Artist Performance Agreement
- 1 Scope of Contract
(1) Following a selection and preparation phase (§ 2), the Artist will perform a DJ show at the HOER Studio in Berlin (§ 3 The Show) and grant HOER certain rights on the performance (§4 Right of Use). HOER will market the artist’s performance (§ 5 HOER promotional services).
(2) With completing the booking form, the artist can apply for a show. The application is subject to confirmation. HOER retains the right to reject applications without giving a reason. By completing the application form, the artist will provide the following information and confirmations:
- Artist’s Name
- Proposed show time and Date
- Tech Preferences and special requests
- Link to the artist’s Instagram account
- Upload of one or two images (Only images to which the artist holds the rights may be uploaded. The artist exempts HOER from any third-party claims. The artist permits HOER to use the images free of charge for the purpose of advertising the performance).
- 2 Before the show – selection and preparation phase
(1) Once HOER and the Artist have agreed on a show, HOER sends the artist a confirmation via email consisting of a show picture request, instructions, regulations, notes, etc.
(2) The artist sends HOER a show picture via email. This picture may be used by HOER for The artist page on HOER’s website, and for promoting the show on HOER’s social media channels and website. The artist grants HOER a free, non-exclusive right to use the image for the purpose described, with no restrictions in terms of space, time or content. The author is not named. The artist grants a royalty-free image. The artist must have sufficient rights on the picture and its use (in particular the right to disseminate through public access on the internet and to use in a streaming format) and releases HOER from all third-party claims for the use of the image.
(3) HOER will prepare the artist’s artwork. The Artwork is used for promoting the show on HOER’s social media channels and website
- 3 The Show
(1) The artists come to the studio in Berlin for their show. Details will be provided for the artists before the show.
(2) Unless otherwise agreed, the artist bears his own costs (particularly travel expenses, etc.).
(3) During the show in the HOER studio, the artist will treat HOER’s technical equipment with care and follow the instructions of the HOER staff. During the performance, the artist must adhere to the agreed setting (§ 1 Para. 2).
- 4 Right of Use
(1) The artist grants HOER the unlimited, exclusive and transferable right to use, publish, utilize, copy, sell, or use in any other way the performance and its components without limitation in time, manner or place. This especially includes, but is not limited to the use of the performance, especially the audio and video component for a live video stream, live audio-only stream or play by demand video or audio stream or playback which is made available on the internet, on webpages, YouTube, social media platforms or other platforms or within other formats for the general public or a selected audience.
(2) The name of the performing artist will be provided in a description close to the item.
(3) The artist is allowed to use the performance for personal purposes and as a reference, and for self-promotion on their personal social media channels, The artist is not permitted to use the performance for any purpose or application other than as a personal showreel. transfer of the show to third parties or any commercial use is not covered.
(4) With the HOER promotional services agreed in § 5 of this contract, all claims of the artist against HOER under this contract are fulfilled. The parties agree that there is a reasonable relationship between performance and consideration.
- 5 Realization and Promotion
- The artist will gain the following HOER promotion services and benefits:
- HOER will produce a 50-120 minute long video streaming in which the artist can showcase their work. Hoer will supply/maintain a functional video studio for the video streaming and supply functional DJ, filming and broadcast gear.
- HOER will promote the show and the artist via HOER’s well established social media channels, including our Instagram account.
- HOER will broadcast the show via HÖR BERLIN YouTube Channel. Due to the design of the YouTube streaming platform, occasional muting may occur. HOER does not guarantee that all tracks can be played without occasional muting.
- THE ARTIST will benefit from the professionally produced and broadcasted content as well as from the exposure to an international audience.
- THE ARTIST will have an representative artist page on HÖR’s website that could include their Bio, Links, and their HOER shows.
(2) Hoer may cease using the performance at any time and without notice and may remove the work from the website, YouTube and other media channels. HOER will make use of this for good cause only.
- 6 Voluntary Payment Event
We at HOER are convinced that granting usage rights to the performance in return for marketing it on the HOER channels is a fair model. However, it is also our opinion that the artist should receive monetary compensation. HOER is at this point in the process of transforming from a raw idea that solely relied on voluntary work to a sustained business that finally pays employees as well as you as an artist. All available resources are currently used for developing a sustainable business model.
If HOER generates an operating profit from subscriptions after all costs, taxes and potential debt repayment deducted, we will use a reasonable part of the profit for subsequent payment to the artists from the respective financial year. As we cannot predict economic figures, please understand that this is purely voluntary. There is no claim for payment or any corresponding claim.
In case there is a voluntary payment event, we will notify all performing artists from the relevant year and inform them about the share of profit, the mechanism we intend to allocate the profit to the artists and offer them a payment agreement in addition to this contract. We will make sure that there is a transparent process and a reasonable outcome.
- 7 Closing provisions
(1) HOER is entitled to terminate this contract at any time if there is an important reason. As important it qualifies in particular if the show is unlikely to be carried out or can be carried out as planned (e.g. due to pandemic-proof conditions, unforeseeable technical restrictions, power failure, etc). In this case, HOER will notify the artist immediately and – if possible – offer a replacement date.
(2) There is no obligation for HOER to provide the artist with another opportunity for a performance (show), if – for whatever reasons – the artist cancels the agreed performance or if the performance does not tackle place for a reason for which HOER is not responsible for.
(3) The contract and its interpretation shall be exclusively governed by German law, without regard to its conflict of law principles.
(4) The place of performance and exclusive jurisdiction is Berlin.
(5) All declarations must be given in text form.
(6) If one or more provisions of this agreement, including the Schedules hereto, are or become invalid or void, or if it contains a gap, the validity of this agreement shall not thereby be affected. The parties are obliged to replace any invalid or void provision with a valid provision which comes closest to what the parties had intended with respect to the purpose under the invalid or void provision.
(7) All claims under this agreement will become time-barred after 12 months. The limitation period starts upon creation of the claim, but not before such time when the party making the claim has become aware of the facts giving rise to the claim. This shall not affect the liability for intentional or grossly negligent breaches of duty, the liability for damage resulting from the violation of a person’s life, body or health, and the liability under the Product Liability Act; in such cases, the statutory limitation period and the start of the limitation period as provided by law shall apply.
