TERMS

Terms & Conditions

The general terms and conditions of Density Wave — Live Art Documentation. They apply to all quotations, engagements, services and deliverables of the studio, and are referenced on every quotation and invoice. Last revised 25 August 2026.

01 — SCOPE AND APPLICATION

1.1 These Terms and Conditions apply to all quotations, engagements, services and deliverables of Density Wave (“the studio”), the documentation practice of Ivan Cascón Nogueira, enterprise number 1030.314.303, Brussels.

1.2 They apply to documentation services — the recording, structuring and preservation of live and spatial work. The studio documents such work; it does not design it.

1.3 By accepting a quotation, placing an order or instructing the studio, the client accepts these Terms and Conditions.

1.4 Deviations are valid only where agreed in writing. The client’s own general conditions are expressly excluded unless accepted in writing by the studio.

02 — DEFINITIONS

Client — the party engaging the studio.

Engagement — the configured set of services agreed for one project.

Deliverables — the records, files, drawings, reports and packages handed over.

Preservation master — the archival-grade record, held to preservation standards.

Access copy — a derivative made for viewing, circulation or promotion.

Documented work — the performance, installation, exhibition or design being documented.

03 — QUOTATIONS AND ACCEPTANCE

3.1 Quotations are valid for thirty (30) calendar days unless stated otherwise.

3.2 A quotation states the services configured for the engagement. Services not listed are not included.

3.3 The engagement is formed on the client’s written acceptance of the quotation, including acceptance by email.

3.4 Changes of scope after acceptance are agreed in writing and may alter the fee and the schedule.

04 — FEES AND PAYMENT

4.1 Fees are as stated in the accepted quotation, exclusive of expenses.

4.2 Unless agreed otherwise, a deposit of 30% of the fee is payable on confirmation, with the balance payable on delivery or at the premiere.

4.3 Invoices are payable within thirty (30) calendar days of the invoice date unless stated otherwise.

4.4 For business clients holding a Belgian VAT number, invoices are sent by default electronically via the Peppol network in accordance with Belgian legislation. Such clients shall maintain an active Peppol registration. All other clients receive their invoice by email or post. An invoice sent via Peppol is deemed received on the date of dispatch.

4.5 Although the Peppol network increases security, the client must verify the data on the invoice before payment. The studio is not liable for damage resulting from fraud or technical errors at the Peppol access points of the client or of third parties.

4.6 The studio currently operates under the Belgian small-business VAT exemption scheme. Invoices are issued without VAT and carry the corresponding statutory mention.

05 — LATE PAYMENT

5.1 In the event of total or partial non-payment within fourteen (14) calendar days (plus three working days where not sent by electronic means) after the first payment reminder, compensation is due automatically and without notice of default, amounting to: €20 where the amount due is €150 or less; €30 plus 10% of the amount due above €150; €65 plus 5% of the amount due above €500, capped at €2,000 in total.

5.2 In the same circumstances the client owes interest automatically and without notice of default at the statutory rate for late payment in commercial transactions, pursuant to article 5, paragraph 2 of the Law of 2 August 2002 on combating late payment in commercial transactions, calculated on the sum still outstanding.

5.3 Where the client fails to meet its obligations on time, including payment, the studio may suspend further delivery and services and consider the agreement terminated by operation of law and without notice of default.

06 — EXPENSES, TRAVEL AND ACCOMMODATION

6.1 Travel, accommodation, per diem and equipment hire are invoiced separately and are not included in the fee.

6.2 Where the client books travel or accommodation, it does so at its own cost and provides details in reasonable time.

6.3 Once committed, travel and accommodation costs are due in full even where the engagement is subsequently cancelled or postponed.

07 — CANCELLATION AND POSTPONEMENT

7.1 Where the client cancels an engagement, the following applies to the agreed fee: cancellation within 14 calendar days of the agreed start, 100% due; cancellation within 30 calendar days of the agreed start, 50% due; earlier cancellation, any work already performed, invoiced on a pro-rata basis.

7.2 Committed travel and accommodation costs are reimbursed in full in every case under 7.1.

7.3 Postponement is treated as cancellation where new dates cannot be agreed within thirty (30) calendar days, or where the studio is not available on the proposed new dates. Dates held for an engagement are dates declined elsewhere.

08 — CLIENT OBLIGATIONS AND WORKING CONDITIONS

8.1 The client provides timely access to the venue, to rehearsals and to the documented work, and the information the studio reasonably requires.

8.2 The client ensures that agreed crew, power, network access and equipment are available and in working order, and that rest periods and safe working conditions — including for work at height and rigging — comply with applicable local regulations.

8.3 Where the venue or client cannot provide what was agreed, the studio is not liable for the consequences for scope, schedule or quality, and any resulting additional time is chargeable.

