Creative Spaces Terms & Conditions

Preamble

The present Creative Spaces Terms and Conditions (the "Terms") govern access to and use of the rehearsal rooms, recording rooms, performance spaces (Lab, Club) and any other creative space (each, a "Room") made available for Rocklab activities, operated by the CMA – Centre de Musiques Amplifiées (établissement public), whose registered office is located at 5, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette, Luxembourg (the "CMA"), regardless of whether the access is requested or booked through the Rocklab One membership portal (the "Portal") or otherwise. The Rooms and related Rocklab activities are operated by the CMA under the Rocklab brand.

The present Terms are completed by the following documents, which form an integral part of the contractual relationship between the Member and the CMA:

• the Portal Terms and Conditions;
• Rocklab’s Code of Conduct;
• the Privacy Policy

and any specific safety, technical or operational instructions communicated by the staff of the CMA or displayed in the relevant Room.

By submitting a booking request or subscription application, the Member (also referred to as the "Applicant") acknowledges having read and accepted the present Terms and the documents referred to above.

Terms capitalised but not defined herein have the meaning given to them in the Portal Terms and Conditions.

The Creative Spaces Terms and Conditions are currently provided in English. The English version prevails in case of any difference of interpretation with any translation made available subsequently, subject to mandatory consumer-protective rules in the Member's country of residence.

I. Scope and Eligibility

The present Terms apply to the rehearsal rooms, the Lab, the Club and any other creative space made available for Rocklab activities. Access takes one of the following forms:

Rehearsal room subscription – a recurring right of use of a rehearsal or recording room for one (1), three (3), six (6) or twelve (12) months, subject to the application and approval process in section II. Once active, the subscription gives the Member access to the rehearsal-room booking tool of the Portal, through which slots are reserved in accordance with section IV.

Lab or Club availability request – a non-binding request for the use of a performance space (Lab or Club), subject to discretionary approval by the CMA. Where approved, the date and conditions of the booking are agreed in writing between the Member and the CMA, in accordance with section IV.

Bookings of a Room are reserved to active Local Members of the Portal who have reached the age of majority (eighteen (18) years), completed account verification and provided accurate identity, contact and (where applicable) project information. The CMA may request additional supporting documents at any stage. The membership categories of the Portal, including the definition of Local Member, are set out in section II.2 of the Portal Terms and Conditions. Each Room is subject to specific access rules (project type, equipment, capacity, opening hours), and the CMA may refuse, restrict or condition access where the proposed use is incompatible with these rules, the technical specifications of the Room, safety, or operational priorities of the CMA.

Continuing eligibility. The Applicant – or, where the application is made on behalf of a project (band, collective or other group), at least one identified member of the project – shall remain a Local Member throughout the application, the booking and (where applicable) the subscription term. The Applicant shall inform the CMA without delay of any change of personal status or project composition affecting compliance. Where this requirement ceases to be met during an active subscription, the subscription continues until its scheduled end but shall not be renewed; any individual booking already confirmed remains valid until performed. Until the requirement is met again, no new application or booking on behalf of the same Member or project shall be accepted.

The Rooms are shared between several Members, projects and activities of the CMA, and are not reserved for the exclusive use of a single Member or project save where expressly agreed. Availability is subject to slot availability and, where relevant, to the technical assistance required.

II. Room Subscription – Application and Approval

II.1 Submission of an Application

The Applicant submits a subscription application via the Portal. The application must include accurate and complete information on the project, in particular: the designated contact person (with date of birth and nationality), the project members, the project type and description, recording sessions and release timeline (where applicable), planned tours or concerts, previous projects, preferred time slots, requested duration and preferred start date.

The Applicant warrants the accuracy of the information submitted and undertakes to inform the CMA without delay of any change during the subscription term. False, misleading or materially incomplete information may justify immediate rejection of the application or termination of any resulting subscription, without compensation.

II.2 Review and Decision

Applications are reviewed by the CMA on the basis of criteria including the artistic relevance of the project, operational fit with the requested Room, activity level and stage of development, balance of use across the Member community, and availability of slots. The CMA's decision is discretionary and is communicated to the Applicant by e-mail and through the Portal within an indicative period of four (4) weeks from the closing of the relevant application window.

