General Terms and Conditions

1. Conclusion of contract

1.1. BUZZ Entertainment AG, Seestrasse 106, 8610 Uster (hereinafter "BUZZ") is the operator of JED Events, at Zürcherstrasse 39 in 8952 Schlieren (hereinafter "JED Events").

1.2 These General Terms and Conditions apply to all business relationships between BUZZ and its customers in the version current at the time of conclusion of the contract. For reasons of easier readability, the gender-neutral differentiation "customers" is omitted. The term "customer" applies to both genders.

1.3 The subletting or reletting of the rooms or areas provided as well as the purpose of the event require the prior consent of BUZZ. Types of events are not permitted where the purpose is directly or indirectly related to political, sectarian, sexist, racist, radical right-wing or similar ideas. BUZZ reserves the right to cancel events in this context or to terminate the usage relationship without notice.

2. Commencement and relevant conditions

2.1 Temporary use of the premises of JED Events requires a written agreement between BUZZ and the customer ("customer"). A booking confirmation does not constitute an agreement.

2.2 At the customer's request, BUZZ shall submit a detailed offer to the customer for the event in question. The offer is not binding. After any adjustments to the offer, BUZZ shall confirm the order in detailed form by means of a written order confirmation including appendices (collectively referred to as "the agreement").

2.3 Insofar as the provisions in the agreement deviate from those in these GTC, the provisions in the agreement shall apply.

2.4 These General Terms and Conditions (hereinafter referred to as the "GTC") are annexed to and form an integral part of the Agreement.

2.5 The GTC or other contractual conditions of the customer shall only apply if BUZZ expressly accepts them in writing.

2.6 The conclusion of an agreement is at the sole discretion of BUZZ. BUZZ may reject an event without stating reasons. The customer must inform BUZZ of the purpose of the event or the content of the event when making the reservation request.

3. Reservations

3.1 Provisional reservations are possible and are provided with an option date. After the expiry of the option date, both parties will contact each other. If no feedback is received from the customer, the provisional reservation will be released again by BUZZ.

3.2 BUZZ will give priority to definitive reservations for events that are important for BUZZ and/or the owners or tenants. This means that BUZZ has the right to allocate provisionally reserved dates elsewhere. The customer of the provisionally reserved data will be notified as soon as possible.

4. Subject matter of the contract

4.1 BUZZ grants the customer the use of the premises and infrastructure of JED Events ("subject matter of the agreement"), which are exhaustively listed in the agreement, for the purpose of staging the event described in the agreement ("event").

4.2 Concerts, politically motivated events and trade fairs are strictly prohibited on all JED Events premises.

4.3 The customer shall notify BUZZ in writing without delay of any changes to the purpose and content of the event after conclusion of the agreement and such changes shall require the consent of BUZZ. In the absence of such consent, BUZZ's extraordinary right of termination pursuant to section 12.1 b) shall apply.

4.4 Unless expressly agreed otherwise in the agreement, BUZZ's existing obligations towards third parties, in particular towards the owners and tenants, for the operation, organisation or commercial marketing of JED Events are expressly reserved (cf. also section 3.2 above).

5. Legal context

5.1 The customer is obliged to clearly identify himself as the organiser on printed matter, posters, admission tickets, invitations, etc. The customer is also obliged to clearly identify himself as the organiser of the event.

5.2 The customer may not and cannot bind BUZZ in any way vis-à-vis third parties.

6. Period of use

6.1 The period of use is determined by the details in the agreement.

6.2 Exceeding the agreed duration (earlier commencement of use and/or longer duration of use) requires the written and prior consent of BUZZ. The customer shall bear all costs associated with exceeding the duration.

6.3 If the agreed duration of use is not met (later commencement of use and / or shorter duration of use), the usage fee agreed in the agreement remains due in full.

6.4 BUZZ reserves the right to invoice additional staff hours on a time and material basis, at the contractual rates, due to the requirements of the guests.

6.5 An agreement does not create an unlimited contractual relationship, even if the parties tacitly continue the contractual relationship. In particular, the right to use the infrastructures is not a continuing obligation within the meaning of tenancy law (Art. 253 ff. OR). The customer is only entitled to a temporary and limited right of use of the contractually agreed infrastructures of JED Events on the dates to be agreed according to the agreement.

