KEVIN FORBES

EXCLUSIVE-SOUND LIVE CONCEPTS · MUSIC PRODUCTION

General Terms and Conditions

Contracting party: Kevin Forbes, sole proprietor, trading as “EXCLUSIVE-SOUND”, Gelderner Weg 14, 40670 Meerbusch, Germany, VAT ID DE367899743 (hereinafter “EXCLUSIVE-SOUND”)

As of: October 2026

This English version is provided for convenience only. In case of any discrepancy, the German version shall prevail.

Section 1 Scope and Subject Matter

  1. These Terms apply to contracts for live music productions, concerts and other live entertainment services provided by EXCLUSIVE-SOUND.
  2. The subject matter is the agreed overall musical production. Depending on the engagement, it comprises in particular the artistic concept and direction, the selection and engagement of the artists, organisational and technical production planning, and the performance of the event.
  3. The nature, scope and specific requirements of the production are set out in the offer and the order confirmation (together the “Engagement”). Individual agreements take precedence over these Terms.
  4. The Client’s own terms and conditions apply only if EXCLUSIVE-SOUND expressly agrees to them in text form (e.g. by email).

Section 2 Conclusion of Contract

  1. The contract is concluded when the Client accepts a binding offer from EXCLUSIVE-SOUND in text form.
  2. EXCLUSIVE-SOUND confirms the Engagement in text form. The order confirmation states at least the total fee, the payment dates as calendar dates, the artists booked by name and the time frame of the event.
  3. The validity of the contract does not depend on receipt of the advance payment.

Section 3 Fee and Payment

  1. The total fee covers the services specified in the Engagement, including travel to and from the venue in accordance with Section 12. For business clients, all prices are exclusive of statutory VAT.
  2. EXCLUSIVE-SOUND must book and pay artists, service providers and technical equipment on a binding basis before the event. The fee is therefore payable in full in advance, regardless of the size of the Engagement, unless otherwise agreed:
    1. 50 % within 7 calendar days of receipt of the order confirmation and the advance invoice;
    2. the balance on the calendar date stated in the order confirmation, which falls 7 calendar days before the day of the event.
  3. Payment is deemed timely only when the amount has been credited to the account of EXCLUSIVE-SOUND. The stated calendar date applies even if it falls on a Saturday, Sunday or public holiday.
  4. Different payment terms may be agreed individually.
  5. The Client shall treat as confidential any special terms expressly marked as confidential. Disclosure to uninvolved third parties requires the prior consent of EXCLUSIVE-SOUND. Statutory disclosure obligations and disclosure to advisers bound by professional secrecy remain unaffected.

Section 4 Late Payment

  1. If a payment due is not received on time, EXCLUSIVE-SOUND may withhold its own services until payment is received. This includes in particular the travel of artists and staff, the transport of instruments and technical equipment, set-up and the performance. EXCLUSIVE-SOUND is not obliged to have artists or staff travel to the venue before payment has been received in full.
  2. EXCLUSIVE-SOUND may set the Client a grace period of three working days in text form, together with notice that it may withdraw from the contract once the period has expired.
  3. If the grace period expires without payment, EXCLUSIVE-SOUND may withdraw from the contract. EXCLUSIVE-SOUND may then claim flat-rate compensation at the rates set out in Section 5 (2), calculated as of the day of withdrawal. Section 5 (4) applies accordingly.
  4. Payments already made will be credited; any surplus will be refunded. Further statutory claims, in particular for default interest, remain unaffected.

Section 5 Cancellation by the Client

  1. The Client may terminate the contract at any time before the event. Termination must be made in text form and takes effect upon receipt by EXCLUSIVE-SOUND.
  2. In the event of termination, EXCLUSIVE-SOUND retains its claim to the fee, less any expenses saved and any income earned elsewhere. This claim is calculated on a flat-rate basis as follows, as a percentage of the total fee and counted up to the agreed day of the event:
    Receipt of termination Flat rate
    more than 180 calendar days before 20 %
    180 to 61 calendar days before 40 %
    60 to 31 calendar days before 50 %
    30 to 22 calendar days before 80 %
    21 to 15 calendar days before 90 %
    14 calendar days or less before 100 % less travel costs not incurred
  3. The flat rates take into account in particular production services already rendered, binding commitments to artists and service providers, the reservation of the date and the typically limited possibility of reassigning it.
  4. The Client remains entitled to prove that the expenses saved by EXCLUSIVE-SOUND or its income earned elsewhere exceed the amount reflected in the flat rate, and that consequently no claim or a substantially lower claim exists.
  5. Payments already made will be credited; any surplus will be refunded.