Where an application is rejected, the CMA communicates a reason through the Portal. Rejection does not prevent the Applicant from submitting a new application in a subsequent window.

II.3 Subscription Term and Renewal

A subscription is granted for the term selected and approved (one (1), three (3), six (6) or twelve (12) months). The subscription is not automatically renewed: at the end of the term, a new application must be submitted under section II.1. The CMA may, on a discretionary basis, propose a streamlined renewal procedure to subscribers in good standing.

II.4 Personal and Non-Transferable Right

The right of use granted under a subscription is personal to the project as described in the application. It may not be transferred, sublet, lent, sold or otherwise made available to a third party, including other Portal Members, without the prior express written consent of the CMA. Any unauthorised transfer constitutes a serious breach justifying immediate termination of the subscription without refund.

Where the application is submitted on behalf of a project, the Applicant confirms having been duly designated by the project members, acts as the contact person of the project towards the CMA, and has informed the other project members of these Terms and of the Code of Conduct, with which all project members must comply. The obligations of the Applicant under these Terms extend to all project members and to any person admitted to a Room under the Applicant's responsibility.

II.5 Review Meeting

For each subscription of a duration equal to or greater than six (6) months, the CMA may invite the Applicant (and, where applicable, the other identified project members) to an annual meeting for the purposes of information, review of the use of the Room and orientation. The date is agreed between the parties. Unjustified absence from two successive invitations reasonably spaced in time may, alongside any other available remedy, result in the termination of the subscription for cause under section XII, without refund of sums already paid for the current term.

III. Right of Withdrawal of the Consumer

Under Articles L.222-9 et seq. of the Luxembourg Consumer Code, where the Member acts as a consumer and enters into a distance or off-premises contract, the Member benefits in principle from a fourteen (14) calendar-day period from the conclusion of the contract to withdraw without giving any reason and without incurring any costs other than those provided by law.

For rehearsal-room subscriptions, the subscription contract is deemed concluded upon confirmation of payment by the CMA.

III.1 Exercise. To exercise the right of withdrawal, the consumer Member must, before the expiry of the fourteen-day withdrawal period, notify CMA of their decision to withdraw by means of an unequivocal statement sent by of their decision by e-mail to rocklab@rockhal.lu or by registered letter to the address in the Contact section below. The consumer Member may use the model withdrawal form included at the end of these Terms, as set out in Article R.222-2 of the Luxembourg Consumer Code, but this is not mandatory.

III.2 Effects. Where the right is validly exercised, the CMA shall reimburse all sums paid by the consumer Member, without undue delay and within fourteen (14) days from the day the CMA was informed of the decision, using the same means of payment as for the initial transaction.

Where section III.3 applies, the reimbursement may be reduced by the proportionate amount due for the service provided before withdrawal.

III.3 Service started before the end of the period. Unless the consumer Member expressly requests that the rehearsal-room subscription starts before the expiry of the withdrawal period, the subscription shall start only after the expiry of the fourteen (14) calendar-day withdrawal period. In that case, the full duration of the subscription purchased by the Member runs as from the date on which it starts, and is not reduced by the period during which the subscription was not yet active.

Where the consumer Member expressly requests that the rehearsal-room subscription, giving access to the rehearsal-room booking tool, starts before the expiry of the withdrawal period, the consumer Member acknowledges that they will lose the right of withdrawal only once the service has been fully performed, in accordance with Article L.222-9(7)(a) of the Luxembourg Consumer Code.

If the consumer Member exercises the right of withdrawal after the subscription has started but before the service has been fully performed, the CMA may deduct from the reimbursement an amount proportionate to the service provided up to the time at which the consumer Member informed the CMA of the exercise of the right of withdrawal, in accordance with Article L.222-10(6) of the Luxembourg Consumer Code. For rehearsal-room subscriptions, this amount shall be calculated pro rata temporis on the basis of the total price of the subscription.

III.4 Statutory exceptions.

