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Allgemeine Geschäftsbedingungen Sugar City Events B.V. 

These terms and conditions apply to the contract and entered into by SugarFactory B.V.,
registered in Halfweg, hereafter referred to as “SugarCity”, with a User for the temporary use of
(parts of) the buildings of SugarCity on the site know as SugarCity in Halfweg. “User” is here defined
as the contractual partner of SugarCity.

1. Events at SugarCity

Organising events at the site of SugarCity is only permitted after a written agreement has been
signed by both the User and SugarCity in accordance with the provisions stated in this agreement.
Without prior written consent it is not permitted to use the premises and its event locations for any
other purpose than established in the above mentioned agreement, or to cede usage of (parts of) the
location to third parties.

User will ensure no activities will take place that could cause nuisance and/or damage. Particular
activities that are not listed in the agreement (sound checks, openings, recordings etc.) must be
announced to SC by User in advance.

Failure to meet the above conditions results in SugarCity serving a notice of maximum 24 hours to
repair the violation in question. If this can not be achieved, not timely, and/or not properly and to
the satisfaction of SugarCity, User owes an immediate penalty sum totalling €5.000,-, plus an
additional €500,- for each day the violation persists.

2. Confirmation and payment

a. SugarCity is in any case only committed once its written proposal/quote is accepted within
the designated timeframe through (i) receipt of a proposal/quote signed by both parties or if (ii) User
has accepted the written proposal/quote by email. SugarCity cannot be held liable for any lack of
clarity arising from verbal commissions or communications, or for those conducted by telephone.

A copy of the contract signed by User will be returned countersigned by SugarCity, alongside a pro
forma invoice totalling the estimated costs agreed. Remittance concerning this invoice must be
received by SugarCity no later than 10 days prior to the event. SugarCity reserves the right to
suspend the availability of the premises as long as User has not met the obligations to SugarCity.
User will receive the final invoice after the event for which payment is due within 14 days of sending
the invoice.

User payment obligations relate to:
– Use of the space(s);
– Additional supplies and services.

b. All payment terms are non-negotiable. Exceeding the payment period results in late payment
interest to be charged at 8,05% per month of the amount owed by User to SugarCity.

3. Cancellation

Payments remain due as agreed for cancellations of one (or more) event reservation(s) after
completion of the agreement for any reason whatsoever, including any reasons beyond control of
User, unless otherwise agreed:

a) In case of cancellation more than 90 days in advance of implementation date: 50% of the
agreed fee;
b) In case of cancellation more than 30 days in advance, but less than 90: 75% of the agreed fee;
c) In case of cancellation less than 30 days before the implementation date of the even 100% of
the agreed fee remains due.

Reservations can only be cancelled in writing. The date the written notice of cancellation is received
by SugarCity is used to calculate the eventual charge applicable. In case of cancellation an
administration fee of € 24.95 excluding VAT will be charged.

4. Representation of SugarCity

On behalf of SugarCity a location manager is present at all events (including at set-up and de-rigging
days), also with regards to the correct usage of the various facilities. During the preparations and
during the event the location manager is User’s first point of call.

User is expected to inform the location manager of the commencement date/time of the event
during the production meeting prior to the set-up or first actual use of the location, as well as the
further planning of the event including the expected time of completion after the event.

User will at all times inform the location manager of any particulars concerning any alterations to the
planning. User must follow instructions of the location manager at all times. If User fails to comply
with the law, or the conditions set out in the Agreement (including attachments) and stated in the
Terms & Conditions, the location manager reserves the right to suspend the activities of the User, or
require these to be discontinued.

5. Representation of User

At the start SugarCity hands over the agreed areas to User, or to a representative of User as
announced to SugarCity in advance.

A (technical) producer is required to be present at all times during the use of the location, SugarCity
must be informed in advance of both the name and contact details of the appointed producer.
The producer is to be the first point of contact for all suppliers, artists and other employees an/or
visitors to the event.

The producer must ensure that all staff, artists and (sub)suppliers observe all measures that follow
from the execution of the production by the User. In the event of non-compliance with safety
measurements (e.g. no safety shoes, helmets, harness etc. where applicable) the producer is
required to address and correct the situation.

6. Production meeting

A production meeting will be scheduled prior to each period of use, with the exception of the use of
the building known as ‘Het Kasteel’. Binding agreements can be made in these meetings, deviating
from or complementing the Agreement and the Terms and Conditions, these must be put in writing
and be signed by both parties.

