Policies

Article 1 Scope of application

1. These General Terms and Conditions shall apply to the leasing of meeting and conference rooms in the ZEISS Forum of Carl Zeiss AG at the Oberkochen site for events and all associated services and deliveries.
2. Deviating provisions, even if contained in the contractual partner’s General Terms and Conditions, shall not apply unless they are expressly recognized in writing by Carl Zeiss AG.

Article 2 Signing of the lease agreement

1. In order to be effective, all agreements with Carl Zeiss AG in connection with the use of these facilities require the conclusion of a written lease agreement. To this end, the party interested in leasing the facilities shall be supplied with a written quotation by Carl Zeiss AG. The lessee accepts the quotation by signing and returning it. The agreement shall take effect once the signed lease agreement has been received by Carl Zeiss AG.
2. A legal relationship regarding the respective event exists exclusively between the lessee and Carl Zeiss AG. If the lessee and the event organizer are not one and the same party, both shall be liable as co-debtors.
3. The leased rooms may only be subleased with the permission of Carl Zeiss AG.

Article 3 Object of the lease

1. The conference room together with facilities which is the subject of the lease agreement shall be loaned to the lessee in proper condition for the duration of the leasing period at the agreed price. Carl Zeiss AG reserves the right to assign a different room in the conference center to the lessee as a replacement.
2. Provided the lessee does not lodge a complaint upon taking over the room, the room shall be deemed to have been taken over without objection. Complaints may not be lodged subsequently.
3. Carl Zeiss AG reserves the right to demand from the lessee that both parties carry out a joint room inspection prior to the beginning and following the end of the lease period.
4. The assembly, execution and deassembly of the event must be carried out in coordination with Carl Zeiss AG. The lessee must uphold the applicable legal stipulations, in particular the regulations on places of assembly (German: VStättVO) and accident prevention and fire protection stipulations. The lessee bears sole responsibility for the orderly execution of the event, the fulfillment of reporting obligations and the upholding of all legal provisions and official ordinances. If necessary, he must arrange for the inspection by the authority or establishment responsible at his expense.

Article 4 Catering

1. Catering shall not be covered within the scope of the lease agreement.
2. The lessee may not bring food or drink to events. In accordance with the appropriate commissioning by the lessee, catering shall be undertaken by a caterer selected by Carl Zeiss AG.
3. However, the lessee may also contract the services of a caterer of its own choosing. In this case, the catering equipment must be provided by the external caterer.

Article 5 Rent

1. The rent stated in the lease agreement shall be definitive. It includes the costs for air conditioning, general room lighting, standard cleaning and use of the conference technology which is denoted as free of charge in the confirmation of the reservation.
2. The final balance comprises the rent and the costs for other additional services availed of, especially use of the conference technology which is denoted as subject to a fee in the reservation confirmation plus statutory VAT at the respective current rate. It shall be due for payment in full within 10 days of the invoice date. In all other cases, Carl Zeiss AG may demand an advance payment up to the amount of the estimated final balance at any time. If the agreed lease period is exceeded, the rent for the actual time period and actual additional expenditures for every extra full or partial hour will be added to the invoice in accordance with the current price list.
3. If payment is delayed, interest on delayed payments to the tune of 5% above the basic interest rate will be paid from the due date.

