Legal
Terms &
conditions
Who we are
Evermore Group B.V., trading as Evermore Agency, registered with the Dutch Chamber of Commerce (KvK) under number 94437238, Duivendrechtsekade 80, 1096 AH Amsterdam, the Netherlands. Email contact@evermoregroup.nl.
These are the general terms on which Evermore books the artists it represents. They apply to every offer and every agreement for a performance, and they are sent with every booking confirmation.
1. Definitions
In these terms the following words have the meanings below, unless explicitly stated otherwise.
1.1 Agreement: the booking agreement, including the Hospitality Rider and the Technical Rider, entered into by Evermore on behalf of the Artist with the Promoter for any booking of an Artist or a Performance.
1.2 Artist: the artist, performer or other talent represented by Evermore for the purpose of the Agreement, who has undertaken to Evermore to give a Performance.
1.3 Artist Fee: the agreed sum due to the Artist for the Performance, as part of the Performance Fee payable by the Promoter to Evermore.
1.4 Booking Fee: the agreed sum due to Evermore for arranging the booking, as part of the Performance Fee payable by the Promoter to Evermore.
1.5 Performance Fee: the total sum owed by the Promoter to Evermore for a booking of an Artist or a Performance, consisting principally of the Artist Fee and the Booking Fee, excluding VAT, travel and accommodation, and including any levies or contributions that may be payable.
1.6 Evermore: Evermore Group B.V., trading as Evermore Agency, the booking agency and the contracting party using these terms, with its registered office in Amsterdam.
1.7 Promoter: the natural person or legal entity that books one or more Artists or Performances with Evermore.
1.8 Performance: the agreed artistic performance to be given by the Artist.
2. Agreements and these terms
2.1 These terms apply to all offers and all Agreements of Evermore relating to bookings and Performances of its Artists. An Agreement is binding only once Evermore has confirmed it in writing.
2.2 Other terms form part of the Agreement only if and to the extent the parties have explicitly agreed them in writing. Additions or amendments to these terms or to the Agreement are binding only once Evermore has confirmed them in writing.
2.3 A Promoter who accepts and retains an offer or confirmation that refers to these terms without comment is deemed to have agreed to their application.
2.4 If any provision of these terms is wholly or partly invalid or inapplicable, the remaining provisions remain in full force.
2.5 Any general terms and conditions of the Promoter are expressly excluded.
2.6 Agreements are concluded solely between Evermore and the Promoter. The Promoter shall not seek direct contact with, or conclude any agreement with, an Artist without the express prior written consent of Evermore.
2.7 Evermore may engage third parties to carry out the Agreement.
3. Offers
3.1 All offers, quotations, price lists and dates submitted by Evermore are without obligation unless they state a period for acceptance. If the Promoter accepts an offer made without obligation, Evermore may revoke it within two business days of receiving the acceptance.
3.2 The Promoter cannot derive any rights from images and descriptions in offers, presentations or other promotional material provided by or on behalf of Evermore.
4. Artists and Performances
4.1 The Promoter declares that it is fully aware of the creative work of the Artist and of the nature of the Performance contracted.
4.2 The Promoter guarantees that before, during and after the Performance at least the refreshments and items specified in the Artist's Hospitality Rider are available in the dressing room.
4.3 The Promoter guarantees that the sound and lighting equipment needed for the Performance and for any soundcheck, as specified by the Artist in writing, is available in good time before the Performance and meets the specifications of the Artist's Technical Rider.
4.4 The Promoter shall obtain any permits or exemptions required for the Performance. If they are not available, Evermore may cancel the Performance. In that case the Promoter remains liable for the agreed Performance Fee and indemnifies Evermore and the Artist against all third party claims arising from the cancellation. Evermore further reserves the right to claim full compensation from the Promoter, on its own behalf or on behalf of the Artist or third parties.
4.5 Evermore shall ensure that the Artist arrives at the agreed venue in good time before the Performance with everything needed for it, except what the Promoter is to supply or arrange.
4.6 The venue of the Performance is set out in the Agreement and is binding. The Promoter shall provide directions to it.
4.7 The start time and the duration of the Performance are set out in the Agreement and are binding. The start time is approximate and can never be held against the Artist or Evermore as a firm deadline. At the Promoter's request, and with the consent of the Artist and the Artist's management, the Performance may be extended; the extension is charged to the Promoter as additional work.
4.8 Evermore is entitled to a guest list of at least ten (10) persons per Performance.
5. Promotion and the Artist's name
5.1 The Promoter needs Evermore's prior written permission to use the Artist's name, logo, artwork or image in any promotional material, and shall submit that material to Evermore for approval in advance.
5.2 Promotional material containing the Artist's name or image may not be distributed until Evermore, and where necessary the Artist, has given written permission.
5.3 The Promoter shall ensure sufficient promotion of the Performance and guarantees that the Artist's name, logo and artwork are reproduced correctly, exactly as supplied by Evermore, in all of the Promoter's communication about the Performance.
