TERMS & CONDITIONS
For the purposes of these general terms and conditions, the following definitions apply, unless explicitly stated otherwise:
MAKKINA Agency: the booking agency for artists and the user of these general terms and conditions;
Client: the private individual or legal entity that books one or more artists and/or performances via MAKKINA Agency;
Artist: the performing artist(s), specifically the disc jockey(s) or DJ(s), who have entered into an agreement with MAKKINA Agency to organize and/or give one or more performances;
Performance: the Artist’s artistic performance;
Agreement: the agreement, including any applicable Hospitality Rider and Technical Rider, entered into between MAKKINA Agency and the Client as a result of the booking of an Artist and/or Performance;
Performance Fee: the total agreed amount payable by the Client to MAKKINA Agency for the booking of an Artist and/or Performance, exclusive of VAT and any applicable performing rights, but inclusive of any applicable payroll tax, social security contributions, and employee insurance premiums, if due;
Parties: MAKKINA Agency and the Client collectively.
ARTICLE 2: APPLICABILITY OF THE TERMS
These terms apply to all offers and agreements of MAKKINA V.O.F., with its registered office in Amsterdam, hereinafter referred to as "MAKKINA Agency".
The applicability of any general (purchasing) conditions used by the Client is hereby expressly excluded. Deviating conditions will only apply if and insofar as they have been expressly agreed upon in writing by both Parties. Any additions or amendments to these general terms and conditions or to the Agreement will only be binding once confirmed in writing by MAKKINA Agency.
The Client's unreserved acceptance and retention of any offer or order confirmation that references these general terms and conditions shall constitute acceptance of their applicability.
The possible invalidity of any provision in these general terms and conditions shall not affect the validity of the remaining provisions.
ARTICLE 3: AGREEMENTS
Agreements shall only be binding after written confirmation by MAKKINA Agency.
Agreements may only be entered into between MAKKINA Agency and the Client. Without prior written consent from MAKKINA Agency, the Client shall refrain from directly contacting or entering into agreements with any Artist represented by MAKKINA Agency.
ARTICLE 4: QUOTATIONS
All offers, quotations, price lists, delivery times, and related information provided by MAKKINA Agency are non-binding, unless a period for acceptance is stated. If an offer contains a non-binding proposal that is accepted by the Client, MAKKINA Agency reserves the right to revoke the offer within two working days after receipt of the acceptance.
The Client cannot derive any rights from images or descriptions included in offers, brochures, catalogs, or other promotional materials provided by MAKKINA Agency. Such information is non-binding.
ARTICLE 5: ENGAGING THIRD PARTIES
MAKKINA Agency is entitled to engage third parties for the execution of any agreements made.
ARTICLE 6: CONTRACT EXTRAS
MAKKINA Agency reserves the right to invoice the Client for any additional costs incurred due to obstacles—of any nature—affecting the performance of the Agreement and/or for any work or services not specified in the Agreement.
Contract extras will be invoiced separately after completion of the Agreement's execution, based on rates communicated to the Client in advance.
ARTICLE 7: ARTIST AND PERFORMANCE
The Client acknowledges full awareness of the Artist’s performance style, as well as the nature and content of the booked Performance.
The Client guarantees that, prior to, during, and after the Performance, all refreshments and items specified in the Artist’s Hospitality Rider will be made available in the Artist's dressing room. The Client will receive this list no later than one (1) week before the Performance.
The Client guarantees that all light, sound, and technical equipment specified in the Artist’s Technical Rider will be available and fully operational before the start of the Performance, including any necessary sound checks. The Client will receive these specifications no later than two (2) weeks before the Performance, including a specified setup time.
The Client is responsible for securing all necessary permits, exemptions, and approvals related to the Performance. If these permits are not obtained, MAKKINA Agency and/or the Artist reserve the right to cancel the Performance. In such cases, the Client remains obligated to pay the full Performance Fee and shall indemnify MAKKINA Agency and/or the Artist against any third-party claims arising from such cancellation. This is without prejudice to MAKKINA Agency’s right to claim full damages from the Client.
The Client warrants the following:
If other work is being conducted in the Performance area, such work shall be completed prior to the Artist’s arrival, allowing full access for setup.
MAKKINA Agency, its third parties, and the Artist shall have unrestricted access to the venue to complete necessary preparations.
A proper dressing room will be provided, adequately heated, lit, equipped with a mirror, power outlets, and capable of being locked.
A properly covered or coverable stage will be provided, unless otherwise agreed in writing.
Sanitary facilities will be available within reasonable distance.
All items and provisions specified in the Hospitality Rider and Technical Rider will be fully available.
