General Terms + Conditions for Avant Première 2023
The Avant Première Music + Media Market Berlin (short: Avant Première), taking place at Hotel Scandic Berlin Potsdamer Platz, Gabriele-Tergit-Promenade 19, 10963 Berlin from 19-22 February 2023, is hosted by the IMZ International Music + Media Centre, Stiftgasse 29, 1070 Vienna, Austria (short: IMZ). These General Terms and Conditions (GTC) as amended from time to time shall apply to all current and future contractual relationships arising out of the registration for and participation at Avant Première, even if they are not expressly referenced in a specific case. The GTC version applicable at the time of conclusion of a contract shall be relevant. Any deviating, conflicting or supplementary GTC shall not be part of the agreement, even if they are known. The IMZ hereby expressly rejects any GTC provided by the customer. The customer shall be informed of amendments to the GTC; the customer’s consent will be considered given unless the customer objects to the amended GTC in writing within 14 days; the customer will be expressly informed about the consequence of silence on his part upon notification.
A necessary prerequisite for a
- successful registration and participation at the event
- successful film submission and subsequent presentation at the Avant Première Screenings
- successful film submission and subsequent presentation at the Avant Première Market and/or Special Screenings
- fulfillment of a sponsorship and/or booth contract
- performance of any other potential contractual obligations (e. g. Individual Presentation Rooms, Meetings Desks, Avant Première Talks, Booths, Sponsorship packages et al.)
is the registered party’s consent to the General Terms and Conditions for Avant Première as stated below.
Any breach of the GTC, as well as any disregard for security regulations, can result in the termination of the respective contract (e. g. withdrawal of registration, rejection of submitted sceening material et al.) and exclusion from all IMZ events. The IMZ reserves the right to assert additional rights.
2.1. Registration deadlines are published on the Avant Première website (www.avant-premiere.net). The IMZ reserves the right to accept or reject a registration and will notify the registering party (company or individual) of the status of their registration.
2.2. Validity of Registration
A registration is only valid if submitted via the online registration form on the Avant Première event management tool or done directly on location and upon payment confirmation through the IMZ. Registrations are linked to the registered person and are non-transferable.
A confirmed registration to the Avant Première area, events and programme allows access to all Avant Première Screenings, conference programmes and events, except for programme items that require additional registration and subsequent confirmation by the IMZ as indicated on the Avant Première website (e. g. One-on-One Expert Session et al.).
2.3. Badges + Tickets
All tickets and badges will be available at the entrance to Avant Première at Hotel Scandic Berlin Potsdamer Platz, Gabriele-Tergit-Promenade 19, 10963 Berlin. Badges and tickets will be givenout upon presentation of valid personal identification and confirmation of registration. Personalised access data based on the information given upon registry will be transmitted via email upon payment confirmation through the IMZ.
Personalized access data based on a registration strictly to the online offers and services of Avant Première will be transmitted via e-mail upon payment confirmation through the IMZ.
A registration can be updated from Avant Première online only access to Avant Première on-site and online access at any time. The upgrade will become valid upon payment confirmation through the IMZ.
Any company or person with outstanding debts towards the IMZ will be refused registration and access to Avant Première until all debts are settled.
2.4. Loss + Replacement
For the entire duration of Avant Première, a badge, ticket and/or personalized online access data is required to access the onsite and/or online event areas. Security/IMZ personnel can refuse access to persons without a valid ticket or badge.
Tickets or badges used by persons other than the registration holder will be confiscated. Loss or theft of tickets and badges must be reported to IMZ staff. Issuing a new ticket or badge may result in additional costs. The IMZ reserves the right to deny a request for a replacement ticket or badge. Day Passes are non-replaceable.
Personalised online access data used by persons other than the registration holder will result in blocking further access to both the online and on-site event.
After an online registration is submitted, participants will receive a summary of the registration details, including the gross amount due. Confirmation, invoice and additional information will be sent by the IMZ within a maximum of 14 days after submission.
Any payment prior to the event is accepted only via bank transfer or credit card. Expenses and transaction fees are to be paid by the submitter. On-site payment is possible in cash or by credit card (with no extra fees). Invoices are to be paid upon receipt within a maximum of 14 days. A registration is valid only after the IMZ has confirmed payment.
