General Terms and Conditions
RiseUP Uniting People
Article 1 Definitions
Article 2 General
Article 3 Offers and quotations
Article 4 Conclusion of the agreement
Article 5 Implementation of the agreement
Article 6 Obligations of the client
Article 7 Rented materials
Article 8 Amendments to the agreement
Article 9 Familiarity with risks
Article 10 Prices
Article 11 Payment
Article 12 Reservation of ownership
Article 13 Joint and several liability
Article 14 Damage
Article 15 Event staff
Article 16 Cancellation
Article 17 Dissolution and suspension
Article 18 Liability
Article 19 Force majeure
Article 20 Complaints and expiration
Article 21 Confidentiality
Article 22 Intellectual property rights
Article 23 Final provisions
Article 1 Definitions
These general terms and conditions use the following definitions, unless explicitly stated otherwise or determined otherwise by the context:
1. RiseUP: the user of these general terms and conditions: RiseUP.
2. client: the counterparty of RiseUP;
3. agreement: the agreement concluded between RiseUP and the client;
4. event: an event organised by RiseUP, such as, but certainly not limited to, a business outing, party, or a gathering;
5. participant: the person participating in an event, as well as the person for whose benefit the event is organised;
Article 2 General
2.1 These general terms and conditions govern all agreements to which RiseUP has declared these general terms and conditions applicable, insofar as the parties have not expressly deviated from these general terms and conditions in writing.
2.2 These general terms and conditions also govern all agreements in which third parties are involved for the event.
2.3 The applicability of any purchase or other conditions of the client are explicitly rejected.
2.4 If one or more provisions of these general terms and conditions become invalid or are destroyed, the remaining provisions of these general terms and conditions will remain fully applicable.
If this is the case, the client and RiseUP will conduct negotiations to agree on new provisions to replace the invalid or destroyed provisions, in which the intent and scope of the original provision will be observed to the greatest possible extent.
Article 3 Offers and quotations
3.1 All offers are non-binding, unless they contain a period for acceptance. All information provided with an offer will merely be indicative and only be binding to RiseUP if this has been expressly indicated in writing.
3.2 RiseUP will not be bound to its offer in case of printing, typing, or programming errors in its catalogues, mailings, or on the website.
3.3 RiseUP will not be bound to the quotation if the acceptance deviates from the offer set out therein (on minor points). In this case, the agreement will not be concluded in accordance with said deviating acceptance, unless RiseUP indicates otherwise.
3.4 The client is responsible for the accuracy and completeness of the quantities, requirements, specifications, and other information provided to RiseUP by or on behalf of the client based on which RiseUP prepares its offer.
3.5 A composite sales quotation does not require RiseUP to implement a part of the contract at a corresponding part of the quoted price.
3.6 Offers or quotations do not apply automatically to future contracts.
3.7 Information, images, spoken statements, indications, and the like concerning offers and properties of goods (such as dimensions or weights) or services that are provided will be displayed, indicated, or made as accurately as possible. However, RiseUP does not guarantee that all offers, goods, and services comply fully with the provided information. Deviations cannot be grounds for compensation and/or dissolution.
Article 4 Conclusion of the agreement
4.1 Agreements and amendments thereto will take effect once the client has accepted these in writing by submitting a contract confirmation.
4.2 RiseUP will never be held to start with the implementation of the agreement before the client has returned a signed contract confirmation for approval to RiseUP.
Article 5 Implementation of the agreement
5.1 All obligations of RiseUP arising from the agreement are best-efforts commitments. RiseUP will conduct its work to the best of its ability as a careful professional. However, RiseUP cannot guarantee that any intended result will be achieved.
5.2 If and insofar as the proper implementation of the agreement requires, RiseUP has the right to have certain work carried out by third parties.
Article 6 Obligations of the client
6.1 The client will indemnify RiseUP against any claims by third parties which have suffered damage in relation to the implementation of the agreement which is attributable to the client or a participant.
6.2 RiseUP will only be required to (continue to) implement the agreement if the client has provided the data and information requested by RiseUP in the form and in the manner desired by RiseUP. Additional costs that have occurred because the client failed to (completely or properly) provide the requested data and information (on time) will be borne by the client.
6.3 The client is required to immediately inform RiseUP of any facts and circumstances which may be relevant to the implementation of the agreement.
6.4 The client can submit any dietary wishes to RiseUP up to one week before the start of the event.
6.5 If RiseUP must be perform work for one or more participants, the agreed fee will remain payable if the participant or participants in question fail to be present and remain at the agreed location at and during the agreed time.
