Terms and Conditions

1. Scope and subject matter

1.1 Markus Brückner, professionally known as Psaiko.Dino (the "Artist"), provides artistic, creative and production services, including DJ performances and live appearances, music production, sound design, hosting and on-camera appearances, content creation, brand partnerships and related services. The specific scope of services is defined in the applicable offer, booking confirmation or agreement.

1.2 These General Terms and Conditions (the "Terms") apply to all services provided by the Artist to third parties (the "Client"). They form an integral part of every offer, booking or agreement concluded with the Client. Any terms and conditions of the Client that deviate from these Terms apply only if expressly accepted by the Artist in writing. This also applies where the Artist has not expressly objected to the Client's terms.

1.3 The subject matter and scope of each engagement are determined by the individual agreement and these Terms.

2. General cooperation

2.1 The Artist provides services on the basis of the Client's specific order and the briefing supplied by the Client. The order and, where applicable, the briefing constitute the binding basis for the Artist's work. If a briefing is provided orally, a written summary should be prepared and shall then constitute a binding working document. Both parties shall cooperate in good faith and notify each other without undue delay of any deviation from the agreed process or any concern regarding the proper performance of the engagement.

3. Conclusion of the agreement

3.1 An agreement is concluded when the Client confirms the Artist's offer or booking confirmation in writing or in text form (e.g. by email), or signs a separate agreement.

4. Client's obligations

4.1 The Client shall provide the Artist in good time with all information required for the performance of the engagement, including event details, schedules, technical specifications, brand guidelines and approvals. The Artist may rely on the accuracy and completeness of that information. The Artist is not responsible for delays or deficiencies resulting from late, inaccurate or incomplete information or from the Client's failure to cooperate.

5. Performance, deadlines and live appearances

5.1 If an agreed deadline is exceeded, the Artist shall notify the Client, stating the reasons and the expected duration of the delay.

5.2 Deadlines are suspended where change requests submitted by the Client after the order has been placed require a material revision of the schedule. The parties shall agree a revised deadline.

5.3 If a service meets the requirements communicated by the Client, any subsequent change requests fall outside the agreed scope and shall be invoiced separately on the basis of an additional quotation.

5.4 For live performances and appearances, the Client shall provide the technical equipment, stage setup and hospitality specified in the Artist's technical and hospitality rider or in the booking confirmation, as well as a safe working environment. Set times, duration and performance details are as stated in the booking confirmation.

5.5 Unless otherwise agreed, travel, accommodation and local transport for the Artist and the Artist's crew are booked and paid for by the Client.

5.6 If the Artist is unable to perform due to illness, accident, force majeure or other circumstances beyond the Artist's control, the Artist shall inform the Client without undue delay. In such cases, any fees already paid for the affected performance will be refunded. Further claims of the Client, in particular for damages, are excluded, except in cases of intent or gross negligence. The parties shall endeavour in good faith to agree an alternative date.

5.7 The place of performance for services not tied to a specific location is Berlin, unless otherwise agreed.

6. Acceptance

6.1 Where an engagement is subject to the provisions governing contracts for work and services (Sections 631 et seq. of the German Civil Code, BGB), the Client shall accept the work product. Acceptance may not be refused solely on grounds of taste or personal preference, provided that the work product meets the requirements communicated in the briefing.

6.2 Any refusal of acceptance must be justified by a written or text-form notice specifying the defects. The Artist shall remedy the defects identified in that notice in order to achieve acceptance.

7. Fees, invoicing and payment

7.1 The remuneration is determined by the prices agreed in the applicable offer, booking confirmation or agreement.

7.2 The agreed remuneration is binding. Any reduction in the Artist's expenditure does not result in a reduction of the agreed remuneration.

7.3 Travel expenses incurred in performing the engagement are borne by the Client where the travel was agreed or necessary to provide the services.

7.4 Unless otherwise agreed, the Client shall independently register and pay any taxes, levies payable to collecting societies (including GEMA), royalties, customs duties and artists' social security contributions (Künstlersozialabgabe).

7.5 Unless otherwise agreed in writing, all invoices are payable within 14 days of the invoice date. For live bookings, the Artist may require a deposit as stated in the booking confirmation.

7.6 If an invoice is not paid in full by the agreed due date, the Client is in default without further reminder. The Artist is entitled to charge statutory default interest and reasonable reminder and collection costs, to suspend all further services under the agreement (including live performances, content production and publication) until payment has been received in full, and to take legal action. Further claims remain unaffected.

