Contrato 20191 PDF

AGREEMENT
Between:
’T MUZIEK FRASCATI VZW, established at Tiensevest 60, 3000 Leuven, registered in the
Central Database for Enterprises with the number 0892.030.707, hereby legally represented
by Kris Stroobants, director, henceforth referred to as “the NPO”, and
Parra Ismael
..................................................................................... (Please fill in your official name.)
residing at ...................................................................................................................................
Boulevard Dolez 69 mons 7000
.......................................................................................... (Please fill in your official address.)
henceforth referred to as “the artist”,
Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Tiensevest 60 www.frascatisymphonic.com IBAN: BE 90 0682 4961 0632
3000 Leuven info@frascatisymphonic.com BIC: GKCCBEBB
THE FOLLOWING IS AGREED TO:
Article 1. Performances
The artist is a member of the orchestras operated by ’t Muziek Frascati vzw and the artist
delivers musical performances in those orchestras.
Article 2. Recordings
Both parties hereby agree that whenever the NPO wishes to make video or audio recordings
of the artist’s performances that the following here specified rights and duties will apply.
The recordings relate to the artist’s cooperation (rehearsals and concerts) in a specific
project or programme title.
Article 3. Permission
The artist gives his/her permission to the NPO for the free and unhindered commercial
exploitation of the (audio and/or video recordings of the) musical performances and of any
audio (visual) reproductions thereof.
Article 4. Compensation
The artist receives compensation to the amount of 45,00 EUR for every rehearsal with a
duration of three hours and for every try-out concert. If the rehearsal or try-out concert
takes place in the Netherlands, the artist receives compensation to the amount of 50,00
EUR. The artist receives compensation to the amount of 90,00 EUR for every concert,
including the preceding raccord. If the concert, including the preceding raccord, takes place
in the Netherlands, the artist receives compensation to the amount of 100,00 EUR. The
abovementioned amounts exclude VAT.
Article 5. Presence
The artist commits him/herself to be punctual and to be present at least 15 minutes before
every rehearsal, raccord and concert and will be present till those have officially ended.
Article 6. Lateness
If the artist is late to a rehearsal, raccord or concert the NPO can deduct 10,00 EUR from
the compensation usually paid out to the artist.
Article 7. Absence
Absence is only tolerated once in a personal and exceptional case, that should be clearly
communicated with the competent employee of the NPO in advance, accompanied with
the necessary official documents for legitimation (e.g. medical certificate, obituary). In
case of absence, the artist will not receive any compensation for the rehearsal or concert
from which he or she has been absent.

Article 8. Payment
Payment will be made once the artist has submitted a signed copy of this contract and
either the completed document entitled ‘kleine vergoedingsregeling’, or an invoice, or
documents of an interim office. These documents are to be submitted by e-mailing them
to financien@frascatisymphonic.com. The artist is obliged to submit the abovementioned
documents to the NPO within a month of the last concert of the project covered by this
contract.
In order to be eligible for compensation via the ‘small fees scheme’, the artist must be in
possession of (an application for) an artist card and be able to present it to the NPO. It is
the artist’s responsibility to ensure that he/she does not exceed the maximum amount
allowed to be paid out to them through this scheme. (Note that it is only the date of
payment that is valid for declaration). The NPO is legally obliged to automatically inform
the relevant authorities in case of exceeding use of the small fees scheme.
Article 9. Interim
Should the artist prefer to work through an interim office, the NPO recommends working
through Amplo, since the NPO has a smooth cooperation with this interim office.
Additionally, the artist must inform the NPO two weeks before the start of each project how
he/she wishes to work for the NPO. This can be done by sending an e-mail to
financien@frascatisymphonic.com.
Article 10. Termination of the agreement
Late cancellation of participation in a project without a valid reason is undesirable and can
lead to a fine or even the permanent termination of the NPO’s collaboration with the artist.
Article 11. Parts
Parts have to be printed out by the artist him/herself and have to be well studied before the
first rehearsal.
Article 12. Special conditions
The artist has taken note of the following special conditions which are an integral part of
this agreement and accepts these without reservation.

SPECIAL CONDITIONS
Article 1. Object
With a view to the free and unhindered commercial exploitation of the audio(visual)
material of the recordings described in the agreement, the artist transfers his/her copyright
and the related rights of his/her musical performances completely, irrevocably and
exclusively as described in article 1 of this agreement. This transfer includes the right to
have those performances recorded, reproduced and commercially exploited worldwide.
Under “reproduction” is understood every known form of multiplication of recording and/or

