KALAB Terms and Conditions 

Welcome to KALAB! 

KALAB operates as a marketplace platform that allows event organizers to book the ideal live music for their event through the KALAB website. 

Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the KALAB Platform, you agree to comply with and be bound by these Terms.

These Terms were written in English. To the extent any translated versions of this agreement conflict with the English version, the English version controls.  

Last Updated: 12.05.2020

Definitions

“Artist” refers to the musicians showcased on the KALAB platform

“Client” refers to anyone who uses KALAB to book Artists showcased on the KALAB platform

“Users” refers to Artists and Clients using the KALAB platform 

“Listing” refers to an Artist’s offering visible on the KALAB platform 

 

  1. Statement of Rights and Responsibilities 
    1. This Statement of Rights and Responsibilities governs KALAB ARTS KlG’s (“KALAB”) relationship with Users and others who interact with www.kalabarts.com and imposes legal obligations on both you and KALAB. By accessing or using the KALAB platform, you acknowledge that you have read, understood and agreed to the Terms and Conditions. 

 

    1. KALAB provides an online platform that connects Artists with Clients seeking to elevate their event experience with live music. KALAB makes available a marketplace platform for its Users to meet online and arrange for bookings directly with each other. KALAB does not own, sell, resell, furnish, provide, hire, re-hire, manage and/or control Artists. Unless explicitly specified otherwise on the KALAB platform, KALAB’s responsibility is limited to facilitating the availability of the website. By using the website, you agree to comply with and be legally bound by KALAB’s Terms and Conditions, whether or not you become a registered User of KALAB. Failure to use the website in accordance with these Terms may subject you to civil and criminal penalties. 

 

    1. The KALAB service is comprised of an online platform that enables Artists to be showcased through Listings and Clients to directly book entertainment with the Artists. You understand and agree that KALAB is not a party to any agreements entered between a Client and an Artist and is not an entertainer broker, agent or insurer.  KALAB has no control over the conduct of Artists, Clients and other Users of the website and disclaims all liability in this regard to the maximum extent permitted by Law

 

 

  1. Using the KALAB platform
    1. When Users make or accept a booking, they are entering into a contract directly with each other. KALAB is not and does not become a party to any contractual relationship between Users.

 

    1. Any references to an Artist being "verified" (or similar language) only indicates that the Artist has completed a relevant and basic verification process and nothing further. Any such statement does not endorse or guarantee any Artist, including the Artist’s identity or background, suitability, safety or trustworthiness.

 

    1. It is the responsibility of the Users to always exercise due diligence and care when deciding whether to accept an Artist, accept a booking request from a Client, or communicate and interact with other Users, whether online or in person.

 

    1. If you decide to use the KALAB Platform as an Artist, you act solely on your own behalf and for your own benefit, and not on the behalf or benefit of KALAB. Your relationship with KALAB is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of KALAB, for any reason.

 

  1. User Verification, and Eligibility
    1. In order to use and register with KALAB you must be at least 18 years old and able to enter into legally binding contracts. By accessing or using the KALAB Platform you can guarantee that you are 18 or older and have the legal capacity and authority to enter into a contract.

 

    1. KALAB may require certain conditions or requirements to be met in order to grant access to certain areas or features of the KALAB Platform, such as meeting specific quality and eligibility standards, and completing a verification process.  

 

    1. We do not assume any responsibility for the confirmation of any User’s identity.

 

  1. Account Registration 
    1. You must register an account ("KALAB Account") using an email address and password to access and use certain features of the KALAB Platform.

 

    1. If you are registering a KALAB Account for a company or other legal entity, you represent and can prove that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

  1. Content 
    1. You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. KALAB may require the immediate removal of any User Content that KALAB finds to be in violation of these Terms, or otherwise may be harmful or objectionable to KALAB, its Users or third parties.

 

    1. You either are the sole and exclusive owner of all User Content that you make available on or through the KALAB Platform or you have all rights, licenses, consents and releases that are necessary to grant to KALAB the rights in and to such User Content. Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or KALAB’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

    1. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any UserContent on or through the KALAB Platform, you grant to KALAB a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the KALAB Platform, in any media or platform. Unless you provide specific consent, KALAB does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

 

 

  1. Payments and Fees 

Definitions: 

“Artist Fee” refers to the musicians “Gage” that is due and payable by the Client in exchange for live entertainment. The Artist determines this amount and will receive this amount without any deductions. 

“Service Fees” refer to the fees that KALAB charges a Client for the usage of its online platform. It is calculated as a percentage of the Artist Fee. The Service Fees are added (as a mark-up) to the Artist Fee and displayed as Total Fees. 

“Total Fees” refer to the total amount the Client has to pay when using the KALAB platform (Artist Fee + Service Fees). This is the amount that is displayed to the Client throughout the booking process. 

    1. KALAB does not charge its Artists any fees to be displayed on or booked through the platform. All Service Fees for the usage of the KALAB platform are paid by the Client. 

