Terms and Conditions

This is an English translation of the Algemene Voorwaarden (General Terms and Conditions) of The Sound Society B.V. It is provided for convenience only. In the event of any discrepancy between this translation and the Dutch text, the Dutch text prevails (article 2.11). The Dutch version is available at /algemene-voorwaarden/.

The Sound Society B.V.
Rozengracht 133-4, 1016 LV Amsterdam
Chamber of Commerce (KvK) number 90430433 | VAT number NL865311936B01

Version 3.2 | effective date 1 January 2026

These general terms and conditions are intended exclusively for business clients and do not apply to consumers (article 2.2). They consist of a general part (chapter A) that applies to all agreements, and four supplementary chapters per type of service: rental of equipment (B), sale, custom work and installation (C), booking of artists and DJs (D), and production, transport and work on location (E).

CHAPTER A. GENERAL PROVISIONS

This chapter applies to all agreements with TSS. Chapters B through E contain supplementary provisions per type of service. These terms are intended exclusively for business clients; see article 2.2.

Article 1. Definitions

1.1 TSS: The Sound Society B.V., with its registered office at Rozengracht 133-4 in Amsterdam, registered in the trade register under number 90430433. TSS is the contracting party in all Agreements to which these terms apply. Wherever these terms refer to “TSS”, this legal entity alone is meant.

1.2 Client: any natural person or legal entity acting in the course of a profession or business who enters into an Agreement with TSS, negotiates one, or to whom TSS makes an offer. This includes sole proprietorships, general partnerships, professional partnerships and other small enterprises, regardless of their legal form or size.

1.3 Agreement: any arrangement between TSS and the Client concerning rental, sale, installation, booking of Artists, production or related services, including all amendments and additions thereto.

1.4 Equipment: all audio, lighting, video, rigging, stage and power equipment made available by TSS, including cabling, accessories, spare parts, flight cases, racks and packaging materials.

1.5 Products: all goods sold by TSS, including speakers, amplifiers, processors, custom enclosures and complete audio systems.

1.6 Artist: any DJ, musician, band, live act, performer, host or other performing artist booked or engaged through TSS.

1.7 Booking: the Agreement concerning the performance or engagement of an Artist.

1.8 Location: the place where the Equipment is used, the Products are delivered or installed, or the performance takes place.

1.9 Execution Date: the agreed day on which the performance, the event, the delivery, the installation or the start of the rental period takes place.

1.10 Additional Work: all work, deliveries and provisions not included in the Agreement, or arising from changed wishes of the Client, changed circumstances at the Location, or incorrect or incomplete information provided by the Client.

1.11 Price List: the price list of TSS in force at the time the Agreement is concluded, which is provided free of charge on first request and can be consulted on the TSS website.

1.12 In Writing: by letter or by e-mail. Messages via WhatsApp or a comparable messaging service qualify as in writing insofar as their content is knowable, traceable and reproducible for both parties. For cancellation, termination, notice of default and transfer of the Agreement, only a message by letter or e-mail suffices.

Article 2. Applicability, provision and order of precedence

2.1 These general terms and conditions apply to every offer, quotation, order confirmation, Agreement and delivery of TSS, regardless of whether it concerns rental, sale, installation, Bookings or production.

2.2 These terms apply exclusively to Agreements with Clients acting in the course of a profession or business. By entering into the Agreement, the Client declares to be acting as such.

2.3 These terms also apply to Agreements for which TSS engages third parties, to follow-up assignments and to all legal relationships arising therefrom.

2.4 TSS provides these terms to the Client before or upon conclusion of the Agreement by attaching them to the offer or order confirmation. If the Agreement is concluded electronically, TSS makes the terms available electronically before its conclusion in such a way that the Client can store them and consult them at a later time. If provision is not reasonably possible, TSS will state where the terms can be inspected and will send them free of charge on first request.

2.5 Purchasing conditions or other general terms and conditions of the Client are expressly rejected. They bind TSS only if and insofar as TSS has expressly accepted their applicability in writing.

2.6 In the event of conflict, the following order of precedence applies, the first-mentioned prevailing:
(a) the written Agreement or order confirmation;
(b) chapters B, C and D, each for the part of the assignment to which that chapter relates;
(c) chapter E;
(d) chapter A.

2.7 If an assignment comprises several types of services, the chapter written for each component applies to that component. Chapter E additionally applies to transport, build-up, breakdown and crew, regardless of the component to which that work relates. In the event of conflict between chapter E and chapter B, C or D, the latter chapter prevails.

2.8 If TSS does not always require strict compliance with these terms, TSS does not thereby lose the right to require strict compliance in other cases.

2.9 If a provision is null and void or is annulled, the remaining provisions remain in full force. The parties will then consult on a replacement provision that approximates the purpose and intent of the original provision as closely as possible.

2.10 In the event of ambiguity about the interpretation of a provision, or in a situation not provided for in these terms, the assessment is made in the spirit of these terms.

2.11 In the event of a translation of these terms, the Dutch text prevails.

2.12 Insofar as a provision conflicts with mandatory law, that provision does not apply and the statutory rules apply instead. The remaining provisions remain in full force.

2.13 If an amount or percentage in these terms or in an offer is placed between square brackets and has not been filled in, the corresponding rate from the Price List applies. If no rate is included there either, the rate customarily applied by TSS in comparable cases applies.

Article 3. Quotations, offers and conclusion of the Agreement

3.1 All offers and quotations of TSS are without obligation and valid for fourteen days, unless a different period is stated therein.

3.2 Every offer is made subject to availability of Equipment, Products, Artists and crew.

3.3 Stated prices are exclusive of VAT and exclusive of travel, accommodation, transport, parking, storage, waste-disposal and administration costs, unless expressly stated otherwise.

3.4 TSS is not bound by an offer if the Client can reasonably understand that it contains an obvious mistake or clerical error.

3.5 A composite quotation does not oblige TSS to perform part of the assignment at a corresponding part of the quoted price. Offers do not automatically apply to future assignments.

