Preamble

Swinging Montpellier designates an event of the AC&L association whose head office is located at 220 cours balguerie stuttenberg, 33300 Bordeaux, registered in the national directory of associations under the number W332021836

Swinging Montpellier organizes a public event.

ARTICLE 1 – APPLICATION OF THE GENERAL CONDITIONS OF SALE

The general conditions of sale apply to all services provided by Swinging Montpellier. They are sent to the client at the same time as the engagement contract. Where applicable, the Appendices necessary for the performance of the service described in the future contract. In the event of contradiction between the Special Conditions appearing on the form signed by the Customer and those appearing in these General Conditions, the provisions of the form alone are applicable.

ARTICLE 2 – INTELLECTUAL PROPERTY

The denominations, commercial names or brands of the products remain the exclusive property of their respective owners, either as the case may be the BORDEAUX SWING association or any other beneficiary.

The buyer agrees to not to reproduce the photographs, music or any other work protected by the rules of copyright for any use other than that of its representation in the family circle.

All technical documents provided to our customers remain the exclusive property of Swinging Montpellier, the sole holder of the industrial property rights to these documents, and must be returned to it at its request.

Our customers undertake not to make any use of these documents likely to infringe the industrial or intellectual property rights of Swinging Montpellier and undertake not to disclose them to any third party.

ARTICLE 3 – PRODUCTS

Swinging Montpellier strives to describe and present the products accurately. However, errors may have occurred. Swinging Montpellier cannot be held liable.

In addition, a supplier may need to slightly modify a product in particular to improve its quality.

Also, the photographs presented on the site www. swingingmontpellier.fr does not enter into the contractual field.
Finally, the information on this site may be modified by the seller without notice.

ARTICLE 4 – REGISTRATION FORM

Any intervention by Swinging Montpellier is the subject of a registration form, detailed and delivered or sent by e-mail to the customer. This form includes the designation and type of services determined from the request expressed by the Customer as well as the terms and costs relating thereto.

No service, no provision of Swinging Montpellier will be carried out without a form and conditions signed by the client.

ARTICLE 5 – OBLIGATIONS OF SWINGING MONTPELLIER

For the duration of the event, Swinging Montpellier undertakes to research and implement all the components as defined in the contract. Swinging Montpellier’s obligations regarding compliance with the criteria may be redefined if more precise specifications are established and accepted by the parties.

Swinging Montpellier undertakes not to divulge the information provided by the client, which will be considered confidential.

Any information collected within the framework of the establishment of the specifications may be communicated to the commercial partners of Swinging Montpellier who will be bound by the same rules of confidentiality.

ARTICLE 6 – CUSTOMER OBLIGATIONS

The client undertakes not to conceal from Swinging Montpellier or its stakeholders any concealment that would be likely to delay, hinder, upset or disrupt the project or its implementation. The client will make sure to facilitate access to the information that Swinging Montpellier needs. The customer undertakes to respect and fulfill the particular conditions of such (s) or such (s) selected stakeholder(s) and in particular to pay any surety or guarantee which may prove necessary before the perfect payment of all amounts due.

The customer agrees not to intervene directly, before, during and after the event, with suppliers, subcontractors, artists, personnel and collaborators of Swinging Montpellier.

ARTICLE 7 – FINANCIAL CONDITIONS

Fees
Swinging Montpellier will receive, for its service, intervention fees defined in the form.
The customer remains however entitled to accept or not the proposals of Swinging Montpellier. 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 would immediately release Swinging Montpellier from any obligation towards him and could not claim, as a result, any reimbursement whatsoever of all or part of the deposits and fees paid.

A fixed indemnity of 40€ will be due to the creditor for expenses of recovery, on the occasion of any late payment. This lump sum is added to the late payment penalties.

If the recovery costs actually incurred are higher than this fixed amount, in particular in the event of recourse to a firm responsible for reminders and formal notices, additional compensation on justification may be requested.

The entirety of bailiff’s procedural costs or any other disbursements necessary for the execution forced payment will remain entirely the responsibility of the buyer.

