§ 1 Scope, General Provisions

 

(1) These General Terms and Conditions ("GTC") apply to all deliveries and/or services provided by us, Viridis Events ("Viridis"), to third parties ("Clients").

 

(2) These General Terms and Conditions (GTC) apply exclusively. Any terms and conditions of the client that conflict with or deviate from our GTC shall only apply if we have expressly acknowledged them in writing. Our General Terms and Conditions (GTC) shall also apply if we perform the delivery and/or service to the client without reservation, knowing of conflicting or deviating terms and conditions of the client, unless we have expressly waived the applicability of our GTC.

 

(3) Deviating or supplementary agreements must be confirmed in writing by Viridis.

 

(4) These GTCs apply only to entrepreneurs as defined in § 14 of the German Civil Code (BGB).

 

⸻

 

§ 2 Conclusion of Contract, Scope of Services, Prices

 

(1) The basis of the contractual relationship with the client is the respective individual offer from Viridis Events, in which all services (complete scope of services) are recorded.

 

(2) Our offers are subject to change. A contract is only concluded upon written confirmation.

 

(3) The Client's order constitutes an offer within the meaning of § 145 BGB, which we may accept within 14 calendar days. Acceptance is usually made by order confirmation.

 

(4) Additions or changes that alter the content and/or scope of the contractual services must be expressly agreed upon in writing or in text form by both parties. Unilateral changes or additions by the client are invalid.

 

(5) Our prices do not include the applicable statutory value-added tax (VAT).

 

(6) Unless expressly agreed otherwise, our prices do not include fees and charges incurred in the fulfillment of the contract, in particular fees for copyright collecting societies (e.g., GEMA), contributions to the Artists' Social Insurance Fund, or costs arising from compliance with legal and/or regulatory requirements.

​

⸻

 

§ 3 Terms of Payment, Advance Payments, Security, Set-off

 

(1) The Client is obligated to pay the agreed prices. Unless expressly agreed otherwise, Viridis is entitled to payment for each individual service upon completion.

 

(2) If no payment schedule has been agreed, Viridis may demand reasonable advance payments at any time. An advance is considered reasonable if it corresponds to the value of services already rendered and/or expenses incurred due to contracts with third parties (e.g., rentals, technicians, suppliers, caterers, artists, or producers).

 

(3) Unless expressly agreed otherwise, the remuneration is due immediately upon receipt of the invoice by the client, without deduction. The same applies to advance payments. Cash discounts require a separate written agreement.

 

(4) The Client may only offset undisputed claims that are acknowledged by us or have been legally established. The client is only entitled to assert a right of retention if their counterclaim is based on the same contractual relationship as the original claim.

 

⸻

 

§ 4 Cancellation Terms

 

(1) Cancellation by the Client

If the client cancels the contract – regardless of the reason – the following cancellation terms apply:

 

• The client is obligated to fully reimburse all costs incurred by the time of cancellation. This includes internal efforts, completed work, and external services that have been booked or used.

• In addition, the client must pay a cancellation fee on the remaining contract value (i.e., the agreed initially total amount minus the costs already incurred), calculated as follows:

 

 

▸ Up to 60 calendar days before the event date: 25% of the remaining contract value

▸ 59 to 30 calendar days before the event date: 50% of the remaining contract value

▸ 29 to 14 calendar days before the event date: 75% of the remaining contract value

▸ Less than 14 calendar days before the event date: 100% of the remaining contract value

​

 

• The statutory right of either party to terminate the contract for good cause, according to Section 314 of the German Civil Code (BGB), remains unaffected.

 

(2) Cancellation by the Provider (Viridis Events)

Viridis Events is entitled to cancel the order for good cause, in particular in the event of:

•    Unforeseeable events of force majeure (e.g., natural disasters, pandemics, official bans)

•    Late payment by the client

•    Breach of contractual agreements or legal provisions by the Client

 

2.1 If the cancellation is made without any culpable conduct by Viridis Events, any advance payments already made will not be refunded. The client must also bear the costs of third-party services that have already been booked if they can no longer be canceled at no additional charge.

 

2.2 If the cancellation is due to Viridis Events' culpable conduct, all advance payments shall be refunded to the client in full. Viridis will bear the costs of third-party services if they cannot be canceled at no additional charge and/or if the client does not wish to continue using them.

 

(3) Rescheduling & Date Changes

A change in the agreed date is only possible, subject to availability.

If the rescheduling occurs < 30 days before the original service date, an additional handling fee of 10% of the original order value will be charged.

If rescheduling is not possible due to a lack of capacity, the regular cancellation conditions under Section 4(1) shall apply.