The right of withdrawal does not apply in the cases provided for by Article L.222-9(7) of the Luxembourg Consumer Code. In particular, pursuant to Article L.222-9(7)(l), the right of withdrawal may be excluded for services related to leisure activities where the contract provides for a specific date or period of performance as is the case to ticketing for events on a specific date as governed by the Ticketing Terms and Conditions. Where CMA invokes this exception, the consumer Member must be informed, prior to the conclusion of the contract, of the absence of a right of withdrawal, in accordance with Article L.222-3(1)(j) of the Luxembourg Consumer Code and, where applicable, Article L.222-6(1)(k).

IV. Booking Mechanics

For rehearsal rooms, a Member holding an active subscription may book individual slots through the Portal booking tool in accordance with the Room's published availability and access rules. Slots range from two (2) to six (6) hours. An individual booking is firm and binding upon confirmation by the Portal.

For the Lab and the Club, the Member submits an availability request through the Portal. The request gives rise to no right of use until expressly confirmed in writing by the CMA, which may approve, refuse, or propose alternative dates, times or formats. Following approval, the date and any specific conditions are agreed in writing between the Member and the CMA.

The provision of the Lab and the Club through the Portal is reserved for the preparation and rehearsal of concerts. It does not authorise the organisation of any event with public admission, for which a separate agreement with the CMA is required.

V. Pricing, Invoicing and Payment

V.1 Pricing

Prices for each subscription duration are displayed on the Portal at the time of application or booking, quoted in euros, all taxes included (TTC). The applicable price is the price displayed at the time the application or booking is submitted; for Lab or Club bookings, the applicable price is the price agreed in writing between the Member and the CMA at the time the booking is confirmed.

V.2 Invoicing and payment - subscriptions

Where a subscription application is approved, a payment link is made available to the Member through the Portal. Payment is due within fourteen (14) calendar days. Upon receipt of payment, the subscription becomes active in accordance with section III, and the Member is granted access to the rehearsal-room booking tool for the duration of the subscription, counted from the date on which the subscription becomes active under that section.

Where payment is not received within the fourteen-day period, the approved application expires automatically and a new application must be submitted under section II.

V.3 Invoicing and payment – Lab and Club

Where an availability request for the Lab or the Club is approved, the date is agreed in writing and the CMA issues an invoice. Payment is due within fourteen (14) calendar days of the invoice date. Beyond this period, the CMA may apply default interest at the legal rate applicable in Luxembourg from the day following the due date until full payment is received.

VI. Cancellation, Modification and No-show policy

VI.1 Cancellation by the Member – Subscription

An approved subscription may be cancelled by the Member by written notice through the Portal or by e-mail to the address in the Contact section below, without prejudice to the right of withdrawal in section III. Save in case of force majeure, exercise of the right of withdrawal, or another arrangement expressly agreed by the CMA, sums already paid for the current term remain non-refundable. Where payment is in instalments, instalments not yet due may be waived at the discretion of the CMA where the cancellation is justified. Failure to use the Room during the subscription term does not entitle the Member to a refund or reduction, nor release the Member from the obligation to pay the contractual fees for the full term. Where a prolonged illness or another unforeseen event of comparable gravity prevents the Member from making reasonable use of the subscription, the parties may agree on a suspension, an extension or another appropriate adjustment, on submission of a request to the CMA without undue delay with reasonable supporting evidence.

VI.2 Cancellation by the Member of an individual booking – rehearsal rooms

The Member may cancel an individual booking of a rehearsal-room slot through the Portal booking tool at any time before the start of the slot, free of charge. The consequences of failing to attend a booked slot without prior cancellation are set out in section VI.4.

VI.3 Cancellation by the Member of a confirmed booking – Lab and Club

Where a confirmed booking of the Lab or the Club has been agreed between the Member and the CMA, the Member shall use reasonable efforts to inform the CMA, as soon as possible and in any event before the start of the booking, of any circumstance that may affect the use of the space (cancellation, postponement, or change of scope). Such notification shall be sent by e-mail to rocklab@rockhal.lu rather than through the Portal.

VI.4 No-shows and under-use – rehearsal rooms

Where the Member, during the term of the subscription, accumulates three (3) occurrences of any of the following, the CMA may terminate the subscription with immediate effect in accordance with section XII, without refund of sums already paid for the current term:

• failure to attend a booked rehearsal-room slot without prior cancellation through the Portal booking tool (no-show); or
• effective use of a Room for substantially less than the booked duration during a slot, the use being considered substantially insufficient where:
  • for a slot of two (2) to three (3) hours, the Member uses the Room for less than fifty per cent (50%) of the booked duration;
  • for a slot of more than three (3) and up to six (6) hours, the Member uses the Room for less than seventy-five per cent (75%) of the booked duration.

