Terms & Conditions

01

Service Provider Identity

The services marketed under the Maison Mondaine brand are provided by:

Hereinafter referred to as “Maison Mondaine”.

02

Scope of Application

These General Terms and Conditions, hereinafter referred to as the “GTC”, set out the conditions applicable to the services offered by Maison Mondaine.

These include in particular the creation and production of shows and artistic experiences, artistic direction, bespoke concept design, artist booking and coordination, artistic performances, event entertainment, set design, creative consultancy and, more generally, any artistic, creative, event or production service agreed with the Client.

The precise characteristics of each service are defined in the corresponding quotation, commercial proposal, order form, specific terms or contract.

These GTC apply subject to any mandatory provisions that may be applicable, in particular where the Client acts as a consumer.

In the event of conflict, the specific terms expressly agreed in the quotation or contract take precedence over these GTC.

03

Quotation and Contract Formation

The information, creations, artists, concepts and services presented on the Maison Mondaine website are provided for presentation purposes and do not constitute, unless expressly stated, a firm contractual offer.

A service is considered booked when:

• —the quotation or contract has been accepted in writing; and
• —the requested deposit has been effectively received by Maison Mondaine.

Until both conditions are fulfilled, Maison Mondaine does not guarantee the availability of the date, the artists, or the quoted pricing.

Quotations are valid for the period stated therein.

Acceptance of the quotation or signing of the contract constitutes acceptance of these GTC where they have been communicated or made available to the Client prior to conclusion of the contract.

The quotation, contract, any specific terms and these GTC together constitute the contractual agreement applicable to the service.

04

Pricing

Prices are expressed in the currency indicated on the quotation or commercial proposal, in particular CHF or EUR.

Any applicable taxes are indicated in accordance with the tax regime applicable to the relevant service.

The price corresponds exclusively to the services and elements expressly mentioned in the quotation or contract.

Transport, accommodation, transfers, luggage, meals, visas, authorisations, technical equipment, rentals, set design, specific costumes or other production expenses may be invoiced separately where they are not expressly included in the price.

05

Deposit and Payment Schedule

Unless specific conditions are provided in the quotation or contract, any booking is subject to the payment of a deposit of 50% of the total amount of the service.

The date and artists are definitively confirmed only after acceptance of the quotation or signing of the contract and effective receipt of the deposit.

The remaining balance of 50% is due no later than seven (7) calendar days before the date of the service.

For productions requiring significant financial commitments or an extended preparation period, Maison Mondaine may apply a specific payment schedule, in particular:

• —40% upon signing;
• —30% during production;
• —30% before the service.

The payment schedule set out in the quotation or contract takes precedence over this article.

A different deadline, in particular for certain professional clients subject to specific accounting procedures, may be granted exclusively in writing.

06

Payment Methods

Payments are made in the currency stated on the invoice or quotation.

Bank transfer is the preferred payment method.

Maison Mondaine may accept other payment methods where they are expressly offered or agreed.

Payment is considered complete when the funds have been effectively credited to the account designated by Maison Mondaine.

Any bank charges related to an international transfer or a particular payment method are borne in accordance with the conditions stated on the quotation or invoice.

07

Late Payment

Any amount not settled by its due date may bear interest at the default rate of 5% per annum, subject to any mandatory provisions that may be applicable.

Reasonable recovery costs actually incurred due to non-payment may also be claimed within the limits permitted by applicable law.

Where an outstanding amount remains unpaid, Maison Mondaine reserves the right, after notifying the Client, to suspend the preparation or performance of the service until all outstanding amounts have been paid in full.

Where non-payment is attributable to the Client, such suspension does not constitute a cancellation attributable to Maison Mondaine.

08

Production Costs and External Expenses

Any specific expense incurred for the project with the Client's agreement and which has become non-cancellable or non-refundable is due.

This may in particular include:

• —transport;
• —air or train tickets;
• —luggage;
• —transfers;
• —accommodation;
• —meals;
• —visas;
• —permits and authorisations;
• —technical rentals;
• —set design;
• —costumes;
• —props;
• —external service providers or other expenses directly necessary for the production.

In the event of cancellation, rescheduling or modification of the project, expenses actually incurred and non-recoverable remain the responsibility of the Client to the extent that Maison Mondaine cannot reasonably obtain reimbursement.