software data or parts thereof, from analogue to digital quality, including the multiplication
by mechanical, magnetic, laser-optic and/or magnetic-optic means, also including the
interactive parts and every further multiplication of the recording and/or software-data or
parts thereof for the benefit of the commercial exploitation and/or distribution via the
internet; through digital distribution and/or any other online services, and/or for the benefit
of any other form and manner of immaterial commercial exploitation and/or distribution.
By “commercial exploitation” is meant i.a. the production, distribution, sale, rent or lending
of (reproductions of) the recordings or parts thereof, as well as publicly playing, showing,
broadcasting or otherwise making public (reproductions of) recordings or parts thereof,
regardless of the technical means used to do so, be it via ether or via radio, television,
(internet) cable, satellite, wire, fibreglass, transmitter, telephone line and/or any other form
or means of communication and/or transmission, be it simultaneously (for example
webcasting, streaming, real audio) or by means of any database wherein (reproductions of)
recordings or parts thereof are saved regardless of the devices or the conditions required
for the reception or the use of such transmissions, in a closed circuit and for all systems
of unencrypted, encrypted or paying services, such as computer, paid radio, paid television,
pay per view or pay per channel, including the provision to the public in such a way that
members of the public have free access at a place and time of their individual choosing; as
well as the production and commercial exploitation of any adaptation of (the reproductions
of) the recordings or parts thereof.
The rights granted to the NPO also include:
a) the right to link or process the recordings or parts thereof with or in any other recording
(for example soundtracks), the right to use recordings or parts thereof for the production
or commercial exploitation of special products (premiums or reproductions specially
produced on behalf of a third party, to promote products and services of that third party),
the right to commercially exploit the recordings as background music or by means of
synchronisation (the combination of the recordings with audio- and/or video recordings for
the sake of amongst others films, documentaries, radio- or television commercials,
television productions), the right to distribute reproductions of the recordings free of
charge, the right to sell the reproductions of the recordings at Mid-Price or Budget-Price,
the right to commercially exploit the recordings with a view to making available the

(digitalised) music themes that can be downloaded on a (mobile) telephone device as
ringtone or alert.
b) the right to store (reproductions of) recordings (in a database for example) and to
distribute those, for free or against payment, via ether or via radio, television, (internet)
cable, satellite, wire, fibreglass, transmitter, telephone line and/or any other form or means
of communication and/or transmission regardless of the devices or the conditions required
for the reception or the use of such transmissions, in a closed circuit and for all systems
of unencrypted, encrypted or paying services, such as computer, paid radio, paid television,
pay per view or pay per channel. By the in this paragraph named forms of commercial
exploitation are meant i.a. the commercial exploitation and distribution via internet (i.a. the
delivery on request, the so called “cybersales” by means of online post order sale or
downloading) and/or other online services, and/or any other means or form of immaterial
commercial exploitation and/or distribution.
Article 2. Territory and duration
The exclusive transfer as determined in article 1 of these special conditions apply for the
duration of copyright and related rights worldwide.
Article 3. Compensation
The compensation referred to in article 4 of this agreement includes the compensation for
the transfer of the forms of commercial exploitation as listed in article 1 of these special
conditions.
The NPO can request an invoice or debit note from the artist prior to payment of
compensation.
The compensation(s) named in article 4 of this agreement include(s) the total

compensation paid to the artist. The artist acknowledges the compensation to be fair and
will not make any claims to any further compensation, regardless of the way, manner or
form of the use of his/her performances. Both parties declare that the artist retains his/her
share in the fair compensation that is owed in terms of the commercial use of his/her
performances as determined by the Law of 30 June 1994 concerning copyright and the
related rights. Those related rights, according to the legal rates, are determined and
collected by the therefore appointed management companies amongst users such as
broadcasting companies, cable companies, catering companies, public institutions,
manufacturers and importers or intra-community purchasers of supports or equipment
that is used for the reproduction of audio (visual) works.
Article 4. Moral rights
The artist commits him/herself to and ensures that he/she will not exercise his/her moral
rights in a manner that conflicts with the professional practices and needs of the
audio(visual) sector. Thus the artist ensures that he/she will not oppose any changes made
to the musical performances, due to i.a. mixing, mastering and engineering requirements.

The artist retains the right to oppose any deformation, mutilation or change that could
damage his/her honour.
Unless the artist submits a written statement of opposition at the time of signing this
agreement, the NPO has the right to mention the artist’s name in the liner notes /inlay card
used in the reproductions of the recordings containing his/her musical performances.
Article 5. Publicity and promotion
The NPO obtains the nonexclusive right, without owing the artist any compensation, to use
the name, project or artist’s name, logo, images, photos, biographical details etc. of the
artist, which covers the right to reproduce and publicly disclose this on posters, displays,
tickets, supports, covers, inlay-cards or any other packaging and marketing material, for the
sole use of the commercial exploitation and promotion of the produced recordings covered
by this agreement. The NPO may ask the artist to transfer images, photos and biographical
details.
Article 6. Exploitation
The artist acknowledges that the NPO has free choice to determine (or to have determined)
the way in which (including the time of the commencement of public disclosure and
commercial exploitation), the form in which, the name or project name under which, the
brand/label under which, the price and the quantities of the commercial exploitation of the
recordings (including reproductions) of the artist’s musical performances. Thus the NPO
determines the times when the commercial exploitations will be commenced, ended or
resumed, and the choice of the sales organisations, representatives or licensees to whom
the NPO will (be able to) assign the production and/or commercial exploitation.
The agreement and the special conditions do not include any obligation of production or
commercialisation.
Notwithstanding the expiration of the present agreement in any way whatsoever, the NPO
remains the exclusive owner of the recordings containing the artist’s musical
performances and the rights attached to it.
Article 7. Safeguard and guarantees
The artist ensures that he/she is free and authorised to enter into the agreement and that
no rights of third parties are violated. The artist safeguards the NPO from any claims made
by third parties.