7. Usage & additional costs

7.1 The rates set by BUZZ in the agreement (excl. VAT) apply to the various basic services of infrastructure, services, catering and technology. The basic service packages are limited in time (max. event duration 12 hours). Any hour exceeding this will be charged additionally.

7.2 The technical installations in all halls and rooms may only be operated by a BUZZ technician. If the organizer books an external technical company, a BUZZ technician will be charged at CHF 115.00 per hour for the entire duration of the event. In addition, the organiser shall pay BUZZ a commission in the amount of 15% of the total invoice of the technical partner. Upon request, BUZZ is entitled to demand the original quotation of the alternating technical service provider at any time.

7.3 Additional services (e.g. additional cleaning effort) will be charged by BUZZ.

7.4 Samples will only be approved in special cases and require the consent of BUZZ.

8. Terms of payment

8.1 All prices quoted by BUZZ and the details of flat rates and fees charged by BUZZ are exclusive of VAT. BUZZ may demand up to 80% up to a maximum of 100% of the order total (excluding beverage consumption) in advance for orders over CHF 1,000.00.

8.2 Invoices are payable within 30 days. If payment is made after the due date, BUZZ shall be entitled to charge interest on arrears of at least 5%.

8.3 Should doubts arise regarding the creditworthiness or reliability of a customer, BUZZ reserves the right to demand full advance payment.

8.4 Events with billing addresses outside Switzerland must be paid in full before the day of the event.

9. Cancellations by the customer

9.1 If the customer cancels an agreement, BUZZ will in any case charge a processing fee of CHF 250.00. Depending on the time of cancellation, the following services will be charged (excl. VAT).

During the period of the provisional reservation: no costs

Up to and including 365 days before the event: CHF 250.00 (processing fee)

Up to and including 270 days before the event: CHF 250 plus 10% of the total amount

Up to and including 180 days before the event: CHF 250 plus 50% of the total amount

Up to and including 90 days before the event: CHF 250 plus 75% of the total amount

Less than 60 days before the event: CHF 250 plus 100% of the total amount.

In any case, all costs incurred by BUZZ or charged to external service providers will then be charged to the customer. In particular, BUZZ shall not assume any cancellation fees from external service providers (such as artists, performers, decorators, etc.).

9.2 Notification of non-performance of the event shall be deemed termination of the agreement by the customer. Upon termination of the agreement, the customer shall immediately lose all rights to use the subject matter of the agreement.

9.3 Cancellation costs are owed without reservation; in particular, they must also be paid by the customer if the usage dates and contractual items booked in the agreement can be used by another customer of BUZZ.

10. Catering

10.1 Change in the number of persons

The customer must notify BUZZ of a change in the number of persons at least 10 working days before the start of the event, if possible in writing. If the number of persons is greater than the number of persons agreed in the written order confirmation, BUZZ will attempt to cater for all persons, if possible in terms of capacity. However, the extended order cannot be guaranteed. Additional persons will be charged to the customer.

A reduction up to a maximum of minus 10% of the number of persons agreed in the written order confirmation is free of charge. In the event of a minus difference higher than 10%, the costs already incurred or to be expected for the number of persons agreed in the written order confirmation may be invoiced. Changes in the number of persons may also result in adjustments to the calculated prices.

10.2 BUZZ reserves the right to make minor changes to its services in the event of short-term changes in market supply due to a lack of goods or massively increased prices. In doing so, BUZZ will take into account the interests and wishes of the customer and offer equivalent order fulfilment.

11. Security

11.1 Support (no technical support) for the event is included in the basic package. Additional security resources required (crowd control, additional security personnel, etc.) can be organised by BUZZ at the customer's request and at a charge. BUZZ reserves the right to determine the security arrangements to be made. The resulting costs shall be borne by the organiser.

12. Terms of contract by BUZZ for good reason

12.1 In the event of good cause, BUZZ is entitled to terminate the agreement at any time with immediate effect and without compensation. Good cause is defined as any circumstance for which the customer is responsible and which makes it unreasonable for BUZZ to continue the contractual relationship. In this sense, good cause is deemed to exist in particular if the customer is in arrears with payments to be made or securities to be provided and does not remedy this arrears despite setting a short grace period of at least 7 calendar days;

if the customer changes the purpose or content of the event without BUZZ's consent;

if there is justified cause to fear disturbances of public safety and order and/or personal injury or damage to property in connection with the event;

if the official permits required for the event are not granted or if there is reasonable cause to assume that the event will violate the obligations agreed upon by BUZZ with the competent authorities or other official or contractual requirements or regulations;

if bankruptcy, composition or liquidation proceedings are instituted against the customer;

if facts become known which cast doubt on the creditworthiness or reliability of the client;

if the event cannot be held due to force majeure.