7. Licenses

User is aware of the provisions concerning Fire Safety set out in the permits obtained by SugarCity.
All conditions and provisions stated therein apply to User without exception.
If the intended use by the User does not fit within the conditions and provisions stated in the permits
regarding Fire Safety, User must apply for the necessary permits suitable for the planned activities.
If User is planning an event for which an event license is required, User must arrange under their own
name and responsibility, for the application of this, including any necessary additional permits, with
the council of Haarlemmerliede no later than 8 weeks in advance with the applicable request form.

Prior to start of the use of the premises User shall send SugarCity copies of any application forms and
issued licenses, waivers and consents.

Please note the following points are applicable for all events:
– For mounting on trusses and/or installing bleachers and stages approval is required from
both the Building Control office of the council of Haarlemmerliede and from SugarCity.
– User must provide SugarCity with a construction plan prior to start of use. Fire Services carry
out spot checks to ensure all requirements are met. Therefore the layout planned by User for the
event needs to be drawn to scale onto the existing floorplan of the building. When using bleachers,
stages or tents a separate construction drawing needs to be included.
– Gas cylinders, flammable and/or environmentally hazardous substances are prohibited in all
– All materials such as backdrops, drapes etcetera, as well as seating plans, must be approved
by Fire Services and SugarCity. If any objects (tents, mobile toilets, signage, etc.) are placed in the
public areas application for a suitable permit is required.

In case necessary licenses are not obtained in time or if User fails to comply with the requirements as
stipulated in the license, SugarCity reserves the right to suspend or terminate all activities, any
potential consequences that entails are the sole responsibility of the User. (Financial) obligations of
the User under the agreement remain unaffected. SugarCity can not be held responsible for any
sanctions and/or consequences of non-compliance with government regulations and/or license
conditions, and User shall shield SugarCity from all such sanctions and consequences.

8. Duration of use

The period of use is stated in the contract, including both the start time and end time of use. Unless
otherwise agreed a day starts at 9h00 am and finishes at 17h00 pm.

9. Number of visitors

User is responsible for tracking the number of visitors. The environmental permit and user license
state the generally applicable maximum number of people. Depending on the design and layout of
the space implemented by User a different maximum number can be set. This maximum is binding.
An accurate statement of the number of visitors must be available at all times during the event for
the location manager. Exceeding the maximum numbers could lead to SugarCity and the location
manager terminating all activities.

10. The buildings

SugarCity is an industrial heritage site. It is not allowed to screw, nail, staple, paint, glue etc. in or on
the buildings, nor is it allowed to fry, bake, stir-fry or roast. It is also not allowed to tape anything to
the walls, ceilings, windows, doors and floors.

All buildings in SugarCity are smoke-free.

11. Alarm

Not all buildings are equipped with alarms. Where applicable, User is responsible themselves for
(night) surveillance. SugarCity does offer the option to arrange for (night) surveillance; any costs
incurred will be charged to User.

12. Noise standards

Some of the spaces have limited soundproofing. User notifies SugarCity in advance if noise
disturbances to third parties can be expected. SugarCity works with a specialised noise consultant
and recommends users to do the same. The Meeting & Events team are happy provide further
User may not exceed noise standards. Unless otherwise stated in the license issued for the event
noise levels may not exceed the standards set by the “General Rules for Environmental
Management”, for establishments Type A.
If the event is such that noise disturbances can be expected, User must arrange for noise
measurements to be taken prior to the event and ensure that standards are not exceeded.
If standards are not complied with, the location manager reserves the right to terminate the
activities that are causing the noise.

13. Power, light and sound systems

a. All spaces are equipped with power, though to a limited extent. Upon request an overview of
electricity capacity of the buildings can be issued. User must take the responsibility to ensure the
maximum capacity of the electricity supply is not exceeded. User must supply SugarCity with an
electricity plan no later than 10 days before the start of the period of use. Any uncertainty
concerning expertise, or when the electricity plan is not supplied in time, SugarCity will appoint an
electrician for the period of use at the expense of the User.
User shall see to it that the power supply for all components and activities is included in the
electricity plan which should at least include: lighting, sound, catering, refrigeration, dressing rooms,
tents, and any (additional) toilets/showers etc. Use of a generator is only permitted with prior
permission of SugarCity.

b. The lighting systems and sound installations in the buildings are not part of the areas given in
use and therefore may not be used by User themselves. Using these facilities, and the terms under
which, can be agreed with the preferred technology partner of SugarCity, contact details can be
shared upon request.