The working environment will comply with all applicable legal requirements, ensuring the Artist’s safety before, during, and after the Performance, including sufficient security personnel, stage hands, crowd control barriers, and safety measures.
The maximum permitted capacity for the venue will not be exceeded as per fire codes or other regulations.
No audio and/or video recordings of the Performance may be made without prior written consent from MAKKINA Agency. The Client shall take all reasonable measures to prevent third parties from making unauthorized recordings.
MAKKINA Agency will ensure that the Artist arrives at the agreed location in time for the Performance, bringing all necessary equipment unless otherwise provided by the Client.
The location of the Performance will be specified in the Agreement and is binding. The Client is responsible for providing detailed directions.
The starting time and duration of the Performance will be specified in the Agreement and are binding. The start time serves as an approximate indication and is not a strict deadline for the Artist or MAKKINA Agency. If the Client requests an extension of the Performance, this may be granted with the Artist's and/or tour manager’s consent, and any additional time will be invoiced as contract extras.
MAKKINA Agency reserves the right to provide the Client with a guest list of up to five (5) persons per Artist.
ARTICLE 8: PROMOTIONAL MATERIALS
The Client must obtain prior written approval from MAKKINA Agency for any use of the Artist’s name, image, or likeness in promotional materials. To this end, the Client shall submit draft versions of such materials to MAKKINA Agency for review and approval.
No promotional materials featuring the Artist may be distributed without prior written approval from MAKKINA Agency and, where applicable, the Artist.
The Client is responsible for ensuring sufficient promotion and publicity for the Performance and shall properly credit the Artist in all advertising and promotional activities.
Without the prior written consent of MAKKINA Agency and, where applicable, the Artist, the Client may not sell or authorize the sale of any audio recordings, merchandise, posters, or other items featuring the Artist’s name, image, or logo at or around the venue. The Client shall also take reasonable steps to prevent unauthorized third-party sales.
ARTICLE 9: WARRANTY AND INDEMNIFICATION
MAKKINA Agency warrants that it is not prevented by any contractual or legal obligation from fulfilling its obligations under the Agreement.
MAKKINA Agency declares that the Artist is considered an independent contractor for tax purposes, or that MAKKINA Agency will act as the (deemed) employer and ensure the timely payment of all applicable statutory taxes, contributions, levies, and withholdings related to the fee or wages payable to the Artist. MAKKINA Agency will indemnify the Client in this respect.
This indemnification does not apply to any payments—whether in cash or otherwise—that the Client directly provides to the Artist outside of the Agreement with MAKKINA Agency.
ARTICLE 10: CANCELLATION
Cancellation of the Performance by the Client requires prior written consent from MAKKINA Agency. If consent is granted, the following cancellation fees apply:
a. If canceled up to three (3) months prior to the agreed Performance date: 50% of the Performance Fee;
b. If canceled within the period starting three (3) months prior to the agreed Performance date until the day of the Performance: 100% of the Performance Fee;
c. In the case of cancellation under section b, MAKKINA Agency may, at its discretion, reduce the cancellation fee to an amount between 50% and 100% of the Performance Fee depending on whether MAKKINA Agency is able to secure (partial) replacement work for the Artist on the scheduled date. If no replacement is secured, the full 100% remains payable. There is no obligation on MAKKINA Agency to seek replacement work, and the full cancellation risk within three (3) months lies entirely with the Client.
d. If the Client cancels without prior written consent from MAKKINA Agency, the full Performance Fee becomes immediately payable.
Without prejudice to the above, MAKKINA Agency reserves the right to claim full compensation for damages, either on its own behalf or on behalf of the Artist and/or third parties.
MAKKINA Agency reserves the right to cancel a Performance, for reasons of its own, up to two (2) weeks prior to the agreed Performance date. In such case, any payments already made by the Client will be refunded or credited. Beyond such repayment or credit, neither MAKKINA Agency nor the Artist shall bear any further liability for damages or losses incurred by the Client or third parties.
In the event that the Artist becomes unavailable due to radio and/or television commitments, international performances, or (promotional) obligations for a record label on the day before or after the scheduled Performance, MAKKINA Agency reserves the right to cancel the Agreement. In this scenario, the Client shall not owe any cancellation fees nor have any right to claim damages.
In the situations described under paragraph 4, MAKKINA Agency may propose one or more replacement artists or suggest rescheduling the Performance in consultation with the Client. The Client must respond to MAKKINA Agency within 48 hours of receiving the cancellation and proposed alternatives, indicating whether any of the proposals are acceptable.
