Emerged Agency GmbH
Performance Contract Volmerswertherstr. 21
40221 Düsseldorf
EMA/C23-000488
Deutschland
By and between:
Düsseldorf: +49 (0)211 97712401
ТОО «TAB Family» c/o Zhanibek Tastanbekov,
info@emerged-agency.com
Yelebekova str., 10, Almaty, Kazakhstan,
www.emerged-agency.com
hereinafter referred to as “Organizer”,
Geschäftsführer:
Manuel Schottmüller
and:
Sitz: Düsseldorf
Emerged Agency GmbH,
Amtsgericht: Düsseldorf
Volmerswertherstr. 21, 40221 Dusseldorf,
HRB 75486 Düsseldorf
hereinafter referred to as “Agency“.
VAT No. DE301182026
Bank:
Stadtsparkasse Düsseldorf
Konto Nr.: 1007232315
BLZ: 30050110
IBAN:
DE48300501101007232315
Object BIC: DUSSDEDDXXX
Organizer hereby hires Manao, hereinafter referred to as “the Artist” for the guest performance described below, which
is hereinafter referred to as “the Event”:
Venue: bardak spot, Zenkova street 24a, 050000 Almaty, Kazakhstan
Date: 17. November 2023
Type and duration of guest performance: DJ Set, TBA minutes
1. Fee and Costs
1.1. Organizer will pay Agency in consideration for the production costs of the above mentioned Event as follows:
Description excl. Sales Tax Sales Tax incl. Sales Tax
Produktionskosten EUR 460.00 0% EUR 460.00
Total: EUR 460.00 EUR 460.00
In addition, Organizer will pay for the following costs:
1.2. Organizer will pay Agency for the above mentioned Event an amount equal to plus sales tax (currently 19%) of
the net proceeds from ticket sales .
Ticket prices are listed below:
Presale EUR: (pre-tax) plus booking fees
Reduced: EUR: (pre-tax) plus booking fees
Box Office EUR: (pre-tax)
1.3. 100% of production costs will be paid to Agency at the day of the Event
Name: Emerged Agency GmbH
Bank: Stadtsparkasse Düsseldorf
Account #: 1007232315
Bank Code: 30050110
IBAN: DE48300501101007232315
BIC: DUSSDEDDXXX
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1.4. All permits and charges (including GEMA fees, etc.) related to the Artist’s guest performance will be at the
expense of Organizer.
1.5. Production costs will be paid net of any deductions. Any applicable taxes and charges will be at the expense
of and duly paid by Organizer. Upon request, Organizer will provide Agency with proof of payment of
applicable taxes and charges.
1.6. If the appearance ceases to exist due to a breach of contract or through the artist’s own fault, the agency will
reimburse the organizer for all production costs already paid. If the event ceases to exist due to a breach of
contract or through the organizers own fault, the organizer pays a contractual penalty up to the agreed
production costs. In the event of force majeure including strike, war, fire, pandemic, serious or dangerous
weather conditions, national disasters, orders from local and / or national government or local licensing or
health authorities, actual or threatened or civil unrest,or illness of the artist this agreement expires without
compensation. In any such event, neither party hereto shall be entitled to make any claim against the other
party for non-fulfillment of any outstanding obligations yet to be performed on the part of such other party.
1.7. If any Performance(s) is cancelled due to a Force Majeure Event, but: (i) Artist has already commenced its
performance on stage; (ii) Promoter cancels the Performance but does not cancel the entire Event and does
not give refunds to attendees for the event for the period or day on which the Performance was due to take
place; or (iii) Artist is otherwise ready, willing and able to perform the Performance(s), Promoter shall remain
liable to pay the full Fee to Company in respect of the Performance and shall remain liable for payment of
costs of any items which Promoter is responsible for paying and providing in the Principal Terms (e.g. travel
and accommodation) to the extent Company still requires the same.
1.8. In case of failure of the contractual event due to bad weather / disaster weather conditions, which directly
represent a danger to life and limb of participating in the event artists, organizers and / or the public, or the
unfitness of the venue or by the organizer caused reasons, pays the organizer to the agency a compensation in
the amount of the agreed net fee.
