ALGEMENE VOORWAARDEN SHOWPONY B.V.

 GENERAL

Showpony B.V. has been happily providing services to its partners/clients since 2011 and is always very pleased with new as well as existing orders and clients.

Showpony offers a large network of hosts, models, dancers, acrobats and entertainers. If an agreement is reached between Showpony and one of its clients, the Showpony will be present at festivals, presentations, club nights, fashion shows, photoshoots, commercials and other events.

When entering into a (new) collaboration, Showpony would like to provide information to the Client about its working methods, so that expectations are clear on both sides. This information is set out in the Terms and Conditions below (hereinafter referred to as the "Terms and Conditions").

We request that you read these Terms and Conditions carefully before entering into a collaboration. If you have any questions or if anything is unclear about the Terms and Conditions, please contact us by telephone (020-4940010) or by e-mail (info@showpony.nl).

1. Definitions and applicability

The following terms shall have the following meanings:

• Showpony B.V. (hereinafter: "Showpony"): the private limited liability company registered in Amsterdam at Zeeburgerdijk 424 (1095 AK), registered in the Commercial Register under number 57883793, specialized in services in the field of, inter alia, but not limited to, the intermediation between host(s)esses, models, dancers, acrobats and (other) artists and entertainers (hereinafter: "Showpony's") and clients;
• Client: the natural or legal person(s) or allied companies that purchases the services offered by Showpony;
• Parties: Showpony and Client
• Quotation: the written and/or electronic offer by Showpony to perform work and/or services for a specified price and terms;
• Agreement: the purchase and delivery of services agreed by the Parties, as well as the conditions under which they will take place;
• Assignment: part of the Agreement in force between the Parties, which includes a task, service and/or supply to be performed by Showpony on behalf of the Client.

1.2 The Terms & Conditions apply to all offers, quotations and Agreements between Showpony and its clients or potential clients. Potential Clients include - but are not limited to - any party that has expressed an interest in having Showpony execute an Order and/or any party that has already commissioned such an Order.

1.3 The Terms shall also apply to any services of third parties in the execution of the Order.

1.4 The applicability of the Terms and Conditions of the (potential) Client and/or any third parties is hereby expressly rejected.

1.5 The Client explicitly declares that the Conditions have been provided to him or her prior to the Order. The Client also explicitly declares to have read the content of the Conditions and explicitly declares to agree with all the provisions in the Conditions.

1.6 If Showpony does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions of these Terms and Conditions do not apply and that Showpony loses the right to rely on the Terms and Conditions.

2. Recruitment ban

2.1 The (potential) Client is not permitted, without the prior written consent of Showpony, to approach, hire or employ (as an employee) Showpony from Showpony's database and/or Showpony hired for the execution of the Engagement.

2.2 In the event of a breach of this clause, Showpony will charge the Client 25% of the recruited person's annual salary, with a minimum of €5000 per occurrence. 

3. Rates and billing

3.1 The prices reported on our Quotations, offers and the Agreement are always exclusive of VAT and exclusive of travel and accommodation costs of the Show Ponies. 2. Invoicing of travel and any accommodation expenses of the Show Ponies will be on an after-calculation basis, as well as overtime due to the delay of the Assignment.

3.2 The minimum purchase is four hours per Showpony per day, excluding commercials, photoshoots and acting.

3.3 For commercials, photoshoots and acting or impersonation work, a half day fee (four working hours) or full day fee (eight working hours) will be charged. Again, travel and accommodation expenses will be billed on an after-the-fact basis.

3.4 The agency fee for photoshoots and commercials is 20%. In all other cases the agency fee is 10%, unless otherwise agreed.

3.5 In the case of an Assignment where the agreed fee exceeds €2,000, a down payment of 50% must be made prior to the Assignment. Showpony may suspend execution of the Assignment until this payment has been received.

3.6 The agreed fee may be deviated from by Showpony if an increase results from the hiring of additional third parties, the use of additional Show ponies or, for example, the purchase of additional materials/styling/make-up, etc. Naturally, these are costs that are incurred in the execution of the Order.

