TERMS AND CONDITIONS

General Terms and Conditions of Contract and Use

§ 1 Scope of application

1. These General Terms and Conditions of Contract and Use apply to the rental of rehearsal rooms at the theaterhaus berlin (hereinafter referred to as THB) locations. The locations are operated and rented by the Kulturinitiative Förderband gGmbH.

§ 2 Conclusion of the contractual relationship

1. All contracts with THB must be in writing to be valid. They are concluded when the user signs and returns the contract drawn up by THB in good time so that it is received by THB within the acceptance period specified in the contract offer. If no return period is specified in the contract, the contract must be returned within 14 days at the latest. The postmark is decisive for the calculation of the deadline. After expiry of the deadline, THB is authorised, but no longer obliged, to conclude the contract.

2. Reservations or options end at the latest on expiry of the acceptance period specified in the contract offer.

3. If additional services are ordered as part of the execution of the contract, this must be done in writing. Orders placed verbally must be confirmed in writing.

4. Only registered users are permitted to rent the premises. Passing on the contract number to other users is not permitted and may lead to the termination of the user relationship. Exceptions to this rule are only possible with the written consent of THB. Subletting is not permitted. In case of violation, the user relationship ends with immediate effect.

§3 Subject matter of the contract │Visitorcapacities

1. The rehearsal rooms are rented on the basis of the existing, officially authorised escape routes and the specified capacities for the purpose of use specified by the user.

2. The premises may only be used for purposes other than those contractually agreed with the prior written consent of THB. The user undertakes to inform THB immediately in writing of any intention to change the purpose of use.

3. Changes to the premises, including changes to escape routes by means of superstructures and installations, may only be made with the written consent of THB and after any necessary official authorisations have been obtained. The duration, costs and risk of the authorisation procedure shall be borne in full by the user.

4. If several rehearsals/events by different users take place at the locations at the same time, each user must behave in such a way that there is no mutual disturbance of the other use as far as possible.

§ 4 Rental period │ Handover │ Periods of use

1. The rented rooms shall be made available to the user for the period agreed in the contract. Set-up and dismantling times as well as rehearsal dates are rental times and must be taken into account by the user when renting. There is no entitlement to use rooms outside the agreed contractual period.

2. If the user discovers defects or damage to the rooms, these must be recorded in writing and reported to THB immediately. At the end of the period of use, THB and the user may request a joint inspection and recording of any damage.

3. All objects, structures and decorations brought in by the user must be completely removed at the end of the rental period and the original condition must be restored. § Section 545 BGB on the “tacit extension of the tenancy” does not apply. At the end of the rental period, the items may be removed at the user’s expense. If the rented property is not returned in a cleared condition on time, the user must in any case pay compensation for use corresponding to the usage fee. The right to assert further claims due to late return of the rental object is reserved.

§ 5Rent│Additionalservices│ Ancillary costs

1. Fees, ancillary costs and additional services are specified in the contract itself or in an annex to the contract. Additional services and ancillary costs that cannot be specified at the time the contract is concluded shall be remunerated separately.

2. When using prop boxes/storage rooms, the user will receive a coded padlock at the reception desk. THB accepts no liability for stored items and advises against the storage of valuable items. The box must be completely emptied on the last day of the agreed period of use at the latest. Any items not removed will be disposed of by THB 7 days after expiry of the agreed period.

3. THB is entitled to demand advance payments and security deposits from the user. The storage of highly flammable or flammable objects or food is not permitted.

4. All services and ancillary costs incurred shall be invoiced as contractually agreed, taking into account any advance payments made.

5. All agreed fees and payment obligations are due immediately after invoicing without deduction. Default interest may be charged in the event of late payment.

§ 6 Advertising measures

1. The Kulturinitiative Förderband gGmbH / theaterhaus berlin provides publicly funded rehearsal and production rooms at favourable conditions. The user undertakes to draw attention to this support in production-related media (e.g. flyers, posters, programme booklets, website).

2. Advertising measures in or on the rented premises are not permitted without the consent of the THB. Poster advertising may only be carried out by THB staff. The user must tolerate any competing advertising at the locations.

3. THB is authorised to refer to the user’s production on its homepage, in the newsletter and on social media channels.

§ 7 Events │ GEMA fees for events

1. Events/showings and public rehearsals must be agreed in writing.

2. When organising events, the user assumes responsibility for event safety, in particular with regard to the maximum number of seats and spectators, escape route safety and the safe use of technical equipment for the event. When using rooms for events, the maximum number of seats / spectators authorised for this room must be strictly adhered to. The user must name a person authorised to manage the event in writing in good time before the event.

3. The timely registration of GEMA-liable works with GEMA and the timely payment of GEMA fees are the sole responsibility of the user. THB may require the user to provide written proof of registration of the event with GEMA, written proof of payment of GEMA fees and/or written proof of invoicing by GEMA. If the user is unable or unwilling to provide proof in accordance with sentence 1, THB may demand security in the amount of the GEMA fees expected to be incurred from the user.

§ 8 Production of sound, sound-image and image recordings

THB has the right to make or have made image/sound recordings and drawings of productions for the purpose of documentation or for its own publications.

§ 9 Catering

The right to catering is exclusively reserved to THB and its contractually affiliated catering companies. The user is not authorised to offer or give away food, drinks, refreshments, tobacco products or the like.

§Section 10 Persons responsible for event technology │ Specialists

If stage, studio, sound or lighting equipment is to be set up for use, “persons responsible for event technology or specialists for event technology” must be provided at the expense of the user in accordance with § 34 BetrVO (corresponds to § 40 MVStättV).

§ 11 Liability of the user

1. The user shall be liable to THB for any damage caused by him/her, his/her vicarious agents and assistants, guests and visitors in connection with the use of the venue.

