Intermediation Terms
These Intermediation Terms govern the use of the Stagedyver platform for the intermediation of artist contracts (performance contracts) between organizers and artists/bands.
1. Subject of the Intermediation and Conclusion of Contract
- (1) Stagedyver acts exclusively as an intermediary. The actual performance contract is concluded directly and immediately between the organizer (booker) and the artist or band.
- (2) The contractual conditions and details for a performance are provided exclusively by the artist/band and are immediately visible on the platform. By booking via the platform, a binding contract is concluded between the organizer and the artist under these conditions.
- (3) The artist/band is solely responsible for the accuracy, completeness and legal admissibility of the content and contract details they post.
2. Service Fee and Payment of the Artist Fee
- (1) For providing the platform and the successful intermediation of a booking, Stagedyver charges the organizer a service fee of 1% of the total fee (incl. VAT) agreed between the organizer and the artist per booking. The service fee is paid at the time of the binding booking via the platform.
- (2) The settlement of the artist fee itself is not part of Stagedyver's service. Payment of the agreed fee takes place directly between the organizer and the artist/band, without the involvement of Stagedyver.
3. Cancellation and No-Show
- (1) Stagedyver's intermediation service is deemed fully rendered upon the successful booking via the platform. For this reason, the service fee of 1% of the total fee is not refunded in the event of a later cancellation of the gig – regardless of whether the cancellation is made by the organizer or the artist.
- (2) In the event of a no-show by the artist (for example due to illness, force majeure or other reasons), Stagedyver is not obliged to provide a replacement band or replacement artist. The resolution of the consequences of a no-show is the sole responsibility of the contracting parties (organizer and artist).
4. Disclaimer of Liability
- (1) Since Stagedyver does not become a contracting party to the performance contract, Stagedyver assumes no liability whatsoever for the fulfilment of the contractual obligations arising from the intermediated performance contract.
- (2) In particular, Stagedyver is not liable for the actual execution of the performance, the quality of the artistic service or for any damages that arise within the framework of the intermediated contractual relationship.
5. Supplementary Provisions
Unless otherwise stipulated in these Intermediation Terms, the general Terms of Service of Stagedyver apply additionally.