Scope of application

1. For all contracts of the P61 Gallery GmbH with organizers and/or tenants (in particular use contracts) these general trading conditions apply exclusively.

2. Business conditions of the organizer (no matter of which kind) do not become part of the contract, as far as P61 Gallery GmbH does not explicitly agree to these business conditions.

Tasks and duties of the organizer

Duty of care, safety, damages

3. The organizer is aware that the event takes place in an architecturally valuable building. The organizer is obligated to exercise special care and to admonish his legal representatives, vicarious agents and/or assistants to exercise increased care. He shall ensure that the rooms provided, including the equipment therein, are treated with care and kept in a clean condition.

4. Impairments for the security or damages are to be indicated immediately to the P61 Gallery GmbH or their representatives. In case of danger, the organizer has to take the necessary measures to avoid the occurrence of damage or to reduce the consequences of damage. If the organizer omits the notification or fails to take the necessary immediate measures, he is obliged to compensate for the resulting damage.

Legal regulations, official permits and orders

5. The organizer shall comply with the statutory provisions, in particular the operating regulations, the noise protection regulations and the relevant accident prevention regulations.

6. The organizer shall be responsible for observing and complying with the relevant trade, regulatory and fire police regulations applicable to the intended use, as well as the provisions of the laws on the protection of minors.
7. It shall be incumbent upon him, insofar as personal or company-specific permit requirements are concerned, to obtain the official permits required for him and his company at his own expense, to ensure that they are maintained during the period of use, and to comply with orders issued by the regulatory authorities, even if they are issued subsequently. The organizer has to prove the necessary official permissions to the P61 Gallery GmbH on demand in time before the beginning of the event.

a. Checking for external damage and wear and tear before set-up and after dismantling.

b. Defects and damages have to be reported immediately (to the event manager by P61 Gallery GmbH).

c. Protection against unauthorized operation is to be ensured

d. Compliance with the approved assembly and load plans

e. Control of material attached to the supporting structure by other trades (lamps, loudspeakers, projectors, etc.)

Assembly and dismantling

8. Sufficient time must be allowed for the assembly and dismantling work so that the work can be carried out completely and without danger. Dates for the work are to be coordinated from the point of view of workflow organization and - depending on the contractually stipulated set-up and dismantling times - are to be agreed with P61 Gallery GmbH in good time.

9. The organizer is not authorized to drive nails into floors, walls, ceilings, etc., or to attach screws. 9. The organizer is not allowed to hammer nails into floors, walls, ceilings etc., to attach screws and/or to firmly connect other facilities and devices to the building without prior coordination with P61 Gallery GmbH.

10. The organizer is obligated to carry out all work necessary to ensure that the location of P61 Gallery GmbH is in the same condition at the end of the period of use as it was before the start of the set-up work. The organizer must completely remove any form of installations and equipment with which he has provided the location or which he has had carried out by third parties commissioned by him. 11.

11. The organizer is obliged to remove all objects brought in by him and/or commissioned third parties, no matter what kind, in particular superstructures and equipment immediately after the end of the event.

12. Objects left behind will be disposed of by P61 Gallery GmbH at the expense of the organizer after a period of 24 hours after the end of the event.

13. The organizer has to take care that all garbage is disposed of and taken away until the end of the period of use. Any waste left behind will be disposed of by P61 Gallery GmbH at the expense of the organizer.

Equipment

14. The extent of the equipment brought in by the organizer (e.g. superstructures and installations, machines, devices, furniture, decoration materials, etc.) is to be agreed upon in advance with P61 Gallery GmbH.

15. The equipment may only be brought in and set up in compliance with existing legal safety regulations. In particular, it must comply with fire protection regulations and is only permitted in a flame-retardant quality (DIN 4102 B1).

16. The installation of the equipment must not obstruct, impede or otherwise restrict the function of entrances, exits or escape routes. The covering or covering of safety lighting and pictograms is prohibited. Movement and parking areas for emergency and rescue vehicles must be kept clear at all times, as must fire extinguishing, fire detection and alarm equipment.

17. Superstructures, decorations, lighting and other equipment must be professionally constructed, load-bearing and stable. Injuries caused by splinters and sharp edges as well as other damage to health must be excluded. Hanging room decorations must remain at least 2.5 meters from the floor. Excluded from this are decorations on designated stage and scenery areas. 18.