3.7 The issuance of a Quote or offer does not obligate Showpony to perform a future order based on the same quote.

4. Payment

4.1 Payment shall be made on an invoice basis. The amount due must be credited by the Client to Showpony's bank account within 30 days without set-off, suspension or other deduction the date of the invoice.

4.2 If payment of the invoice is not made within 30 days, the Client shall be immediately in default without notice of default being required and shall owe default interest of 1.5% per month on the principal sum due. Parts of a month will be counted as a full month.

5. Urgent bookings

5.1 If the Assignment is to be executed within 48 hours of the quotation, an additional 20% booking fee will be charged in addition to the regular/agreed agency fee.

6. Cancellation

6.1 If, after the offer between Showpony Productions and the Client has been accepted, the Client decides to cancel the Order up to five days before the execution of the Order, Showpony Productions will charge the Client 100% for all costs incurred in the execution of the Order up to that time, including the costs of materials, booking hours, styling products made in the execution of the Agreement and the like.

6.2 If, between five days and 48 hours before the Engagement takes place, the Client decides to cancel the Engagement, the Client will be charged 100% for all costs incurred up to that point by Showpony in connection with the Engagement, as well as 50% of the agreed Quotation.

6.3 If, within 48 hours before the Engagement takes place, the Client decides to cancel the Engagement, Showpony will charge the Client 100% for all costs incurred up to that time in connection with the Engagement, as well as 75% of the agreed agency fee. 6.3 If, within 48 hours before the Engagement takes place, the Client decides to cancel the Engagement, Showpony will charge the Client 100% for all costs incurred up to that time in connection with the Engagement, as well as 75% of the agreed agency fee.

6.4 If within 24 hours before the Assignment takes place, the Client decides to cancel the Assignment, all costs incurred in connection with the Assignment and 100% of the agreed agency fee will be charged.

6.5 If the client books a specific model in the execution of commercials, photoshoots and acting or figure work and cancels them after written confirmation, an amount of 50 percent of the daily fee will be charged.

7. Conclusion of Agreement

7.1 Once the Client has accepted Showpony's offer/quotation, an Agreement, possibly in the form of a booking confirmation by email, will be prepared by Showpony.

7.2 The Agreement shall contain at least the date, time, place of the Assignment, a summary of the contents of the Assignment and the agreed fee.

7.3 Showpony will, in consultation with the Client, make every effort to carry out the Assignment to the best of its knowledge and ability. This will take into account the Client's wishes, image and budget.

8. Safety/Privacy Showponies

8.1 The Client guarantees that the Show ponies will be able to work in a safe environment. The Client has a best efforts obligation to ensure that the Show ponies can perform their work undisturbed and in a safe environment before, during and after the Assignment.

8.2 The Client shall ensure that, if the Assignment lasts longer than four hours, sufficient food and drink is made available to the Show Ponies.

8.3 The Client will provide an enclosed (dressing) area where Show ponies can change, if necessary, and where Show pony can start the work. If make-up and styling are involved, there should also be sufficient tables, chairs, a mirror and sufficient power supplies at the location.

9. Intellectual property law, confidentiality, and advertising

9.1 Unless otherwise agreed, the styling, concepts and ideas, designs and other intellectual (material) products created and developed in the course of the Order will remain the property of Showpony. The Client is therefore not permitted, without the consent of Showpony, to use the same or a similar concept or idea without the intervention of Showpony itself or third parties. If this article is violated, the Client agrees to reimburse Showpony for lost profits/revenues.

9.2 All intellectual property rights, including but not limited to photographs, drawings, films, software, text and other documents, remain the property of Showpony and may not be reproduced, sold or disclosed without permission.

9.3 The parties are required to keep confidential all confidential information obtained in the course of the Order. The Client is not supposed to share Showpony's concepts and ideas with third parties. If this clause is breached, the Client will forfeit an immediately payable penalty of €1,500 for each event, without prejudice to Showpony's right to claim damages.

9.4 In consultation with Showpony, the Client may promote the Assignment through (social) media channels and otherwise advertise, unless otherwise agreed.