6.6 If more participants attend the event than agreed with the client, all additional costs incurred by RiseUP as a result will be charged to the client.
6.7 RiseUP will honour any reasonable requests to perform the agreed work at another time as much as possible, but will never be required to do so. Any additional costs will be borne by the client.
6.8 The client is responsible for ensuring that RiseUP can make all necessary preparations at the location on time with free provision of the necessary facilities such as gas, water, electricity, and room, unless indicated otherwise in the agreement.
6.9 Insofar as the client has accepted to deliver certain materials and/or perform certain work in the context of the agreement, the client is responsible for ensuring that these deliveries and/or the work are completed on time. If this does not take place on time, the client will be liable.
6.10 The client is required to take out an insurance to cover all risks associated with the work which the client carries out in the context of the agreement. The client is at least required to take out a regular Company Third Party Liability Insurance. The client must ensure that this insurance also covers the employees of RiseUP who implement the agreement and the goods made available by RiseUP. The client is required to make the relevant policies available to RiseUP at its first request.
6.11 The client declares to be fully familiar with the performances of the artist, as well as the type or nature of the contracted work.
6.12 The client is responsible for the availability of the music licences and other permits required by the government with respect to the performance.
Article 7 Rented materials
7.1 The following applies with respect to materials rented to the client:
1. the materials will be fully for the risk of the client from the moment it has accepted their delivery;
2. the client must pay the acquisition value of the materials in case of loss, breakage, damage, theft, or embezzlement.
7.2 The client may not rent the materials to other parties, offer them for sale, sell them, transfer them, encumber them, or dispose of them in any other way.
7.3 The client may not make changes to the rented materials.
7.4 The client will behave, use, and maintain the rented materials as a good renter.
7.5 In case of damage to or loss of the rented materials, the client is required to inform RiseUP as soon as possible and subsequently observe the instructions given by RiseUP. Costs incurred as a result of the failure to observe these instructions will be borne by the client.
7.6 RiseUP will not be liable for damage vis-à-vis the client, including material damage, personal injury, and operational damage, caused by or as a result of the performance, the operation, or the use of the rented materials.
7.7 During the rental period, all risks of the rented materials, including the risk of theft, embezzlement, or loss, will be borne by the client, even if the client is not attributable in this respect.
Article 8 Amendments to the agreement
8.1 If work must be amended or supplemented to ensure proper the implementation of the agreement, the parties will discuss any amendments to the agreement in a timely manner.
8.2 If the parties agree that the agreement must be amended or supplemented, the date of completion of the implementation can be affected. RiseUP will inform the client of this as soon as possible.
8.3 RiseUP will inform the client in advance if the amendment or supplement to the agreement has financial and/or qualitative consequences.
8.4 By way of deviation from Article 3 of this article, RiseUP will not have the right to charge additional fees if the amendment or supplement is the result of circumstances attributable to RiseUP.
Article 9 Familiarity with risks
If RiseUP organises an event in the context of the agreement, the client declares to have studied the impact and risks of the event which all participants will attend, to have informed RiseUP of all relevant medical and/or physical particularities of all participants for whom this agreement is concluded, and to consider the participants able to participate in the event in terms of health and fitness without posing a risk to themselves or others.
Article 10 Prices
10.1 The prices listed for the offered products are in Euro and include VAT and may include transport costs, installation costs, and government levies.
10.2 If the cost price of RiseUP is increased as a result of interim changes to turnover tax, social security contributions, wage taxes, or other government levies, or as a result of price changes of third parties, RiseUP will have the right to charge these changes to the client.
Article 11 Payment
11.1 RiseUP has the right to only accept contracts subject to the condition that the client pays the invoice amount or part thereof in advance, or that the client provides a form of security, in which case the client will be informed accordingly. If the client fails to pay the advance, this will be considered a termination of the agreement without further notice being required, and the conditions set out in Article 16 will apply.
11.2 Delays in the implementation of an agreement caused by overdue payment by the client will always be for the risk of the client.
11.3 Payment must take place within 14 days of the invoice date in a manner indicated by RiseUP and in the currency of the invoice.
11.4 If the client continues to fail to complete the payment within the stipulated payment period, the client will be in default by operation of law. The client will then owe the statutory interest. The interest on the amount due will be charged from the day the client is in default until the moment of payment of the full amount owed. If the client still fails to pay the claim after a reminder and notice of default, RiseUP may assign this claim to a third party, in which case the client will be obliged to pay all judicial and extrajudicial costs in addition to the total amount due and the statutory interest.