2. Production
2.1. On the date of Event, Organizer will make available to Artist the stage (in case of open air events, both stage
and mixer must be roofed and meet professional standards), including PA and lighting system with the
characteristics required by the applicable location. An on-site engineer must be present during the whole
Event. Artist will receive full information material regarding the Event (including Venue Specs, Tech Specs,
Running Order and Itinerary) four weeks before the performance at the latest.
2.2. Organizer will ensure that no unauthorized professional sound, film, photo or video recording is made during
the guest performance and the sound check. Any such authorization must be requested from Agency in
advance and in written form.
2.3. Organizer will make available a lockable, heated dressing room and backstage area.
2.4. Organizer will make available to Artist 1 stage hands for setup and strike down, respectively.
2.5. Artist and Agency may make up a guest list, which will be submitted to Organizer before the gate opens, at the
latest, and will include 10 free tickets.
2.6. The contents of the Artist Riders attached hereto (Technical Rider, Hospitality Rider, Stage Plan, etc.) are an
integral part of this Contract and will be made available by Organizer to Artist free of charge. Any modification
requests must be made in written form and must be agreed with Agency in all cases before the performance.
In case of failure to comply with the Artist Riders, the Artist is no longer required to perform.
3. Travel
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3.1. Organizer will attach to this Contract a map and directions to the venue, and will make available directly next
to the venue. Organizer will ensure free, direct access to the venue.
3.2. Organizer will provide for the Artist’s local transfer from airport or train station of arrival to venue and hotel, as
well as from venue and hotel to airport or train station of departure.
3.3. (Inter)National travel expenses will be borne by: Organizer. All plane or train ticket reservations must be
authorized by Agency.
4. Hotel & Catering
4.1. Organizer will bear all accommodation costs (including breakfast, free Wi-Fi, early check-in, late check-out).
The hotel will be at walking distance; otherwise Organizer will provide for a shuttle service to the hotel.
4.2. Hotel rooms must be paid in advance.
4.3. Organizer will bear the costs of a warm meal meeting the Artist’s requirements given in the Hospitality Rider for
the Artist and his/her helpers.
4.4.. Organizer will also provide Artist and his/her helpers with beverages and catering at no charge and in sufficient
quantity as required by Artist.
5. Advertising
5.1. Organizer will carefully do promotion and press work using only the advertising material provided by Agency
(print and digital media, TV, radio, street posters and flyers, local press). Agency will make available to
Organizer advertising material in digital format at no cost.
5.2. Artist will be announced as follows: Manao or MANAO Artist will be announced as headliner.
5.3. Before publication by Organizer, all advertising pieces must be subject to written authorization by Agency.
5.4. In case the Event has political and/or advertising purposes and in case the Event receives financial support by
a Sponsor, Agency must be informed thereof in written form. Express prior authorization by Agency will then
be required.
5.5. Artist will be provided with one large, easily visible table, including lighting, which Artist may use to sell his/her
merchandise (without Artist incurring in any costs).
6. Permits/Liability/Insurance
6.1. Organizer hereby undertakes to take out an adequate insurance covering personal injury and property damage.
6.2. Organizer will be liable for the safety of Artist, his/her musicians and helpers, as well as for the safety of all
equipment and instruments brought by Artist to the venue, throughout the Artist´s stay at the venue.
6.3. Artist will be liable only for damages caused by him/her deliberately or through gross negligence and provided
any such damages are notified to Artist or Agency in writing at the latest 3 days after the event has ended.
Liability for slight negligence is excluded.
6.4. Organizer is responsible for obtaining artist’s work permit as well as all official permits required to carry out the
event.
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7. Artist´s Rights
7.1. Artist is free to design and plan his/her performance.
7.2. Organizer may not claim that Artist is poorly talented or insufficiently technically equipped.
8. Specific Arrangements
N/A
9. Severability Clause
In case a provision hereof is void or not practicable for legal reasons, the validity of the remaining provisions
shall not be affected. The Parties agree to replace the void or ineffective provision with a valid provision which
most closely reflects the economic purpose of this agreement.
10. Confidentiality
The Parties undertake not to disclose the terms of this agreement to third parties.
11. Jurisdiction
Place of jurisdiction is Düsseldorf. German law shall apply.
No additional verbal agreements have been made. Any changes or amendments to this agreement shall be in
writing.
Place / Date: _____________________ Place / Date: _____________________
By Organizer: _____________________ By Agency: _____________________
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