Article 8. Title exclusivity
If the artist wishes to record on his/her own behalf or on behalf of a third party, the title(s)
and musical performances that he/she has had recorded in the execution of this
agreement, the artist must obtain written permission from the NPO before doing so.
Article 9. Quality
The artist will offer his/her full cooperation until the recordings have met all artistic and
technical quality norms. The NPO can demand any change it deems necessary.
Article 10. Transfer
So far as necessary, the artist acknowledges that the NPO is entitled to transfer the rights
of the performances completely or partly and/or license them.
Article 11. Nullity
In the case that one of the clauses of this agreement conflicts with the mandatory provision
of the present or future Belgian law or foreign law or international legal order, then that
clause will have its maximum permissible effect and will in no way result in the entire nullity
of this complete agreement. The contractual obligation of both parties applies as closely
as possible to the intentions of the parties at the moment of the agreement being entered
into.
Article 12. Jurisdiction
Both parties hereby declare that only the Belgian law applies to the agreement and its
special conditions. Any disputes concerning the conclusion, validity, interpretation or
execution or the agreement and its special conditions will exclusively and definitively be
settled by the courts of Leuven.

PROJECT INFORMATION
Project name: Leckerbissen aus Wien mit Strauss und Straus
Schedule rehearsals and concerts:
Date Time Activity Location Municipality

Thursday 3 January 2019 10:00 – 13:00 Rehearsal Concertgebouw Bruges
Afterwards Frascati will provide catering
Thursday 3 January 2019 14:00 – 17:00 Rehearsal “Club Surround” Concertgebouw Bruges
Friday 4 January 2019 10:00 – 13:00 Section rehearsals Violin 1: to be determined
Violin 2:
Viola:
Cello:
Double bass:
Friday 4 January 2019 14:00 – 17:00 Rehearsal to be determined to be determined
Sunday 6 January 2019 10:00 – 13:00 Section rehearsals Strings: to be determined
Woodwinds:
Brass:
Sunday 6 January 2019 14:00 – 17:00 Rehearsal to be determined to be determined
Saturday 12 January 2019 14:00 – 17:00 Rehearsal to be determined to be determined
Friday 18 January 2019 19:00 – 22:00 Dress Rehearsal to be determined to be determined
Sunday 20 January 2019 12:30 – 13:30 Raccord CC Nova Wetteren
Afterwards the concert organiser will
provide catering
Sunday 20 January 2019 14:30 – end Concert CC Nova Wetteren

Wednesday 23 January 2019 17:30 – 18:30 Raccord Concertgebouw Bruges
provide catering
Wednesday 23 January 2019 19:30 – end Concert Concertgebouw Bruges
Saturday 26 January 2019 09:30 – 10:00 Raccord Concertgebouw Bruges
Saturday 26 January 2019 10:30 – 11:15 Three small concerts of which the first 15 Concertgebouw Bruges
14:00 – 14:45 minutes involve a workshop with the
16:00 – 16:45 public
In between the first and second concert,
Concertgebouw Bruges will provide
catering
Monday 28 January 2019 12:30 – 13:30 Raccord Queen Elizabeth Hall Antwerp
provide catering
Monday 28 January 2019 14:30 – end Concert Queen Elizabeth Hall Antwerp
provide catering
Sunday 10 February 2019 14:00 – 15:00 Raccord Queen Elizabeth Hall Antwerp
Sunday 10 February 2019 16:00 – end Concert Queen Elizabeth Hall Antwerp
Sunday 24 February 2019 13:00 – 14:00 Raccord Kursaal Ostend
Sunday 24 February 2019 15:00 –end Concert Kursaal Ostend

Programme:
For an overview of the programmes per concert location, click on the link below.
https://docs.google.com/document/d/1B1g-
dPeqZWOnB_2Eh0Q6l2NQvz_XuayPm0lUZN5jQ3Q/edit?usp=sharing
16/12/2018
Done at Leuven on ............................................................. (Please fill in the date of signing.)
in two original copies of which each party declares to have received one original copy.
Signatures:
The artist The NPO


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AGREEMENT

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Article 10. Termination of the agreement

Article 11. Parts

Article 12. Special conditions

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Under “reproduction” is understood every known form of multiplication of recording and/or

The rights granted to the NPO also include:

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Article 2. Territory and duration

The compensation(s) named in article 4 of this agreement include(s) the total

Article 4. Moral rights

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Article 5. Publicity and promotion

Article 7. Safeguard and guarantees

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Article 10. Transfer

Article 11. Nullity

Article 12. Jurisdiction

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Project name: Leckerbissen aus Wien mit Strauss und Straus

Schedule rehearsals and concerts:

Date Time Activity Location Municipality

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

The artist The NPO

Frascati Symphonic +32 016 48 72 05 BTW: BE 0892.030.707

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