3.6 The Agreement is concluded at the moment the Client accepts the offer in writing, or at the moment TSS commences performance. If the acceptance deviates from the offer on minor points, the Agreement is concluded in accordance with the acceptance, unless TSS promptly states in writing that it does not agree. An acceptance that deviates on material points, including deviations regarding price, scope, date, Location, liability or payment terms, qualifies as a new offer and does not bind TSS.

3.7 The Client is responsible for the correct name and details on the assignment. After conclusion of the Agreement, TSS invoices the contract holder as stated in the order confirmation. A change of the invoicing name or a transfer of the Agreement to a third party is possible only with the prior written consent of TSS and does not release the original contract holder from its obligations, unless TSS expressly releases it in writing.

3.8 Anyone acting on behalf of the Client warrants that they are authorised to do so. In the absence of adequate authority of representation, they are personally bound by the Agreement.

Article 4. Performance, deadlines, additional work and price changes

4.1 TSS performs the Agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.

4.2 TSS is entitled to have work carried out by third parties. The applicability of articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.

4.3 Stated periods are indicative and never strict deadlines, with the exception of the Execution Date and the agreed performance and build-up times. If an indicative period is exceeded, the Client must give TSS written notice of default and allow a reasonable period for performance.

4.4 The Client provides in good time all information necessary for the performance, including dimensions, drawings, power supply, accessibility of the Location, noise limits and applicable house rules. TSS is not liable for damage arising from incorrect or incomplete information provided by the Client. Additional costs arising therefrom are charged at the rates in the Price List.

4.5 The Client provides free of charge the facilities that TSS staff reasonably require, including access to the Location, power, loading and unloading facilities, a safe working environment, sanitary facilities and drinking water.

4.6 TSS is entitled to perform the Agreement in phases and to invoice the completed part separately. TSS may suspend performance of a subsequent phase until the Client has approved the previous phase in writing.

4.7 Additional Work is carried out after a written instruction from the Client. If the Client, or a person acting on their behalf at the Location whom TSS could reasonably assume to be authorised, verbally requests Additional Work and TSS carries it out, the Client is obliged to pay for it at the rates in the Price List. TSS records verbally instructed Additional Work in writing as soon as possible, and at the latest within five working days after the Execution Date. TSS is not obliged to carry out Additional Work and may refuse a request to do so without being in default.

4.8 TSS informs the Client in advance of the price of the Additional Work. Additional Work whose price exceeds fifteen percent of the original contract sum is confirmed in writing in advance, unless the nature of the circumstances requires immediate action. The Client cannot terminate the Agreement on account of a price increase resulting from Additional Work instructed by the Client. If the Additional Work was not instructed by the Client but has proven necessary, and the resulting price increase exceeds fifteen percent of the original contract sum, the Client is entitled to refuse the Additional Work in writing within five working days of being notified or, if performance of the Agreement is not possible without that Additional Work, to terminate the Agreement for the part not yet performed. The part performed up to that moment remains payable.

4.9 TSS is entitled to pass on cost-increasing circumstances arising after the conclusion of the Agreement, including demonstrable changes in purchase prices, exchange rates, wages, fuel prices, insurance premiums and government levies. TSS notifies the Client thereof in writing and with reasons, stating the cause, the calculation method and the effective date, no later than fourteen days before the effective date. Only the demonstrable cost increase is charged, without any margin on it.

4.10 If a price increase as referred to in article 4.9 exceeds ten percent and takes place within three months after the conclusion of the Agreement, the Client is entitled to terminate the Agreement in writing within fourteen days of the notification, unless TSS is still willing to perform the Agreement at the original price, or the increase results from a statutory obligation resting on TSS. The part already performed remains payable in that case.

4.11 If the Location is not ready or not accessible at the agreed time, TSS charges a waiting rate of EUR 65 per person per commenced hour, without prejudice to the right to compensation for revisit and follow-up costs.

Article 5. Obligations and responsibilities of the Client

5.1 The Client arranges all required permits, exemptions and notifications, and warrants compliance with applicable noise limits, fire-safety regulations and safety regulations at the Location.

5.2 The Client provides a sound, earthed and adequately dimensioned power supply with, where necessary, separate circuits for audio and lighting. Damage or malfunctions resulting from a defective power supply are for the Client’s account.

5.3 The Client arranges security and dry, lockable and safe storage of all Equipment supplied by TSS during transport, build-up, days of use and breakdown.

5.4 At outdoor locations, the Client ensures that the Equipment does not run any risk of damage from weather conditions. TSS is entitled to halt the build-up or the performance in whole or in part if weather conditions, including wind, precipitation, thunderstorms or extreme temperatures, endanger the safety of persons or Equipment. Insofar as circumstances permit, TSS will consult the Client in advance. This does not release the Client from their payment obligation.

5.5 The surface at the Location is paved, level and of sufficient load-bearing capacity. TSS assumes that the Equipment can be rolled to within twenty-five metres of the place of destination and that TSS vehicles, with a height of up to 285 cm, can be parked on the premises.

5.6 TSS is entitled to suspend or halt performance immediately in the event of an unsafe situation, aggression or threats towards crew or Artist, excessive alcohol or drug use by persons disrupting the performance or safety, or the absence of agreed facilities. TSS will first point out the situation to the Client and, insofar as circumstances permit, give them the opportunity to remedy it within a reasonable period. The agreed fee remains payable in full in that case.

Article 6. Prices, invoicing and payment

6.1 All prices and rates are in euros and exclusive of VAT.

6.2 TSS is entitled to require a down payment. This amounts to no more than fifty percent of the agreed sum for rental and Bookings, and no more than seventy-five percent for sales, custom work and installations. TSS does not commence performance, production or procurement before the down payment has been received.

6.3 Payment is made within fourteen days of the invoice date, without discount, suspension or set-off.

6.4 If the payment term is exceeded, the Client is in default by operation of law, without notice of default being required. The Client then owes the statutory commercial interest referred to in article 6:119a of the Dutch Civil Code, as well as extrajudicial collection costs of fifteen percent of the principal sum with a minimum of EUR 150, without prejudice to the actual judicial and enforcement costs incurred.

6.5 Objections to the amount or content of an invoice must be notified to TSS in writing and with reasons within fourteen days of the invoice date. Objections do not suspend the payment obligation. The undisputed part of the invoice remains fully due. After this period has expired, the invoice is deemed to have been established between the parties, unless the Client demonstrates that they could not reasonably have reported the objection earlier.