Section 6 Rescheduling

  1. Rescheduling the agreed date requires the consent of EXCLUSIVE-SOUND. There is no entitlement to rescheduling free of charge.
  2. Whether and on what terms an event is rescheduled is agreed individually. Expenses already incurred and commitments already entered into may be taken into account.
  3. If no agreement is reached, the original contract remains in force; the right of termination under Section 5 remains unaffected.

Section 7 Artistic Direction

  1. The artistic and musical direction lies with EXCLUSIVE-SOUND.
  2. Within the agreed framework, in particular as regards character, purpose and scope of the production, EXCLUSIVE-SOUND decides independently on repertoire, arrangements, interpretation and dramaturgy.
  3. The Client has no right to issue instructions on, or approve, individual artistic decisions. Song requests agreed in the Engagement will be taken into account.

Section 8 Line-up and Substitute Artists

  1. The selection and engagement of the participating artists are the responsibility of EXCLUSIVE-SOUND.
  2. EXCLUSIVE-SOUND may replace artists not named in the Engagement with artists of equivalent artistic standing. The character, scope and agreed quality of the production are preserved.
  3. Artists named in the Engagement, in particular Kevin Forbes, perform in person. A substitute is permitted only if the artist is prevented from performing for a reason for which EXCLUSIVE-SOUND is not responsible, such as illness, accident or force majeure. EXCLUSIVE-SOUND will inform the Client without delay and propose an equivalent substitute.
  4. The agreed fee remains unchanged in the event of a substitution under paragraph 3. The Client may withdraw from the contract only if EXCLUSIVE-SOUND is unable to provide an equivalent substitute; in that case, payments already made will be refunded.

Section 9 Performance Times and Schedule

  1. The time frame set out in the order confirmation forms a binding part of the agreed services.
  2. Extensions at the Client’s request are possible, subject to the availability of all participants. Their scope and fee are agreed individually, if necessary during the event.
  3. If the schedule is delayed for reasons for which EXCLUSIVE-SOUND is not responsible, and the performance consequently ends more than 60 minutes after the agreed end time, the additional time shall be remunerated separately.
  4. There is no entitlement to services outside the agreed time frame.

Section 10 Instruments and Technical Requirements

  1. The provision of instruments and technical equipment is governed by the Engagement.
  2. Piano performances by Kevin Forbes require a grand piano that is ready to play, in perfect technical condition and professionally tuned on the day of the event.
  3. EXCLUSIVE-SOUND arranges any necessary tuning where agreed; the costs are included in the fee.
  4. If the Client provides the grand piano, the Client shall ensure that it meets the requirements of paragraph 2.
  5. If an instrument provided by the Client does not meet the requirements of paragraph 2 and the defect cannot be remedied in time, EXCLUSIVE-SOUND may refuse the performance concerned. The claim to the fee remains in place; EXCLUSIVE-SOUND shall offset any expenses saved.

Section 11 Safety and Protection of the Production

  1. Within its sphere of responsibility, the Client shall provide the organisational and spatial conditions for a safe event. This includes the protection of artists, instruments and technical equipment, as well as a lockable room for instruments and personal belongings.
  2. The Client is liable in accordance with statutory provisions for damage resulting from a culpable breach of these obligations, including for persons whose fault is attributable to the Client.
  3. Further requirements are set out in the Engagement.

Section 12 Travel, Accommodation and Catering

  1. EXCLUSIVE-SOUND arranges travel to and from the venue for all participants. The costs form part of the total fee.
  2. Unless otherwise agreed, the Client provides any necessary accommodation at its own expense: a single room per person in a hotel of at least four-star category and, for events held in hotels, in the event hotel. Any deviation requires the consent of EXCLUSIVE-SOUND.
  3. The Client provides the agreed catering in the artists’ area from two hours before the start of the event and for the duration of the event.
  4. If the Client fails to provide accommodation or catering, EXCLUSIVE-SOUND may, after prior notice, make its own arrangements and charge the reasonable costs to the Client.