8.4 Delays attributable to the client do not relieve the client of payment.

09 — INTELLECTUAL PROPERTY AND LICENCE

9.1 All intellectual property in the deliverables — including recordings, drawings, models, databases, reports and publications — remains vested in the studio.

9.2 On full payment, the client receives a non-exclusive, non-transferable licence to use the deliverables for the purpose and the project stated in the quotation.

9.3 The licence does not extend to: reuse for a revival, remount or new production; transfer to another venue, producer or company; sublicensing or transfer to third parties; commercial exploitation not stated in the quotation; or use as the basis for a derivative work. Each requires prior written agreement and a separate fee.

9.4 Where the client requires broader or exclusive rights, these are agreed and priced separately.

9.5 The studio’s moral rights, including the right of attribution and the right to object to distortion of the work, are reserved and are not transferable.

9.6 The studio retains the right to use the deliverables for its own portfolio, website, applications for funding and professional presentation, subject to clause 11 and to any confidentiality agreed in writing.

9.7 Nothing in these terms transfers rights in the documented work itself, which remain with its own authors and rightsholders.

10 — ATTRIBUTION

10.1 The studio is credited as Density Wave in programmes, press material, posters, catalogues, online listings and any publication or circulation of the deliverables.

10.2 Credit accompanies the deliverables wherever they are shown, including online and in excerpts.

10.3 Failure to credit is a breach of these terms and does not entitle the client to withhold payment.

11 — CONSENT, IMAGE RIGHTS AND PERSONAL DATA

11.1 The client warrants that it holds the necessary consents and rights from performers, contributors, authors and rightsholders for the documented work to be recorded, and for the deliverables to be used as agreed.

11.2 The client indemnifies the studio against claims arising from an absence of such consent.

11.3 Where the studio collects personal data in the course of an engagement, it processes it only for the purposes of that engagement and in accordance with the GDPR.

11.4 Rights documentation is addressed in parallel with the work, not afterwards. Where rights cannot be cleared, the studio may restrict or withhold the affected deliverables, and will say so.

12 — DELIVERABLES, DELIVERY AND RETENTION

12.1 Deliverables are handed over in the formats and to the standards stated in the quotation.

12.2 Preservation masters are held strictly apart from access and promotional copies, and are not interchangeable.

12.3 Deliverables are portable: the client is not locked into the studio’s tools, formats or continued existence.

12.4 The studio retains a copy of the deliverables for a reasonable period but gives no guarantee of indefinite retention. Long-term custody is a service, agreed and priced separately.

12.5 Until paid in full, deliverables remain the property of the studio. Risk passes to the client on delivery.

13 — EQUIPMENT

13.1 Equipment provided by the studio remains its property.

13.2 Where the client or its personnel use, move or take custody of studio equipment, the client is liable for loss and for damage at full replacement value, and shall insure it accordingly.

13.3 Equipment hire is invoiced separately, per day.

14 — CONFIDENTIALITY

14.1 Each party keeps confidential the non-public information of the other obtained in the course of an engagement.

14.2 This does not restrict clause 9.6, save where confidentiality has been agreed in writing.

15 — COMPLAINTS

15.1 The client shall check invoices and deliverables promptly. Any dispute must be made in writing, with reasons, within eight (8) calendar days of the invoice date or of delivery.

15.2 After that period the invoice and the delivery are considered definitively accepted.

15.3 A dispute over part of a delivery does not suspend payment for the remainder.

16 — LIABILITY

16.1 The studio’s total liability under an engagement is limited to the amount of the fee invoiced for that engagement.

16.2 The studio is not liable for indirect or consequential loss, including loss of profit, loss of opportunity, or losses arising from the cancellation or alteration of the documented work.

16.3 The studio is not liable for failure or degradation of documentation caused by conditions outside its control, including refused access, unsafe or non-compliant venue conditions, equipment supplied by others, or alterations to the documented work made without notice.

16.4 Nothing in this clause excludes liability that cannot lawfully be excluded.

17 — FORCE MAJEURE

17.1 Neither party is liable for failure to perform caused by circumstances beyond its reasonable control, including illness, accident, strike, transport failure, venue closure, public-health measures, or the cancellation of the documented work by a third party.

17.2 Where force majeure prevents performance, the parties seek new dates in good faith. Committed costs and work already performed remain due.

18 — SUBSCRIPTIONS AND RECURRING SERVICES

18.1 Recurring services, including long-term data custody, renew automatically unless terminated in writing at least one (1) month before the end of the term.

19 — GOVERNING LAW AND JURISDICTION

19.1 These Terms and Conditions are governed by Belgian law.

19.2 Any dispute falls within the exclusive jurisdiction of the courts of the judicial district of Brussels.

19.3 These Terms and Conditions are drawn up in English. Should translations be provided, the English version prevails in the event of conflict.

19.4 The invalidity of any provision does not affect the validity of the remainder.

Density Wave · Live Art Documentation · Brussels — hello@densitywave.xyz