If BUZZ exercises its right to terminate the agreement in accordance with section the customer is obliged to pay the cancellation fees in accordance with section 9. Upon termination of the agreement, the customer immediately loses all rights to use the subject matter of the agreement.

1. Condition of the subject matter of the agreement

1.1 The client shall immediately report any defects in writing upon handover of the subject matter of the agreement.

1.2 Structural measures on the infrastructures as well as on the equipment and technical installations are generally prohibited. Any exceptions require the prior written consent of BUZZ. All measures must be approved by the competent authorities prior to execution. The plans for this and also the plans for any temporary structures must be submitted to BUZZ together with the relevant official approval eight (8) weeks before the event.

1.3 The use of e.g. carpet tape and other assembly devices that cannot be removed without leaving residues is not permitted in the building or on the premises. The costs of removing any residues or repairing any damage shall be borne by the customer. 2.

2. Return of the subject matter of the contract

2.1 The subject matter of the contract must be returned to BUZZ completely cleared and free of defects.

2.2 BUZZ shall report any damage to the subject matter of the contract within 5 working days. BUZZ will repair the damage itself or have it repaired by its contractual suppliers. The customer shall bear the corresponding costs.

3. Conditions of use

3.1 The customer is only permitted to transfer the subject matter of the contract in whole or in part to third parties with the express written consent of BUZZ.

3.2 Doors that do not have to be open for operational reasons must be kept closed, general power consumption must be kept as low as possible (e.g. set-up/dismantling lights) and instructions regarding occupational safety must be observed. The customer undertakes to follow and implement the corresponding instructions of BUZZ's staff.

4. Materials and services provided by BUZZ

4.1 Additional services must be ordered and paid for by the customer in writing.

5. Technical services

5.1 For safety, operating and quality reasons, the customer is obliged to obtain the following services from BUZZ. BUZZ reserves the right to name additional service categories at any time for which services must be obtained via BUZZ. These services are offered by BUZZ at standard market conditions.

5.2 Connections for electricity, gas, water and other technical areas must be carried out by BUZZ's contractually bound suppliers.

5.3 The customer shall cover his needs in the area of technical lines and infrastructures (telephone, fax, etc.) through BUZZ. BUZZ shall provide the customer with the desired connections at the applicable rates for the duration of the event.

5.4 The technical equipment of JED Events may only be operated by the in-house technician. If the customer books an external technical company, the latter must book the in-house technician for the entire working time at the contractual rates.

6. Catering

6.1 All food and beverages consumed in the rented premises must be purchased from BUZZ. Exceptions are only possible with the consent of and in consultation with BUZZ.

6.2 The sale and free distribution of food and beverages, including to the customer's employees, is reserved for BUZZ at JED Events and is prohibited for the customer.

6.3 Any sponsorship agreements by the customer that relate to the catering, kiosk, tobacco and beverage areas must be agreed with BUZZ well in advance of the event. The customer's own contributions or contributions by sponsors in these areas are only permitted with the prior written consent of BUZZ. In any case, the customer shall bear the associated costs or loss of income of BUZZ.

7. Sale of goods of all kinds

7.1. The right to sell goods of any kind within the perimeter of the subject matter of the contract is generally held by BUZZ.

8. Advertising, Communication, Ticketing, Corporate Design

8.1 Advertising in general, as well as posters and flyers, is the responsibility of the customer. Posters may only be displayed on the premises of JED Events and in consultation with BUZZ.

8.2 Unless otherwise agreed, photographic material provided to BUZZ (with indication of copyright) may be used for BUZZ's own advertising purposes and communication. This also applies to pictures taken by BUZZ staff during the event.

8.3 BUZZ's corporate design regulations and instructions for the logo and use of the JED Events brand are binding for all publications and must be observed. The publications must be approved by BUZZ prior to publication. Otherwise, BUZZ is entitled to have the customer withdraw the publication from the market.