14. Water

If User is planning to use water during the period of use, a robust installation for supply and drainage
needs to be arranged by User. Fire hoses may only be used in case of fire. Cleaning of the building
must never ne done by spraying the floors or walls with water. Any (water) damage will be charged
to User.

15. Kitchens

If User is providing food during the event, kitchens should be set up according to the applicable legal
standards and in accordance with the provisions of these terms & conditions.
Only easy-clean floor and wall coverings should be used. Directives can be requested (via the catering
company) from the Food Safety Authority and from Horecabond Nederland.

16. Refuse

It is not allowed to put bin bags or garbage containers outside. Containers for the disposal of waste
can be rented at SugarCity. All containers must be placed within the building by the User, before,
during and after the event.

17. Safety

User must take note of the evacuation plan for the buildings and instruct its staff how to act during
an emergency. The necessity for a security company will be determined In consultation with
SugarCity, and with licensed events.

18. First Aid

Depending on the size and the type of event, SugarCity can request User to hire First Aid personnel
and/or install a separate First Aid point.

19. Completion

a. User accepts the agreed buildings and areas in the state they are at the beginning of the
agreed period of use. At the end of the period of use they buildings and areas need to be swept clean
and in de same condition as at the start of the period of use, unless otherwise agreed in writing.
All materials brought in by User should be disposed of by User at the end of the period of use. Any
defects or damage to the premises, areas or installations found at the end of the period of Use are
deemed to have arisen during the period of use, unless User can prove that the defect or damage
existed at the start of the period of use.

b. At the end of the period of use, User is required to have cleared the areas and buildings
including all that is of or because of User, non-compliance results in an immediately payable penalty
totalling €3.900,- (ex VAT) per day or part of day as long as User has not complied, this does not
impact on the right of SugarCity to recover the actual damages and consequential damages from the
User instead of issuing a penalty.

c. SugarCity provides cleaning of the area or building at the end pf the period of use. If the floor
is not swept clean, or in case of serious uncleanliness, the additional cleaning charges are forwarded
to User. Exceeding the date of completion results in the charges for the location manager to be
forwarded to User, regardless of any resulting penalties issued to User.

20. Liability

a. If, through force majeure or by any cause or circumstance outside its control, or because of
any default of a previous user, SugarCity is unable to put the agreed areas fully at the disposal of the
User at the agreed starting time, SugarCity can not be held responsible for any consequential
damages by the User.
If a third party can be held responsible, meaning not SugarCity, its employees, its group of (limited)
companies or its engaged legal representation, then SugarCity can forward the claims of User to this
third party if requested.

b. SugarCity can not be held responsible by the User for any adverse consequences or any
possible disruption caused by construction works elsewhere on SugarCity. SugarCity shall notify User
of any scheduled works within the areas and buildings where possible. User shall allow access to any
workers when needed. Only persons designated by SugarCity will have access to the premises for

c. SugarCity exploits all areas and buildings daily, and seeks to provide a balanced programming
schedule. SugarCity can not be held responsible for any inconvenience or adverse consequences
resulting from simultaneous activities in nearby buildings and areas, despite its efforts to avoid this
as much as possible. SugarCity will notify User where possible of any planned activities in advance
upon request.

d. SugarCity is not liable for any damage to User as a result of not, not fully or not timely
complying with any obligation agreed in the contract, or for any consequences of any hidden defects,
or any possible consequences resulting from acts of third parties.

e. Damage to or loss of property from SugarCity will be charged to User. User is obliged to
arrange for appropriate insurance.

f. SugarCity is not liable for any damage to or loss of property of the User, or persons who are
within the SugarCity grounds on behalf of User, neither can SugarCity be held responsible for injuries
suffered by persons employed by or working for the User, its suppliers or any that are within the
grounds on behalf of User.

g. The exclusion of liability of SugarCity under the provisions of this Article shall not apply in
cases of intent or recklessness of SugarCity.

21. Access employees SugarCity

Employees of SugarCity are allowed access to all buildings and parts of buildings upon request,
including backstage if required.

22. Viewings

SugarCity has regular site visits from new users and other interested parties. This is always done
under supervision of an employee of SugarCity. If schedules do not allow a viewing during an event,
the User can report this to SugarCity during the production meeting.

23. Traffic/parking/loading and unloading

User can only use the designated parking area and is not allowed to make use of parking spaces of
existing tenants of other parts of SugarCity, which are marked by name. User is obliged to employ
one or more parking wardens if requested by SugarCity at bigger events.

24. Staying overnight

User and its guests and/or suppliers are not allowed to stay overnight on SugarCity premises. Tents
and/or caravans are not permitted on SugarCity premises.

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