GENERAL SALES CONDITIONS

Preamble

SWINGING MONTPELLIER is an event organized by the association Art, Corps et Lumière, whose head office is located at 4 bis rue Bazille Balard – 34000 Montpellier, France, registered in the national register of associations under number W343022899. The main activity of the association Art, Corps et Lumière is the organization of cultural events.

ARTICLE 1 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale apply to all services provided by SWINGING MONTPELLIER. They are sent to the customer at the same time as the commercial contract. In the event of any contradiction between the Special Terms and Conditions appearing on the commercial commitment form signed by the customer and those appearing in these General Terms and Conditions, the provisions of the form alone shall apply.

ARTICLE 2 – INTELLECTUAL PROPERTY

The purchaser undertakes not to reproduce the photographs, music or any other work protected by the rules of copyright for any use other than its representation in the family circle.All technical documents provided to our customers remain the exclusive property of SWINGING MONTPELLIER, the sole owner of the industrial property rights on these documents, and must be returned to SWINGING MONTPELLIER on request.our customers undertake not to make any use of these documents that might infringe SWINGING MONTPELLIER’s industrial or intellectual property rights, and undertake not to divulge them to any third party.

ARTICLE 3 – PRODUCTS

SWINGING MONTPELLIER makes every effort to describe and present the products accurately. However, errors may occur. SWINGING MONTPELLIER cannot be held responsible for such errors.furthermore, a supplier may slightly modify a product, notably to improve its quality.also, the photographs presented on the www.swingingmontpellier.fr website are not contractually binding.finally, the information on this site may be modified by the seller without prior notice.

ARTICLE 4 – REGISTRATION FORM

All services provided by SWINGING MONTPELLIER are subject to a detailed registration form, which is given to or e-mailed to the customer. This form includes the designation and type of services determined on the basis of the customer’s request, as well as the related terms and costs. No service provided by SWINGING MONTPELLIER will be carried out without a signed form and conditions from the customer.

ARTICLE 5 – SWINGING MONTPELLIER’S OBLIGATIONS

For the duration of the event, SWINGING MONTPELLIER undertakes to seek out and implement all the components as defined in the contract. SWINGING MONTPELLIER’s obligations with regard to compliance with the criteria may be redefined if more precise specifications are drawn up and accepted by the parties.SWINGING MONTPELLIER undertakes not to divulge any information provided by the Customer, which will be kept confidential.

ARTICLE 6 – CUSTOMER OBLIGATIONS

The Customer undertakes not to conceal from SWINGING MONTPELLIER or its agents any information that could delay, hinder, interfere with or disorganize the project or its completion. The Customer shall facilitate access to any information required by SWINGING MONTPELLIER. The Customer undertakes to comply with the special conditions of the selected participant(s) and, in particular, to pay any bond or guarantee that may prove necessary before full payment of all sums due.The Customer undertakes not to intervene directly, before, during or after the event, with SWINGING MONTPELLIER’s suppliers, subcontractors, artists, staff and collaborators.

ARTICLE 7 – FINANCIAL CONDITIONS

Fees – SWINGING MONTPELLIER will receive a fee for its services, as defined in the form. However, the customer retains the right to accept or reject SWINGING MONTPELLIER’s proposals. He can accept them as they are, request any modification subject to the deadlines authorizing the realization of the event, or quite simply refuse the whole project without having to specify the reasons. In the latter case, the customer will immediately release SWINGING MONTPELLIER from any obligation towards it, and will not be entitled to any reimbursement whatsoever of all or part of the deposits and fees paid. A flat-rate indemnity of €40 will be payable to the creditor for collection costs in the event of late payment. If the collection costs actually incurred are higher than this fixed amount, particularly in the case of recourse to a firm responsible for reminders and formal notices, additional compensation may be requested upon justification. The full cost of bailiff’s proceedings or any other disbursements required to enforce payment will remain entirely at the buyer’s expense.