Article 6 Withdrawal from the agreement

1. Carl Zeiss AG shall be authorized to withdraw from the agreement if:
   a) the lessee fails to meet or to meet on time a contractually agreed payment obligation,
   b) there are fears of a disruption to public safety and order, a disturbance of the business operations of ZEISS or damage to the reputation of the ZEISS Group due to the intended
   event or the preparatory measures for the event,
   c) evidence of a required liability insurance was not provided by the specified deadline or a required safety measure was not carried out within the defined timeframe,
   d) proof of officially/legally required notifications or approvals is not provided or official obligations/approvals are infringed upon,
   e) the purpose of use is substantially changed without the approval of Carl Zeiss AG,
   f) legal provisions relating to the safety of the event are breached. In the event of the aforementioned withdrawal, Carl Zeiss AG reserves the right to pay the agreed fees minus the non-incurred expenses. Claims for damages against Carl Zeiss AG shall be excluded.
2. Carl Zeiss AG shall also be entitled to withdraw from the agreement if the object of the lease agreement cannot be made available due to force majeure or if the facilities are urgently needed for an important unforeseen reason. In the latter case, ZEISS will endeavor to offer corresponding alternative rooms. In the event of the above-mentioned cancellation, no claims for damages may be made against ZEISS.
3. If the lessee withdraws from the agreement, the following stipulations shall apply:
   a) no cancellation costs shall apply from the effective date of the lease agreement to 14 days prior to commencement of the event.
   b) within the last 14 days prior to commencement of the event, cancellation fees amounting to 50% of the contractually agreed total shall apply.
   c) within the last 7 days prior to commencement of the event, cancellation fees amounting to 100% of the contractually agreed total shall apply. The lessee shall have the right to prove that Carl Zeiss AG incurred no damages or only minor damages. If significant damages are incurred by Carl Zeiss AG, Carl Zeiss AG shall reserve the right to claim for damages for a corresponding amount.
4. Each withdrawal or cancellation must be submitted in writing and must be received by the other contractual party within the defined periods. In urgent cases, the withdrawal can also be declared verbally either in person or by telephone. However, this verbal declaration of withdrawal from the agreement shall only be deemed valid if the withdrawing party subsequently supplies a written withdrawal within three calendar days.

Article 7 Liability

1. In accordance with legal stipulations and contractual agreements, the lessee shall be liable for material and personal damages including any consequential damages (property damage) which is caused during the leasing period by the lessee himself or his employees, contractors, visitors or other third parties. The lessee shall release Carl Zeiss AG from all claims for damages which could be made by third parties against Carl Zeiss AG in connection with the event.
2. Carl Zeiss AG shall not accept liability for items brought onto the leased premises by the lessee or its contractors or visitors. The lessee shall be obligated to clean the object of the lease following expiry of the lease period and to return all associated equipment in its original condition. Carl Zeiss AG shall be authorized to have cleaning or repair work done at the lessee’s expense.
3. Carl Zeiss AG shall only be liable for damages that are based on defective condition of the object of the lease or negligent failure to meet the obligations it undertook. For failures of any facilities and operational disruptions or other events that limit the use of the object of the lease, Carl Zeiss AG shall only be liable in the case of intent or gross negligence.
4. The lessee must provide written evidence that it has taken out liability insurance if Carl Zeiss AG demands that it do so.
5. The lessee shall be subject to an obligation to maintain the safety of the premises in the leased rooms during the leasing period.
6. Carl Zeiss AG shall not accept any liability for goods left in the cloakroom.

Article 8 Hanging of decorations

1. In order to prevent damage to the walls, the hanging of decorative materials or other objects must be approved beforehand with Carl Zeiss AG. The lessee shall accept liability for ensuring that decorative materials, in particular, fulfill the fire safety requirements; in cases of doubt, Carl Zeiss AG may demand that confirmation be provided by the fire safety authority responsible.
2. The lessee must remove decorative materials and other objects immediately after the event has ended. If he fails to do so, Carl Zeiss AG may carry out the removal at the lessee’s expense.

Article 9 Domiciliary right

Contractors of Carl Zeiss AG shall be granted access to the object of the lease at all times. The instructions issued by staff of Carl Zeiss AG must be complied with. Otherwise, house rules and terms of use shall apply.

Article 10 Advertising

References to the conference center and Carl Zeiss AG in programs or invitations must be approved by Carl Zeiss AG with respect to both their design and content in good time prior to the event; the logo and brand name of Carl Zeiss AG and of the conference center may only be used after Carl Zeiss AG has agreed to this and may neither be changed nor used in combination with other signs.