09

Project Modifications and Additional Services

The agreed price corresponds to the scope defined in the quotation or contract.

Any modification requested by the Client after validation that is likely to result in additional work, expense or mobilisation may give rise to additional charges.

This applies in particular to:

• —change of date or venue;
• —substantial modification of the schedule;
• —extension of the duration of attendance;
• —addition of artists;
• —casting changes requested by the Client;
• —creation of additional acts;
• —new choreographies;
• —additional rehearsals;
• —additional costumes or set design;
• —new technical constraints or any substantial modification to the validated concept.

Where possible, Maison Mondaine will inform the Client of the financial consequences before incurring the additional expenses concerned.

Any modification remains subject to the availability of artists, teams and service providers.

10

Schedule, Delays and Waiting Time

The hours of attendance, rehearsal, setup, performance and dismantling are those defined in the quotation, contract or production schedule.

A tolerance of thirty (30) minutes may be granted where circumstances allow.

Where the service is delayed by more than thirty minutes due to a cause attributable to the Client, the venue or the organisation of the event, Maison Mondaine may invoice waiting time and overtime in accordance with the conditions set out in the quotation.

A significant delay does not guarantee that the entire service can be rescheduled where artists, technicians or service providers are subject to other time constraints.

Maison Mondaine will nonetheless make reasonable efforts to preserve the planned service.

11

Cancellation by the Client

Any cancellation must be communicated to Maison Mondaine in writing.

Unless specific conditions are provided in the quotation or contract, the following amounts may remain due in order to cover in particular the booking of the date, preparation work, commitments made and production capacity reserved:

External expenses specifically incurred for the project and which have become non-refundable may also remain the responsibility of the Client to the extent they are not already covered by the amounts due for cancellation, in order to avoid double compensation.

Maison Mondaine will take reasonable measures to limit avoidable costs following a cancellation.

These provisions apply subject to any mandatory rules that may be applicable.

12

Rescheduling

Any request to reschedule must be made in writing.

Where a request is made more than thirty (30) days before the service, Maison Mondaine may accept a single reschedule, subject to the availability of artists, teams and service providers.

Unless otherwise agreed, the new service must take place within six (6) months of the originally scheduled date.

Amounts already paid may be applied to the new date.

Expenses already incurred and which have become non-recoverable or non-transferable remain the responsibility of the Client, as do any additional costs arising from the change of date.

Rescheduling does not guarantee the availability of the original cast. Maison Mondaine may, where necessary, propose an alternative artistic solution.

A rescheduling request made thirty days or fewer before the service may be subject to the cancellation conditions set out in Article 11, depending on the circumstances and costs already incurred.

13

Artists and Casting

Where a specific artist constitutes an essential element of the service, their identity is stated in the quotation or contract.

In the event of exceptional unavailability of an artist for a reason beyond Maison Mondaine's control, including illness, accident or inability to travel, Maison Mondaine will seek a solution to maintain the service.

Where reasonably possible, a replacement artist or service of a comparable artistic level may be proposed.

Where the artist's identity expressly constitutes an essential condition of the contract and no acceptable replacement can be proposed, the consequences will be determined in accordance with the contract and applicable law.

14

Cancellation — Maison Mondaine

In the event of inability to perform an essential service due to a cause directly attributable to Maison Mondaine, Maison Mondaine will seek in priority a reasonable solution to maintain the service.

Where no reasonable solution can be proposed and the service cannot be performed, the amounts corresponding to unperformed services will be refunded in accordance with applicable law.

15

Force Majeure and Exceptional Circumstances

Neither party may be held liable for a breach directly caused by an event reasonably beyond its control and preventing the performance of its obligations.

Depending on the circumstances, the following may in particular be concerned:

• —natural disaster;
• —fire;
• —conflict;
• —border closure;
• —decision by a public authority;
• —legal prohibition on holding the event;
• —major transport disruption;
• —or any other event presenting the characteristics required by applicable law.

The affected party shall notify the other party as soon as possible.

The parties will seek in priority a reasonable solution, including a reschedule, adaptation or modification of the service.

External expenses already incurred and definitively non-recoverable will be handled in accordance with the contract and applicable law.