Effective use is determined on the basis of the check-in and check-out records of the Portal or, in the absence of such records, on the basis of observation by CMA staff. Justified absences (in particular illness or force majeure, evidenced upon request) are not counted.

VI.5 No-shows – Lab and Club

Where the Member fails to attend a confirmed Lab or Club booking without prior notification under section VI.3, the Member shall be liable for the real costs reasonably incurred by the CMA in respect of the booking, including the cost of making the space available, technical and operational staff mobilised, and any consumables. The total amount invoiced shall not exceed the price agreed for the booking plus any non-recoverable third-party costs documented by the CMA, and shall be accompanied by a detailed cost breakdown. The non-attendance may also give rise to the suspension or termination of the Rocklab membership and of any active subscription under section XII.

VI.6 Modification or cancellation by the CMA – Rehearsal Rooms

The CMA may cancel, postpone or relocate any rehearsal-room slot, or suspend access to one or more Rooms for a defined period, for operational, organisational, programming, technical or safety reasons – including use of the Rooms for activities organised by the CMA itself (songwriting camps, masterclasses, rehearsals connected to the venue's own programming). The CMA shall notify affected Members in due time. No refund, credit or other compensation is due in respect of slots cancelled, postponed or relocated under this clause; where reasonably possible, the CMA may propose an alternative slot, without obligation to do so.

VI.7 Modification or cancellation by the CMA – Lab and Club

The CMA reserves the right to cancel, postpone or relocate a confirmed Lab or Club booking for safety, technical, operational or programming reasons. Where such cancellation or modification is notified:

• more than forty-eight (48) hours before the start of the booking: the CMA shall propose an alternative slot, to be agreed between the parties;
• less than forty-eight (48) hours before the start of the booking: the Member may choose, at their option, between an alternative slot to be agreed with the CMA and a refund of the sums paid in respect of the affected booking.

VII. Check-In, Access and Identification

Access to a Room is conditional upon check-in, which may be operated through the Portal (QR code, mobile confirmation) and/or by CMA staff.

The number of persons admitted to a Room shall not exceed the capacity indicated for that Room. The Member is responsible for the conduct of all persons whom they admit or invite to the Room and undertakes to ensure that those persons comply with the present Terms and with the Code of Conduct. The Member shall communicate to the Rocklab Team, in advance of the slot, the identity of each person they intend to admit or invite to a Room and shall ensure that each such person checks in with the security staff upon arrival.

VIII. Use of the Room

The Member undertakes to use the Room and its equipment as a prudent and diligent user, in accordance with the Code of Conduct, the technical instructions of the equipment and the directions of CMA staff. The following obligations apply:

• Use the Room solely for the purpose authorised by the booking or the subscription, and only during the time slot allocated.
• Refrain from accessing or using equipment, areas or services not included in the booking.
• Comply with all applicable health, safety, hygiene and accessibility rules, including any specific instructions communicated by CMA staff.
• Comply with all applicable rules regarding noise, sound levels and the protection of hearing.
• Refrain from smoking, vaping or consuming any illegal substance on the premises.
• Refrain from any conduct prohibited by the Code of Conduct, including any harassment, discrimination or violence against other users, staff or visitors.
• Leave the Room clean and tidy at the end of the slot, and dispose of waste in the bins provided.
• Report immediately to Rocklab staff any damage, malfunction or incident; where the report is made verbally, the Member shall confirm it without undue delay by e-mail to rocklab@rockhal.lu.
• Refrain from bringing onto the premises any equipment, material or substance which may damage the Room, present a safety risk or contravene applicable law.

The Member shall refrain from bringing, using or storing on the premises any illegal substance or any illegal item.

Unless otherwise specified on the Portal or communicated by the CMA, the rehearsal rooms are accessible from 10:00 to 23:00. Access outside these hours is subject to prior authorisation from the CMA.