Upon cancellation of their registration, customers are entitled to a refund of 80% (refunds are subject to a 20% administrative charge); however, the customer must notify the IMZ in writing within 3 weeks after receiving an invoice and no later than 13 January, 2023 to qualify. Written notification of a cancellation later than 3 weeks post registration but before 13 January 2023 will result in a 50% refund of the registration fee.
No refunds will be given for cancellations made after 13 January, 2023.
In the event of Avant Première being rescheduled, previously purchased tickets will automatically become valid for the new date. Any possible price difference will be refunded by the IMZ no later than 21 days after cancellation notice.
Day passes, student passes and special EFM/Avant Première combination tickets are non-refundable.
2.7 COVID-19 Measures
The IMZ will host Avant Première Music + Media Market Berlin in compliance with the laws applicable at the venue. Participants must comply with the applicable laws and COVID-19 measures specified by the IMZ. Violations may lead to exclusion from Avant Première. In the event of Avant Première being rescheduled due to travel restrictions, legal reasons and/or force majeur, tickets will automatically become valid for the new date. Any potential price difference shall be refunded by the IMZ within 21 days after the event.
2.8. Prices + Tax
The rates and prices indicated on the Avant Première website and the online registration form refer to net amounts, excluding all applicable taxes. Registration is taxed 7% VAT; reverse charge is not applicable. Tax amounts are indicated whenever prices are stated. No further costs occur beyond the total gross amount shown in the summary of the registration and subsequently sent invoice. Accommodation costs are not included. In case of governmental tax changes or the charge of new or additional taxes and fees currently unknown to the parties at this time, the IMZ reserves the right to adjust the listed rates and prices accordingly.
3. FILM SUBMISSION TO AND PRESENTATION AT THE AVANT PREMIÈRE SCREENINGS, AVANT PREMIÈRE MARKET SCREENINGS, AVANT PREMIÈRE SPECIAL SCREENINGS; PROPOSALS REFERRING TO ANY OTHER GIVEN AVANT PREMIÈRE PROGRAMME FORMATE AND / OR PARTNERSHIPS
3.1. Submission deadlines are published on the Avant Première website (www.avant-premiere.net). A film submission does not guarantee registration. The IMZ reserves the right to accept or reject submissions as they see fit and will notify the submitting party (company or individual) regarding the status of their submission.
3.2. Film submission for Avant Première Screenings
Film submission for Avant Première Screenings is available exclusively to IMZ Members (Full and Affiliate). The precondition for a successful submission and acknowledgement by the IMZ is a settled membership status at the time of submission.
A film submission may only be completed successfully, i.e. resulting in an allocation of a screening slot during Avant Première if
a. done via the respective online submission tools communicated and provided by IMZ,
b. completed during the official submission period (27 September – 2 November 2022) and
c. officially confirmed by the IMZ via email.
With regards to an Avant Première Screening, a separate contract will be set up between the submitter and the IMZ.
Submitted screening material may be included in IMZ video libraries at specific industry-related trade fairs and markets such as dancescreen and/or used for promotional Avant Première-related material like trailers, except when expressly prohibited in writing by the person responsible for the submission.
3.3. Film submission to the Avant Première Market or Avant Première Special
Film submission for Market or Special Screenings is available to IMZ Members as well as Non-IMZ Members and can only be completed successfully if
a. done via email to a.widmann(at)imz.at according to the rules and regulations set out in their respective contracts (see below)
b. completed during the official submission period and
c. officially confirmed by the IMZ via email.
With regards to a Market and/or Special Screening, a separate contract will be drawn up between the film submitter and the IMZ.
3.4. Proposals referring to any other Avant Première programme format and / or partnerships
Proposals for any other Avant Première programme format (e.g. talks, special presentations et al.) and/or partnership (e.g. booth rental, meeting desk rental et al.; partnership packages et al.) shall be
a. done via email to k.jeschke(at)imz.at according to the rules and regulations set out in their respective contracts
b. completed during the official submission period and
c. need to be officially confirmed by the IMZ via email to become valid.
