House rules

01-01-2023

General Purpose

The purpose of these house rules is to ensure safety, order, peace and hygiene within Amare. Stichting Amare finds it important to receive visitors in a respectful, hospitable and safe manner.

Character

The house rules are founded on the right of use and are based on civil law. Visitors who do not observe the house rules may be banned from Amare’s premises. The house rules will be enforced under criminal or civil law, for example according to Section 139 (breach of the peace), Section 266 (insult) or Section 285 (threat) of the Dutch Criminal Code, or through action arising from a wrongful act (Section 162 of Book 6 of the Dutch Civil Code).

Extent of the house rules

The house rules apply to all visitors of Amare and apply to the entirety of Amare up to and including the outer façade, including the loading bay and the private area of the bicycle parking.

 

Section 1 Scope

1.1 Sphere of applicability

The house rules apply to visitors within Amare, which Stichting Amare independently manages in part or in full, hereinafter referred to as “the premises”.

1.2 Special rooms

Further rules may be formulated by or on behalf of the Managing Board of Stichting Amare for special rooms, such as rooms containing gas for fire suppression or rooms with a special setup (temporary or permanent).

1.3 Powers under civil law

The house rules do not affect Stichting Amare’s civil-law powers, such as the enforcement of order during performances, conventions and other events by or on behalf of the Managing Board of Stichting Amare.

 

Chapter 2 Accessibility

2.1 Accessible and non-accessible rooms for visitors

Amare comprises the following rooms:

• all rooms accessible for visitors, being the rooms whose entrances are open to visitors and are therefore in principle freely accessible (front-of-house);
• all other rooms, being the rooms not accessible for visitors, regardless of whether any authorised (with permission) or non-authorised (without permission) visitors are present in these rooms (back-of-house).

2.2 Rooms accessible for visitors

The rooms accessible for visitors are open during the applicable business hours or at such times when special rooms are in use for public events.

2.3 Rooms not accessible for visitors

Rooms not accessible for visitors may only be accessed by:

1. staff;
2. external parties (such as performing parties and associated staff/suppliers/visitors) who have specifically been authorised;
3. visitors, after reporting to the Facility Service Point (FSP) and exclusively under the supervision of a person as described in subsection a or b above. 

2.4 Public toilets

Amare contains public toilets. In consultation with Facilities Services or Management, security personnel may if necessary deny visitors access to the toilets or close the toilets.

 

Section 3 Non-Permitted Behaviour

3.1 Animals

Dogs and/or other animals are not permitted in Amare. However, seeing-eye dogs and other assistance dogs are allowed access.

The Managing Board may choose to derogate from the aforementioned admission ban in exceptional cases and allow dogs and/or other animals in the building or in parts of the building.

The Managing Board is authorised to revoke its decision to permit access for dogs and/or other animals, and may delegate this power to the security department.

3.2 Bicycles and other wheeled equipment

Bicycles, mopeds, vehicles, roller skates and other means of transport or wheeled equipment (for example for the performance of work or cultural and business activities) may not be brought into or used within Amare, except in the rooms designated for that purpose, such as the bicycle parking. This does not apply to necessary means of transport for disabled persons, unless these are used in a manner that may cause nuisance or danger or violate the house rules.

3.3 Alcohol

It is not permitted to visit Amare in an obvious state of inebriation.

3.4 Drugs

It is not permitted to use drugs inside Amare, or to visit Amare while under the influence of drugs.

3.5 Smoking

Pursuant to the Tobacco and Related Products Act, smoking is not permitted in Amare. This ban includes e-cigarettes.

3.6 Weapons, dangerous objects and hazardous substances

It is not permitted to have in one’s possession, carry or use weapons, dangerous objects or objects that may cause nuisance to visitors, hazardous substances, objects that may be used as such and/or objects that may be used to threaten others, without the permission of the security department.