6.6 TSS is entitled to invoice periodically, in phases and in advance.

6.7 Payments are first applied to costs, then to accrued interest and finally to the principal of the oldest outstanding invoice, regardless of any different designation by the Client.

6.8 TSS is entitled to require security for the performance of the Client’s obligations if it has reasonable grounds to do so, and to suspend the performance of any subsequent assignment of the same Client as long as due and payable invoices remain unpaid.

6.9 If the Agreement is concluded with several Clients, they are jointly and severally liable for the performance of all obligations arising from it.

Article 7. Suspension, termination, cancellation, amendment and rescheduling

7.1 TSS is entitled to suspend the performance of its obligations or to terminate the Agreement with immediate effect if the Client fails to perform its obligations, fails to perform them in full or on time, if circumstances arising after the conclusion of the Agreement give TSS good reason to fear that the Client will not perform, or if the security requested under article 6.8 is not provided or is inadequate.

7.2 In the event of liquidation, bankruptcy, suspension of payments, debt restructuring or attachment at the Client’s expense, all claims of TSS become immediately due and payable and TSS is entitled to end the Agreement with immediate effect, without any obligation to pay damages.

7.3 Cancellation by the Client must be made in writing. The day on which the cancellation notice reaches TSS counts as the cancellation date. Cancellation includes any termination, withdrawal or calling-off of the assignment by the Client, regardless of the name used for it.

7.4 In the event of cancellation, the scales in article 21 (rental), article 24 (custom work) or article 32 (Bookings) apply. In addition to the compensation due under the scale, the following are charged: work already performed, reserved labour time, Equipment, Artists and services hired from third parties, travel, accommodation and transport costs already incurred, and custom-made goods, in each case insofar as TSS has actually incurred these costs or remains liable for them and cannot undo them.

7.5 The compensation under article 7.4 together never exceeds the agreed sum, increased by the demonstrable costs that TSS remains owing to third parties. TSS deducts from the compensation: the costs it saves as a result of the cancellation, and the proceeds of a replacement assignment it realises on the freed date with the same Equipment, Artist or crew. TSS is entitled to claim its full actual damage instead of the scale, but not both side by side.

7.6 In the event of partial cancellation, reduction of the scope of the assignment or change of Location, the following applies. The scale is applied to the cancelled or lapsed part of the assignment. A reduction in scope of more than twenty-five percent of the contract sum qualifies as partial cancellation. A change of Location is possible only with the written consent of TSS; TSS will consent if performance at the new Location is reasonably possible, the additional costs being for the Client’s account. If TSS does not consent, the change qualifies as cancellation.

7.7 Rescheduling of the Execution Date qualifies as cancellation, unless TSS consents to it in writing. TSS will cooperate with rescheduling insofar as the Equipment, the Artist and the crew are available on the new date, once only, and provided the new date falls within twelve months after the original Execution Date. Down payments already made remain in place and additional costs are for the Client’s account.

7.8 Circumstances on the Client’s side do not qualify as force majeure and do not release the Client from the cancellation compensation. These include in any case: disappointing ticket sales or visitor numbers, failure to obtain or withdrawal of a permit for a cause attributable to the Client, loss of financing or sponsorship, cancellation by guests, and the discontinuation or change of the Client’s business operations.

7.9 Termination by TSS on account of a failure attributable to the Client does not affect TSS’s right to full compensation.

Article 8. Force majeure

8.1 TSS is not obliged to perform any obligation if it is prevented from doing so by force majeure. In addition to what is understood by force majeure in law and case law, force majeure includes: unavailability or illness of crew or Artists, failures of suppliers, transport disruptions, serious traffic obstructions, strikes, power, network and cyber failures, theft or fire, extreme weather conditions, epidemics, and government measures including a ban on events or gatherings.

8.2 During the period that the force majeure continues, TSS may suspend the obligations under the Agreement. If this period lasts longer than one month, or if it is established earlier that performance on the Execution Date is permanently impossible, each party is entitled to terminate the Agreement in writing, without any obligation to compensate the other party for damage.

8.3 In the event of termination due to force majeure, settlement takes place as follows. Insofar as TSS has already partially performed its obligations or will be able to perform them, and independent value can be attributed to that part, TSS is entitled to invoice that part separately. In addition, the costs that TSS demonstrably remains owing to third parties and cannot undo remain payable. Any surplus of amounts already paid by the Client is refunded within thirty days after the termination. This paragraph also applies to Bookings; article 32.5 is interpreted in accordance with this paragraph.

8.4 In the event of force majeure, TSS will make every effort to offer replacement Equipment, an equivalent Artist or a new Execution Date. The Client cannot derive any right to damages from the failure of this effort.

Article 9. Inspection, complaints and lapse periods

9.1 The Client inspects the delivered goods and services as soon as reasonably possible and checks whether quality and quantity correspond to what was agreed. For rental this inspection takes place when the Equipment is made available, for sales upon delivery of the Products, for installation upon notification of completion, and for Bookings and production during performance at the Location.

9.2 Complaints about performance at the Location must be reported by the Client immediately during the build-up or the event to the TSS representative present, so that TSS is able to remedy the defect on the spot. If the Client does not report a defect during performance although this could reasonably be expected, the Client’s right to repair, replacement, price reduction or damages lapses insofar as TSS has been prejudiced by the failure to report, in particular because it was denied the opportunity to remedy the defect or the cause can no longer be established.

9.3 Visible defects must be reported in writing within three days after delivery. Non-visible defects must be reported in writing within fourteen days after discovery. The report contains as detailed a description of the defect as possible.

9.4 The Client gives TSS the opportunity to investigate the complaint and to remedy the defect. If the Client fails to do so, or has repair work carried out by third parties without the prior written consent of TSS, the Client’s right to repair, replacement, price reduction or damages lapses insofar as TSS has been prejudiced thereby. An exception applies if immediate intervention was necessary to prevent greater damage or to safeguard safety, in which case the Client notifies TSS as soon as possible.

