replacement is available.

 

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

 

  1. c) Unreasonable Obstacles:Particularly traffic accidents or breakdowns on the way, strikes in public transport, sudden and irreparable equipment failure that cannot be remedied by reasonable replacement procurement, and other unforeseeable and unblamed circumstances that objectively make performance impossible.

 

In cases a) to c), the obligation to pay remuneration ceases. 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 finding a replacement artist, without this creating a legal claim.

 

8.4 Performance Disturbances

8.4.1 Delay or Defective Performance by the Artist 

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

 

8.4.2 Breach of Duty by the Client 

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 Definition of Defective Performance 

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 

  1. a) Force Majeure: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.

 

  1. b) Cost Sharing for Travel Costs: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.

 

  1. c) Proof Obligation:The Artist commits to submitting proof of travel costs to the Client immediately.

 

  1. d) Weather-related Cancellation for Outdoor Events: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.

 

  1. e) Relation 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 resulting from injury to life, body, or health caused by a negligent act of the Artist or their vicarious agents.

 

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

 

  1. 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.

 

 

  1. 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 Liability of the Client 

The Client is liable for damages they intentionally or negligently cause 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 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 Duties of the Client 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 Photo Material from Photographer The Artist may request photos from the event photographer (only their own depiction) with the Client’s consent. 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 

  1. a) Original Works of the Artist: The Artist confirms that they hold the necessary usage rights to their own compositions. For Private Events: If no admission fees are charged 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 the organizer, is obliged to register the performance of the Artist’s original works with GEMA and pay the corresponding fees if required by law (e.g., if admission fees are charged or for 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 the organizer is responsible for GEMA registration and payment of fees in all cases (private or public).

 

  1. 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 the Client’s request, the Artist handles the GEMA registration for a surcharge of €50.00 on the agreed fee. In this case, the Artist is responsible for timely and correct registration and payment of GEMA fees. The actual GEMA fees are to be reimbursed by the Client additionally and are listed separately in the final invoice.

 

  1. d) Liability:If the Artist does not handle the GEMA registration, the Client is solely liable for correct registration. If the Artist omits the written notice of the registration obligation according to paragraph c) sentence 1, they are liable for resulting GEMA fines proportionally (max. 50%), provided the Client proves they were unaware of the obligation. If the Artist handles the GEMA registration, they are liable for late or incorrect registrations.

 

11. Data Protection and Confidentiality

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

 

11.2 Both parties commit to confidentiality.

 

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

 

12. Applicable Law and Place of 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 commit to replacing an invalid provision with a valid one that comes closest to the economic purpose.

 

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 AGB remains unaffected by this.

WordPress Cookie Plugin by Real Cookie Banner