ARTICLE 8 – RESPONSIBILITIES

The customer is responsible for any direct or indirect damage that he or the participants may cause during the event. Swinging Montpellier accepts no liability for damages of any kind whatsoever. (Theft, damage, etc.) affecting property of any kind (personal effects, equipment, etc.) brought by the customer or belonging to the participants, regardless of where the property is stored (car park, lounges, etc.).

Swinging Montpellier will be released from any obligation in the event of a force majeure or fortuitous event occurring (strike, fire, water damage). Under no circumstances can Swinging Montpellier be held liable for any direct or indirect damage related to the performance of the service(s) provided by the service provider(s) concerned, which is (are) solely responsible to the customer.

The customer declares and guarantees to have the full legal capacity allowing him to engage in the title of the form and that he holds liability insurance valid civil. To this end, the customer agrees to waive and to have its insurers and/or any participant waive the case applicable, to any recourse against the organizer in the event of occurrence of any of the aforementioned events.

ARTICLE 9 – INSURANCE AND CANCELLATIONS

Swinging Montpellier strongly advises the customer to approach 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 possible termination of the contract, the Customer were to carry out or have carried out the event which would have been defined by Swinging Montpellier, a sum equal to 50% of the plagiarized project would be due to the organizer.

Cancellation by the customer : in the event of withdrawal, refusal or cancellation by the customer, Swinging Montpellier will reimburse the sums paid as follows:

On Full Passes: 50% of the amount between April 30, 2018 and August 31, 2018 inclusive.

On Full Passes: No refund beyond September 01, 2018.

On Evenings (Pass or individually): No refund in the event of cancellation.

For the Complete Pass, in the absence of registration of the indicated partner for the subscriber within 10 days of registration, BORDEAUX SWING FESTIVAL will cancel the subscriber’s registration and refund 90% of the amount of the Full Pass, i.e.: €130.50. Subscribed Evenings will not be reimbursed.

Cancellation by Swinging Montpellier: in the event of cancellation by Swinging Montpellier of one or more services to be provided to its client, the company provides professional civil liability insurance. In any case, it cannot be held responsible for the non-performance of its obligations in the event of force majeure defined by the Civil Code and in particular in the event of a total or partial strike, flood, fire, computer breakdown, traffic accidents, human accidents, bad weather, revolts, demonstrations… For all other causes, Swinging Montpellier will fully reimburse the sums contracted by the customers.

ARTICLE 10 – IMAGE RIGHTS

The client expressly authorizes Swinging Montpellier, and all its assignees:

– To fix, reproduce, distribute and exploit its image, in whole or in part, in unlimited numbers, as graceful, worldwide, in all formats, in color and/or in black and white, on all known current or future media, and by all current means or to come;

– To broadcast its image with the Swinging Montpellier logo. Consequently, the client guarantees Swinging Montpellier against any recourse and/or action that may be brought by natural or legal persons who believe they have any rights whatsoever to assert on the use of their image which may oppose their dissemination.

The client acknowledges having already been informed and accepting that the decision to use his image or not will be left to the discretion of Swinging Montpellier. Swinging Montpellier makes no commitment to use all or part of the recorded images in this respect.

This authorization is granted for a period of ten (10) years from the signing hereof, renewable by mutual agreement of the parties, formalized in writing, and will remain valid in the event of a change in his current marital status. Swinging Montpellier undertakes to solve any problems related to the use of photos.

Swinging Montpellier confirms that whatever the use, the type or the importance of the broadcast, the fixed remuneration for the services is set at ZERO (0) euros.

ARTICLE 11 – COMPLAINTS

Any dispute or complaint can only be taken into consideration if it is formulated in writing and sent to Swinging Montpellier, within a maximum of eight (8) days after the end of the event.

ARTICLE 12 – DISPUTE

In the event of a dispute, the attribution of jurisdiction is made with the courts in the city where the registered office is located. The law applicable to contractual relations is exclusively French law.