Foreword

The registered activity is that of an EVENTS PRODUCER using all types of media, material and technical support. The company is authorised to supply any service related to private or corporate events in France and abroad. This includes co-ordinating all service providers related to events or artistic activities with the exception of certain regulated activities. 

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In the scope of its events planning and organising activities, Riviera Organisation offers the services of its employees, sub-contractors, partner contractors, artists and/or others, to any person wishing to organise an event (hereinafter known as “The Client”). It ensures the smooth running of its events and performances, the professionalism of its partners, and all negotiations, but can in no way be held responsible for exceptional events or acts outside its control that may arise and are independent of their commitment to them.

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Article 1 - Application of the Terms & Conditions

The general conditions laid out below define how Riviera Organisation will achieve its services following the specific requests from the Client. These terms and conditions may have further conditions added to them, if need be, which will, in this case, be added as a separate sub-clause or annex.

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Any and all services from Riviera Organisation is subject to these terms and conditions, which are sent to the Client at the same time as the order form. Hence the validation of Riviera Organisation order form by the Client being considered as tacit acceptance of these terms and conditions unreservedly and unconditionally.

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In the case of any contradiction between the specific conditions on the order form signed by the Client and those shown in these Terms and Conditions, the provisions laid out on the order form will be the only provisions applicable. 

  

After the signature, the Client has a reflection period of 14 days, after which these terms and conditions will become a binding document that defines their rights and reciprocal obligations. This does not affect the statutory rights of the Client.

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Riviera Organisation reserves the right to refuse and/or cease the carrying out of any agreed service if: 

• The installation and/or use of the material of the Client or the location of the event do not meet current safety standards and/or those recommended by Riviera Organisation.

• Riviera Organisation considers that the work conditions risk putting in danger their safety or the safety of others. 

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Article 2 - Quotes/Estimates

Any and all intervention by Riviera Organisation is subject to an estimated detailed and personalised quote handed to or sent to the Client. This quote contains the description and type of services that are fixed according to the details of the request of the Client as well as the methods and costs relating to it.

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Prices quoted are an estimation only and in no way have any contractual or definitive value, only the order form can be considered to have this function. 

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All prices in the quote and on the order form are provided subject to the availability of the artists, the technical material and other equipment at the time of the acceptance and signature of the order form by the Client.

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Article 3 - Obligations of Riviera Organisation

From the moment the Client signs the order form:

• Riviera Organisation undertakes to look for, reserve and implement everything in order to honour its commitments as set out on the order form. 

• Riviera Organisation will keep the Client informed concerning the progress of their file and will supply descriptions of the services chosen.

• Riviera Organisation undertakes to not divulge information supplied by the Client as this information is considered to be confidential.

• Any information gathered in the scope of drawing up the brief and that may subsequently be communicated to commercial partners of Riviera Organisation will also be subject to the same confidentiality rules. 

• If, for any reason outside the control of Riviera Organisation, a service described on the Order Form is not available when the Client signs the order form, a similar or equivalent service will be proposed as a replacement.  The price will subsequently be adjusted, subject to written approval by the Client, who reserves the right to refuse the alternative before the event and to request a full refund.

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Article 4 - Obligations of the Client​

The Client retains full and total responsibility concerning the organisation of the event and must take all the necessary measures to ensure the application of current safety standards that are required for the smooth running of the event. 

• The Client undertakes to not conceal from Riviera Organisation anything that by its nature could delay, hinder, hamper or disorganise the project or the finalisation of the project. 

• The Client will take measures to facilitate access to all information that Riviera Organisation may need.

• The Client agrees to respect and carry out the specific conditions of the selected participant(s) and in particular to pay any deposit or guarantee, which turns out to be necessary before the total payment of the whole of the sum is due.

• It is the responsibility of the Client to plan for hot, full meals for all the participants (artists, technicians, service providers, personnel etc) who are under the responsibility of Riviera Organisation during the event. If, however the Client wishes that Riviera Organisation takes care of this, they will be invoiced an extra 30 Euros, per person, per meal. 

• For the personnel and the artists, the Client must ensure that they have an appropriate and safe changing area. This area must be close to the stage and equipped with chairs, a table, a mirror, and coat hangers. They must also have access to toilet facilities and a water point. If the changing rooms are mixed, they must also ensure a private area so that the artists may change. The Client will also plan for drinks and food for the personnel and the artists.  Some artists may provide you with a list of specific requirements for the meals, their accommodation, the changing rooms and technical specifications. These requirements will be outlined on the order form and are the responsibility and at the charge of the Client.