9.5 If a complaint proves unfounded, the reasonable costs of investigation are for the Client’s account, provided TSS has pointed out this possibility to the Client in advance.

9.6 A timely complaint does not suspend the Client’s payment obligation, except as provided in article 6.5 with regard to the disputed part.

9.7 In deviation from the statutory limitation periods, every claim and every defence of the Client against TSS and against the third parties engaged by TSS in the performance lapses twelve months after it arises. This paragraph does not apply to claims arising from intent or deliberate recklessness of TSS or from death or personal injury; the statutory periods apply to those claims.

Article 10. Liability

10.1 TSS is liable for direct damage resulting from a failure attributable to it. Direct damage means the reasonable costs of establishing the cause and extent of the damage, the reasonable costs of making TSS’s performance conform to the Agreement, and the reasonable costs of preventing or limiting direct damage.

10.2 TSS is not liable for indirect damage, including consequential damage, lost profit, lost turnover, lost sponsorship or hospitality income, lost savings, fines imposed on the Client, reputational damage, costs of replacement Artists or suppliers, and damage due to business interruption or closure of the Location.

10.3 If TSS is liable, its liability is limited to the amount paid out by its liability insurer in the case concerned, increased by the excess (deductible). If no payment is made, the liability is limited to twice the invoice value of the assignment concerned, or at least to that part of the assignment to which the liability relates, with a maximum of EUR 25,000 per event.

10.4 TSS is not liable for damage resulting solely from incorrect or incomplete information provided by the Client, from acts or omissions of third parties engaged by the Client, or from defective facilities at the Location for which the Client is responsible.

10.5 TSS is not liable for damage to floors, walls, ceilings, frames, cable ducts, structures or finishes that is the inevitable consequence of the agreed manner of transport, build-up, assembly, cabling or breakdown, or of a defect in the structural condition of the Location. This exclusion does not apply to damage resulting from careless conduct of TSS or its crew. Floor protection and structural provisions are for the Client’s account, unless included in the quotation.

10.6 TSS is not liable for loss of data or of audio and video files, unless that loss results from a failure attributable to TSS and the Client demonstrates that they took reasonable security and back-up measures.

10.7 The limitations and exclusions in this article do not apply:

(a) if the damage results from intent or deliberate recklessness of TSS or its managers;

(b) in the event of death or personal injury;

(c) insofar as mandatory law, including the statutory rules on product liability, precludes such limitation or exclusion.

10.8 The Client indemnifies TSS against claims of third parties related to the performance of the Agreement whose cause is not attributable to TSS, including claims of visitors, local residents, the Location and enforcement authorities.

Article 11. Insurance

11.1 The Client has adequate liability insurance and provides evidence of it on TSS’s first request.

11.2 The Client insures the Equipment from the moment it is made available until the moment of its return receipt by TSS against theft, loss, fire, water and other damage, at replacement value. Any excess (deductible) is for the Client’s account.

11.3 Taking out event or cancellation insurance is the Client’s responsibility. The absence thereof does not release the Client from their obligations towards TSS.

11.4 TSS has business liability insurance and provides an insurance certificate on request.

Article 12. Intellectual property, music rights and visual material

12.1 All intellectual property rights in quotations, designs, drawings, acoustic calculations, technical specifications, plots, brochures and other documents produced by TSS are vested in TSS. The Client does not reproduce these or provide them to third parties, and does not use them to request quotations from third parties.

12.2 All fees payable under BUMA, STEMRA and SENA arising from the playing or recording of music, mechanically or live, in public or private spaces, are for the Client’s account. The Client indemnifies TSS against any claim in this respect.

12.3 TSS is entitled to make photo and video material of the installations and Equipment it has supplied and of their set-up at the Location, and to use this for its own promotional purposes. The Client may object to this in writing prior to the Execution Date. Article 12.5 applies to material in which an Artist is recognisably depicted.

12.4 Making, broadcasting, streaming or exploiting audio or video recordings of a performance is permitted only with the prior written consent of TSS and of the Artist. The rights in the performance and in the recordings made of it are vested in the Artist, unless otherwise agreed in writing. Consent for a specific use does not include consent for any other use.

12.5 TSS uses visual material in which an Artist is recognisably depicted only insofar as the Artist has given consent. The Client uses such material only within the limits of article 31.

12.6 The Client is responsible for obtaining the consent required for making and using visual material in which visitors, staff or other persons present are recognisably depicted, and for the associated provision of information. The Client indemnifies TSS against claims arising therefrom. If TSS crew members are recognisably depicted in material published by the Client, the Client removes that material on TSS’s first request.

12.7 Video files that TSS creates in the context of a project are retained for thirty days and then deleted, unless otherwise agreed in writing.

Article 13. Non-solicitation and non-circumvention

13.1 For twenty-four months after the Execution Date, the Client does not book or contract, directly or indirectly, any Artist whom they got to know or booked through TSS, without the involvement of TSS, unless TSS has given prior written consent. This prohibition does not apply to an Artist with whom the Client demonstrably already had a business relationship before the involvement of TSS.

13.2 During the period referred to in article 13.1, the Client refrains from asking the Artist, their management or their crew for contact details, from speaking or negotiating with them about availability, fees, dates or conditions of a future performance, or from making them an offer to that end. If the Artist approaches the Client about this on their own initiative, the Client refers them to TSS and informs TSS without delay. This paragraph does not preclude customary contact at the Location that does not relate to a future performance.

13.3 Contact details and other information that the Client receives in the context of the Booking, including the rider, the call sheet and the details of tour manager, driver or crew, are used by the Client exclusively for the performance of that Booking. The Client does not provide these to third parties and does not use them to make contact, personally or through another, about a future performance.

13.4 The prohibitions in this article also apply to acts performed by the Client through a third party, and to acts of companies affiliated with the Client, of the operator of the Location and of producers, bookers or intermediaries engaged by the Client, insofar as the Client has influence over them.

13.5 For twelve months after the Execution Date, the Client does not employ or directly contract employees, freelancers or technicians of TSS without the prior written consent of TSS. This prohibition does not apply if the person concerned responded on their own initiative, and without targeted approach by the Client, to a public vacancy.