9. Use of the premises

9.1 Insofar as the use of the premises has been agreed in the contract, the customer shall discuss the intended use with BUZZ in advance. The existing floor coverings must not be damaged (e.g. drill holes, nails). The necessary permits from the responsible authorities must be obtained by the customer. Corresponding planning documents are to be submitted to BUZZ together with the respective necessary official permits four (4) weeks in advance.

9.2 The customer shall bear any maintenance costs.

10. Partners of BUZZ

10.1 BUZZ maintains partnerships with selected companies. These enjoy industry exclusivity or partial exclusivity.

10.2 Where exclusivity is defined, the customer is obliged to work exclusively with BUZZ's partners. In all other areas, the customer is free to choose his suppliers.

10.3 BUZZ is free to change or supplement its partners at any time, or to introduce new product groups.

11. Rights of domicile and right to issue instructions

11.1 BUZZ has sole domiciliary rights - also during the term of the contract - in all rooms and the entire rented areas of JED Events. In exercising its domiciliary rights, it shall take into account the justified interests of the customer.

11.2 The customer must follow the instructions of the responsible BUZZ personnel. In the event of violations of the GTC or the instructions of the BUZZ personnel, the responsible BUZZ person has the right to terminate the event.

12. Unloading and loading of trucks in the loading zone of every event

12.1 In principle, the instructions of the responsible BUZZ employee must be followed when unloading and loading trucks, lorries or similar. Likewise, the manoeuvring and parking of trucks, lorries etc. around the area is only permitted under the instructions of the responsible BUZZ employee. Rest periods must be observed.

13. Acceptance of goods and disposal

13.1 The organiser is responsible for the disposal of the material brought by him. Any staff and disposal costs incurred by BUZZ or external service providers will be invoiced. A flat rate of CHF 100.00 will then be charged per container. BUZZ accepts delivered event material. A logistics fee of CHF 50.00 will be charged per pallet received, and a storage fee of CHF 20.00 per day and pallet will be charged for storage from the third day. BUZZ declines all liability for stored material.

14. Security

14.1 The customer is obliged to ensure that the capacities of the individual halls specified in the agreement (number of persons according to seating) are not exceeded.

15. Permits, copyrights, withholding tax and other statutory provisions

15.1 The customer shall be responsible for compliance with the Noise Abatement Ordinance of the City of Schlieren, all building and fire regulations as well as all other relevant statutory regulations, orders and requirements.

15.2 The customer shall enforce compliance with the relevant occupational safety regulations and the smoking ban among its employees and all external suppliers under its direction.

15.3 The customer shall obtain all necessary cantonal and municipal permits (commercial exhibitions, etc.) at its own expense. Information in this regard may be obtained from the Schlieren Trade Inspectorate.

15.4 The client shall comply with SUISA's copyright regulations in the case of musical performances of all kinds, such as dance performances, entertainment evenings, etc. Information in this respect may be obtained from the Schlieren Trade Inspectorate. Information in this respect can be obtained at www.suisa.ch.

15.5 Foreign artists, sportsmen, speakers without residence in Switzerland shall be subject to withholding tax. The client shall be fully liable for the payment of the withholding tax. The client is responsible for the settlement of the withholding tax and is liable for it. Details can be found in information sheet Q4. The statement must be submitted directly to the Cantonal Tax Administration. Information can be obtained from the Tax Administration of the Canton of Zurich.

15.6 New legal regulations are expressly reserved.

16. Operating hours / Overtime

16.1 For events lasting longer than the usual operating hours until 00:30 hours, an overtime permit is required. The customer is obliged to inform BUZZ of any extension. The customer is responsible for applying for and paying for the overtime permit.

16.2 Applications for an overtime permit may be submitted to the Schlieren District Administrator's Office.

17.Peace and order

17.1 The opening hours according to the hospitality business licences apply (Mon. - Sun. until 00:30 hrs.). For the necessary permits for opening hours that exceed this operating permit, the Schlieren Trade Inspectorate must be contacted. In any case, events must end by 06:00 at the latest (incl. clearing away and final cleaning).

18. Fire protection / Decorations

18.1 The client is obliged to take into account the organisational measures for compliance with the relevant fire protection regulations. In any case, escape routes and fire extinguishing equipment must always be clearly visible and freely accessible. The building owner is responsible for the structural and technical measures to comply with the relevant fire protection requirements relating to the foundation construction. Smoking is strictly prohibited throughout the building. Authorised BUZZ representatives and representatives of the authorities have access to all facilities at all times.