 

    1. Payments over the platform are made through the payment provider Stripe.

 

 

 

  1. Terms specific for Artists
    1. Terms applicable to all Listings
      1.  You must provide KALAB with complete and accurate information about your Artist Service (such as listing description, music style, location and any other relevant information requested by KALAB). 
      2. In case of changes of the information provided in 6.1.1, you must ensure that your listing displays the most accurate information about your Artist Services at all times.

 

      1. When you accept a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Artist Service to the Client as described in your Listing and as discussed and agreed upon through the chat feature when the booking request was made.

 

      1. As an Artist you must ensure professionalism (e.g. punctuality, appropriate dress code, high quality of service, no alcohol abuse and no substance use prior and during the event, no destruction of property, no discrimination and no form of verbal, physical and sexual harassment) at all times. Furthermore an Artist must maintain decorum and a respectful attitude in regards to verbal and physical engagement with the Client and their guests.  

 

      1.  A misdemeanor or gross violation of the terms listed in article 6.1.4 will lead to the reassessment of the Artist’s participation and possible exclusion from the KALAB platform. KALAB has a zero tolerance policy in regards to cases of alcohol and substance abuse, harassment and discrimination and will enforce the immediate exclusion of the Artist from the KALAB platform. 

 

    1. Listing Artist Services
      1. KALAB reserves the right to decide to publish a submitted Artist listing on the KALAB Platform. In order to be considered for publishing, Artist Services must meet quality standards set by KALAB.

 

      1. Artists have the right to continue providing their services outside the KALAB platform. KALAB does not hold any exclusivity. 

 

  1. Terms specific for Clients
    1. You agree to pay the Total Fees (as described in the definitions in part 5) for any booking requested in connection with your KALAB Account.

 

    1. Upon receipt of a booking confirmation from KALAB, a legally binding agreement is formed between you and the Artist.

 

    1. As a Client you must ensure professionalism (e.g. no destruction of Artist property, no discrimination and no form of verbal, physical and sexual harassment) at all times. Furthermore, the Client must maintain decorum and a respectful attitude in regards to verbal and physical engagement with the Artist.

 

    1. A misdemeanor or gross violation of the terms listed in article 7.3 will lead to the reassessment of the Client’s participation and possible exclusion from the KALAB platform. KALAB has a zero tolerance policy in regards to cases of harassment and discrimination and will enforce the immediate exclusion of the Client from the KALAB platform.

 

  1. Cancellations, Refunds, & Resolution
    1. Artist Cancellation
      1. Artist cancellations at any time will result in zero remuneration for the Artist. The Client will receive a full refund (Total Fees). KALAB will provide the Client with alternative Artist recommendations to the best of their ability but does not promise a replacement. 

 

      1. In the case of recurring Artist cancellations, the participation of the Artist on the KALAB platform will be at jeopardy and will be re-evaluated by KALAB.  

 

    1. Client Cancellation 
      1. Clients may make a cancellation up to 10 days prior to the event and receive a full-refund of the Artist Fee. However, the Service Fee will not be refunded. 

 

      1. Client cancellations less than 10 days prior to the event will only result in a 50% refund of the Artist Fee and the Artist will keep the remaining 50% of the Artist Fee as a compensation. The Service Fees will not be refunded to the Client. 

 

      1. If the Artist has already left for/arrived at the site and the event is cancelled last minute, the client must cover the transportation cost in addition to the 100% Artist Fee and the Service Fee

 

      1. In the case of cancellations resulting from extenuating circumstances the terms of 8.2.1, 8.2.2 and 8.2.3 do not apply. In the following circumstances the client will receive a full refund of the Total Fee: i.Serious Illness of the client. To be confirmed (in writing) by a registered medical practitioner. ii.Unexpected death or serious illness to immediate family (grandparents, parents, spouse/ partner, legal guardian, siblings, and children). iii.Significant natural disasters or severe weather that inhibits travel to or from the location of the event and jeopardizes the safety of the Client and Artist. 

 

 

  1. General Provisions
    1. Unless supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between KALAB and you.

 

    1. No joint venture, partnership, employment, or agency relationship exists between you and KALAB as a result of this Agreement or your use of the KALAB Platform.

 

    1. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

    1. Your right to terminate this Agreement at any time remains unaffected.

 

    1. Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by KALAB via email.

 

  1. Modification of these Terms

 

We reserve the right, to the extent permitted under the applicable law, to modify these Terms and Conditions at any time. KALAB shall communicate modifications in advance and in an appropriate manner. The modifications shall be deemed to have been accepted  by the Amt für Wirtschaft und Arbeit, Arbeitsvermittlung und Personalverleih, Basel-Stadt. In the event of objection of the updated Terms, the Users are free to terminate their relationship with KALAB

 

 

  1. Place of jurisdiciton 

The sole place of jurisdiction is Basel Stadt, Switzerland. Swiss law applies. 

 

*End of KALAB Terms and Conditions