Article 11 Subsidiary agreements and place of jurisdiction

1. The General Terms and Conditions set out above are an integral part of the lease agreement.
2. Subsidiary agreements, amendments and additions to the lease agreement shall not be valid unless made in writing.
3. If one or several provisions of these General Terms and Conditions is deemed void, this shall not affect the remaining provisions.
4. The place of performance and jurisdiction shall be Oberkochen.
   

Article 1 Principles

Carl Zeiss AG and persons authorized by Carl Zeiss AG will enforce these regulations at any time. Instructions issued by Carl Zeiss AG and third parties authorized by Carl Zeiss AG must be obeyed. In the context of the enforcement of these Regulations for Use, free access to the premises must always be given to Carl Zeiss AG and third parties authorized by Carl Zeiss AG at all times.

Article 2 Technical installations and equipment

The technical equipment and installations must only be operated by Carl Zeiss AG staff. Making connections to the lighting or power circuits independently of Carl Zeiss AG staff is expressly prohibited.

Article 3 Provision of tables and chairs

The official plans of the hall are definitive for the arrangement of the halls and rooms (table and chair layout plans).

Article 4 Duration of events

Unless otherwise agreed in the user contract or otherwise expressly agreed elsewhere with Carl Zeiss AG, the premises will be open in accordance with the event times notified to and approved by Carl Zeiss AG. The duration of the event is deemed to be the period of time between the opening and the closing of the premises which are used. The Lessee must ensure that the event finishes at the point in time specified in the user contract and that the premises are vacated in line with the agreed dates and times. Carl Zeiss will make the premises available in a clean and tidy condition and the premises must be handed back in a clean and tidy condition unless provided otherwise in the service contract.

Article 5 Provisions related to safety, statutory and police requirements

1. The Lessee must undertake all measures relating to safety and observe police regulations and the regulations of public authorities. The various arrangements of chairs approved by public authorities must be observed under all circumstances.
2. The Lessor must ensure that the gangways between the rows of tables and chairs and particularly the gangways leading to the exits and escape routes are not blocked. The exits and emergency exits must be kept free from all obstructions and must be unlocked during the event.
3. Emergency lighting, fire extinguishers, light switches and electric plugs must not be obstructed by exhibition stands, furniture or other goods and must not be covered by decorations or scenery etc.
4. The use of open fires and lights or materials which are particularly combustible, mineral oils, ethyl alcohol as well as liquefied or compressed gases is not permitted. The use of fireworks and any pyrotechnical products is prohibited.
5. Unless expressly agreed otherwise, cooking is strictly prohibited in all the rooms (especially in the back-stage area) irrespective of the cooking equipment. In so far as agreed otherwise, cooking is permitted only in and with the equipment provided for this purpose.
6. Smoking is not permitted in all the rooms and also in the outdoor area of the Carl Zeiss AG site. Separate smoking areas are identified in the outdoor area.
7. The fire service and police regulations must be observed in detail. A fire officer from the Plant Fire Service will be provided as required for the premises and invoiced to the Lessee.
8. The Lessee is responsible for absolute compliance with the Places of Assembly Regulation (Versammlungsstättenverordnung) as amended.
9. The Lessee must particularly comply with the Act for Observance of Sundays and Holidays (Gesetz zum Schutz der Sonn- und Feiertage) and for compliance with the time after which alcoholic drinks must not be served.

Article 6 Decoration

1. Decorations, installations, exhibits and illuminated advertisements, vending machines, display cases, company signs etc. must only be installed or affixed with the consent of Carl Zeiss AG. Affixing items to the walls or painting the internal or external walls, the floor or other facilities is not permitted.
2. Decorative items which are repeatedly used must be checked for their fire resistance before their re-use and re-impregnated if necessary.
3. Decorations of all kinds must remain at a distance of at least 50 cm from the floor. Decoration to the stage and scenery are not included in this provision. Decorative items made of paper must only be installed if they are outside the reach of visitors. They must be so far from lights and radiators that they cannot ignite.
4. Paper streamers, items which are to be thrown etc., in so far as such items are used at all, must also be rendered flame-resistant by suitable impregnation. Felled trees and branches and parts of plants may only be used if green. The cladding of individual walls or ceilings with easily flammable materials and the creation of closed sections from such materials is not permitted.

