The following terms govern the relationships between the two contractual partners, the organiser following called “the organiser” and X-TRA Production AG (X-TRA), and constitute an integral part of every assignment and of the contract.

For cases that are not covered by these general terms, the parties shall agree on a joint approach that is set out in the contract and the costing.

The following general terms of business of X-TRA shall apply exclusively. All existing general terms of business of the organiser are not part of this contract, even if the terms have not been expressly contradicted.

 

2. Scope

These general terms of business apply to events held in the following rooms provided by X-TRA:

• Foyer (ground floor)
• Palais (main hall, 1st floor)
• Stage (1st floor)
• Backstage(1st floor)
• Production Office (1st floor)
• Podium (small hall, 1st floor)
• Forum (small hall, 2nf floor)
• Gallery (2nd floor)
• Panorama Lounge (2nd floor)
• Hotel room(s)
• Delivery and outdoor area
• Any additional spaces/rooms required for the event, e.g. Hans Bader hall, martial arts school, kitchens, utility rooms and/or storage facilities, shall be included separately in the event contract and costing.

If the event organiser require exclusive use of the entire facilities for small events, X-TRA will not be able to entertain guests in the main hall. X-TRA reserves the right to charge the organiser for the lease costs of the main hall on top of the other costs, and to bill the organiser for compensation based on the specific set of circumstances.

 

3. Booking process for rooms

3.1 Reviewing availability of dates

The event organiser contacts the X-TRA event project manager (EPM) to request available dates for their event. As a rule, multiple dates within a specific time period will be provided. The organiser will check which date(s) is best for them and inform the EPM accordingly. The EPM then enters this date(s) into the X-TRA programme book as an option.

3.2 Option listings

Options are not binding reservations for the organiser or X-TRA. They constitute a claim to hold an event on the premises of X-TRA on this date. Options have a time limit of three months upon entry and must be renewed or reconfirmed as required. If the organiser decides not to trigger the respective option, the organiser undertakes to inform X-TRA without delay.

Up to three options may be entered for a specific date. The claim is based on the date of entry.

X-TRA informs the priority option holder of subsequent option listings, so that this option holder may prevent point 3.3 (below) from occurring, or to speed up their decision-making process.

3.3 Challenge

If an organiser with a subordinate claim is willing to reserve the date, which is to say to contractually book it, this organiser may trigger a challenge. X-TRA contacts the organiser with the priority claim and gives then 48 hours in which to either contractually book the date or unblock it. If this organiser reserves or books this date, a contract is concluded with the organiser with the priority claim. If the date is unblocked or the 48-hour period elapses, a legally valid contract is concluded with the organiser with the subordinate claim. This means that any party that triggers a challenge undertakes it to conclude a contract on the relevant date and hold the event.

 

4. Conclusion of contract

The event contract, which sets out the terms of use of rooms and areas and other deliveries and services, is furnished with a separate lease or production contract, or with a booking confirmation in writing by X-TRA (hereinafter “contract”). The regulations, services and room programme according to the costing/offer, unless other provisions are stipulated in the contract.  The transfer of rooms to third parties requires the written authorisation of X-TRA.

A contract in writing within the meaning of Art. 253 f. Swiss Code of Obligations (OR) is concluded with the organisers regarding the use of the rooms on the premises of X-TRA in Zurich. In the event of withdrawal from the contract, X-TRA Production AG reserves the right to submit claims for compensation under OR.

If the contract is performed by a third party, this party – notwithstanding effective authority conferred by the organiser – becomes a contractual partner and is liable for all obligations arising from this contract (with the organiser as the joint and several debtor).

 

5. Payment terms

Unless otherwise stated in the offer/costing, VAT is charged to the organiser. Any increase in the VAT rate following the conclusion of the contract shall be borne by the organiser. Price amendments are expressly reserved.