18. The laying of wiring materials that do not comply with VDE regulations is prohibited.

19. The use of open fire and light or flammable materials is not permitted.

20. Artistic devices, dangerous scenic performances and the bringing and participation of animals are prohibited.

21. The use of confetti and similar materials is not permitted and will be assessed a cleaning fee of 2,500.00 EUR.

Organizational management/execution of the event

22. The organizer is responsible for the orderly and trouble-free running of the event.

23. The organizer shall provide for a qualified organizational management in which the rights to issue orders and make decisions are clearly regulated. He has to name a responsible person to the P61 Gallery GmbH, who is constantly present during the event and its construction and dismantling and who pays attention to the observance of the contractual use.

24. The organizer is responsible for the sufficient suitability of the personnel employed by him. The organizer shall provide for the necessary number of suitable technical specialists for the machines and equipment used. Only experienced and reliable persons over the age of 18 may be entrusted with the operation of stage equipment, lighting, sound, media and machinery. 25. The organizer shall ensure that, in the event of cooperation with a foreign technical service provider, a person responsible for event technology who has been examined and professionally recognized in accordance with German law is on site to supervise all event technology activities and to monitor compliance with all provisions under German law (in particular with regard to the Operating Ordinance, the Noise Protection Ordinance and the relevant accident prevention regulations). A corresponding proof is to be submitted to P61 Gallery GmbH at the latest two weeks before the start of construction. 26.

26. The representatives of P61 Gallery GmbH are to be allowed access to the location at any time.

27. The P61 Gallery GmbH is entitled to demand the replacement of forces of the organizer, including the personnel of third parties, as far as there is an objective reason (e.g. misconduct).

Valuables and wardrobe

28. During seated events, visitors are required to leave their checkroom in safekeeping for fire safety reasons.

29. P61 Gallery GmbH does not assume any liability for valuables, cash, checkroom and other objects brought by the organizer, his employees, his representatives, possible subtenants, visitors or other third parties.

Change of use, subletting, other transfer of use

30. The event location (venue) may be used by the organizer exclusively for the contractually agreed purpose and for the contractually agreed duration. Any change or extension of use requires the express prior consent of P61 Gallery GmbH. 31.

31. Subletting or other transfer of use to third parties - even partially - is only permitted with the express consent of P61 Gallery GmbH.

32. In the case of subletting or other transfer of use, the organizer is responsible for the behavior of the subtenant or the person to whom he has transferred the use of the location, as for his own behavior towards P61 Gallery GmbH.

Warranty, traffic safety, liability, period of use

Warranty

33. The takeover of the location takes place after its detailed inspection. With the takeover, the organizer acknowledges that the location is in a condition in accordance with the contract.

Event liability insurance

34. Unless otherwise stipulated in the contract, the Lessee shall be obliged to take out event liability insurance for the event with coverage for event-related personal injury, property damage and financial loss in the amount of at least 3 million euros (three million euros) at its own expense and to maintain such insurance during the rental period. The conclusion of the insurances is to be proven to the operator at the latest two days before the start of the event without being asked by presenting the respective insurance policy, the respective confirmation of cover or a current insurance confirmation of the liability insurer, unless otherwise agreed in the event contract. The obligation to take out insurance is an essential contractual obligation, the non-fulfillment of which entitles the operator to withdraw from the contract.

Traffic safety obligations

35. The organizer takes over with takeover of the location up to the complete dismantling the traffic safety obligations and releases the P61 Gallery GmbH from claims from the injury of the traffic safety obligations regarding the premises and mechanisms used by him. The maintenance obligations of P61 Gallery GmbH remain unaffected.

Liability of P61 Gallery GmbH

36. P61 Gallery GmbH is liable contractually and non-contractually only as follows:

a. in case of fraudulent concealment of defects, in case of non-existence of a guaranteed quality as well as in case of culpable injury of life, body or health without limitation, as far as such liability is not excluded or limited by law;

b. in the case of intentional or grossly negligent breaches of duty, whereby in the case of gross negligence on the part of non-executive employees, liability for material and financial damage shall be limited to the foreseeable damage typical of the contract;

c. in the case of other negligence for damage to property and financial loss only in the event of breach of material contractual obligations (cardinal obligations), whereby liability shall also be limited to the damage typical for the contract and foreseeable.
37. Insofar as the liability according to the above letters b) and c) for damage to property and financial loss is limited to the foreseeable damage typical for the contract, this shall also apply to loss of profit and savings. Liability for consequential harm caused by a defect shall also be excluded in these cases. 38.