11.5 The claims of RiseUP on the client will be immediately due and payable in case of liquidation, bankruptcy, attachment, or suspension of payments of the client.
Article 12 Reservation of ownership
12.1 All products and services delivered by RiseUP, including designs, sketches, drawings, (electronic) files, video recordings, photographs and the like will remain the property of RiseUP until the client has met all obligations pursuant to the agreement concluded with RiseUP.
12.2 The client does not have the right to pledge or in any other way encumber goods delivered subject to this reservation of ownership.
12.3 The client will be required to immediately inform the RiseUP should any third party levy attachment or wish to establish or assert any right on the goods delivered under reservation of ownership.
Article 13 Joint and several liability
The client booking the event on behalf of other participants will be jointly and severally liable for all others he signs up.
Article 14 Damage
The client is responsible for the actions of participants. Costs arising from damage and/or destruction caused by participants will be paid by the client insofar as these cannot be recovered from the perpetrator(s).
Article 15 Event staff
15.1 The participants are required to observe the instructions of the event staff (of both RiseUP and third parties hired by RiseUP) throughout the event.
15.2 If a participant demonstrates physical or mental issues during the event, demonstrates misconduct, or is or may be responsible for nuisance or obstruction in any other manner, the participant can be excluded from further participation. The agreed fee will remain due in full in this case, without prejudice to the right of RiseUP to claim compensation for possible damage.
Article 16 Cancellation
16.1 Cancellation must always take place as a written letter or email. The date of the email or mail stamp will be used to calculate the cancellation period.
16.2 If an agreement is cancelled, the client will owe cancellation costs in addition to any due reservation costs. In this respect, RiseUP will charge the following costs for the cancellation of event organised by it:
1. in case of cancellation up to 12 months before the agreed effective date of the event: 10% of the invoiced amount;
2. in case of cancellation between 12 months to 6 months before the agreed effective date of the event: 50% of the invoiced amount;
3. in case of cancellation between 1 month to 2 weeks before the agreed effective date of the event: 90% of the invoiced amount;
4. in case of cancellation later than 4 months before the agreed effective date of the event: 100% of the invoiced amount;
16.3 If the actual costs of RiseUP due to the cancellation exceed the cancellation costs set out in paragraph 2 of this article, these additional costs may be charged.
Article 17 Dissolution and suspension
17.1 RiseUP has the right to dissolve the agreement if the client does not or not fully comply with the obligations of the agreement.
17.2 RiseUP has the right to suspend the fulfilment of the obligations if:
1. RiseUP learns of circumstances – after the conclusion of the agreement – that give reason to fear that the client will not fulfil its obligations. If there are reasonable grounds to fear that the client will only partially or improperly comply with its obligations, suspension will only be allowed to the extent the shortcoming justifies it;
2. the client has been requested to provide security for the fulfilment of its obligations upon the conclusion of the agreement and this security has not been given or is insufficient.
17.3 RiseUP has the right to terminate the agreement if the client requests or is granted suspension of payment, or if the client is declared bankrupt or applies for bankruptcy, or if the client is unable to pay its debts, terminates or liquidates its business, is placed under guardianship, or if an administrator or liquidator is appointed.
17.4 RiseUP will also have the right to dissolve the agreement if circumstances arise that make the implementation of the agreement impossible, or if its implementation can no longer in all reasonableness and fairness be expected, or if other circumstances mean that unaltered continuation of the agreement can no longer reasonably be expected.
Article 18 Liability
18.1 RiseUP cannot be held to pay compensation for any damage which is a direct or indirect result of:
1. an event that is beyond its control and thus cannot be attributed to it, as defined in Article 19 of these general terms and conditions;
2. any act or omission of the client, its subordinates, or other persons who perform work for or on behalf of the client.
18.2 RiseUP will not be liable for damage of any nature whatsoever resulting from inaccurate and/or incomplete information provided by the client, unless RiseUP knew or reasonably should have known about such inaccuracy or incompleteness.
18.3 All participant will voluntarily participate in events organised by RiseUP. All participants will be personally liable for all damage caused to themselves or third parties during the events. Participants who consider themselves unable to participate in specific activities must report this to the relevant event staff. Participants with health issues must report this to the relevant event staff. Participating in event will be solely at the risk of the participant.