5.4 Without the prior written permission of Evermore, and where necessary the Artist, the Promoter may not sell recordings, posters or other articles bearing the Artist's name, image or logo at or near the venue before, during or after the Performance, and shall take all necessary measures to prevent third parties from doing so.
6. Warranties
6.1 Evermore warrants that no obligation prevents it from performing the Agreement.
6.2 Evermore warrants that the Artist is an independent contractor for tax purposes and shall ensure that all statutory contributions, levies and deductions relating to the Artist Fee are made in good time, and indemnifies the Promoter in that respect. This indemnity does not apply to any payment in cash or in kind made by the Promoter directly to the Artist.
6.3 The Promoter guarantees that:
A. any other work in the room where the Performance takes place is finished in good time before the Artist starts preparing there;
B. Evermore, any third parties it engages and the Artist have free access to that room and can prepare without hindrance;
C. a proper dressing room is available to the Artist, heated, lockable and equipped with a mirror and a power supply;
D. a covered stage, or a stage that can be properly covered, is available unless otherwise agreed in writing;
E. sanitary facilities are available within a reasonable distance;
F. the items specified under articles 4.2 and 4.3 are present;
G. the working environment meets all statutory requirements, and the Artist's safety before, during and after the Performance is safeguarded by sufficient security and other staff, crowd barriers and stage hands;
H. the maximum number of persons permitted in the room under fire safety and other applicable regulations is not exceeded;
I. no audio or video recordings of the Performance are made without the prior written permission of Evermore, and the Promoter takes all necessary measures to prevent third parties from making them.
7. Cancellation
7.1 The Promoter may cancel a Performance only with Evermore's permission. A cancellation by the Promoter is valid only once Evermore has accepted it in writing. If Evermore accepts, the Promoter owes compensation as follows:
A. cancelled more than 60 days before the date of the Performance: 50% of the Artist Fee and 100% of the Booking Fee;
B. cancelled 60 days or less before the date of the Performance: 100% of the Artist Fee and 100% of the Booking Fee.
7.2 Evermore further reserves the right to claim full compensation from the Promoter, including travel and accommodation costs, on its own behalf or on behalf of the Artist or third parties.
7.3 Evermore may cancel a Performance for its own reasons up to two (2) weeks before the date of the Performance, refunding or crediting any part of the Performance Fee already paid, or crediting the agreed Performance Fee if it has not yet been paid. Beyond that refund or credit, neither Evermore nor the Artist is liable for any other compensation to the Promoter or third parties.
7.4 Apart from force majeure, such as illness of the Artist, Evermore may cancel a Performance within two (2) weeks of its date if the Artist has a television or radio appearance, a performance abroad, or another promotional or other obligation on the date of the Performance, the day before or the day after. Neither Evermore nor the Artist is then liable for any compensation to the Promoter or third parties. Any Performance Fee paid in advance is refunded.
7.5 In the cases in articles 7.3 and 7.4, Evermore may propose a replacement artist or another date in consultation with the Promoter, in which case it is not required to refund or credit any part of the Performance Fee already paid. The Promoter shall tell Evermore in writing within 48 hours of the proposal whether it accepts.
7.6 Evermore may cancel the Performance if the Promoter does not meet its payment obligations on time. The Promoter then remains liable for the Performance Fee and for travel and accommodation costs, and indemnifies Evermore and the Artist against all third party claims arising from the cancellation.
8. Force majeure
8.1 If, while the Agreement is being prepared or carried out, it proves impossible to carry it out because of circumstances unknown to Evermore or because of force majeure, Evermore may require the Agreement to be changed so that it can be carried out, unless that will never be possible. Evermore is in any case entitled to full payment for the work already done.
8.2 If Evermore or the Artist cannot perform its obligations because of a non-attributable failure on the part of Evermore, the Artist or third parties engaged by Evermore, or for another serious reason, Evermore may dissolve the Agreement or suspend its obligations for a period it determines, without being liable for any compensation. If part of the Agreement has already been carried out, the Promoter shall meet its obligations up to that point.
8.3 Non-attributable failure includes, among other things: war, terrorism, riots, mobilisation, domestic or foreign unrest, government measures, strikes and lock-outs, or the threat of any of these; illness of the Artist (at the Promoter's request, made within 24 hours of the notice of illness, a medical certificate may be obtained from an independent doctor at the Promoter's expense); disruption of the exchange rates applying when the Agreement was concluded; disruption of business through fire, accident or other events; acts of God; and government measures that prevent the Performance or make it disproportionately burdensome. This applies whether the failure is on the part of Evermore, the Artist or third parties engaged by Evermore.
8.4 If the Promoter fails to meet any obligation to Evermore on time, or in the case of suspension of payments, an application for a moratorium, (an application for) bankruptcy, attachment of assets, or the assignment or liquidation of the Promoter's business, everything the Promoter owes Evermore under any Agreement becomes immediately due and payable in full.