A separate contract will be drawn up between the submitter of the proposal and the IMZ.
3.5. Payment and cancellation policy
Regarding services and obligations agreed upon referring to § 3 of this agreement, the following payment and cancellation policy shall apply unless explicitly specified otherwise:
Payment is due within 14 days upon receipt of the invoice.
To qualify for a refund, the IMZ must receive notification of cancellation in writing before 13 January, 2023.
No refunds will be issued for cancellations after 13 January, 2023. Before 13 January 2023, companies will be refunded 50% of the price (excluding applicable VAT).
Avant Première Online Participant List
Personal data collected during the registration process will be displayed on the participant’s profile on the digital Avant Première tool and are visible to other registered participants only. A contact tool is available exclusively for registered Avant Première participants. Any personal information provided by Avant Première participants will not be forwarded to third parties by the IMZ.
Use of images or video recorded at Avant Première by IMZ
Picture and sound recordings will be taken during the entire Avant Première event. These recordings serve the purpose of documentation and reporting of the event via various communication channels of the IMZ (IMZ websites, social media, archive, et al.) and as footage for the promotion of similar future events.
5. TRADEMARKS + THIRD PARTY CONTENT
All trademarks displayed on the Avant Première website are subject to the conditions of the copyright and trademark rights of the registered owner. Simply being listed on IMZ websites should not lead to the conclusion that third-party rights do not protect these trademarks. The same applies to content provided by third parties such as videos or trailers. Despite careful control of the content, the IMZ team is not liable for the content of external links. The owners of external sites are responsible for the content of the linked websites.
6. PROHIBITION OF FILM AND SOUND RECORDINGS AT AVANT PREMIÈRE SCREENINGS BY PARTICIPANTS
Making film and sound recordings of any kind at Avant Première film screenings is not permitted. Any infringement can lead to civil and criminal legal action and will result in exclusion from the event. Film, digital, video or sound recordings containing any content from a film screening can be confiscated, as well as the recording device used to make them. The devices may be returned on the condition that the owner agrees to delete the recordings beforehand. In light of the necessity to curtail piracy, each participant agrees that they will not steal intellectual property, in accordance with copyright laws and with respect to the resulting rights.
7. FORCE MAJEUR
The IMZ cannot be held liable in case of war, terroristic attacks, mobilisation, strikes, lockdowns, fire, martial law or other circumstances beyond the control of the IMZ (force majeur), that might render it impossible or difficult to carry through the IMZ’s contractual obligations. In the event of the contracting party (e.g. registered person, film submitter, booth contractor, special screening presenter et al.) being prevented from enjoying the services of the IMZ as contracted due to force majeur,
- the contracting party will still have to meet its contractual obligation to settle the full amount, or
- in case the respective invoice was already settled, the IMZ is not obliged to refund the transferred amount.
8. LIABILITY, WARRANTY
8.1 For contracts under consideration, the IMZ assumes warranty in accordance with the statutory provisions.
8.2 Services provided by IMZ for no consideration hold no warranty obligations.
8.3 The liability of IMZ and their bodies, officers, employees, contractors or other agents (“people”) shall as to the merits be limited to wilful intent or gross negligence; liability for slight negligence shall be excluded. This exclusion of liability shall not apply to personal injury or damage to property which IMZ has taken over. To the extent that liability is excluded or limited, this shall also apply to personal liability of its people.
9.1 If any provision of this agreement is or becomes ineffective in whole or in part or if a gap is noticed in this agreement, the validity of the other provisions shall not be affected thereby.
9.2. Modifications of or amendments to this agreement as well as statements indicating the willingness to conclude contracts shall be made in writing. This shall also apply to an abolishment of the formal requirement of written form. Signed statements or declarations sent by email (e.g. PDF scans) or fax shall be deemed to meet the requirement of written form.
10. APPLICABLE LAW – PLACE OF JURISDICTION
For all disputes arising out of this legal relationship, the parties agree on jurisdiction of the court having jurisdiction over 1070 Vienna, Austria, and over the subject matter. The parties agree that the place of jurisdiction shall in any case be Austria. Austrian substantive law shall apply. The place of performance shall be Vienna, Austria.
Last updated September 2022.