• The Client must ensure that the venue accepts amplified music at a volume that is appropriate for the performance and/or show and that Riviera Organisation has enough time to plan the event properly. This includes access time for deliveries, the setting up and, if need be, time for rehearsals and sound checks. 

• The Client will ensure that there is an adequate electrical power supply. In some cases, Riviera Organisation may need to add a generator, the cost of which will be at the charge of the Client. They must also make sure that there is heating or air-conditioning (depending on the season) and lighting at the event venue as well as somewhere reserved for personnel and the artists to have their meal. 

• The Client undertakes to not intervene directly before, during and after the event with the suppliers, sub-contractors, artists, personnel and partners of Riviera Organisation.

• The Client must make themselves aware of the administrative formalities and/or necessary health and safety facilities and will be responsible for requesting all official authorisations and to inform, if applicable, the relevant health authorities for the smooth running of the event (town hall, town council, regional council, local government, police, fire brigade, the Red Cross etc.) 

• The Client will verify that the site of the event has all the necessary licenses for music and artistic entertainment. In some cases, French Publishing Rights (SACEM) in terms of copyright and royalties may be due. (See Article 11). 

 

Article 5 - Financial Conditions

Any communication or information concerning pricing, advertising or anything else are not a commitment of a fixed price. The price may change according to the services provided, the services required, the technical conditions, and the location of the production. Quotes are free, unless if applicable, they will be deducted from the final invoice. Payments should be made in the name of Riviera Organisation and all related bank charges are the responsibility of The Client. Deposits to be paid will be stipulated on the order form and decided depending on the progress of the project and its partners.

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In any event, a deposit of up to 80% of the total sum of the order will be required at the time of signing the order form and the remainder must be paid on reception of the invoice. As stipulated in article L441-6 of the code of commerce, late payment penalties equalling three times the legal interest rate valid at the time of the invoice will be applicable on the total remaining sum due and demanded as of the 31st day (or after one month) following the production of the service. As of 1st January 2013 (decree n° 2012-1115 dated 2nd October 2012) a standard indemnity forfeit of 40 Euros will be systematically added to late payment penalties. 

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Riviera Organisation will receive intervention fees for the services it provides, as described on the order form. Unless stated otherwise, the prices shown are uniquely valid for a project or a service located within a 50km radius of the Head Office of the company. Outside this perimeter, an additional travel charge will be applied to the quote. In the scope of a service outside this geographic zone, where it is necessary to have hotel accommodation for any and all personnel working after 1 am, travel expenses and if necessary, accommodation expenses should be planned for by the Client and will be noted on the order form. 

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Unless otherwise indicated, prices given correspond to a service that ends at midnight (or 2 am for DJs). Normally, the artists and musicians will only be present on site for a maximum of five (5) hours, even though the time of the artistic performance varies from one artist to the next. The technicians and DJs will only be on site for a maximum of twelve (12) hours including installation and dismantling of the equipment.

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For events taking place abroad, Riviera Organisation estimates travel costs, and these are included on the order form. However, there may be supplementary costs to invoice after the event, due to changes in the flight prices, transfer costs, hotel costs, or other expenditure linked to the event.

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The fees are fixed but may increase according to extra workload caused by the modification of the brief at the request of the Client. The Client remains however within their rights to accept or refuse the proposals put forward by RIVIERA ORGANISATION. They may accept them as they are, may request a modification subject to deadlines authorising the production of the event, or quite simply refuse the proposal without further explanation. 

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In the latter case, the Client immediately relieves Riviera Organisation of all obligations towards them and cannot in any way request or expect, as such, any reimbursement whether it be from all or part of the deposits and fees already paid. In other words, if the Client renounces all or part of the project, deposits paid to Riviera Organisation and its partners will not be reimbursed.

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Article 6 - Responsabilities

The Client is responsible for all damage, direct or indirect, that they or the participants may cause during an event. Riviera Organisation accepts no responsibility for damage of any nature at all (theft, damage, etc.) affecting all or any of the goods or items (of a personal nature, equipment, etc.) brought by the Client or belonging to the participants, irrespective of the location or place where the goods or items were placed (car parks, lounge areas, etc).

 

In any case, Riviera Organisation will not be held responsible for not being able to fulfil their duties in the case of ‘force majeure’ as defined by the Civil Code and notably in the case of total or partial strike action, flooding, fire, global pandemics, information technology failure, traffic accidents, human accidents, weather conditions, revolutions, demonstrations or other major causes that could or may prevent the production of the event.

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The Client declares and guarantees that they have full and total legal rights to be able to commit to the contract and that they are the holder of a current and valid civil liability insurance. To this end, the Client undertakes to forego and to have its insurers forego and/or any or all of its participants, to waive all claims against Riviera Organisation.