18.2 Superstructures, backdrops and decorations brought in by the customer must be made of flame-retardant materials (fire index 5 .1, fire protection explanations of the Association of Cantonal Fire Insurers). BUZZ may request corresponding certificates regarding flammability. Assembly and dismantling are the responsibility of the customer. Decorations and lettering that are not removed will be removed by BUZZ at the customer's expense.

18.3 Pyrotechnics may only be set up and operated by expert and trained personnel (pyrotechnicians) after consultation with BUZZ. Care must also be taken to ensure that only pyrotechnic material for indoor use is used. Obtaining official approval for the burning of pyrotechnic effects at JED Events is the responsibility of the customer and must be presented to BUZZ. Likewise, the official approval of pyrotechnic set-ups is the responsibility of the customer. BUZZ must be presented with all professional licences.

19. Escape routes

19.1 The customer warrants that before, during and after the event, all emergency exits and the escape routes provided for in the seating plan are not obstructed and are freely accessible at all times.

20. Fire and evacuation

20.1 Attendance list & assembly point
The organizer is obliged to keep an up-to-date attendance list of all persons present. In the event of an evacuation, they must carry this list with them and hand it over to the assembly point manager at the defined assembly point without delay.
20.2 Obligation to follow instructions
The organizer, its staff and all guests present are obliged to follow the instructions of the BUZZ evacuation team and the responsible authorities (fire department, police, medical service) at all times.
20.3 Duty of the organizer to provide information
The organizer is responsible for ensuring that all guests and service providers involved (e.g. decorators, external technicians) are informed about the evacuation procedures and can act accordingly in the event of an emergency.
20.4 Liability & sanctions
If the organizer does not comply with his obligations according to this section and this results in damages, delays or other safety-related problems, he can be held liable. BUZZ reserves the right to assert a contractual penalty or claims for damages in such a case.

21. Event risk

21.1 If, as a result of force majeure on the date of the event, it is not possible to hold the event at JED Events and BUZZ is thus unable to fulfil its contractual obligations, each party shall bear the costs it incurs itself and shall not be liable to the other party for any consequences arising from the non-fulfilment of its contractual obligations. Force majeure includes unavoidable events such as natural disasters of any kind, in particular storms, earthquakes, floods, volcanic eruptions, but also fire, traffic accidents, hostage-taking, war, unrest, civil war, revolution, terrorism, sabotage, strikes, insofar as these take place at a third party (example: strike at the airline), nuclear/reactor accidents or, in the industrial sense, machine damage / production disruptions.

22. Liability BUZZ

22.1 BUZZ has liability insurance. BUZZ's total liability under all legal titles is limited at most to the benefits paid to BUZZ in the event of a claim by the liability insurance.

22.2 BUZZ is not liable for damage caused by the negligent conduct of its customers and/or their guests, suppliers and partners.

22.3 In the event of failure of any facilities, operational disruptions or other events affecting the event, BUZZ shall only be liable for intent or gross negligence.

22.4 The customer shall insure his mobile objects and/or those of employees and contractual partners of the customer brought into the subject matter of the contract in connection with the event against fire, damage by the elements, water damage and theft. BUZZ accepts no liability whatsoever for damage attributable to these causes.

22.5 BUZZ accepts no liability for valuables in the premises used.

23. Duty of care and liability of the customer

23.1 The customer undertakes to use the premises and their infrastructure with care.

23.2 The customer is responsible for his guests and visitors in the entire indoor and outdoor area. For this purpose, a supervisor shall be provided if there is an appropriate audience.

23.3 The customer shall be liable to BUZZ or third parties for all damages incurred by BUZZ or third parties in connection with the staging of the event (including set-up and dismantling activities).

23.4 The personnel organised via BUZZ are insured against personal injury and property damage. External personnel are not insured via BUZZ. The customer is therefore liable for personal injury and property damage himself and is obliged to take out appropriate insurance.

23.5 The customer shall indemnify BUZZ for all liability claims and claims for damages for which BUZZ is not responsible (including claims arising from infringements of property rights), which third parties assert against BUZZ in connection with the event. In such cases, he/she shall in particular also assume the procedural and pre-litigation legal costs (including lawyers' fees) of BUZZ.

24. Place of jurisdiction

24.1 The exclusive place of jurisdiction for the handling of any disputes arising from this contract is Uster/ZH. Swiss law shall be applicable.