The Member acknowledges that excessive sound levels may cause hearing damage and is solely responsible for the choice of sound levels inside the Room and for the consequences of exposure within it. The CMA may require a reduction of sound levels.

The Member shall not leave personal belongings, instruments or other items in a Room or on the Rocklab premises outside their allocated time slot, save under a dedicated storage arrangement put in place with the CMA as follows.

Storage arrangements. On written request and subject to the CMA's assessment of need and availability, the CMA may make available either: (i) a personal locker, against payment; or (ii) a designated storage area within a Room. Any such arrangement is governed by a separate written agreement setting out the form (locker or area), location, duration, price (where applicable) and any specific conditions of use.

The Member shall keep the storage clean and in good order, and shall not store within it any perishable item, food or beverage, illegal substance or item, or item presenting a safety risk – including loose batteries, flammable or hazardous chemicals, and weapons. The CMA may, on reasonable prior notice or, in case of imminent safety risk, immediately, inspect the storage and remove any item contravening these Terms or applicable law.

Items kept under a storage arrangement remain the responsibility of the Member. The CMA accepts no liability for loss, theft or deterioration of stored items, save in cases of proven gross negligence (faute lourde) or wilful misconduct attributable to the CMA.

At the expiry or termination of the storage arrangement, the Member shall clear the storage within fourteen (14) calendar days. Items not collected may, after an unanswered reminder, be removed by the CMA, stored for a further sixty (60) calendar days and, failing collection, disposed of at the Member's expense.

IX. Equipment, Damage and Liability of the Member

Equipment in the Rooms remains the exclusive property of the CMA. The Member acquires no right of ownership by reason of the booking or the subscription. Equipment must be used solely within the Room in which it is installed and must not be removed from the premises.

The Member is liable for damage caused to the Room, to its furnishings, to its equipment or to any other premises or property of the CMA where caused by the fault of the Member or by a person admitted by the Member, in accordance with Articles 1382 et seq. of the Luxembourg Civil Code. Liability arises whether the damage is caused intentionally, by negligence or by misuse, and covers the reasonable costs of repair, replacement or cleaning. The Member is not liable for damage caused by a latent defect (vice caché) of the equipment, by an exterior cause beyond the Member's control, or by a third party not admitted by the Member to the Room.

Procedure for damage assessment. Where the CMA observes damage at the end of a booking, the CMA shall notify the Member in writing without undue delay, identifying the damage observed, the supporting evidence available (photographs, repair quotes, technical reports) and the indicative cost of repair, replacement or cleaning. The Member has fifteen (15) calendar days to submit observations, request a contradictory on-site assessment, or propose an alternative reasonable cost. The CMA shall take a final decision within a further fifteen (15) calendar days, motivating its decision in writing.

The CMA may modify at any time the layout, furnishings, equipment and allocation of a Room for operational, technical or programming reasons. Members concerned shall be informed in due time; no compensation is due in respect of such modifications.

The specific technical configuration of each Room, the list of equipment and instruments made available and any Room-specific rules are described in the Room information sheet published on the Portal and, where applicable, in the confirmation communicated upon approval of the application or booking.

The Member is strongly encouraged (i) to maintain personal civil liability insurance covering damage caused by the Member, project members or invitees in connection with the use of the Rooms, and (ii) to arrange appropriate insurance against loss, theft or damage for any personal instruments, equipment and other items brought onto premises. The Member is strongly encouraged to take out this insurance on a general basis rather than limited to the use of the Rooms, since instruments and equipment are typically used, transported and stored well beyond the Member's activities at Rocklab.

The CMA does not undertake to provide all-risk property insurance for items brought onto the premises by the Member, project members or invitees. Nothing in this paragraph excludes the liability of the CMA where their loss, theft or deterioration is caused by fault attributable to the CMA, its staff or appointed contractors. Any such liability shall be subject to section XIV.

X. Intellectual Property and Recordings

The Member retains all intellectual property rights in the works (compositions, performances, recordings) created or rehearsed during the use of the Rooms. The CMA acquires no right in such works by reason of the provision of the Rooms or their equipment.