10. Ownership of materials/styling

10.1 All styling brought by Showpony for the purposes of the Engagement, as well as all styling conceived, developed and designed, shall remain the property of Showpony unless otherwise agreed with the Client.

11. Unauthorized use of equipment

11.1 The Client is not entitled to any use of (visual) material other than that agreed upon in advance.

11.2 If the Client wishes to use the material or images in a manner different from that which was agreed, a written request must be made to Showpony in advance. Showpony will then determine whether the desired use is permitted and whether any costs will apply.

11.3 If this article is violated, Client forfeits an immediately payable fine of €1,500 per violation.

12. Liability

12.1 Showpony is not liable for any damage suffered by the Client and/or third parties, except insofar as the law or the Terms and Conditions imperatively provide otherwise and except in the case of intent or gross negligence on the part of Showpony. The burden of proof in respect of intent or gross negligence rests with the Client.

12.2 If in the performance of his/her work Showpony must use a vehicle rented by the client, Showpony will not be liable for any damage to the rented vehicle, except for the excess of € 150 indicated in the General Terms and Conditions.

12.3 The Client is liable to Showpony for all damages it suffers as a result of fulfilling the Order and/or failing to comply with any provision of the Agreement and/or the Terms and Conditions.

12.4 If and to the extent that Showpony may be liable for damages suffered by the Client, Showpony's liability shall at all times be limited to the amount that Showpony has received from the Client for work performed by it in the last 3 months preceding the damaging event.

13. 
    Complaints

13.1 If there is a complaint by the Client about Showpony, the complaint must be reported to Showpony in writing without delay, but at least within 24 hours of the Order.

13.2 If a complaint is not reported to Showpony within the period specified in paragraph 1 of this Article, Showpony shall never be obliged to resolve any complaint or to have it resolved and/or to offer any compensation.

14. Applicable law and dispute resolution

14.1 All legal relationships to which Showpony is a party shall be governed exclusively by Dutch law, even if an obligation or order is executed wholly or partially abroad.

14.2 All disputes between the Parties shall be settled by the competent court in Amsterdam.

© Showpony 2020

GENERAL TERMS AND CONDITIONS

SHOWPONY BV – English

GENERAL

Showpony B.V. delivers services to her partners / clients with great pleasure since 2011 and Showpony is always very happy with new and existing orders and clients.

Showpony offers a large network of host(s), models, dancers, acrobats and entertainers.

If an agreement is concluded between Showpony and the (potential) client, the Showpony’s can be deployed during festivals, presentations, club nights, fashion shows, photoshoots, commercials and other (company) events.

When entering into a (new) collaboration, Showpony would like to provide information to the Client about its methods, so that the expectations are clear and transparent. This information is set out in the General Terms and Conditions below (hereinafter: the “Terms”).

We kindly ask you to carefully read these Terms before proceeding with any collaboration with Showpony. In the event you have any questions or questions regarding the Terms, you can contact us by telephone (+31 (0) 20-4940010) or by e-mail (info@showpony.nl).

1. Definitions and applicability

1.1 In these Terms, the following definitions shall have the following meaning:

• Showpony B.V. (hereinafter: “Showpony”): the private company with limited liability established in Amsterdam at Zeeburgerdijk 424(1095 AK), registered in the Trade Register under number 57883793, specialized in services in the field of, among other things,
  but not limited to, mediating between host(s), models, dancers, acrobats and (other) artists and entertainers (hereinafter “Showpony’s”) and clients;
• Client: the natural or legal entity(ies) or allied companies who purchases the services offered by Showpony;
• Parties: Showpony and Client;
• Quotation: the written and/or electronic offer of Showpony to perform activities and/or services at a certain price and conditions;
• Agreement: the purchase and delivery of services agreed by the Parties, as well as the conditions under which these will take place;
• Assignment: part of the Agreement in force between the Parties, containing a task, service and / or delivery to be performed by Showpony on behalf of the Client.

1.2 The Terms apply to every offer, Quotation and Agreement between Showpony and its (potential) Clients. Potential Client(s) means – among other things, but not limited to, any party that has shown interest in having an Assignment executed by Showpony and / or any party that has already commissioned that Assignment.