ARTICLE 11: COPYRIGHTS AND PERFORMING RIGHTS IN A MUSICAL WORK
All payments related to copyrights, neighboring rights, and performance rights associated with the public use of musical works and recordings—including but not limited to fees owed to Buma/Stemra, Sena, and foreign organizations such as Sabam or Simim—are solely the responsibility of the Client and must be paid directly to the appropriate organizations.
ARTICLE 12: INABILITY TO PERFORM THE AGREEMENT AND FORCE MAJEURE
If, during preparation or execution of the Agreement, the assignment proves impossible to carry out due to circumstances unknown to MAKKINA Agency at the time of entering into the Agreement, or due to force majeure, MAKKINA Agency reserves the right to request amendment of the assignment to make execution possible. If such amendment is not feasible due to the nature of the unknown circumstances or force majeure, MAKKINA Agency may return the assignment. In such cases, neither MAKKINA Agency nor the Artist shall be liable for any damages to the Client or third parties. MAKKINA Agency will, however, be entitled to full payment for any work already performed up to that point.
If performance by MAKKINA Agency, the Artist, or any third parties engaged by MAKKINA Agency becomes impossible due to circumstances not attributable to MAKKINA Agency, or in the event of any other serious reason on the part of MAKKINA Agency, only MAKKINA Agency shall have the right to either terminate the Agreement or suspend performance for a reasonable period of time, without any obligation to pay damages. In the event of partial performance of the Agreement, the Client remains obliged to pay for work already performed.
Circumstances constituting non-attributable failure (force majeure) shall include, but are not limited to:
war, riots, mobilization, civil unrest (domestic or international), government interventions, strikes, lockouts, or similar situations;
illness of the Artist (upon request within 24 hours after notification of illness, an independent physician may issue a medical certificate at the Client’s expense);
currency fluctuations occurring after the Agreement is entered into;
business interruptions caused by fire, accidents, or other incidents;
natural disasters, epidemics, pandemics, quarantines, or similar events;
government measures that prevent or make the Artist’s performance excessively burdensome.
These circumstances apply whether they affect MAKKINA Agency, the Artist, or any third parties engaged for the execution of the Agreement.
If the Client defaults on any of its obligations to MAKKINA Agency—including suspension of payments, filing for bankruptcy, seizure, liquidation, or winding-up of the Client’s business—all outstanding amounts owed by the Client to MAKKINA Agency shall become immediately due and payable in full.
ARTICLE 13: PRICES
All prices quoted by MAKKINA Agency are exclusive of VAT and any other applicable government levies, unless expressly stated otherwise.
If, between the date of entering into the Agreement and its execution, changes occur due to government regulations and/or collective labor agreements—such as adjustments to wages, employment conditions, social security contributions, or similar obligations—MAKKINA Agency reserves the right to pass these increases on to the Client. If MAKKINA Agency introduces new prices during this period, the updated prices may also be charged to the Client.
In the event that the Client is a private individual not acting in the exercise of a profession or business, any such price increases may only be charged after three (3) months following the conclusion of the Agreement. If price increases occur within this three-month period, the Client shall have the right to dissolve the Agreement.
ARTICLE 14: PAYMENT
Payment must be made no later than three (3) weeks prior to the agreed Performance date, unless the Agreement specifies a different payment deadline, in which case that deadline applies. Regardless, the Client is always obligated to pay:
50% of the Performance Fee within five (5) working days after signing the Agreement;
100% of all invoiced amounts related to flights and hotels within ten (10) days after the invoice date.
Any contract extras must be paid within the payment term stated on the respective (contract extras) invoice.
If any (advance) payment is not made on time and/or in full as specified in paragraph 1, or if the full amount has not been received by MAKKINA Agency after expiry of the applicable payment period, MAKKINA Agency shall have the right—without further notice of default or judicial intervention—to dissolve the Agreement in whole or in part out of court. This is without prejudice to MAKKINA Agency’s right to claim full payment of the Performance Fee. In such case, the Client shall owe:
Statutory commercial interest as defined in Article 6:119a of the Dutch Civil Code;
Legal costs, including extrajudicial collection costs up to 15% of the Performance Fee and accrued interest;
Judicial costs, including attorney fees;
Full compensation for damages suffered or to be suffered by MAKKINA Agency and/or the Artist.
If the Client fails to meet its payment obligations, MAKKINA Agency is also entitled to suspend any further obligations (including delivery or performance of work) until full payment has been made or sufficient financial security has been provided. This right applies even before the Client is formally in default, if MAKKINA Agency has reasonable grounds to doubt the Client’s creditworthiness.
Payments made by the Client shall always first be applied to cover any outstanding interest and costs, and subsequently to the oldest outstanding invoice, regardless of any payment reference provided by the Client.