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Article 7 - Insurance

Riviera Organisation is, for every and all event organised, covered by a professional civil liability insurance taken out with the insurance company: ALBINGIA, 17b Avenue Robert Schuman, 13002 Marseille.

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Riviera Organisation strongly recommends to the Client that they contact their broker, agent or insurer in order to check with them the validity of their civil liability insurance and the possible requirement to take out a complementary insurance concerning not only the event but also the equipment, the musical instruments, artwork, jewellery and valuables, etc. 

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Article 8 - Cancellations

In case of termination, refusal or cancellation by the Client, Riviera Organisation will be free of any and all obligations towards the Client and the latter can in no way lay claim to either the postponing of the event to a later date or to any reimbursement in any form of any sums already paid and retained by Riviera Organisation by way of statutory compensation for termination of the contract.

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For all that concerns project organisation, in the event of cancellation within 7 days of the service, the total of all fees will be due.

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In the event of cancellation by Riviera Organisation of one or more of its services that should have been organised for its Client, the agency will propose an equivalent replacement or alternative solution to the Client or will reimburse the non-supplied service to the measure of 100% of the value paid, and this shall be the choice of the Client. 

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Article 9 - Intellectual Property Rights

Riviera Organisation owns the intellectual property rights of all events defined by Riviera Organisation. Upon termination, refusal or cancellation of the contract, any reproduction, adaptation of all or part of any events produced by Riviera Organisation is deemed to constitute an infringement and the Client should pay a sum equal to 80% of the total amount of the copied project.

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Any Artist or Supplier presented to a Client by Riviera Organisation should not be contacted directly by the Client without prior written permission from Riviera Organisation. The Client acknowledges and agrees that all rights and interest in any confidential information will remain the exclusive property of Riviera Organisation. 

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Article 10 - Image Rights

The Client expressly and absolutely authorises Riviera Organisation and all its beneficiaries:

• To fix, reproduce, broadcast and use in whole or in part, and in an unlimited quantity, its image when taken during the event, in colour and/or in black and white, in or on any support recognised now or that will be recognised in the future, and by any method current or future, on any and all audio-visual service and or media and on any and all on-line service on every and any network.

• To broadcast its image with the Riviera Organisation logo. As a result, the Client guarantees Riviera Organisation against any recourse and/or action that could be taken by physical or moral persons who could potentially oppose the broadcast of aforementioned image. 

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As a result, the Client expressly waives the right to undertake any action whatsoever for any potential damages or loss and in accordance with article 9 of the civil code relating to protection of private life, they also recognise that the responsibility of Riviera Organisation can in no way be called into account in the case of use by an unknown third party.

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The Client hereby recognises that they have been informed and accept that the decision to use or not to use their image will be entirely at the discretion of Riviera Organisation. Riviera Organisation will not commit to, as such, using in whole or in part the recorded images. 

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This authorisation is given by the Client to Riviera Organisation for a period of 10 years from the signing of this contract, renewable by tacit agreement for 5-year periods and will remain valid in the case of a change of the name of the Client.

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Article 11 - Copyright & Royalties

In order to be able to broadcast music, it is the responsibility of the event organiser to carry out certain procedures and pay royalties. This means that any show must be declared to the relevant authorities, at least 2 weeks prior to the event, the relevant authority being the regional office of the SACEM (www.sacem.org). Royalties and copyrights are calculated as a proportion of the sales (income) and the expenditure of the event (tickets, food, drinks etc). The fee can be calculated in two ways: For events involving catering, a fee of 4.4% of the total artistic and catering budget for live music is due.  For a DJ the fee is 5.5% and a 65% surcharge for SPRE. For musical events (without catering) the fee is 8.8% of the artist budget which includes venue rental fees and technical and communication costs. For a DJ the fee is 11% and a 65% surcharge for SPRE. If no fee is paid to the artists, then travel expenses will be taken into account, including (but not restricted to) flights, accommodation, meals and gratuities. 

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In the event of a control on-site when no declaration has been made (or an incorrect calculation has been submitted), the event organiser would be responsible for full payment of the fee plus a minimum 20% surcharge.

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Article 12 - Claims/Complaints

Any and all complaint or claim will only be considered if it is made in writing and addressed to Riviera Organisation, within a maximum of 7 days after the end of the event.

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Article 13 - Litigagion​

In the case of litigation, any claim comes under the jurisdiction of the courts in the town where the Head Office is located. This agreement shall be exclusively governed by and interpreted in accordance with French law.