1.3 The Terms also apply to all possible services of third parties in the performance of the Assignment.

1.4 The applicability of the terms and conditions of the (potential) Client and / or of any third parties, is explicitly rejected.

1.5 The Client explicitly declares that the Terms have been handed to him or her prior to the Assignment. The Client also explicitly declares to have read the contents of the Terms and expressly agrees with all provisions in the Terms.

1.6 In the event Showpony does not demand strict compliance with these Terms, this does not mean that the provisions of these Terms do not apply nor that Showpony loses the right to invoke these Terms.

2. Recruitment prohibition

2.1 The (potential) Client is not permitted to directly approach or hire or enter into an agreement with a Showpony without the prior written permission of Showpony.

2.2 In case of violation of this article, Showpony will charge 25% of the yearly salary of the recruited “Showpony” to the Client, with minimum of € 5000,- per case.

3. Rates and invoicing

3.1 The prices mentioned on our Offers, Quotations and the Agreement are always exclusive of VAT and exclusive of travel and accommodation costs of the Showpony’s.

3.2 Invoicing of travel and accommodation costs of the Showpony’s takes place on the basis of subsequent calculation, as well as hours worked overtime due to the extension of an Assignment.

3.3 The minimum amount of working hours is four hours per Showpony per day, except commercials, photoshoots and acting activities.

3.4 For commercials, photoshoots and acting, a half-day fee (four working hours) or a full-day fee (eight working hours) will be charged. The travel and accommodation costs will be invoiced on the basis of subsequent calculation.

3.5 The agency fee for photoshoots and commercials is 20%. In all other cases the agency fee is 10%, unless agreed otherwise.

3.6 In the event of a foreign Client and in the event of an Assignment for which the agreed compensation is higher than € 2,000, a prepayment of 50% of the agreed amount must be paid prior to the Assignment. Showpony may suspend the performance of the Assignment until this payment is received.

3.7 Showpony may deviate from the agreed fees if an increase ensues from the hiring of additional third parties, the use of additional Showpony’s or for example the purchase of additional materials / styling / make-up, etc, provided that these costs are incurred in the framework of the performance of the Assignment.

3.8 The issuing of a Quotation or offer does not oblige Showpony to execute a future assignment based on the same Quotation or Offer.

4. Payment

4.1 Payment has to be done on invoice-basis. The amount due must be credited to the bank account of Showpony by the Client no later than 30 days after the invoice date without set-off, suspension or other deduction.

4.2 If payment of the invoice does not take place within 30 days, the Client is immediately in default without a notice being required and will pay a default interest of 1.5% per month of the principal sum due. Parts of a month are counted as a full month.

5. Urgent bookings

5.1 If an Assignment has to be executed within 48 hours after the submission of the offer or Quotation, an additional fee of 10% will be charged in addition to the regular / agreed agency fee.

5.2 If an Assignment has to be executed within 24 hours after the submission of the offer or Quotation, an additional fee of 20% will be charged in addition to the regular / agreed agency fee.

6. Cancellation

6.1 If the Client decides to cancel the Assignment after the concluded agreement between Showpony and the Client and up to five days prior to the commencement of the Assignment, all costs incurred within the framework of the Assignment up to that date will a 100 percent be charged to the Client by Showpony, including costs of materials, styling, booker working hours etc.

6.2 If the Client decides to cancel the Assignment between five days and 48 hours prior to the commencement of the Assignment, all costs incurred within the framework of the Assignment up to that date will a 100 percent be charged by Showpony to the Client, as well as 50% of the fee in the agreed quotation.

6.3 If the Client decides to cancel the Assignment within 48 hours prior to the commencement of the Assignment, all costs incurred within the framework of the Assignment up to that date will a 100 percent be charged by Showpony to the Client, as well as 75% of the fee in the agreed quotation.

6.4 If the Client decides to cancel the Assignment within 24 hours prior to the commencement of the Assignment, all costs incurred within the framework of the Assignment and 100% of the agreed fee will be charged by Showpony to the Client.

6.5 If the client books a specific model for the performance of commercials, photoshoots and acting or acting activities and cancels it after written confirmation, a fee of 50 percent of the day-fee will be charged.

