Terms.

1. Scope

1.1 These terms apply to agency, booking, consulting, management, strategy, marketing, media, content and creative services provided by 4REACT UG (haftungsbeschränkt) (“4REACT”).

1.2 Individual agreements and proposals, such as booking agreements, representation agreements, media and creative services agreements and statements of work, including their riders and annexes, take precedence over these terms.

1.3 Deviating, conflicting or supplementary terms of the client do not become part of the contract unless 4REACT has agreed to them in text form.

2. Contract formation and form

2.1 Website content is not a binding offer. A contract is formed when a 4REACT proposal is accepted in text form. Beginning work at the client’s request is not an acceptance. Scope, schedule, fees and usage rights are governed primarily by the proposal.

2.2 Electronic signatures, including signature through the 4REACT signature portal, are valid, except where the law requires written form; such documents are signed by hand or with a qualified electronic signature. Notices may be given by email to the addresses stated in the contract. Between entrepreneurs, an email is deemed received on the business day after sending unless the recipient shows that it did not arrive; for consumers, the statutory rules on receipt apply.

3. Services, agency role and changes

3.1 4REACT performs services with customary professional care. Unless a specific result is expressly agreed, no particular commercial, media or artistic outcome is owed.

3.2 Where 4REACT acts as booking agent, it contracts in the name and on behalf of the represented artist. The performance obligations arise between the promoter and the artist; 4REACT does not itself owe the artistic performance.

3.3 Changes and additional work may affect schedules and fees and are agreed before they are carried out. 4REACT may use qualified subcontractors and remains responsible for their work as for its own.

4. Client cooperation

4.1 The client supplies content, approvals, access and information on time and appoints authorized contacts. Delays or additional work caused by missing cooperation may be charged and may move deadlines.

4.2 The client confirms that materials it supplies may be used lawfully and indemnifies 4REACT against third-party claims arising from their agreed use, to the extent the client is responsible for the infringement.

5. Fees and payment

5.1 Agreed fees are plus statutory VAT where applicable. Third-party costs, media budgets, travel, licenses and production costs are included only when expressly stated.

5.2 Unless otherwise agreed in text form, invoices are payable within 30 days of the date of the invoice. 4REACT may make the start of work conditional on an advance payment of 50 percent of the agreed net fee, with no upper limit, and may require interim payments. For a first engagement with a new client, an advance payment of up to the full agreed net fee may be required. Details are in our payment terms.

5.3 If the client is in default, statutory default interest applies (Section 288 BGB). After a reminder in text form with a reasonable deadline, 4REACT may suspend further services until the amounts due are paid, and may make further work for that client conditional on advance payment. A client acting as an entrepreneur may only set off claims that are undisputed or finally adjudicated. The statutory rights of consumers remain unaffected.

6. Dates and force majeure

6.1 Dates are binding only when expressly confirmed in text form.

6.2 An unavoidable impediment outside reasonable control, such as force majeure, may justify an appropriate adjustment of deadlines under applicable law. The affected party informs the other without undue delay and mitigates the consequences. Ordinary failures of suppliers, staff or platforms do not by themselves excuse performance. Where 4REACT acts as booking agent, an artist’s cancellation is governed by the booking agreement between promoter and artist. Statutory withdrawal, termination, damages and refund rights remain unaffected.

7. Approvals and acceptance

7.1 The client reviews drafts and interim results carefully. An approval covers visible and recognizable issues. Additional creative changes are additional services only if agreed beforehand; correcting contractual defects is never charged as extra work.

7.2 Any deemed acceptance meets the requirements of Section 640 BGB, including the notice required for consumers.

8. Usage rights

8.1 Rights remain with 4REACT or the relevant rightsholder until full payment. The client then receives the rights described in the proposal.

8.2 Unless agreed otherwise, rights are non-exclusive, limited to the contractual purpose and non-transferable. Open files, raw material, concepts and rejected drafts are included only when expressly agreed. Third-party rights remain subject to their license terms.

9. Portfolio use

9.1 After publication, 4REACT may present completed work as a reference and name the client or show its logo, unless legitimate confidentiality interests or a separate agreement prevent this.

10. Confidentiality and privacy

10.1 Both parties keep recognizably confidential, non-public information confidential. A separate non-disclosure agreement remains unaffected.

10.2 Personal data is processed under applicable data protection law, as described in our privacy policy. Where required, the parties enter into a data processing agreement under Art. 28 GDPR.

11. Liability

11.1 4REACT is liable without limitation for intent, gross negligence and injury to life, body or health, and under the Product Liability Act. For slight negligence in breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Liability for other slight negligence is excluded. Mandatory statutory liability remains unaffected.

12. Term and termination

12.1 The proposal defines the term and notice periods. Where none is specified, ongoing service contracts may be terminated with four weeks’ notice to the end of a month. Termination for cause remains possible.

12.2 Services performed and binding third-party costs remain payable.

12.3 Where the proposal does not itself state cancellation fees and the client cancels a confirmed date or booking, 4REACT may charge 25 percent of the agreed fee if the cancellation reaches 4REACT up to 14 days before the agreed start, 50 percent up to 7 days before it, and 100 percent thereafter, in each case plus third-party costs already committed. 4REACT credits the expenses it saves and what it earns by using its time otherwise, and the compensation does not exceed the loss typically to be expected in the ordinary course of events. The client remains free to prove that no loss or a materially lower loss was incurred (Section 309 No. 5 BGB). A live booking is governed by the cancellation scale of the booking agreement.

13. Consumers and cancellation

13.1 Consumers generally have a statutory right of cancellation for distance contracts. Details are in our cancellation policy. Early performance begins only after an express request and the legally required acknowledgement.

14. Dispute resolution

14.1 4REACT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

15. Language and versions

15.1 These terms are drawn up in English. The version in force when a contract is concluded applies to it; its date is stated above. Changes to these terms apply to ongoing contracts only if the client agrees in text form.

15.2 Where the website terms and a signed copy of these terms differ, the version stated in the signed copy applies to that contract.

16. Final provisions

16.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not remove the protection of mandatory provisions of the law of their habitual residence.

16.2 Berlin is the place of jurisdiction for merchants, legal entities under public law and special funds under public law; mandatory places of jurisdiction for consumers remain unaffected. If a provision is invalid, the remaining provisions remain effective.