13.6 In the event of a breach of articles 13.1 through 13.5, the Client forfeits an immediately payable penalty of EUR 10,000 per breach, increased by EUR 500 for each day the breach continues, with a maximum of EUR 25,000 per breach. The penalty replaces damages, unless the actual damage is higher, in which case TSS may claim its full damage instead of the penalty.

Article 14. Confidentiality and personal data

14.1 The parties treat all confidential information they receive from each other as confidential. This includes in any case fees, purchase and sales rates, riders, technical documentation and customer data.

14.2 TSS processes personal data in accordance with the General Data Protection Regulation (GDPR). Processing takes place for the purposes of the conclusion and performance of the Agreement, invoicing and collection, compliance with statutory obligations and the pursuit of the legitimate interests of TSS.

14.3 The purposes, legal bases, retention periods, recipients and the rights of data subjects, including the right of access, rectification, erasure, restriction, objection and data portability, are described in the TSS privacy statement, available via www.thesoundsociety.nl. The privacy statement is sent free of charge on first request.

14.4 If the Client provides personal data of third parties to TSS, including data of contact persons, crew or visitors, the Client warrants the lawfulness of that provision and indemnifies TSS against claims arising therefrom.

Article 15. Amendment of the terms

15.1 TSS is entitled to amend these terms. Amended terms apply only to Agreements concluded after the amended terms have been provided in accordance with article 2.4. The version applicable at the time of conclusion continues to apply to Agreements already concluded.

15.2 The most recent version can be consulted via www.thesoundsociety.nl and is sent free of charge on first request.

Article 16. Applicable law and disputes

16.1 All Agreements and legal relationships between TSS and the Client are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is excluded.

16.2 The parties will make every effort to settle a dispute by mutual consultation before submitting it to the courts. This provision does not affect the right of either party to apply to the courts at any time, in particular for interim relief or to prevent limitation or lapse of rights.

16.3 Disputes are submitted exclusively to the District Court of Amsterdam, without prejudice to TSS’s right to submit the dispute to the court having jurisdiction by law.

CHAPTER B. RENTAL OF EQUIPMENT

This chapter applies to all rental of Equipment, both dry-hire and rental including operation and technical support, in addition to chapter A.

Article 17. Rental period, collection and return

17.1 The minimum rental period is one day. The rental period commences at the moment the Equipment is made available to the Client and ends at the moment the Equipment has been received at TSS’s premises. The inspection referred to in article 19.3 takes place after the end of the rental period and does not extend the rental period.

17.2 In the case of dry-hire, the Equipment is collected on the agreed day between 13:00 and 18:00 and returned no later than the return date between 09:00 and 12:00, unless otherwise agreed in writing. In the case of transport by TSS, the driver must be able to load and unload at the agreed times.

17.3 If the rental term is exceeded, a full day rate is charged per commenced day. If the term is exceeded by more than two days, the total rental sum, including the additional rental days, is increased by twenty-five percent. If the Equipment is not returned at all, the Client owes one month’s rent and article 19.7 applies to the value of the Equipment.

17.4 All Equipment is packed in flight cases or racks and must also be transported and returned as such. Cabling is returned coiled and secured, in the manner in which it was supplied.

17.5 Costs of cleaning, of restoring non-conforming packaging and of completing incompletely returned sets are charged on the basis of the costs actually incurred.

Article 18. Use of the Equipment

18.1 The Client uses the Equipment exclusively for the purpose for which it was manufactured, in accordance with the manuals and specifications, and exclusively by or under the supervision of persons sufficiently qualified to do so.

18.2 The Equipment is used at the Location stated in the Agreement. Use at another location is permitted only with the prior written consent of TSS.

18.3 The Client is not permitted to modify the Equipment, to apply adhesives, stickers or inscriptions to it, or to open it. Having repairs carried out personally or by third parties is not permitted without the prior written consent of TSS, except as provided in article 9.4.

18.4 Subletting or otherwise giving the Equipment into the use of third parties is prohibited without the prior written consent of TSS.

18.5 The Client remains fully liable towards TSS, even if the Equipment is actually operated, transported or stored by third parties.

18.6 Before the start of the rental, the Client shows a valid proof of identity. From new Clients, TSS may require full payment in advance, an extract from the trade register and verification of bank details. TSS records from a proof of identity only the data it needs for identification and does not make a copy of it, except insofar as required by law.

Article 19. Risk, damage, loss and deposit

19.1 The risk of loss, theft, disappearance, damage and depreciation of the Equipment passes to the Client at the moment it is made available and remains with the Client until the moment of actual return receipt by TSS, including during transport, storage, build-up and breakdown.

19.2 The Client reports damage, loss, theft or disappearance to TSS in writing within twenty-four hours of discovery. In the event of loss, theft or embezzlement, the Client files a police report as soon as possible and provides TSS with a copy of the official report.

19.3 TSS inspects the returned Equipment within five working days of return receipt and reports any damage found to the Client in writing within that period. Damage reported within that period is presumed to have arisen during the rental period, subject to proof to the contrary by the Client. If TSS does not report the damage within that period, its claim lapses, unless it concerns a defect that could not reasonably have been discovered during that inspection and TSS reports it within five working days of discovery.

19.4 The presumption in article 19.3 does not apply to normal wear and tear, to defects already present when the Equipment was made available, and to damage that cannot reasonably be attributed to the Client. At the Client’s request, TSS records the condition of the Equipment in writing or photographically when it is made available.

19.5 The extent of the damage is determined by TSS or by a technician or supplier designated by TSS. The Client is entitled to have a counter-assessment carried out at their own expense. The reasonable costs of the assessment by TSS are for the Client’s account in the case of damage attributable to the Client.

19.6 In the event of damage, the Client compensates the repair costs, including parts, labour, investigation and transport, as well as the loss of rental income during the period in which the Equipment cannot be rented out. The loss of rental income is calculated at the applicable day rate over the actual repair period, with a maximum of thirty days, and only insofar as TSS could demonstrably have rented out the Equipment during that period.