The payment terms for natural persons or companies domiciled in Switzerland are stipulated in the contract and vary based on the accomplishments to be provided, the creditworthiness of the organiser and the commercial experience with the organiser.

Companies domiciled abroad shall pay 100% of the amount stated in the offer at least 60 days before the event.Personal checks are not accepted. If any payments on account are not paid by the agreed date, X-TRA reserves the right to withdraw from the contract without any obligation to pay compensation.

 

6. Regulations

The organiser shall pay all royalties to the society of authors, composers and music publishers (Suisa/ VSR) and other relevant entitled parties if royalties are offered for obligatory performances (music, theatre, film, photography, etc.).

For artists or athletes domiciled abroad, the organiser pays the corresponding withholding tax. 

The noise and laser regulations must be complied with. If these regulations are violated, X-TRA reserves the right to take the necessary steps without X-TRA incurring any additional costs.

 

7. Number of participants or guests

7.1 Events not open to the general public

The number of guests stipulated in the contract is the guaranteed number and serves as the basis for the amount charged. The organiser is obliged to inform X-TRA of the definitive number of guests (updated guaranteed number) at the latest seven working days before the event. If more guests are present than was specified, the amount charged will be based on the effective number of guests. If fewer participants are present than was specified, X-TRA accepts a tolerance limit of max. minus 5% of the guaranteed number. If the minus differential is higher than 5%, this requires a written confirmation by X-TRA. In such a case, X-TRA reserves the right to make a new cost estimate.

7.2 Events open to the general public

The number of guests specified in the contract or in the offer (tickets sold and admissions) serves as an expectation or guideline with regard to capacity. The organiser shall inform X-TRA on presale figures on a weekly basis without being requested to do so. Alternatively, the organiser may provide X-TRA access to the relevant advanced sale system.

The organiser is obliged to inform X-TRA the number of guests present at the event at any time during and after the event. This information must be based on salesreport, box office sales and the guest list. Furthermore, the different categories should be disclosed.

 

8. Catering, Food and Beverages

All food and beverages shall be sourced or purchased via X-TRA (see also point 11). In exceptional cases, a different written agreement may be concluded subject to a service charge or corkage fee.

 

9. Services provided by third parties

If X-TRA procures technical or other facilities/equipment from third parties for the organiser, X-TRA shall act in the name of and for the account of the organiser.

The organiser is liable for the careful handling and proper return of these facilities/equipment, and indemnifies X-TRA against all claims made by third parties. Point 10 applies in the event of cancellation of services.

 

10. Cancellation, Termination and Postmonement

10.1 Policy

If the event is unable to be held – without X-TRA being responsible for this – X-TRA reserves the right, depending on when the event is cancelled, to claim payment for the services stipulated in the contract and offer, with the submission of the written cancellation to X-TRA being the decisive factor. The terms may be adjusted depending on the size of the event. These terms are specified in the contract.

If the event has to be postponed to a later date rather than cancelled, the parties shall seek out a solution that best suits both parties. In any case, the organiser shall compensate X-TRA for any costs resulting from or already incurred due to the postponement. X-TRA shall prepare the corresponding invoice.

10.2 Cancellation insurance

The organiser has the option of taking out an insurance policy against the risk of cancellation. This service is provided by X-TRA for a fee. A selection of compensation amounts is provided in the contract. In the contract, the organiser declares the costs to be insured and pays the stipulated premium to X-TRA.

This insurance exclusively covers event cancellations caused due to travel delays, illness, accidents that befall the member(s) or death of the member(s) or immediate dependants of the artist, speaker or athlete.

If, as a result of one of the reasons the stated above, the event is postponed, the insurance will cover the costs of postponement.

The insurance does not cover cancellations that arise due to business decisions. Cancellations due to a lack of ticket sales or a transfer of the event to a smaller or larger location are not covered. In the event of a cancellation of this kind, X-TRA shall – depending on the date – charge the organiser for the costs stated in the contract and offer.