8. Rights of use, name and likeness

8.1 If copyrights or other protectable rights arise in connection with the services, the scope of the rights of use granted to the Client is determined by the individual agreement. In the absence of an express agreement, the scope is determined in accordance with Section 31 (5) of the German Copyright Act (UrhG), the purpose-limitation principle.

8.2 Use of the Artist's name, stage name "Psaiko.Dino", image, likeness, voice and logo requires the Artist's prior consent and is limited to the purpose, media, territory and period agreed in the individual agreement.

8.3 Rights of use pass to the Client only after the remuneration due for the relevant service has been paid in full. Until then, the Artist permits the Client to use the work products within the agreed scope on a provisional and revocable basis only.

8.3a If the remuneration has not been paid in full by the agreed due date, the Artist may set the Client a grace period of 7 days in text form. If the remuneration is still not paid in full when the grace period expires, the provisional permission under 8.3 lapses automatically without further notice, and no rights of use pass to the Client. The Client shall then cease all use of the work products and of the Artist's name and likeness, and remove all published material, including paid distribution, within 5 working days. Any use after that date is unauthorised and entitles the Artist to claim damages, at least in the amount of a reasonable licence fee in accordance with 8.8, and to injunctive relief. The rights of use pass to the Client only once the outstanding remuneration, default interest and costs have been paid in full.

8.4 Rights of use pass to the Client only after the remuneration due for the relevant service has been paid in full.

8.5 Any transfer or sublicensing of rights of use to third parties requires the Artist's prior written consent. This does not apply to affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG).

8.6 If the Client intends to use work products or the Artist's name and likeness outside the agreed territory, after the expiry of the rights of use or for purposes other than those agreed, the Client shall agree a separate buy-out fee with the Artist. If no such agreement is reached, a buy-out fee amounting to 10% of the placement costs or the utilisation value of the advertising material shall be deemed agreed. Upon request, the Client shall provide evidence of the scope of such use.

8.7 Unless expressly prohibited by contract, the Artist may use the work products, recordings of performances and extracts from them for self-promotional purposes, including on social media, websites and in presentations.

8.8 Each party retains all rights in its pre-existing intellectual property, including music, recordings, samples, sounds, concepts, know-how and tools that existed before the agreement or do not form part of the work products.

9. Confidentiality and data protection

9.1 Both parties shall treat as confidential all information obtained in the course of their cooperation.

9.2 Personal data shall be processed in accordance with applicable data protection laws.

9.3 If either party considers it necessary, the parties shall enter into a separate confidentiality agreement.

10. Liability

10.1 The Artist is liable, irrespective of the legal basis, only if (a) the damage was caused by a culpable breach of a material contractual obligation in a manner that jeopardises the purpose of the agreement, or (b) the damage was caused by gross negligence or intent.

10.2 In cases under 10.1 (a) not caused by gross negligence or intent, liability is limited to the foreseeable damage typical for the agreement at the time it was concluded.

10.3 In the cases referred to in 10.2, the Artist is not liable for indirect damage, consequential damage or loss of profit.

10.4 The foreseeable damage typical for the agreement shall in no event exceed the value of the relevant engagement.

10.5 These limitations do not apply to injury to life, body or health, or to liability under mandatory statutory provisions.

10.6 The limitations of liability apply mutatis mutandis for the benefit of the Artist's crew and agents.

11. Third parties

11.1 The Artist may engage third parties, in whole or in part, to perform the engagement.

11.2 By agreement, the Artist may place orders with third parties in the name and for the account of the Client. In such cases, the Artist is not liable for payment of the ordered goods or services or for the performance of the Client's or the third party's obligations.

12. Cancellation by the Client

12.1 If the Client cancels the engagement, the Client shall bear all costs already incurred, including costs arising from the commissioning of third parties and non-refundable travel costs. The Artist shall take reasonable measures to minimise such costs.

12.2 For live bookings, unless otherwise agreed in the booking confirmation, the following cancellation fees apply: more than 60 days before the event, 25% of the agreed fee; 60 to 30 days before the event, 50%; less than 30 days before the event, 100%.

12.3 For other engagements subject to the provisions on contracts for work and services, the Artist is entitled to 50% of the remuneration attributable to the services not yet performed in accordance with Section 648 BGB, without the need for a separate calculation. The Artist remains entitled to demonstrate a higher claim; the Client remains entitled to demonstrate a lower one.

12.6 In the event of cancellation, no rights of use in any work products pass to the Client unless the remuneration for those work products has been paid in full; 8.3a applies accordingly.

13. Final provisions

13.1 If any provision of these Terms is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the parties.

13.2 Where the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).