19.7 If repair is not possible or the repair costs exceed the replacement value, or if the Equipment is missing, lost or not returned, the Client compensates the replacement value. Replacement value means the amount needed to purchase comparable Equipment of the same type, quality and condition at the time of the damage event. Repair costs and replacement value are not charged side by side. The amount paid out by TSS’s insurer in this respect, as well as the residual value of the damaged Equipment, is deducted from the compensation.

19.8 TSS is entitled to require a deposit. The deposit is repaid within fourteen days after return and inspection, subject to set-off of due and payable amounts, damage and costs. In the event of damage, the deposit is repaid as soon as the costs have been determined, and at the latest within thirty days of return receipt, subject to set-off of the determined amount.

19.9 An agreed damage waiver or excess covers only damage from normal use and does not cover: loss, theft, disappearance, liquid and water damage, damage caused by intent or gross negligence, and damage to cabling and accessories. When offering the damage waiver, TSS expressly points out these exclusions to the Client.

19.10 TSS is not liable for damage caused by or with the Equipment to the Client or to third parties, except as provided in article 10.

Article 20. Service, malfunctions and temporary installation

20.1 The Equipment included in the quotation is rented out as equipment in a temporary installation.

20.2 TSS has a breakdown service that can be reached by telephone during the rental period seven days a week and twenty-four hours a day via +31 6 25128607. Malfunctions within the Netherlands resulting from normal use and wear are remedied at TSS’s expense.

20.3 TSS responds to a malfunction report within one hour of receipt and makes every effort to remedy the malfunction within four hours of the report, either by remote repair, by repair at the Location, or by deploying replacement Equipment. If repair within that period is not reasonably possible, TSS notifies the Client without delay and offers an alternative solution. If the Equipment remains unusable for longer than four hours due to a cause attributable to TSS, the Client is entitled to a reduction of the rental price in proportion to the duration of the unusability and to the share of the Equipment concerned in the rental sum.

20.4 Malfunctions resulting from incorrect use, defective power supply, weather conditions, or acts or omissions of the Client or of third parties engaged by the Client, are remedied at the Client’s expense, including call-out charges and labour hours outside office hours. The last sentence of article 20.3 does not apply in that case.

20.5 If TSS deploys a spare unit, the Client offers the defective unit to TSS for exchange or repair without delay. Supplied spare lamps and parts are returned. Parts not returned are charged in accordance with article 19.7.

Article 21. Cancellation of rental

21.1 In the event of written cancellation of a rental agreement, the Client owes the following compensation, calculated on the agreed rental sum:

(a) more than thirty days before the start of the rental period: twenty-five percent;
(b) from thirty to eight days before the start: fifty percent;
(c) from seven to two days before the start: seventy-five percent;
(d) within forty-eight hours before the start: one hundred percent.

21.2 For Equipment hired from third parties, specially purchased parts and custom-made goods, one hundred percent is due at all times, regardless of the moment of cancellation, insofar as TSS demonstrably remains liable for those costs.

21.3 Work already performed, reserved labour time, delivery and collection costs and preparation costs are charged in addition to the compensation under paragraph 1, with due observance of articles 7.4 and 7.5.

21.4 Articles 7.5 (maximisation and set-off) and 7.6 (partial cancellation) fully apply to this article.

CHAPTER C. SALE, CUSTOM WORK AND INSTALLATION

This chapter applies to the sale of Products, including speakers and audio systems, to custom production and to fixed installations, in addition to chapter A.

Article 22. Delivery, risk and retention of title

22.1 Delivery takes place at the agreed address. The risk passes to the Client at the moment of delivery, or at the moment the Products are at their disposal and they refuse or fail to take delivery.

22.2 TSS is entitled to deliver in part deliveries and to invoice these separately.

22.3 All delivered Products remain the property of TSS until the Client has paid in full all claims of TSS under the relevant Agreement and related Agreements, including interest and costs. As long as the retention of title applies, the Client may not sell, pledge or otherwise encumber the Products.

22.4 The Client insures the Products delivered under retention of title and keeps them recognisably separate. In the event of default, bankruptcy or attachment, TSS is entitled to take back the Products.

22.5 In the case of article 22.4, the Client provides all cooperation that can reasonably be required to enable TSS to take back the Products. This means in any case: stating on first request where the Products are located, making them ready, and providing access within a reasonable period set by TSS of at least five working days, insofar as the Client is authorised to do so. If the Client is not authorised to provide access to the place where the Products are located, they will make every effort to obtain the consent of the entitled party. TSS does not take back the Products of its own accord without the consent of the entitled party; failing that consent, only the legal remedies are available to TSS. The reasonable costs of repossession are for the Client’s account.

Article 23. Payment for sale, custom work and installation

23.1 Unless otherwise agreed, the following payment arrangement applies: seventy-five percent of the contract sum upon assignment, and twenty-five percent upon notification of completion, prior to delivery or installation.

23.2 TSS does not commence production, purchasing or procurement before the down payment has been received. A delay in payment of the down payment leads to a proportional shift of the delivery and installation date.

23.3 If the delivery time exceeds three months, TSS is entitled to pass on changes in purchase prices, exchange rates, raw-material prices and levies, with due observance of articles 4.9 and 4.10.

Article 24. Custom work, finishing, tolerances and cancellation

24.1 Custom-made Products, including custom enclosures, non-standard finishes, prints, textiles and frames, cannot be returned. In the event of cancellation of a custom-work assignment, the Client owes:

(a) in the event of cancellation before the start of production: the costs of design, engineering and materials already ordered or reserved, increased by twenty-five percent of the remaining contract sum;

(b) in the event of cancellation during production: the work performed and material costs incurred up to that moment, increased by fifty percent of the part of the contract sum not yet performed;

(c) in the event of cancellation after completion: one hundred percent of the contract sum.

24.2 Articles 7.5 (maximisation and set-off) and 7.6 (partial cancellation) fully apply to article 24.1.

24.3 Colour differences between production batches, differences in wood grain, structure, gloss of finish and textiles do not constitute a defect, insofar as they fall within the margins customary in the industry. Samples and images are indicative.

24.4 Dimensions specified by the Client are assumed by TSS to be correct. TSS is not responsible for deviations between the specified and the actual dimensions at the Location. If TSS discovers an obvious inaccuracy in the specified dimensions before production, it reports this to the Client.