10.3 Cancellation of and/or change to booked services

In the event of a cancellation of or change to the services offered or booked at short notice, it shall be at the discretion of X-TRA as to which costs are charged. This applies in particular to changes to food and beverage services and services ordered by X-TRA from a service provider on behalf of the organiser. These changes must be stated in writing. Changes that are communicated fewer than seven days prior to the event are understood to be at short notice.

10.4 Business interruptions, security and reputation

If X-TRA has a legitimate reason to believe that the event may endanger the smooth operation of business, the security or the reputation of X-TRA – including in the event of force majeure – X-TRA may cancel the event without any obligation whatsoever to compensate the organiser.

10.5 Failure to achieve the agreed performance objectives as part of a series of events

For a series of events where lease and production contracts have been concluded for multiple dates, X-TRA and the organiser will define the financial framework conditions and performance objectives as a matter of priority.

If, in the course of business, X-TRA has legitimate reason to believe that the performance targets will not be achieved on future contractually agreed dates and that the financial framework conditions are detrimental to X-TRA, X-TRA may cancel these events without any obligation whatsoever to compensate the organiser.

 

11. Communicative and commercial rights

11.1 Events not open to the general public

The communicative rights of X-TRA and its partners shall be suspended. X-TRA shall refrain from dynamic consumer communication in the case of corporate events. The wall-mounted racks for flyers may be covered against payment of compensation. Likewise, the commercial rights of X-TRA and its partners shall be suspended. This does not include exclusivity of catering services and suppliers, which, for reasons of safety and operational reliability, shall necessarily remain with X-TRA.

11.2 Events open to the general public

The communicative and commercial rights of X-TRA and its partners shall remain in full force.

 

12. Communication by the organiser

12.1 Citation of the X-TRA brand

Social media campaigns, web banners, newspaper advertisements, personal invitations, flyers, posters, etc. that refer to events on the premises of X-TRA require a prior review and consent from X-TRA in writing with regard to the citation of X-TRA.

If any materials are published without the consent of X-TRA and infringe upon its substantial interests, X-TRA shall be entitled to cancel the event. In this case, the claims to remuneration in accordance with point 10 plus all indemnity claims apply up to the point when the cancellation is issued in writing.

12.2 On-site communication

The affixing or attachment of advertising materials via nails and screws to façades, columns, walls and passages is only permitted by X-TRA employees and is billed to the organiser. If the organiser does not adhere to this contractual point, X-TRA reserves the right to charge the organiser for any resulting damage.

12.3 Promotion Teams

Mobile promotion teams may only be deployed with the agreement of X-TRA and must be recognisable as such. When distributing gadgets, flyers and free samples, the relevant promotion teams are also responsible for the disposal of the waste generated by the dispensed materials (flyers on the ground, packaging materials, etc.). The container costs of CHF 100.00 shall be charged to the organiser.

12.4 Promotion of public events by X-TRA

X-TRA has a major interest in ensuring the organiser utilises the capacity of the venue well. This is why, to promote all public events, X-TRA uses communication measures that support and assist the campaigns carried out by organisers. The portfolio of measures is available to organisers on request. Further measures may be requested and booked against payment.

12.5 Photos and video recordings by X-TRA

During events at X-TRA, the organizers regularly take photos or make video recordings that are used for documentation, post-event reporting and advertising for upcoming events, for example on the X-TRA website or the organizer's website, in photo galleries and on social networks.

We assume that by participating in events at X-TRA, our guests agree that photographic material on which they can be seen during the event may be used for these purposes without entitlement to remuneration.

If a person does not agree to the publication of an image on which they are depicted in a recognizable manner, they can contact us at kommunikation@x-tra.ch. If X-TRA itself was the organizer, the image material will be removed immediately. In the case of third-party events at X-TRA, we will forward any complaints to the respective organizers.