38. As far as the liability is excluded or limited according to paragraphs 39 to 40 above, this is also valid for the personal liability of employees, representatives or assistants of the P62 Gallery GmbH.

Force majeure

39. Force majeure is, according to supreme court rulings, an external event that has no operational connection and cannot be averted even by the utmost reasonable diligence (BGH, judgement of 16.05.2017, file no. X ZR 142/15). 40.

40. the cancellation of individual artists or the untimely arrival of one or more participants, demonstrations, the security consequences of finding suspicious objects, bad weather including ice, snow and storms as well as known pandemics do not fall under the term "force majeure" in any case. These events are subject to the risk sphere of the organizer. The organizer is therefore recommended to take out a cancellation insurance for his event, which covers these risks accordingly.

41. P61 GmbH is not liable for unforeseen events that make it impossible to hold the event as scheduled and for which P61 Gallery GmbH is not responsible. If the event has to be closed due to force majeure or official order, and P61 Gallery GmbH is not the direct addressee of the official order, the organizer has a claim for contract adjustment against P61 Gallery GmbH.

Exceeding the period of use

42. The time of use includes the agreed-upon set-up and dismantling times as well as the duration of the actual event. If the usage time is exceeded, the organizer must pay a usage fee of EUR 250.00 per hour or part thereof for each floor used. For times between 12:00 a.m. and midnight, double this amount is to be paid. Further legal claims for damages remain unaffected, whereby a crediting of the accrued flat-rate usage fee will be made against the amount of damages.

Termination, Cancellation

43. The parties are entitled to terminate the usage contract without notice for good cause. An important reason is for the P61 Gallery GmbH in particular, if,

a. the organizer persistently violates his obligations under this contract (e.g. lack of consent in the case of a significant change of use, persistent violation of the safety regulations and requirements specified in the contract together with the annexes),

b. a disturbance of public safety and order is to be feared as a result of the intended event, or the implementation of the event violates applicable laws or official orders and requirements, or the necessary official permits are not granted.
44. If P61 Gallery GmbH makes use of the right to terminate the contract without notice, P61 Gallery GmbH retains the right to payment of the agreed usage fee and other ancillary costs, taking into account the expenses saved.

45. With a signed offer the organizer accepts the total offer. There is no possibility for the organizer to withdraw from the offer, because P61 Gallery GmbH now keeps this date free for the organizer. If the organizer would like to withdraw nevertheless, this goes only with 100% payment of the offer sum. In case of a re-booking, the original organizer may be reimbursed.

Other

46. In all announcements concerning the event, the venue is to be designated as follows: P61 Gallery, Potsdamer Straße 61 10785 Berlin.

47. The logo of P61 Gallery GmbH may only be used after prior consultation with P61 Gallery GmbH in compliance with the corporate design. All documents, posters, appearances on the Internet or in other media, on or with which the logo is to be used, must be submitted to P61 Gallery GmbH for approval before publication. This also applies to all other printed matter and media appearances produced in connection with the event as well as all press releases.

48. Advertising devices, signs, banners etc. may only be attached inside and outside the location with the prior express consent of P61 Gallery GmbH. They are to be removed again within the agreed period of use. 49.

49. The organizer may not allow any photo or film recordings for the purpose of commercial production of recordings at events without the consent of P61 Gallery GmbH.

50. The organizer is responsible for the registration of the event at the GEMA and other collecting societies (picture, word etc.) as well as for the payment of the artist social security contribution. He exempts P61 Gallery GmbH from claims of third parties in case of violation of these obligations.

51.The organizer is obligated to treat operational procedures and data of P61 Gallery GmbH, which become known in the context of the event, also beyond the agreed upon contract duration confidentially and to consider the regulations of the Federal Law for Data Protection. The organizer has to oblige subcontractors accordingly.