24.5 Deviations in dimensions of up to two percent and customary production tolerances do not entitle the Client to rejection, discount or termination, unless the deviation materially impedes the agreed function or placement.

24.6 For placement outdoors or in humid, saline or chlorinated environments, only the materials and fasteners prescribed by TSS are used, including stainless steel of grade A4 or 316. TSS provides these instructions in writing upon completion. If deviating fasteners are used, or if the maintenance prescribed by TSS is not carried out, the warranty for corrosion and its consequences lapses, insofar as that corrosion is attributable to it.

Article 25. Installation, completion and acceptance

25.1 Structural provisions, recesses, penetrations, chiselling and demolition work, cable ducts, power circuits, network infrastructure, aerial work platforms and forklifts are for the Client’s account, unless expressly included in the quotation.

25.2 If the Location is not ready for installation at the agreed time, TSS is entitled to suspend the work and to charge the costs of waiting time, revisits and rescheduling, with due observance of article 4.11.

25.3 The installation is deemed completed and accepted at the moment the Client signs the completion document for approval, or at the moment the Client takes the installation into use other than for testing purposes, or eight days after notification of completion if the Client has not raised written and reasoned objections within that period. Upon notification of completion, TSS points out this period and the consequence of its expiry to the Client.

25.4 Minor defects that do not prevent taking into use do not suspend acceptance. TSS remedies these within a reasonable period. The Client may suspend payment of a part of the contract sum proportionate to those defects until the remedy has been carried out.

25.5 Changes desired by the Client after they have approved the design, the choice of materials or the set-up in writing qualify as Additional Work.

Article 26. Warranty on Products and installations

26.1 TSS warrants for twelve months after delivery that the Products are free from material and manufacturing defects, and for twelve months after completion that the assembly, installation and calibration performed by it are free from workmanship errors. If the manufacturer’s warranty on a Product has a longer term, that term applies. The warranty comprises repair or replacement, at TSS’s discretion.

26.2 During the warranty period, the warranty covers the costs of parts, labour hours and call-out charges within the Netherlands. The warranty on design extends to the suitability of the design for the use purpose agreed in writing, based on the assumptions provided by the Client. Software supplied is covered by the warranty of its supplier; TSS assigns its claims against that supplier to the Client on request.

26.3 The warranty lapses or does not apply in the event of: normal wear and tear, overloading, incorrect amplification or incorrect settings of processors and limiters by the Client or third parties, modifications or repairs by third parties without TSS’s consent, moisture, corrosion, overvoltage, lightning strike, defective or unearthed power supply, use contrary to the specification, and external damage, in each case insofar as the defect is attributable to it.

26.4 The Client cannot invoke the warranty as long as they leave due and payable invoices of TSS relating to the Products or installation concerned unpaid.

26.5 After expiry of the warranty period, all costs of repair or replacement, including call-out charges, labour hours, administration and shipping costs, are charged.

26.6 Replaced parts become the property of TSS.

26.7 The warranty does not extend to consequential damage, including loss of turnover or closure of the Location during repair, without prejudice to article 10.

26.8 This warranty is in addition to and does not affect the statutory rights of the Client.

Article 27. Returns and crediting

27.1 This article contains a voluntary right of return granted by TSS to the Client. No rights beyond those described herein can be derived from this article.

27.2 Returns are possible only after prior written consent of TSS and quoting the return number provided by TSS. Unannounced or unstamped shipments are refused.

27.3 Returned Products are unused, undamaged, complete and in the original packaging, and are registered with TSS within fourteen days after delivery.

27.4 TSS is entitled to charge fifteen percent handling and restocking costs, as well as the costs of transport.

27.5 Crediting takes place within fourteen days after receipt and inspection of the return shipment. The credit note states the items received, the quantities, the unit prices and the costs deducted. Objections to the credit note are reported in writing and specified within fourteen days of its date; after that period has expired, the credit note is deemed to have been established between the parties, unless the Client demonstrates that they could not reasonably have reported the objection earlier.

27.6 Custom work, specially ordered items and opened software are excluded from the right of return under this article.

CHAPTER D. BOOKING OF ARTISTS, DJS AND LIVE ENTERTAINMENT

This chapter applies to all Bookings of Artists through TSS, in addition to chapter A.

Article 28. Capacity of TSS and of the Artist

28.1 TSS acts as the contractual counterparty of the Client and engages the Artist for the performance of the Booking, unless it has been expressly agreed in writing that TSS acts solely as an intermediary. In the latter case, the agreement is concluded between the Client and the Artist and TSS is bound only by what it has promised as intermediary.

28.2 The parties do not intend to create an employment contract between the Client and the Artist. The Client gives the Artist no instructions beyond what has been agreed in writing regarding performance times, Location and artistic content, and conducts itself in such a way that the creation of a relationship of authority is avoided. The parties acknowledge that the qualification of the legal relationship is ultimately determined by the actual performance and the statutory standards. If the Client acts contrary to this paragraph and this results in an obligation to pay payroll taxes or contributions, that obligation is for the Client’s account and the Client indemnifies TSS against it.

28.3 The Artist determines the artistic content of the performance. The Client cannot demand changes to repertoire, style or genre beyond what has been agreed in writing.

28.4 The Booking is person-specific. In the event of illness, unavailability, force majeure or another compelling reason, TSS is entitled, after consultation with the Client, to engage a replacement Artist who is equivalent in style, level and renown. The Client cannot terminate the Agreement free of charge for that reason, unless the replacement offered is not equivalent; in that case, settlement takes place in accordance with article 8.3.

Article 29. Fee, costs and payment

29.1 The fee is exclusive of VAT and exclusive of travel, accommodation, visa, transport and catering costs, unless expressly stated otherwise.

29.2 Unless otherwise agreed, fifty percent of the fee is paid upon conclusion of the Booking and the remainder no later than seven days before the Execution Date. In the event of late payment, TSS is entitled to suspend or cancel the performance, after having given the Client written notice and a period of at least two working days, without refund and without being obliged to pay damages.