Section 13 Force Majeure

  1. Force majeure means events beyond the control of both parties that make the performance impossible or unreasonable, such as official bans on events, natural disasters or comparable events.
  2. In such cases, claims to performance, remuneration and restitution are governed by statutory provisions. The flat rates under Section 5 do not become payable solely because of such an event.
  3. Circumstances within the Client’s sphere of risk do not constitute force majeure, in particular low attendance, changed budgets or cancellation by third parties engaged by the Client. If the Client cancels for such reasons, Section 5 applies.
  4. Any rescheduling or adjustment of the production is subject to separate agreement.

Section 14 Audio and Video Recordings

  1. Audio and video recordings of the production, as well as their broadcast, publication, reproduction or other exploitation, require the prior express consent of EXCLUSIVE-SOUND, unless permitted by law.
  2. This applies in particular to professional photo, film, video and audio productions, livestreams and use for advertising, documentation or publication purposes.
  3. Consent may be limited to specific types of use, media, purposes and periods and may be made subject to conditions, such as the provision of copies free of charge.
  4. Consent to make a recording does not include consent to publish or otherwise exploit it.
  5. The Client is not required to prevent guests from making private recordings on mobile phones for personal use.
  6. Third-party rights remain unaffected.

Section 15 GEMA and Event Registration

  1. If the event is subject to registration, licensing or royalty obligations towards collecting societies, in particular GEMA, the Client is responsible for these, provided the Client is the organiser and nothing else has been agreed. The Client bears the fees.
  2. EXCLUSIVE-SOUND provides the programme details required for registration (set list). The Client submits the complete set list. EXCLUSIVE-SOUND does not handle registration or licensing.
  3. The Client shall indemnify EXCLUSIVE-SOUND and the participating artists against claims by GEMA and other collecting societies arising from the Client’s failure to register, late registration or incorrect registration, including reasonable costs of legal defence. This does not apply where the claim results from incorrect programme details provided by EXCLUSIVE-SOUND.

Section 16 Non-Circumvention

  1. This provision applies only to business clients.
  2. It protects artists named in the Engagement or who performed at the event, provided the contact was established through EXCLUSIVE-SOUND.
  3. Without the prior consent of EXCLUSIVE-SOUND, the Client shall not engage these artists, directly or through third parties, for live music engagements of the kind offered by EXCLUSIVE-SOUND. Booking enquiries shall be directed to EXCLUSIVE-SOUND.
  4. This obligation applies for the term of the contract and for twelve months from the agreed day of the event. If the contract ends earlier, the period begins on the day the contract ends.
  5. Business relationships demonstrably established beforehand and independently of EXCLUSIVE-SOUND are excluded.
  6. In the event of a culpable breach, claims for damages under statutory provisions are reserved.

Section 17 Liability of EXCLUSIVE-SOUND

  1. EXCLUSIVE-SOUND has unlimited liability for intent and gross negligence, for injury to life, body or health, where a guarantee has been given, and under the German Product Liability Act.
  2. In cases of simple negligence, EXCLUSIVE-SOUND is liable only for breach of material contractual obligations. These are obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Client may regularly rely. In such cases, liability is limited to the typical damage foreseeable at the time the contract was concluded.
  3. Otherwise, liability for simple negligence is excluded.
  4. These provisions also apply to the legal representatives and vicarious agents of EXCLUSIVE-SOUND.

Section 18 Special Provisions for Consumers

  1. The following provisions apply additionally and with priority to consumers within the meaning of Section 13 of the German Civil Code (BGB).
  2. All prices are final prices including VAT.
  3. Section 3 (2) (full payment in advance) also applies to consumers. Payment is deemed timely if the transfer order was issued before the due date.
  4. Section 3 (3) and (5) and Section 16 do not apply.
  5. If a contract with a consumer is concluded exclusively by email or post without a prior personal meeting, the Client receives information on the statutory right of withdrawal and a model withdrawal form together with the offer. If the Client expressly requests that EXCLUSIVE-SOUND begin performance before the withdrawal period expires, the Client shall, in the event of withdrawal, pay compensation for the services rendered up to that point. The right of withdrawal expires once the services have been performed in full.

Section 19 Final Provisions

  1. Individual agreements take precedence over these Terms.
  2. Amendments, terminations and notices of withdrawal must be made in text form.
  3. These Terms are governed by German law. For consumers, this applies only insofar as they are not deprived of the protection of mandatory provisions of the law of their country of habitual residence.
  4. If the Client is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction is Düsseldorf, Germany.
  5. Mandatory statutory provisions, in particular those protecting consumers, remain unaffected.