 

⸻

 

§ 5 Work Results, Intellectual Property, No Assignment of Contract

​

(1) All concepts, images, drawings, sketches, layouts, films, music works, calculations, and other works and/or services ("Work Results") created and presented and/or handed over in the context of a pitch remain the sole property of Viridis. This applies especially to all ownership, copyright, usage, and other protective rights. The client does not acquire any rights of use, reproduction, publication, or exploitation unless a contract is concluded (see § 5 below).

 

(2) If Viridis Events e.K. does not receive an order after a presentation, the client is obliged to return all documents and Work Results, including any copies, regardless of their form (physical, digital, etc.). Upon request, the client must confirm the deletion of such documents in writing.

 

(3) The Client shall treat the Work Results and all business-related information (e.g., client lists, prices, suppliers, presentations, business processes, etc. – collectively "Confidential Information") as strictly confidential. The client shall impose the same obligation on all employees and/or third parties (e.g., designers, printers, film producers) who may receive access to such information with Viridis' written approval.

The confidentiality obligation is unlimited in time, including after contract termination.

Exceptions apply only in the following cases:

•    The Client exercises their rights under § 5 of these GTC;

•    Viridis provides written consent for disclosure;

•    The information was lawfully obtained from a third party without breach of confidentiality;

•    Disclosure is legally required by court or authority. In such cases, the client must inform Viridis in advance (if permitted by Law) and limit the disclosure to the minimum necessary. The burden of proof for exceptions lies with the client.

 

⸻

 

§ 6 Assignment of Contract, Intellectual Property, Usage Rights, Confidentiality

 

(1) If our Work Results (see § 4 (1)) qualify as copyrighted works, the client acquires only a simple right of use upon full payment, limited to the contractually agreed territorial, temporal, and content scope (contractual purpose). Unless explicitly agreed in writing, the client may only use the Work Results within their own organization; affiliated companies are excluded. All further copyrights and usage rights remain the exclusive property of Viridis.

 

(2) Reproduction and/or modification of the Work Results by the client requires prior written consent from Viridis and, where applicable, the author.

 

(3) Any use of Work Results beyond the agreed purpose – regardless of copyright status – requires prior written consent from Viridis. Viridis may condition this consent on additional compensation at its sole discretion, for itself and the author.

 

(4) The Client warrants they are fully authorized to use and share all materials provided to Viridis (e.g., texts, claims, logos, trademarks, images, films, music) and that any necessary rights have been obtained. Viridis is not obliged to verify third-party rights. The client shall fully indemnify Viridis from all third-party claims arising from such materials. If legal action is taken against Viridis in this regard, Viridis may seek legal defense at the client's expense.

 

(5) Viridis is entitled to use the client's name and/or logo as well as image, film, or audio recordings of the event for self-promotion, especially in brochures, on the website, or social media channels, in reasonable scope.

​

⸻

 

§ 7 Warranty for Defects

 

(1) We provide a warranty through rectification. If rectification fails within a reasonable time, the client may withdraw from the contract or reduce payment.

 

(2) The right to withdraw does not apply in case of minor breaches of duty.

 

(3) We are liable according to statutory provisions for damages caused intentionally or by gross negligence, including those of representatives or agents. If not intentional, liability is limited to foreseeable, typical damages.

 

(4) We are liable for breaches of essential contractual obligations (cardinal duties) only to the extent of foreseeable, typical damages.

 

(5) Liability for injury to life, body, or health under the Product Liability Act remains unaffected.

 

(6) Further liability is excluded beyond the above.

 

(7) The limitation period for defect claims is 12 months from the transfer of risk.

​

(8) Longer limitation periods under §§ 478, 479 BGB (recourse) remain unaffected.

 

⸻

 

§ 8 Liability for Damages

 

(1) Further liability for damages beyond what is stated in § 8 is excluded, regardless of the legal nature of the claim. This applies in particular to claims for damages due to culpa in contrahendo, other breaches of duty, or tort claims under § 823 BGB (German Civil Code).

 

(2) The limitation in (1) also applies if the client claims compensation for futile expenses instead of damages in place of performance.

 

(3) If our liability for damages is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.

 

⸻

 

§ 9 Place of Performance

 

(1) Unless otherwise stated in the order confirmation, our registered office is the place of performance.

 

⸻

 

§ 10 Jurisdiction, Governing Law

​

(1) Exclusive place of jurisdiction is Leipzig, Germany

​

(2) The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules do not apply.

 

⸻

 

(General Terms and Conditions, last updated: May 2025)