29.3 Performance times are recorded in writing. For the purposes of this paragraph, the hourly rate means: the agreed fee divided by the agreed number of performance hours. Exceeding the agreed performance time at the Client’s request is charged at the hourly rate, pro rata per commenced half hour. Overruns take place only with the prior consent of TSS and the Artist.

29.4 The Client ensures timely provision of information necessary for travel, accommodation and accreditation.

Article 30. Obligations of the Client at performances

30.1 The Client implements the technical rider and the specifications provided. Insofar as TSS does not supply the technology, the Client warrants a professional, sound and working sound and lighting installation, with adequate monitoring and a stable, lit DJ booth or stage of sufficient dimensions. If the Client cannot implement a part of the rider, they report this no later than seven days before the Execution Date, so that the parties can reach a solution in consultation.

30.2 The Client provides free of charge: a lockable dressing room, catering and drinking water in accordance with the rider, sanitary facilities, parking near the entrance and a loading and unloading facility.

30.3 The Client reports in writing, no later than seven days before the Execution Date, the presence of a sound limiter, as well as all applicable noise limits and end times. TSS and the Artist are not liable for loss of quality or limitations resulting therefrom, and the fee remains payable in full. If the report is not made, the consequences thereof, including damage to Equipment caused by an incorrectly adjusted or missing limiter, are for the Client’s account.

30.4 The Client warrants the safety of the Artist, the crew and the Equipment, and ensures adequate security, crowd management and supervision.

30.5 The Artist is entitled to interrupt or stop the performance in the event of an unsafe situation, aggression or intimidation, inadequate technical facilities or exceeding of the agreed end time. Insofar as circumstances permit, the Client is first given the opportunity to remedy the situation within a reasonable period. The full fee remains payable in that case.

30.6 The use of equipment brought by the Artist by third parties is not permitted without TSS’s consent.

Article 31. Promotion and recordings

31.1 The Client uses the name, visual material and logo of the Artist exclusively for promotion of the event concerned and exclusively in accordance with the materials supplied by TSS and the name credit and design specified by TSS.

31.2 In the event of cancellation, the Client immediately ceases all use of the Artist’s name and visual material.

31.3 The use of the Artist’s name or visual material for sponsorship purposes, brand associations or ticketing outside the event is permitted only with the prior written consent of TSS.

31.4 Article 12.4 applies to recordings and broadcasting of the performance.

Article 32. Cancellation and rescheduling of Bookings

32.1 In the event of cancellation, the down payment remains due, with due observance of article 7.5.

32.2 In the event of written cancellation by the Client, the following compensation is due, calculated on the agreed fee:

(a) more than sixty days before the Execution Date: twenty-five percent;
(b) from sixty to thirty-one days before the Execution Date: fifty percent;
(c) from thirty to fifteen days before the Execution Date: seventy-five percent;
(d) fourteen days or less before the Execution Date: one hundred percent.

32.3 In addition to the compensation under paragraph 2, the costs already incurred are charged, including travel and accommodation costs, visa costs, production costs, and Artists and technology hired from third parties, with due observance of articles 7.4 and 7.5.

32.4 Article 7.8 applies in full: circumstances on the Client’s side do not qualify as force majeure.

32.5 In the event of cancellation by TSS or the Artist due to force majeure, TSS offers an equivalent replacement or an alternative date. If the parties do not reach agreement on this, settlement takes place in accordance with article 8.3.

32.6 Articles 7.6 and 7.7 apply to rescheduling of the Execution Date, to partial cancellation and to a change of Location.

32.7 The non-solicitation and non-circumvention clause of article 13 fully applies to Bookings.

CHAPTER E. PRODUCTION, TRANSPORT AND WORK ON LOCATION

This chapter applies to transport, build-up, breakdown, crew and production work on location, in addition to chapters A through D.

Article 33. Transport, loading and unloading

33.1 The rates stated in the quotation assume that the Equipment can be rolled to within twenty-five metres of the place of destination, without stairs and with the use of a lift of sufficient dimensions.

33.2 Delivery or collection outside TSS’s regular working hours, Monday through Friday between 09:00 and 18:00, takes place at the applicable evening or weekend rate, with a minimum charge of one hour at EUR 65 per person per hour.

33.3 If the driver or crew has to wait because no one is present, the Location is not accessible or the Equipment is not ready, a waiting rate of EUR 65 per person per commenced hour applies.

33.4 The stated rates are exclusive of parking costs. TSS assumes that the vehicles can be parked on the premises of the Location. Parking costs are charged afterwards on the basis of the costs actually incurred. In most parking garages, TSS vehicles cannot be parked due to a height of 285 cm.

33.5 The Client arranges the necessary exemptions, loading and unloading areas and access passes in good time.

Article 34. Crew, working hours and recalculation

34.1 A crew day is a maximum of ten hours, including breaks. Hours beyond that are charged at one hundred and fifty percent of the hourly rate in the Price List. For work between 00:00 and 06:00, one hundred and fifty percent of that hourly rate also applies. Surcharges are not applied side by side; where they coincide, the highest applies.

34.2 Unless expressly included in the quotation, the following are not included: floor-protection materials, structural provisions, aerial work platforms and forklifts, disposal costs of waste including carpet, textiles, wood, metal, tape and protective film, and costs of catering, hotel stays and flights.

34.3 In determining the labour required, TSS assumes that the work can be carried out from the fixed floor, with the structures to be worked on located at a height between 80 cm and 120 cm above that floor. If the work can only be carried out at a greater height or from an aerial work platform, scaffolding or ladder, this qualifies as Additional Work.

34.4 TSS accepts no responsibility for carpet laid, its fastening or its coming loose, nor for damage arising directly or indirectly from the laying or removal of carpet, except in the case of careless conduct by TSS or its crew. The floor on which a stage is built is paved, accessible and of sufficient load-bearing capacity.

34.5 Additional hours, consumption, damage and other recalculable items are invoiced within thirty days after the end of the project, with a specification of the underlying items.

Article 35. Final provision

35.1 These terms can be consulted via www.thesoundsociety.nl and are provided in accordance with article 2.4 before or upon conclusion of the Agreement. They are sent free of charge on first request.

35.2 This version bears number 3.2, enters into force on 1 January 2026 and replaces all previous versions.