ARTICLE 8 – LIABILITY

The customer is responsible for any direct or indirect damage that he or she or the participants may cause during the event. SWINGING MONTPELLIER declines all responsibility for damage of any kind (theft, damage, etc.) affecting goods of any kind (personal effects, equipment, etc.) brought by the Customer or belonging to participants, regardless of where the goods are stored (parking lot, lounges, checkrooms, lockers, etc.).SWINGING MONTPELLIER will be released from all obligations in the event of a force majeure or fortuitous event (strike, fire, water damage). Under no circumstances can SWINGING MONTPELLIER be held responsible for direct or indirect prejudice linked to the execution of the service(s) provided by the service provider(s) concerned, who is (are) solely responsible to the Customer.The Customer declares and guarantees that he/she has full legal capacity to commit to the form and that he/she holds valid civil liability insurance. To this end, the Customer undertakes to waive any claims against the organizer in the event of any of the aforementioned events, and to have his insurers and/or any participants waive such claims.

ARTICLE 9 – INSURANCE and CANCELLATIONS

SWINGING MONTPELLIER strongly advises the Customer to contact his broker/agent and/or insurer in order to study with him the validity of his civil liability insurance and the possible subscription of additional insurance concerning the event.If, after termination of the contract, the Customer carries out or has carried out the event defined by SWINGING MONTPELLIER, a sum equal to 50% of the plagiarized project will be due to the organizer. Cancellation by the Customer: in the event of withdrawal, refusal or cancellation by the Customer, no reimbursement or modification will be made beyond the legal withdrawal period. Please note that tickets are nominative and that you may be asked to show proof of identity to gain access to the class.for “couple” registrations, payment for both registrations with the names of both Clients will be requested on the registration form.for individual registrations in the LEADER or FOLLOWER category for the couple dance class, you will wear a bracelet specifying your role. Under no circumstances may you swap roles during the course. Cancellation on the part of SWINGING MONTPELLIER: in the event of cancellation by SWINGING MONTPELLIER of one or more services to be provided to its customer, the company provides professional liability insurance. In any case, SWINGING MONTPELLIER cannot be held responsible for the non-fulfilment of its obligations in the event of force majeure as defined by the French Civil Code, and in particular in the event of total or partial strike, flood, fire, computer breakdown, traffic accidents, human accidents, bad weather, revolts, demonstrations, etc. For all other causes, SWINGING MONTPELLIER will reimburse in full the sums contracted by Customers.

ARTICLE 10 – IMAGE RIGHTS

The Customer expressly authorizes SWINGING MONTPELLIER, and all its assignees:- To fix, reproduce, distribute and exploit its image, in whole or in part, in unlimited numbers, free of charge, throughout the world, in all formats, in color and/or black and white, on all current or future known media, and by all current or future means;- To distribute its image with the SWINGING MONTPELLIER logo. Consequently, the Customer guarantees SWINGING MONTPELLIER against any recourse and/or action that may be brought by individuals or legal entities who consider that they have any rights whatsoever to be asserted on the use of their image and who may oppose their distribution. The Customer hereby acknowledges and accepts that the decision whether or not to use their image will be left to the discretion of SWINGING MONTPELLIER. This authorization is granted for a period of five (5) years from the date of signature of this agreement, renewable by mutual agreement of the parties, formalized in writing, and will remain valid in the event of a change in its current civil status. SWINGING MONTPELLIER confirms that whatever the use, the type or the importance of the broadcast, the fixed remuneration of the services is fixed at ZERO (0) euros.

ARTICLE 13 – SANITARY MEASURES AND ACCESS CONDITIONS

The Swinging Montpellier Festival complies with the health measures in force in the fight against the COVID-19 pandemic. The customer is obliged to follow all health recommendations, whether in terms of screening, activation of the TousAntiCovid application or vaccinations. Should the customer fail to comply with health recommendations, access to the Swinging Montpellier festival will be refused. The association Art, Corps et Lumière cannot be held responsible for changes in access conditions to the Swinging Montpellier Festival or for any contamination by COVID-19.

ARTICLE 12 – COMPLAINTS

Any dispute or claim will only be taken into consideration if made in writing and addressed to SWINGING MONTPELLIER, within a maximum of eight (8) days after the end of the event.

ARTICLE 13 – DISPUTES

In the event of a dispute, jurisdiction is given to the courts in the town where the head office is located. The law applicable to contractual relations is exclusively French law.