Article 7 Visitors' cloakroom

1. Cloakroom services (visitors' cloak room) will be provided by the Lessee unless it is agreed in the user contract that the cloak room service will be provided as a supplementary service by Carl Zeiss AG.
2. Carl Zeiss AG accepts no liability for items deposited in the cloakroom.
3. The Lessee or organizer must ensure that no heavy cloakroom items, sticks and umbrellas (with the exception of walking frames for handicapped persons) are taken into the halls and rooms.

Article 8 Musical instruments and furnishings

Musical instruments and furnishings already in the premises must be treated with care. Musical instruments may only be tuned by experts appointed for this purpose by Carl Zeiss AG.

Article 9 Catering

Catering will be as agreed with the parties (self-catering, partial self-catering, full-service catering by external caterers). Notwithstanding the above agreement between the parties, the Lessee himself may only provide or bring food, drink, refreshments or similar in/into the premises with the prior written consent of Carl Zeiss AG. In so far as the Lessee himself brings or offers food, drink, refreshments or similar into/in the premises in accordance with the above provisions, the Lessee must ensure compliance with the regulations in respect of bars, food and drink and the protection of minors and obtain any permits which may be necessary under public law at his own expense. If partial or full external catering services should be required by the Lessee, an offer will be provided to the Lessee by Gusto Gourmet in response to an inquiry from the Lessee. Catering, party or other services from a provider other than Gusto Gourmet must only be used with the prior written consent of Carl Zeiss AG. This also applies to catering for artistes and persons accompanying artistes.

Article 10 Noise abatement

For reasons of noise abatement, at the present time the noise level during events must not exceed 85 decibels. If this noise level should be exceeded, Carl Zeiss AG reserves the right to discontinue the event. The Lessee will meet any claims for compensation arising therefrom.

Article 11 Animals

Without the prior written consent of Carl Zeiss AG, animals must not be brought into the premises or other buildings / the site of Carl Zeiss AG.

Article 12 Motor vehicles

Motor vehicles and two-wheeled vehicles (whether motorized or not) may only be parked in the parking places provided and indicated.

Article 13 Exclusions

Unless agreed in writing elsewhere on a case-by-case basis, disco, carnival and party events with pornographic references and events of competitors of Carl Zeiss AG are excluded.

Article 1 Persons authorized to be present

1. Only persons needed for the immediate course of the event may be present in the stage area, the dressing rooms, and the control room. All other persons are prohibited from entering and loitering in the stage area.
2. A member of the staff of Carl Zeiss AG must be present during rehearsals, performances, and the installation and removal of scenery.

Article 2 Stage instructions

The organizer undertakes to submit a set of Stage Instructions containing all installation directions to the Management of Carl Zeiss AG three weeks before the commencement of the event.

Article 3 Police an fire service requirements

1. Smoking and the use of open fires and pyrotechnical products is strictly prohibited on the stage. In special cases permission may be obtained from the relevant Business Area at least three weeks in advance.
2. Scenery, backdrops, and decorative items made from combustible material (wood, paper, fabric, etc.) must be rendered flame-resistant by impregnation. If it is found during an inspection that the scenery items do not meet these requirements, they may not be installed or used.
3. Access to the stage, the emergency exits, routes to entrances and exits, all doors, the staircase, the equipment for summoning the fire brigade, fire alarms, and fire extinguishers must be kept free. All items brought into the premises must be removed after the event.
4. Orders issued by the technical staff of Carl Zeiss AG must be followed in all cases. In the event of negligent conduct, the use of the stage may be prohibited by the technical staff of Carl Zeiss AG or the fire safety staff.