9. Copyright and neighbouring rights
9.1 The Promoter shall pay all statutory taxes and all copyright and neighbouring rights payments relating to the Performance, including to collecting societies such as Buma/Stemra, Sena, PRS and SIMIM, or their local equivalent.
9.2 Where applicable, the Promoter shall inform Evermore in writing of the rate charged by those collecting societies when returning the Agreement, and shall send Evermore a receipt specifying the amount paid for the Performance within 14 days of the Performance.
10. Prices
10.1 All prices quoted by Evermore exclude VAT and any other government levies unless explicitly stated otherwise.
10.2 If wages, terms of employment, social insurance or similar costs change through government or union measures between the conclusion of the Agreement and the Performance, Evermore may pass the increase on to the Promoter. If Evermore issues a new price list that takes effect in that period, it may charge the prices in it.
11. Payment
11.1 Payment is due no later than fourteen (14) weeks before the date of the Performance, or on the payment date or dates set out in the Agreement, unless the parties have agreed otherwise in writing. Additional work is payable within the term stated on the invoice.
11.2 If Evermore has not received a payment on time or in full, the Promoter owes Evermore statutory commercial interest under article 6:119a of the Dutch Civil Code, and all collection costs, including extrajudicial costs of up to 15% of the principal sum plus interest, and the costs of legal proceedings.
11.3 In that case, or in a comparable situation, Evermore may dissolve the Agreement in whole or in part, with or without claiming damages, without notice of default or court intervention.
11.4 If the Promoter has not met its payment obligations, Evermore may, in addition to cancelling the Performance under article 7.6, suspend its own obligations until payment has been made or adequate security provided. The same applies before the Promoter is in default if Evermore has reasonable grounds to doubt the Promoter's creditworthiness.
11.5 Payments by the Promoter are applied first to interest and costs due, and then to the invoice that has been outstanding longest, even if the Promoter states that a payment relates to a later invoice.
11.6 The Promoter waives any right to set off a counterclaim against Evermore, also in the event of a moratorium or bankruptcy. This does not apply if the Promoter is a natural person not acting in the course of a profession or business.
12. Complaints
12.1 The Promoter may submit a reasoned written complaint about the execution of the Agreement to Evermore within twenty-four (24) hours of the Performance. A complaint made orally must be confirmed in writing within that period.
12.2 If no complaint is received within that period, the Agreement is deemed to have been properly carried out.
12.3 A complaint does not suspend the Promoter's payment obligations.
12.4 Evermore shall be given the opportunity to investigate the complaint.
12.5 If the complaint is justified, the loss or damage is settled in accordance with article 13.
13. Liability and indemnity
13.1 The Promoter is liable for any damage before, during or after the Performance to sound and lighting equipment and other property of Evermore or the Artist at the venue or in the dressing room, caused among other things by any act or omission of the Promoter, its staff or the audience, or by power failures or leaks.
13.2 The Promoter shall take out adequate insurance for the Agreement and the Performance.
13.3 Evermore carries out its work as may be expected of a business in its sector, but accepts no liability for any damage or loss, including consequential loss, caused by its acts or omissions, except where caused by its gross negligence or intent. The same limitation applies to the Artists, staff and third parties engaged by Evermore.
13.4 Without prejudice to the rest of this article, the liability of Evermore, on whatever grounds, is limited to the agreed Booking Fee, which is regarded as the only and full compensation.
13.5 Evermore and the Artist are never required to pay compensation exceeding the amount paid out under Evermore's insurance, to the extent the damage is covered by it.
13.6 Any claim for compensation against Evermore or the Artist must be brought within twelve (12) months.
13.7 The Promoter loses its rights against Evermore, is liable for all damage or loss, and indemnifies Evermore and the Artist against all third party claims to the extent that the damage or loss was caused by:
A. inaccurate or incomplete information given by the Promoter to Evermore or the Artist;
B. the Promoter not following instructions or advice given by Evermore or the Artist;
C. errors in data, materials or information supplied or prescribed by or on behalf of the Promoter.
13.8 The Promoter further indemnifies Evermore and the Artist against all damage, loss and third party claims, including all legal and extrajudicial costs, arising from the Promoter's failure to meet the guarantees in these terms or its other obligations under the Agreement.
14. Insolvency
14.1 The Agreement is dissolved without court intervention or notice of default if the Promoter is declared bankrupt, an application for its bankruptcy is filed, it applies for a moratorium, its assets are attached, it is placed under guardianship or administration, or it otherwise loses the power to dispose of its assets, unless the trustee or administrator recognises the obligations under the Agreement as a debt of the estate.
15. Governing law and jurisdiction
15.1 Every Agreement between Evermore and the Promoter is governed exclusively by Dutch law.
15.2 All disputes are submitted exclusively to the competent court in Amsterdam, the Netherlands.
These terms replace the version of August 2024. Last updated September 2026.