18.4 The participant must always observe the safety instructions, rules, and regulations given by the staff event. If the participant refuses to observe the instructions, the participant and the client will be responsible for any damage which arises from this.
18.5 RiseUP will never be liable for indirect damage, including consequential damage, loss of revenue or profits, lost savings, and damage due to business interruptions.
18.6 If RiseUP is liable, this liability will be limited to twice the invoice amount, or to that part of the contract to which the liability relates. The liability will always be limited to the corresponding amount of financial compensation paid by the insurer of RiseUP.
18.7 The limitations of liability set out in these general terms and conditions will not apply if the damage is due to intent or gross negligence of RiseUP or its subordinates.
Article 19 Force majeure
19.1 The parties will not be required to meet any obligation if they are hindered by a circumstance not caused by negligence and these circumstances cannot be attributed to them under law, a legal action, or generally accepted standards.
19.2 If an event indicated in paragraph 1 of this article occurs, RiseUP will not be required to pay compensation for any direct or indirect damage, but it will also be relieved from its obligation to carry out the delivery or the agreed work. It will depend on the circumstances of the case whether RiseUP will be partially or fully relieved from its obligation, or if this the implementation will only be suspended. RiseUP and the client will be required to make use of any opportunity to carry out the delivery, possibly in a modified manner, and adjust the prices paid by the client accordingly.
19.3 The parties may suspend the obligations under the agreement during the period of force majeure. If this period lasts for more than 2 months, each party will be entitled to terminate the agreement without any obligation to pay compensation to the other party.
19.4 Insofar as RiseUP has already partially met or will meet its obligations at the time the force majeure occurred, and the obligations that have been or will be met have an independent value, RiseUP has the right to invoice the already met or to be met obligations separately. The client must pay this invoice as if it were a separate agreement.
Article 20 Complaints and expiration
20.1 The client must immediately check any food and/or drinks upon their delivery and immediately report any complaints to RiseUP to give RiseUP the opportunity to verify the validity of the complaint and, if possible, resolve it.
20.2 If RiseUP is unable to verify the validity of a complaint about taste because the food and/or drinks have already been consumed by the client, the complaint will not be handled and the client will not be entitled to compensation.
20.3 Complaints about the event organised by RiseUP must be submitted to RiseUP in writing with 7 days of the end of the event.
20.4 All claims vis-à-vis RiseUP that have not been submitted to RiseUP within 1 year of their occurrence will expire after this period.
Article 21 Confidentiality
21.1 Both parties are required to observe the confidentiality of all confidential information obtained from each other or another source in the context of the agreement. Information is confidential if this has been indicated by the other party, or if this follows from the nature of the information. The party receiving confidential information will only use it for the purpose for which it has been provided.
21.2 If, pursuant to a statutory provision or a court order, RiseUP is required to disclose confidential information to a third party designated by law or the designated competent court and RiseUP cannot invoke a duty of confidentiality, RiseUP will not be liable for damage or compensation to the client, and the client will not be entitled to terminate the agreement based on any resulting damages.
Article 22 Intellectual property rights
22.1 All documents provided by RiseUP, such as reports, advice, agreements, designs, sketches, drawings, software, video, photos, media and the like are only intended to be used by the client and will not, without prior written permission of RiseUP, be reproduced, made public, or disclosed to third parties, unless the nature of the documents requires otherwise.
22.2 No audio and video recordings may be made of the performance without the written permission of RiseUP.
22.3 Unless agreed otherwise, the costs associated with music copyrights will be borne by the client.
22.4 By giving an order to disclose or copy objects provided by or on behalf of the client that are protected by the Dutch Copyright Act or any other statutory scheme in the field of intellectual property, the client declares that this does not infringe on any statutory regulations and protected rights of third parties, and indemnifies RiseUP for claims by third parties or for the direct and indirect consequences, both financial and otherwise, arising from the disclosure or copying.
Article 23 Final provisions
23.1 RiseUP has the right to use the provided services for its own marketing, advertising, and promotional purposes.
23.2 The version of the general terms and conditions in effect at the time of the conclusion of the agreement will always apply, unless the client has accepted a revised version of the general terms and conditions after the conclusion of the agreement.
23.3 The parties will only bring a dispute before the court if they have made every effort to settle a dispute in mutual consultation.
23.4 All agreements between RiseUP and the client will be governed by the laws of the Netherlands.
23.5 All disputes related to agreements between the client and RiseUP will be submitted to the competent court in the district where RiseUP is established.