16

Client Obligations

The Client undertakes to provide in due time all information necessary for the preparation and performance of the service.

In particular, where this falls within the Client's responsibility, the Client shall ensure:

• —access to the venue;
• —necessary authorisations;
• —safety conditions;
• —agreed technical equipment;
• —required electrical supply;
• —agreed preparation and backstage areas;
• —access for artists and teams;
• —and compliance with technical specifications and requirements communicated by Maison Mondaine.

Any information likely to have a significant bearing on the safety or performance of the service must be communicated to Maison Mondaine.

17

Technical Requirements and Safety

The safety of artists, teams, guests and the audience is an essential condition for the performance of services.

Maison Mondaine or the artist concerned may refuse, adapt, suspend or interrupt a performance where there is a reasonable risk to the safety of persons or the venue, in particular where the agreed technical or safety conditions are not met.

This provision applies in particular to performances involving specific constraints such as aerial acts, fire performances, special effects or specific stage installations.

Where the inability to perform the service safely results from a breach attributable to the Client or to the venue for which the Client bears responsibility, such suspension or adaptation does not constitute a cancellation attributable to Maison Mondaine.

18

Recording, Photography, Video and Image Rights

Entering into a contract with Maison Mondaine does not automatically grant the Client an unlimited right to commercially exploit the image, voice or performances of the artists.

The conditions relating to photography, video recording, livestreaming, broadcast, advertising, sponsorship or any other commercial exploitation may be subject to specific authorisation.

Use in the context of an advertising campaign, substantial commercial communication, television broadcast, commercial platform or sponsored content may require additional authorisation and remuneration.

Maison Mondaine also respects the image rights of the Client, its guests and any third parties concerned.

Any promotional use by Maison Mondaine of images enabling a person to be identified is carried out in accordance with the necessary authorisations and applicable law.

19

Intellectual Property

Unless expressly agreed in writing by way of assignment or licence, payment for a service does not entail any automatic transfer of the intellectual property rights attached to the creations used or developed in the context of the project.

Concepts, set designs, choreographies, texts, musical or sound creations, staging, artistic universes, presentations, creative documents, graphic designs and other original elements remain the property of their respective rightful owners.

They may not be reproduced, adapted, re-edited, assigned, commercialised or used for another event beyond the rights granted without the required authorisation.

Any specific assignment or licence must be the subject of an agreement defining in particular the rights granted, the permitted uses, the duration and, where relevant, the territory concerned.

20

Non-Circumvention

Where an artist, creative, technician or service provider has been introduced to the Client by Maison Mondaine in the context of a project, the Client undertakes not to intentionally circumvent Maison Mondaine in order to contract directly with that person for the service or project covered by the Maison Mondaine proposal, during the negotiation and performance thereof.

This provision does not apply where a pre-existing professional relationship between the Client and the person concerned can be established.

21

Confidentiality

Artistic, commercial, financial or technical information identified as confidential and communicated in the context of a project must be treated as such.

This obligation does not apply to information already in the public domain, legitimately obtained from a third party, or the disclosure of which is required by law or a competent authority.

22

Liability

Maison Mondaine is liable for the performance of its obligations in accordance with applicable law.

Maison Mondaine may not, however, be held liable for a breach directly attributable to the Client, to the venue, to a service provider chosen directly by the Client or to an external event reasonably beyond its control.

Nothing in these GTC is intended to exclude or limit liability where such exclusion or limitation is prohibited by a mandatory legal provision.

23

Claims

Any difficulty or claim relating to a service must be communicated as soon as possible to:

Maison Mondaine and the Client will seek in priority an amicable resolution.

24

Personal Data

Personal data processed in the context of an enquiry, quotation, contract or service is used in particular to manage the commercial relationship, prepare and perform the services, and fulfil applicable administrative and legal obligations.

The detailed conditions of data processing are set out in the Privacy Policy of Maison Mondaine available on the website.

25

Applicable Law and Jurisdiction

These GTC and the contractual relationship with Maison Mondaine are governed by Swiss law, subject to any mandatory provisions that may be applicable, in particular with regard to consumer protection.

The parties will endeavour to resolve any dispute amicably before initiating legal proceedings.

In the absence of an amicable settlement, the competent jurisdiction will be determined in accordance with the applicable legal rules.