The Member warrants holding all rights, authorisations and licences necessary for the lawful use, in the Rooms, of any musical work, recording, sample or other content of which they are not the sole author. No further authorisation is required from the CMA for the rehearsal of the Member's own original works. For any public performance, broadcast or commercial distribution of a recording produced in the Rooms, the Member is solely responsible for obtaining the corresponding authorisations and paying the corresponding fees, and shall indemnify and hold harmless the CMA against any third-party claim arising from breach of this warranty.

Any audio or video recording, photograph or live broadcast made by the Member from a Room must comply with applicable law, including the right to image and the rights of any other person present. Any professional photo shoot or video recording in a Room is subject to the prior written authorisation of the CMA, requested by e-mail to rocklab@rockhal.lu; personal documentation by the Member on a personal mobile device during a rehearsal does not require such authorisation. Honest descriptive credit indicating that a recording or rehearsal took place on CMA premises is permitted; where a credit misrepresents the relationship between the Member and the CMA, the CMA may request a correction. The following uses require the prior written authorisation of the CMA: (i) commercial use of the trademarks, logos or denominations "Rockhal", "CMA", "Centre de Musiques Amplifiées" or "Rocklab"; (ii) any use suggesting an endorsement, partnership or co-production with the CMA; (iii) any use of recognisable images of CMA staff or identifiable third parties present in common areas of the venue.

Recording of other persons. Where the Member intends to record, photograph or broadcast another person present in or near the Room (other Members, staff, instructors, invitees), the Member shall obtain prior, informed and freely given consent, including for any subsequent publication or distribution, and shall on simple request suspend recording of any person who objects.

XI. Security, Health and Surveillance

The CMA may implement security measures around and at the entrances of the Rockhal site, including video-surveillance limited to common access areas (entrances, corridors, reception, common circulation areas), in accordance with applicable law (Article L.261-1 of the Luxembourg Labour Code where applicable, Regulation (EU) 2016/679 ("GDPR") and CNPD guidance) and the Privacy Policy. The interior of the Rooms is not subject to video-surveillance. Video-surveillance in common areas is signalled by visible signage at relevant access points. The CMA, its staff and its appointed security personnel may, at any time and for documented safety reasons, refuse access, require a person to leave, or interrupt a slot. No compensation is due where the measure is justified by the conduct of the Member, of any person admitted by the Member, or by an exterior cause beyond the CMA's control.

In the event of an accident, incident or near-miss, the Member shall immediately inform CMA staff and cooperate with any investigation, and shall comply with any evacuation, lock-down or emergency instruction without delay.

Fire alarm. Any triggering of the fire alarm by the Member, or by a person admitted by the Member, save where triggered in good faith in response to an actual fire of which the Member is not the cause, shall give rise to (i) invoicing of all costs reasonably incurred by the CMA in connection with the alarm, including dispatch of emergency services, evacuation costs and any disruption to other Members; and (ii) the right of the CMA to terminate, with immediate effect, any active subscription and the Rocklab membership of the Member, under section XII, without refund of sums already paid for the current term.

XII. Suspension and Termination for Cause

The CMA may, with immediate effect and without prior notice, suspend access to the Rooms, terminate an individual booking or terminate a subscription for cause in the event of:

• serious or repeated breach of the present Terms or of the Code of Conduct;
• conduct presenting a risk to the safety of persons or to the integrity of the premises or of the equipment;
• provision of false, misleading or materially incomplete information at the time of application or during the term of the subscription;
• unauthorised transfer or sublet of the right of use;
• non-payment of any sum due, after a reminder remaining without effect;
• conduct constituting harassment, discrimination, violence or any other unlawful act on the premises;
• any conduct seriously affecting the reputation of the CMA or of the Rockhal site.

In the event of termination for cause, sums already paid for the current subscription term remain non-refundable.

XIII. Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under these Terms where the failure or delay results from an event exterior to that party that could not reasonably have been foreseen at the time of conclusion and the effects of which could not be avoided by appropriate measures (force majeure within the meaning of Luxembourg case-law). Such events include natural disasters, fire, flood, earthquake, epidemic or pandemic requiring exceptional public-authority measures, war, terrorism, civil unrest, official orders preventing the venue's operation, failure of essential utilities or telecommunications, and – despite reasonable security measures – large-scale cyber-attacks or denials of service that exceed the protections reasonably expected of a comparable operator.