2. The user is liable for the consequences of the activation of fire alarms, smoke detectors, sprinkler systems and water spray extinguishing systems, insofar as he/she, his/her vicarious agents or visitors have caused this through smoke, heat, open fire, special dust formation, use of fog machines or pyrotechnics. The costs for a fire brigade intervention amount to up to EURO 5000.

3. The user shall indemnify THB and the property owner against all third-party claims asserted in connection with the use of the event, insofar as the user, his/her vicarious agents or guests are responsible for such claims. This indemnification obligation also extends to official fines (e.g. for disturbing the peace, blocking escape routes, violations of the Non-Smoker Protection Act) that may be imposed on THB in connection with the use.

§ 12 Liability of THB

THB is not liable for loss of or damage to items brought in by the user.

A reduction of the rent due to defects in the rental object is only possible if THB has been notified of the intention to reduce the rent during the rental period.

§ 13 Rescission/cancellation

THB is entitled to withdraw from the contract in the event of a breach of essential contractual obligations after unsuccessfully setting a deadline and threatening refusal, in particular in the event of

_ breach of contractually agreed payment obligations

_ change of the purpose of use or the type of event without the consent of THB

_ Lack of official authorisations/permits for use, which the user must obtain

violation of official requirements/authorisations

_ Violation of legal provisions relating to the safety of use

violation of the rights of third parties through use

endangering public safety and order

§ 14 Safety regulations │ Behaviour in the event of fire

1. All equipment materials required for use must be made of flame-retardant or non-combustible material.

2. All materials brought in must be far enough away from ignition sources, spotlights and heat sources so that they cannot be ignited by them.

3. Escape routes, exit doors, safety equipment (fire alarms, smoke detectors, fire extinguishers, etc.), emergency exits and their labelling must not be blocked, covered or otherwise made unrecognisable. Corridors must not be obstructed at any time by objects placed in or protruding into the corridor. All corridors serve as escape routes in the event of danger. Fire and smoke protection doors must not be kept open.

4. Any technical equipment brought in must comply with the generally recognised rules of technology, in particular the requirements of the accident prevention regulations with regard to safety and functionality.

§15 WLAN use

1. Password-protected WLAN is available for free use at the THB locations. The provision depends on the respective technical and operational possibilities. There is no entitlement to functional WLAN or specific local coverage by hotspots. Interference-free and uninterrupted use cannot be guaranteed.

2. The prerequisite for using the WLAN is an existing licence agreement with THB or a rehearsal activity that is connected to a licence agreement. The access data for the WLAN is available at THB reception and may not be passed on to third parties. The loss or disclosure of access data to third parties must be reported to THB immediately.

3. The user is obliged to comply with applicable laws during use. The user is obliged to refrain from any actions that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors.

4. Data transmission between the guest WLAN and the user’s WLAN-enabled end device is wireless. It cannot be ruled out that third parties may gain unauthorised access to the data to be transmitted via the guest WLAN. The user expressly acknowledges that the use of the Internet and the transmission of data, in particular via a WLAN connection, are associated with increased danger and security risks. It is the responsibility of the user to configure the security of his/her software so that data transmission is protected against access by third parties.

5. The user is responsible for all actions taken in connection with the use of the Internet via THB’s WLAN and indemnifies THB against all claims asserted by third parties against THB due to a violation of legal regulations, third party rights (in particular personal rights, copyrights and trademark rights) or contractual obligations, including the costs of the necessary legal defence (lawyer’s fees and court costs in the statutory amount) upon first request.

6. In order to provide the services of the WLAN, the use of personal data of the user’s terminal device is required. In this context, the MAC addresses of end devices may also be temporarily stored. This data cannot be directly assigned to the user.

§ Section 16 House rules │ Exercise of domiciliary rights

1. The THB house rules apply in all THB rooms. The user must ensure the implementation of and compliance with the house rules vis-à-vis his/her visitors and employees, vicarious agents and assistants.

2. The rooms may only be used for the contractually agreed purpose of use. The maximum authorised visitor capacity may not be exceeded under any circumstances.

3. In addition to the Lessee and his/her event manager, THB and the persons authorised by THB are entitled to exercise domiciliary rights over all persons present in the venue.

4. The persons authorised by THB must be granted free access to the rented premises at all times within the scope of exercising their domiciliary rights.

5. The rooms provided for use must be treated with care and attention and must be left tidy and swept clean after each rehearsal – or damp-cleaned in the event of heavy soiling. In the event of gross violations of order and hygiene, the theatre may charge a cleaning fee of EURO 20.00. Any defects in the rooms or objects occurring during use must be reported immediately. Structural alterations of any kind are not permitted.

6. Within the locations, everyone must behave in such a way that no one is harmed, endangered, hindered or inconvenienced.

7. Smoking is prohibited on the sites. The relevant instructions must be observed.

8. For safety reasons, the closure of rooms, buildings and open spaces and their evacuation may be ordered. All persons present at the locations and on the premises must comply with such requests immediately and leave the locations immediately if an evacuation order is issued.

9. For safety reasons, the bringing of any electronic devices that are to be connected to the THB power supply is only permitted after prior consultation and authorisation.

10. The following items are prohibited:

– gas spray bottles, corrosive or colouring substances or pressurised containers for highly flammable, harmful gases, with the exception of commercially available pocket lighters and hairspray

– highly flammable and combustible materials

– containers made of fragile or splintering material

– fireworks, rockets, Bengal fires, smoke powder, flares and other pyrotechnic objects

– pyrotechnic objects as well as mechanically and electrically operated noise instruments

– animals

– discriminatory, racist, xenophobic and radical propaganda material