The Client waives any right to offset claims it may have or acquire against MAKKINA Agency, on any grounds whatsoever. This waiver also applies if the Client applies for (provisional) suspension of payment or is declared bankrupt.
The provisions under paragraph 6 do not apply if the Client is a private individual acting outside the scope of a profession or business.
ARTICLE 15: COMPLAINTS
Complaints regarding the execution or method of execution of the Agreement must be submitted by the Client to MAKKINA Agency in writing, substantiated, and within eight (8) days following the Performance. Any oral complaint must be confirmed in writing without delay.
If no complaint is submitted within this term, the Agreement shall be deemed to have been fully and properly performed.
Filing a complaint does not suspend the Client’s payment obligations.
MAKKINA Agency must be given the opportunity to investigate the complaint.
If the complaint is found to be valid, any compensation shall be settled in accordance with the provisions of Article 16.
ARTICLE 16: LIABILITY AND INDEMNIFICATION
The Client shall be liable for any damage caused before, during, or after the Performance to sound or light equipment, other equipment, and/or property belonging to the Artist and/or their crew, whether located at the venue or in any associated (dressing) rooms. This includes, but is not limited to, damages resulting from actions or omissions by the Client, its personnel, the audience, or as a result of technical failures such as power outages, water leakage, or similar issues.
The Client is obligated to take out adequate insurance to cover risks associated with the execution of the Agreement and/or the Performance.
MAKKINA Agency shall perform its duties in accordance with what may reasonably be expected from a professional agency in the industry. However, MAKKINA Agency disclaims any liability for damages—including indirect or consequential damages—that may arise from its actions or omissions in the broadest sense, except where such damage is directly attributable to gross negligence, willful misconduct, or intentional wrongdoing on the part of MAKKINA Agency. The same limitation applies to the Artist, staff members, and any third parties engaged by MAKKINA Agency.
Without prejudice to the foregoing, any liability of MAKKINA Agency and/or the Artist—on any legal basis—shall be limited to an amount not exceeding the agreed Performance Fee. Fulfillment of this provision shall constitute full and final compensation.
In any case, MAKKINA Agency’s liability shall never exceed the amount paid out under its liability insurance, to the extent that the damage is covered by such insurance policy.
Additional limitations:
The maximum period within which MAKKINA Agency and/or the Artist can be held liable for damages shall be six (6) months after the Performance.
If the Client is a private individual not acting in the exercise of a profession or business, this period shall be extended to one (1) year.
The Client forfeits any right to claim against MAKKINA Agency and/or the Artist and shall fully indemnify MAKKINA Agency and/or the Artist against any third-party claims (including but not limited to audience members), legal fees, or damages resulting from:
Damage arising from incorrect and/or incomplete information provided by the Client;
Damage caused by actions of the Client and/or third parties engaged by the Client that contradict instructions or advice provided by MAKKINA Agency and/or the Artist;
Damage resulting from errors or inaccuracies in data, materials, or information carriers supplied or prescribed by or on behalf of the Client;
Damage resulting from hearing loss or other injuries related to the Performance;
Damage and third-party claims resulting from failure by the Client and/or any third parties engaged by it to comply with warranties, obligations, or provisions contained in these terms and the Agreement.
ARTICLE 17: BANKRUPTCY, LOSS OF LEGAL CAPACITY, ETC.
Without prejudice to the provisions in the other articles of these terms and conditions, the Agreement between the Client and MAKKINA Agency shall be automatically dissolved—without judicial intervention or notice of default being required—at the moment the Client:
is declared bankrupt;
files for (provisional) suspension of payment of its debts;
becomes subject to attachment or seizure of assets;
is placed under guardianship or administration
or otherwise loses control or legal authority over all or part of its assets.
This automatic dissolution does not apply if the appointed receiver or administrator explicitly confirms that the obligations arising from the Agreement will be treated as estate debts.
ARTICLE 18: APPLICABLE LAW AND COMPETENT COURT
All Agreements concluded between MAKKINA Agency and the Client shall be governed exclusively by Dutch law. Any disputes arising from such Agreements shall also be governed exclusively by Dutch law.
Any disputes shall be submitted exclusively to the competent court in Amsterdam, unless mandatory law assigns jurisdiction to the subdistrict court judge in the Client’s place of residence or registered office.
If the Client is a private individual not acting in the course of a profession or business, the Client may, within one (1) month after MAKKINA Agency has informed the Client in writing of its intention to submit the dispute to court, indicate that they prefer the dispute to be handled by the court that has jurisdiction according to the law.