Where such an event affects the use of a Room, the CMA shall, wherever possible, propose an alternative slot; failing that, sums paid in respect of the affected booking or pro-rata portion of the subscription shall be refunded. No further compensation is due.

XIV. Liability of the CMA

Nothing in the present Terms shall limit or exclude the liability of the CMA for: death or personal injury caused by its negligence; fraud, fraudulent misrepresentation or dol; gross negligence (faute lourde) or wilful misconduct; or any other liability that cannot be excluded under the laws of Luxembourg.

Subject to the above and except as provided in the following paragraph, the liability of the CMA for any direct loss arising from a booking or a subscription is limited, per claim, to the sums actually paid by the Member in respect of the booking or subscription.

The general cap set out in the preceding paragraph shall not apply to direct material damage caused to the Member’s personal effects, instruments or equipment by fault attributable to the CMA, its staff or appointed contractors. The liability of the CMA for such damage caused by ordinary negligence shall be limited to 10,000 EUR per Member and per event. This separate cap shall not apply in any of the circumstances set out in the first paragraph of this section XIV.

Subject to the above, the CMA shall in no event be liable for any indirect or consequential loss, including: loss of profits, revenue or business opportunity; loss of artistic opportunity; loss of recordings, data or content; loss of reputation; loss of anticipated savings.

XV. Personal Data

Personal data communicated by the Member in connection with an application, a booking or a subscription, and data collected during use of the Rooms (in particular check-in records, attendance status, incident reports and, where applicable, video-surveillance recordings of common areas), are processed by the CMA in accordance with the Privacy Policy.

XVI. Modifications, Applicable Law and Jurisdiction

Modification. The CMA may modify these Terms. Non-material updates (typographical corrections, contact-detail or reference updates) take effect upon publication on the Portal. Material modifications are notified to active subscribers and to Members holding a confirmed individual booking by in-Portal notice and by e-mail to the address on the Account, at least thirty (30) days before they take effect. The version applicable to an individual booking already confirmed and to a subscription already approved at the effective date of a material modification is the version in force at the time of the booking or approval; material modifications apply only to subsequent bookings, applications and renewals, save where the affected Member expressly accepts to be bound by the modified version. A Member who does not agree with a material modification may terminate the subscription before the effective date; the CMA shall refund the pro-rata portion of the sums paid in respect of the period of the subscription subsequent to the date of effective termination.

Mediation. In accordance with Articles L.422-1 et seq. of the Luxembourg Consumer Code, where the Member acts as a consumer and where a dispute has not been resolved by direct exchange, the Member is entitled to refer the matter to a competent consumer mediation body. The competent body for the present Terms is the:

Service national du Médiateur de la consommation, 6, rue du Palais de Justice, L-1841 Luxembourg (Luxembourg). The website of the mediator is the following: https://mediateurconsommation.public.lu/en.html

Governing law and jurisdiction. These Terms are governed by Luxembourg law, without regard to its conflict-of-laws rules and subject to mandatory rules protective of consumers in their country of habitual residence under Article 6 of Rome I (Regulation (EC) No 593/2008). Any dispute arising out of or in connection with these Terms falls under the exclusive jurisdiction of the Luxembourg courts. By way of derogation, where the Member is a consumer domiciled in another EU Member State, under Articles 17-19 of Brussels Ia (Regulation (EU) No 1215/2012), the consumer may bring proceedings against the CMA either before the courts of Luxembourg or before the courts of the consumer's domicile, and may only be sued by the CMA before the courts of the consumer's domicile.

Contact

Model Withdrawal Form for Rehearsal Room Subscription

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of:

I hereby notify you of my withdrawal from the contract for the following service: Rocklab rehearsal room subscription.

Ordered on:

Subscription duration:

Subcription reference:

Member account e-mail address:

Name of the consumer Member:

Address of the consumer Member:

Done on:

Signature of the consumer Member

Additional information

Use of this form is not mandatory. The consumer Member may also exercise the right of withdrawal by any other unambiguous statement expressing their wish to withdraw from the contract.

To meet the withdrawal deadline, it is sufficient for the withdrawal notice to be sent before the expiry of the statutory period of fourteen (14) calendar days running from the day of conclusion of the contract.