Article 4 Fees of the "GESELLSCHAFT FÜR MUSIKALISCHEAUFFÜHRUNGS- UND MECHANISCHE VERVIELFÄLTIGUNGSRECHTE (GEMA)"

1. Prompt notification to GEMA of works subject to GEMA fees and the payment of GEMA fees on the due date of payment is the exclusive responsibility of the organizer.
   Carl Zeiss AG may, in good time prior to the event, require from the organizer written evidence of the notifications of the event to GEMA, written evidence of the payment of GEMA fees and/or written evidence of the rendering of an invoice by GEMA to the organizer. In so far as the organizer is not able or unwilling to provide the evidence required in sentence 1, as security for the organizer's right of recourse, Carl Zeiss AG may require furnishment of a security by the submission of a bond from the organizer for which a credit institution is liable as a principal: this bond must be for the likely amount of the applicable GEMA fees.
2. Verification of the nature and method of the payment of the GEMA fees, any furnishment of a bond by the organizer and the form of the verification in accordance with paragraph 1 may be governed separately by the service contract or subsequently in a supplementary written agreement.
3. The organizer irrevocably acknowledges that, within the meaning of §§ 81 and 97 of the German Copyright Act (Urheberrechtsgesetz), he/she is the sole organizer of the event which underlies the hire. With regard to the GEMA fees which are due, the organizer irrevocably holds Carl Zeiss AG harmless from all claims and third-party claims. This also applies to all costs of bringing an action in respect of this matter.
4. If the organizer fails to comply with his/her obligations to provide evidence or furnish a security as set out in paragraphs 1 or 2 or fails to comply within the time period allowed, this entitles Carl Zeiss AG, after previously setting a grace period with a threat of refusal of performance, to withdraw from the contract and to demand compensation.

Article 5 Property of Carl Zeiss AG

The fittings, e.g., curtains, spotlights, microphones, cables, etc., which are the property of Carl Zeiss AG may not be modified by the organizer or by the artists involved in the event. The technical equipment (lighting, sound equipment, stage management console, stage podium, and scenery hoists) will be operated only by staff of Carl Zeiss AG or trained specialist stagehands.

Article 6 Movable equipment which can be walked on

Movable equipment which can be walked on, e.g., runways or bridges more than one meter above the floor of the stage, must have suitable equipment to prevent persons and objects from falling.

Article 7 Suspended items

All suspended items over three meters wide must be suspended by a minimum of four ropes. Suspended scenery must be secured against becoming unsupported.

Article 8 Items which are not self-supporting

Items and scenery which are not erected such that they are self-supporting must also be suspended from above or secured by supports from the side.

Article 9 Weapons and glass

Weapons with sharp edges, blades, and points as well as armed weapons must not be used, and glass must only be used in scenery, e.g., windows, at a height of more than two meters above the floor.

Article 10 Construction of artistic devices

The construction of artistic devices must only be undertaken by the artists themselves or persons engaged by them.

Article 11  Electric regulations

1. Specification VDE 0108 of the German Association for Electrical, Electronic & Information Technologies (VDE) is definitive for the supplementary erection and operation of electrical equipment on the stage.
2. If electrical equipment is connected to the plugs on the stage, cables in perfect condition with earth/ground conductors must be used. Only one cable must be connected to one plug. The installation of temporary cables with unsuitable conductive material is prohibited.
   
   
3. The existing plugs on the stage must not be dismantled, reconnected or tapped to their connecting screws.

Article 12 Alterations on the stage

If nevertheless alterations have to be made to the stage for performance reasons which are in conflict with these requirements in one way or another, they may only be made in agreement with the Managing Director or the on-site technician.

Article 13 Legal requirements

The regulations of the Ministry of Traffic and Infrastructure on the construction and operation of places of assembly (the Places of Assembly Regulation: Versammlungsstättenverordnung – VStättVO) and the legal accident regulations as amended and applicable at the time of the event must be followed in all details. Stage users are liable for their own safety, particularly in the event of any risks of falling from the stage, any ramps on the stage and the proscenium stage, etc.