General Terms and Conditions

General Trade Terms for the rental of performance material

According to the Regulation (EU) No 524/2013 of the European Parliament on online dispute resolution for consumer disputes you can find the resp. form here.:

1. The performance material furnished by the publisher must be examined immediately upon receipt with regard to the contents and completeness thereof. The publisher must be notified of any possible claims not later than ten days following the receipt of the material. Any claims filed after the expiration of the period will no longer be recognized. 

2. a) The delivery of the material will be effected at the risk of the contracting party. Any liability arising from delayed delivery will not be assumed by the publisher. This does not apply if the delay is caused by gross negligence or done with specific intent.
    b) The performance material must be returned to the publisher without undue delay, and at the cost and risk of the contracting party, following the date of the last performance or expiration of the rental period specified in the delivery note. 
    c) In the event that the performance material is not returned by the date specified, 10% of the stipulated rental payment may be charged for each new month started - the minimum charge, however, will be Euro 50-.
    d) Performance material or parts thereof which have been lost, severely damaged or otherwise rendered useless are to be replaced at the cost of the new purchase price which must be reimbursed to the publisher.
    e) The contracting party shall bear all the costs relating to the procurement and delivery of the performance material. 

3. a) In the event that the performance/s are cancelled, the publisher must be immediately informed regarding this matter and the performance material returned without undue delay. In this case, half of the rental payment shall become due. The payment of the total amount of the rental fee shall be required however, in case of failure to notify or to return the delivered performance material in full.
    b) The publisher must also be informed, without undue delay, if there are any postponements regarding the performance/s. In the event that the performance/s are not resumed within two months, half of the amount of the invoiced rental fee shall be charged by the publisher as a cancellation fee. 

4. In case an invoice is transferred to the account of a third party after the issuance of the said invoice to the contracting party, the publisher shall have the right to charge the contracting party for the reimbursement of expenses to the amount of Euro 30,00 plus statutory value-added-tax for each invoice transferred. 

5. a) The contracting party shall be allowed to use the performance material only for the performance/s specified in the agreement. He is prohibited from using the material, either in whole or in part, for extracts or adaptations, or for copying, digitalization or reproduction purposes - regardless of the technical means.
    b) The use of the material for all types of audio/audio-visual production, digital storage (on-line/off-line), transmission, creation of perceptible media, etc., is expressly prohibited without the prior written consent of the publisher.
    c) In the event that the publisher consents to a use of the material other than that stipulated in the contract, an additional payment for such use of the material must be agreed upon by the parties concerned.
    d) The contracting party is prohibited from entrusting, lending or renting out the performance material to a third party, either in whole or in part, or for any purpose whatsoever. In case violations are committed in this regard, the contracting party shall be liable to pay damages to the publisher in the amount corresponding to the loss incurred.
    e) Performances of a dramatic-musical nature, e.g. dance performances, mimic-gesticulatory performances - with or without costumes, and with or without scenario - as well as work combinations of all types, are not covered by this contract and shall therefore require a separate agreement. In this regard, a contract with the publisher must be concluded in due time, prior to the date of performance.
    f) All types of copyrights, e.g. for programs, leaflets or other publications in connection with the performance/s which are covered by the contract, must be acquired from the publisher, at least two weeks prior to the date of performance.
    g) Parts of the material which are delivered for approval, may not be used for performances, recording or any other types of exploitation, without the prior consent of the publisher.

6. The right of public performance is not covered by this contract, but such right must be acquired from the appropriate  collecting society (in Germany GEMA and VG-Musikedition). The performance/s must be registered and all the beneficiaries of the work in question (i.e. composer, arranger (if applicable), lyricist, translator (if applicable), editor (if applicable), publisher) must be declared upon registration. In case the performance is not duly registered at the appropriate collecting society, the contracting party shall be liable to pay damages to the publisher in the amount corresponding to the lost performance fees, provided that the provisions specified by the collecting society are not contrary thereto. In case there are no collecting societies in the country of performance, a separate agreement is to be made with the publisher as far as performance rights and fees are concerned. 

7. a) For each performance, the publisher shall be entitled to two free tickets in the best category. If the contracting party and the organizer are not identical, the contracting party is under obligation to guarantee the satisfaction of this claim. 
    b) Within one week following the date of performance, the contracting party is also under obligation to provide the publisher with 2 copies of the program issued for the performance (fre of charge) and if possible, press reports. 

8. In the event that the contracting party should fail to comply with the foregoing conditions, the publisher shall reserve the right to claim damages.

9. This contract is subject to the law of the Federal Republic of Germany. Jurisdiction shall be, in so far as permitted by law, the respective headquarters of the publisher.

Kassel, January 2012


General Terms and Conditions for the Use of Digital Performance Materials

1. ALKOR-EDITION KASSEL GmbH ("PUBLISHER") as the agency for stage and orchestra of Bärenreiter Verlag offers the CUSTOMER musical performance material in digital form ("digital sheet music") subject to the following terms and conditions. These shall remain valid unless replaced by a written agreement to the contrary between the PUBLISHER and the CUSTOMER.

2. A contract for the use of digital sheet music shall be deemed to have been concluded between the PUBLISHER and the CUSTOMER if the CUSTOMER requests the PUBLISHER to provide digital sheet music via a service provider designated by the CUSTOMER ("SERVICE PROVIDER") and the PUBLISHER agrees to provide such digital sheet music in a binding manner.