7. Conclusion of the Agreement

7.1 When the Client has accepted Showpony’s offer or Quotation, Showpony will draw up an Agreement.

7.2 The Agreement will contain the date, time and place of the Assignment, a summary of the activities of the Assignment and the agreed fees.

7.3 Showpony will endeavor to execute the Assignment to the best of its knowledge and abilities, taking into account the wishes, the image and the budget of the Client.

8. Safety and privacy Showpony’s

8.1 The Client guarantees that the Showpony’s can work in a safe environment. The Client has an obligation to ensure that the Showpony’s can perform their activities undisturbed and in a safe environment before, during and after the Assignment.

8.2 The Client ensures that, if the Assignment lasts more than four hours, sufficient food and drinks will be made available to the Showpony’s.

8.3 The Client provides the Showpony’s with a closed (dressing) room at the location where the Showpony’s can change clothes and can start their activities. Client also provides the Showpony’s with sufficient tables, chairs, a mirror and sufficient power supplies at the location.

9. Intellectual property rights, confidentiality and advertising

9.1 The styling, concepts and ideas, designs and other (material) products created and developed within the framework of the Assignment by Showpony, remain the property of Showpony at all times, unless otherwise agreed. The Client is therefore not permitted to use, or to make use by third parties, the same or a similar concept or idea without the prior written permission of Showpony. In the event Client violates this article, Client shall indemnify Showpony in the form of compensation for lost profit / income.

9.2 All intellectual property rights, such as, but not limited to photographs, drawings, films, software, texts and other documents, remain the property of Showpony and may not be reproduced, sold or published without the prior written permission of Showpony.

9.3 Client and Showpony are obliged to keep confidential all confidential information that they have obtained within the framework of the Assignment. The Client is not permitted to share the concepts and ideas of Showpony with third parties. In the event Client violates this article, the Client will forfeit an immediately due and payable fine of € 1,500 per event, without prejudice to the right of Showpony to claim (legal) compensation.

9.4 Client may promote the Assignment after consultation with Showpony, via (social) media channels.

10. Ownership materials / styling 

10.1 All styling provided by Showpony for the purpose of the Assignment, as well as all conceived, developed and designed styling remains the property of Showpony, unless otherwise agreed with the Client.

11. Unauthorized use of material

11.1 The Client is not entitled to any other use of (visual) material than previously agreed by Showpony.

11.2 If the Client wants to use the (visual) material in a different manner than previously agreed, a written request must first be submitted to Showpony for this purpose. After receiving this request, Showpony will decide on the aimed usage of the material as well as on the costs for this usage.

11.3 In the event of violation of this article, the Client will forfeit an immediately due and payable fine of € 1,500 per violation.

12. Liability

12.1 Showpony is not liable for any damage of the Client and/or third parties, except insofar as the law or the Terms dictate otherwise, and/or in the event of gross negligence by Showpony in the execution of the Assignment. The burden of proof with regards to any gross negligence of Showpony rests with the Client.

12.2 When Showpony is obliged to use a by the client appointed rented vehicle in the performance of his/ her duties, Showpony is not liable for any damages caused to the rented vehicle, subject to insofar the in the general terms and conditions mentioned collision damage waiver of € 150.

12.3 The Client is liable to Showpony for all damage it suffers as a result of the fulfillment of the Assignment and/or non-compliance of the Client with any provision of the Agreement and/or the Terms.

13. 1 Complaints

13.1 In the event the Client has complaints relating to a Showpony during an Assignment, this complaint must be reported to Showpony in writing immediately, but at least within 24 hours after the Assignment.

13.2 In the event the Client fails to report a complaint within the timeframe mentioned in section 1 of this Article, Showpony will never be obliged to pay any compensation for delivered services.

14. Applicable law and dispute resolution

14.1 Dutch law applies exclusively to all legal relationships to which Showpony is a party, even if a contract or assignment is fully or partially executed abroad.

14.2 All disputes between Parties will be settled by the competent court in Amsterdam.

https://cosmediate.nl/behandelingen/emsculpt/

© Showpony 2020