13. Construction, Decoration and Fire Safety Requirements

13.1 Structual changes

Changes to the areas and rooms used for business purposes and the furnishings, equipment and technical installations within require the express written consent of X-TRA beforehand. All measures must – insofar as is necessary – be approved by the responsible authority prior to being carried out.

The concept and the associated plans shall be submitted to X-TRA in the planning phase for approval.

Restrictions or alternative solutions proposed by X-TRA must be implemented.

13.2 Decoration

The X-TRA decoration team is available for the visual conception, planning and implementation of decorations. The team is able to provide a competent, tailored visual solution based on its experience and knowledge of the premises. Using the briefing issued by the organiser as the basis, the decoration team prepares a visualised concept with a budget for approval by the organiser.

13.3 Decoration by third-party providers

The organiser is entitled to contract a third-party provider. During the planning phase, the provider submits the concept and a list of the decorative materials to be used to X-TRA for review. Carpets, curtains and other materials of this kind must meet the regulations of the fire police. X-TRA may insist on the relevant certificates being submitted for approval.

13.4 Fire safety requirements

No structural or decorative installations may be placed in the emergency exits or escape routes without the written consent of X-TRA. Smoking is prohibited and is exclusively permitted in the specially designated smoking areas.

All pyrotechnic shows require permission from the fire department. As a prerequisite, X-TRA must be shown the pyrotechnic show in advance and provide its consent. Furthermore, the pyrotechnist responsible for the fireworks display must possess a certificate of competence for handling and transporting explosive materials, such as pyrotechnic items in classes T1 and T2. The pyrotechnist shall submit their application directly to the fire service. The organiser shall cover the cost of this. adrian.tenger@zuerich.ch

13.5 Alterations at short notice

Arbitrary unannounced decorations, changes to the seating layout, placement of objects and the posting of inscriptions or advertisements are not permitted without the written consent of X-TRA.

 

14. Standard equipment / rent equipment

The event location is equipped with a basic setup, including furniture, audio systems, lighting and video systems, platforms, grilles, etc. Information about these systems is available for download from the X-TRA website.

All requirements regarding furnishings, stage design, lighting, etc. shall be planned at an early stage with the EPM. The concept and additional requirements shall be submitted to X-TRA during the planning phase. Restrictions or alternative solutions proposed by X-TRA must be implemented. Additional furnishings that are required can be leased via X-TRA and set up at the event. The costs for the additional furnishings shall be charged to the organiser.

For this, X-TRA guarantees prices and terms as are standard in the industry.

 

15. X-TRA Production employees

15.1 X-TRA Technicians

To ensure smooth operation, X-TRA provides at least one production manager and at least two stagehands for the duration of the lease. Other technical employees or stagehands may be hired by the organiser from X-TRA or a third-party provider. Third-party employees must follow the instructions issued by the X-TRA production manager.

15.2 Sound and Lighting technology and stage production

The engineers employed by X-TRA are responsible for audio and lighting technology on the premises of X-TRA. They are familiar with the various options and technical requirements. X-TRA provides at least one audio and lighting engineer each. Other engineers may be hired by the customer from X-TRA or a third-party provider. Third-party employees must follow the instructions issued by the X-TRA engineers and the X-TRA production manager.

15.3 Security and medical assistance

The security service contracted by X-TRA is exclusively responsible for all security matters. X-TRA is responsible for security processes and deployment planning.

The costs are charged to the organiser. X-TRA shall assess the situation and decide whether medical services are required. Only those medical services acknowledged by X-TRA shall be deployed at the event. The fee for the medical services shall either be directly paid by the organiser or settled with X-TRA.

15.4 Admission and reception

Employees may be hired by the organiser from X-TRA or a third-party provider to staff the welcome desk, manage guest/VIP lists and staff the box office. For public events, there is a separate form for the admissions process stating the essential points, which is to be completed in good time by the organiser and submitted to X-TRA.