3. The PUBLISHER shall make the digital sheet music available to the CUSTOMER as a pdf file via the SERVICE PROVIDER. The use of the digital sheet music by the CUSTOMER requires that the CUSTOMER concludes a contract with the SERVICE PROVIDER. The effectiveness of this contract of utilization between the PUBLISHER and the CUSTOMER is independent of the conclusion and effectiveness of the contract between the CUSTOMER and the SERVICE PROVIDER.

4. The PUBLISHER shall be released from its obligation to make the digital sheet music available as soon as it has transmitted the digital sheet music to the SERVICE PROVIDER designated by the CUSTOMER. The PUBLISHER shall not be liable for any failure of performance occurring in the relationship between the CUSTOMER and the SERVICE PROVIDER. The PUBLISHER points out that a digital device may be required for the perceptibility of the digital sheet music, which the CUSTOMER must obtain himself. Furthermore, the CUSTOMER may incur additional costs through the use of the digital sheet music, such as subscription fees or telecommunication fees charged by third parties.

5. The CUSTOMER may use the digital sheet music only for his own performances at the agreed location or only for the contractually agreed purposes. In particular, he may not copy, print, copy or otherwise physically or incorporeally reproduce them in whole or in part and/or make them available to a third party, whether in return for payment or free of charge and regardless of the purpose. Transmissions of the work noted in the digital sheet music by radio, television or the Internet (streaming or download offers) or the recording or storage of the work on sound, image-sound or other data carriers, regardless of the purpose ("secondary exploitation"), are not permitted without the express permission of the PUBLISHER.

6. The CUSTOMER undertakes to pay to the PUBLISHER the usage fees agreed in the usage agreement or, if no written usage agreement has been concluded, the customary usage fees for the transfer of the digital sheet music. Usage fees charged by the PUBLISHER for the supply of physical performance material are deemed to be customary. Any cancellation of a scheduled performance shall not affect the CUSTOMER's obligation to pay the usage fee.

7. The CUSTOMER undertakes to inform the PUBLISHER immediately in writing of any planned additional exploitation of the works performed using the digital sheet music. If the PUBLISHER approves an additional exploitation ("secondary exploitation"), an additional usage fee shall be payable.

8. The CUSTOMER shall check the digital sheet music for correctness and completeness immediately after it has been made available by the SERVICE PROVIDER. Any complaints can only be accepted if they are made within three working days after the provision of the digital sheet music by the SERVICE PROVIDER.

9. The use of the digital sheet music is limited in time to the period of use agreed in the usage agreement. If the period of use is not expressly limited, it shall be a maximum of one week after the last performance. If the possibility of using the digital sheet music after the end of the contract period is not already restricted or terminated by technical measures taken by the SERVICE PROVIDER, the CUSTOMER is obliged to permanently delete the digital sheet music from all storage media used by him after the end of the usage period.

10. If the technology used by the SERVICE PROVIDER allows digital settings, inscriptions or other additions and their storage by the CUSTOMER, the CUSTOMER undertakes to make these additions available to the PUBLISHER free of charge after expiry of the period of use. Furthermore, the CUSTOMER authorizes the PUBLISHER to make these digital facilities, inscriptions or other additions available to other CUSTOMERS free of charge. 

11. If an invoice that has already been issued is subsequently changed at the CUSTOMER's request, in particular if the invoice recipient or the customer address is to be changed, the PUBLISHER shall be entitled to reimbursement of expenses in the amount of Euro 50.00 (plus VAT, if applicable) for each changed invoice at the expense of the CUSTOMER.

12. the right of public performance is not the subject of the license agreement, but must be acquired, if necessary, from the responsible collecting society GEMA or VG Musikedition or - for example in the case of performances of dramaticmusical works or stage performances of other musical works as integrating components of dramatic-musical stage works - directly from the PUBLISHER. Notification of the performance(s) must include the names of all persons entitled to the work (composer, arranger or editor, if any, lyricist, translator, if any, editor, publisher). If the performance is not properly reported to the responsible collecting society, the CUSTOMER shall be liable to the PUBLISHER in the amount of the lost performance fee. In the event that no competent collecting society exists in the respective country of performance, a separate agreement shall be made with the PUBLISHER regarding the performance rights and their remuneration.

13. The PUBLISHER must be informed in good time of any postponements. The PUBLISHER is entitled to two free tickets of the first or second price category for each performance. If the CUSTOMER and the organizer are not identical, the CUSTOMER shall ensure the fulfillment of this claim. Furthermore, programs are to be sent to the PUBLISHER immediately after the performance. The CUSTOMER shall ensure that a corresponding copyright notice with the correct name of the PUBLISHER appears in the program booklet.

14. If the CUSTOMER violates one of the above provisions, a contractual penalty in the double amount of the agreed usage fee or, if no usage fee has been agreed, of the usual usage fee shall become due. Other claims of the PUBLISHER in connection with the provision of the digital sheet music which arise as a result of additional utilization not approved by the PUBLISHER (such as possible claims for damages) shall not be compensated by this and shall be payable in addition to the contractual penalty.

15. The entire contractual relationship between the PUBLISHER and a commercial CUSTOMER shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the PUBLISHER and the CUSTOMER shall be Kassel.

16. These General Terms and Conditions shall apply to all contracts for digital sheet music from 01.03. 2021.