The Venue Promoter Agreement is essential for establishing a clear legal and operational framework between venue owners/operators and professional event promoters in Austria. This document is typically used when a venue seeks to engage a promoter for ongoing event organization and promotion, rather than for single events. It complies with Austrian civil law and regional event regulations (Veranstaltungsgesetz), covering crucial aspects such as revenue sharing, operational responsibilities, marketing rights, and risk allocation. The agreement is particularly important in the Austrian market where venues must ensure compliance with strict safety and event management regulations while maximizing their commercial potential through professional promotion services.
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1. Parties: Identification of the venue owner/operator and the promoter, including full legal names and addresses
2. Background: Context of the agreement, brief description of the venue and the promoter's business
3. Definitions: Key terms used throughout the agreement including 'Event', 'Venue', 'Gross Revenue', 'Net Revenue', etc.
4. Appointment and Scope: Terms of the promoter's appointment and the scope of their rights and responsibilities
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Venue Access and Availability: Terms regarding venue access, booking procedures, and calendar management
7. Financial Terms: Revenue sharing, payment terms, ticket pricing, and financial reporting requirements
8. Operational Requirements: Day-to-day operational responsibilities, staffing, and venue management
9. Marketing and Promotion: Marketing responsibilities, branding requirements, and promotional activities
10. Insurance and Liability: Required insurance coverage and allocation of liability between parties
11. Representations and Warranties: Standard representations and specific assurances from both parties
12. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Exclusivity: Terms of exclusive promotion rights, if applicable
2. Food and Beverage: If the agreement includes catering rights and responsibilities
3. Merchandising Rights: Terms for merchandise sales and revenue sharing, if applicable
4. Sponsorship and Advertising: If the agreement includes rights to sell venue sponsorship or advertising
5. Technical Services: If specific technical services are included in the promotion arrangement
6. Staff Training: If specific training requirements are needed for venue staff
7. International Acts: Special provisions for international performers and associated requirements
8. Recording Rights: Terms regarding recording of events and ownership of recordings
1. Schedule 1 - Venue Specifications: Detailed description of venue facilities, capacity, and technical specifications
2. Schedule 2 - Financial Terms: Detailed breakdown of revenue sharing percentages and payment calculations
3. Schedule 3 - Required Insurance: Specific insurance requirements and minimum coverage amounts
4. Schedule 4 - Operating Procedures: Detailed venue operating procedures and requirements
5. Schedule 5 - Marketing Guidelines: Specific requirements for marketing and promotional activities
6. Appendix A - Venue Plans: Floor plans and technical layouts of the venue
7. Appendix B - Equipment Inventory: List of venue equipment available for use
8. Appendix C - Contact Details: Key contacts for both parties and emergency contacts
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