 

16. X-TRA Food & Beverage employees for catering services

16.1 At events open to the general public

Based on the expected number of guests (guaranteed number), the head of catering plans the number of POS stations and an adequate number of employees to staff the bar and cloakroom areas. The use of the lounge and VIP area must be agreed in good time. All revenue generated through catering and the cloakroom shall belong to X-TRA.

16.2 At events not open to the general public

Based on the guaranteed number, the duration of the event, the range of food and beverages on offer and the service format, the head of catering works with the banquet service manager, bar manager and head chef to plan for and manage the requisite number of employees. The service and cloakroom staff are not included in the sales price and shall be offered and charged to the organiser in a transparent manner, as the number of employees may vary significantly depending on how the event is run, the food and beverages served and, in particular, the service format.

The purchasing/logistical costs and the kitchen employees are included in the food and beverage prices.

 

17. X-TRA Event project management (EPM)

The EPM assigned to the project is the organiser’s point of contact for all questions relating to the project, including clarification of requirements, available dates for options, offers for staff and services, planning, implementation and invoicing. The EPM ensures that the contractual services and provisions are complied with. The EPM manages the budget and notifies the organiser if any deviations occur and the organiser’s consent is required for the additional funds to be spent.

On the day of the event, the EPM is responsible from load in (set up/installation) to load out (take down/ disassembly), as well as during the event on site and for the coordination of the interfaces and the organiser.

 

18. Delivery of goods

X-TRA accepts no liability whatsoever for the storage of goods owned by the organiser or its supplier(s). However, it shall treat these goods with the utmost care.

X-TRA shall accept the delivery of goods only when this delivery has been announced by the organiser in the planning phase and the delivery was expressly authorised by both parties. If the organiser requires a careful inspection to be made of the incoming goods, the fee for this shall be reimbursed separately.

X-TRA is liable solely for items taken into its custody against receipt.

Delivery notes for deliveries for the benefit of third parties are not deemed to be custody receipts.  Only our senior management representatives are authorised to sign for custody receipts.

 

19. Waste disposal

Following an event, the organiser may dispose paper and discarded conference materials on the premises of X-TRA. X-TRA reserves the right to charge a fixed disposal fee in the event of large volumes of waste.

 

20. Liability, Damages and Refunds

X-TRA reserves the right to request proof of sufficient liability insurance from the organiser.

Throughout the duration of lease, the organiser is liable for all damages to people and infrastructure as well as all contamination caused by the organiser or a third-party contracted by the organiser. The organiser shall immediately inform X-TRA in writing of any obvious defects in the leased items upon acceptance thereof. The organiser is liable for any damages or loss of operational facilities, furniture or stock that is caused during the event, with X-TRA not being under any obligation to prove the organiser’s culpability, unless the loss or damages can be demonstrated to be the fault of X-TRA employees.

X-TRA is not liable for damages caused by negligent conduct of members of staff employed by the organiser. The stage and the in-house technical systems may only be accessed and operated, respectively, by the X-TRA employees who are directly responsible for the performance. Their instructions shall be followed. The organiser is liable in full for any damages or accidents that occur due to violation of these instructions.

X-TRA accepts no liability for the loss of or damage to facilities, furniture or infrastructure brought by the organiser. The organiser shall arrange for insurance for all materials brought on site.

In the event of failure of any facilities, breakdowns or other events that negatively affect the event in conjunction with the subject matter of the contract or with the additional services provided by X-TRA, X-TRA is liable solely for acts of intent or gross negligence.

Damages are recorded in a damage log to be jointly prepared by X-TRA and the organiser. The log shall be signed by both parties. X-TRA shall repair the damages itself or have the repairs performed by its suppliers. These services are charged to the organiser. If X-TRA has legitimate reason to believe that the event shall endanger the smooth operation of business, the security or the reputation of X-TRA, or that an event will lead to damage to property, personal injury, riots or other related serious problems – including in the event of force majeure – X-TRA may cancel the event without any obligation whatsoever to compensate the organiser.