3.7 Waste

Rubbish, paper, food remains, other waste and other substances may not be deposited or left behind anywhere other than in the places intended for that purpose.

3.8 Bags

Only bags smaller than A4 size and not thicker than 10 cm are allowed within the halls in Amare. Larger bags can be left at the cloakroom or stored in a locker.

3.9 Leaving objects unattended

It is not permitted to leave backpacks, bags, suitcases, parcels and goods unattended.

3.10 Found items

It is not permitted to appropriate items found in the building. Found items must be handed over to the Facility Service Point (FSP) on the ground floor.

3.11 Naked flames and fireworks

It is not permitted to bring or light fireworks or naked fires without permission from the security department.

3.12 Offering goods and services

It is not permitted to offer goods and/or services within the building without permission, nor to carry out comparable activities (unless these are event-related), such as:

1. practicing a profession or trade;
2. offering commercial goods for sale;
3. advertising;
4. expressing religious and/or political views;
5. distributing printed matter or pamphlets;
6. holding collection;
7. organising lotteries;
8. conducting public surveys or censuses;
9. organising public performances or other events.

3.13 Aggression, nuisance, inconvenience, damage

It is not permitted to treat other persons discourteously and/or to behave aggressively or behave in a manner that is or can be perceived as dangerous, provocative, threatening, offensive, discriminatory or objectionable or that may cause damage. This prohibition in any case applies to:

• the application of pamphlets or stickers and/or graffiti in the building and/or on the outer facade;
• throwing objects or liquids;
• engaging in sports and/or ball games or other games;
• behaviour revealing that a visitor is inebriated or under the influence of drugs;
• disturbance of the peace by chanting slogans;
• nuisance in the form of noise, light, odour and/or stench caused with or without aids;
• visitors, in groups or individually, whose presence or behaviour is conspicuous in a disproportionately explicit or protracted manner;
• begging;
• sleeping;
• harassing other visitor or users of the building.

3.14 Misuse and improper use

Without permission from the security department, it is not permitted to:

• misuse facilities or make use of facilities in a manner other than the use for which they are intended;
• to loiter or place goods on or by entrances, aisles, stairs, lifts and catwalks, as these are meant to provide easy entrance or exit in the event of danger;
• to unnecessarily touch, switch on, prevent the functioning of or hinder the accessibility of equipment;
• to climb upon Amare or parts of its premises or furnishing elements.

 

Section 4 Video and/or audio recordings

4.1 General prohibition

It is not permitted to make video and/or audio recordings of persons without their express consent.

4.2 Consent

It is not permitted to make video and/or audio recordings for artistic, commercial or political purposes, without Amare’s consent. Amare reserves the right to prohibit video and/or audio recordings in other situations as well.

4.3 Conditions for audio recordings of discussions for own use

When making audio recordings of a discussion for own use with a jobholder employed by Amare, the following must be observed:

1. prior to the discussion, the involved jobholder employed by Amare (hereinafter: the jobholder) must be notified that a recording will be made, stating the purposes for which the recording will be used;
2. the recording must be intended for one’s own use, meaning that it is prohibited to provide a recording of a discussion with the jobholder to third parties not involved in the discussion without the jobholder’s consent, or to make the recording public, e.g. via social and other media, such as Facebook, Instagram, Twitter or YouTube;
3. it is not permitted to cut and paste within recordings or to present clipped parts of the recording out of context and to thereby present misleading information;
4. at the start of the recording of the discussion, the jobholder must indicate that the rules relating to the recording of the discussion have been reviewed and agreed to by both parties.

4.4 Video and audio recordings during events

Amare reserves the right to make audio and/or video recordings of events attended by visitors or to have such recordings made. Visitors shall not object, neither on the grounds of copyright nor on any other grounds, to the use of their portrait/likeness as part of the publication of said events.

 

Section 5 Liability

5.1 Stichting Amare

Stichting Amare is only liable for any material and/or consequential damage suffered by or injury caused to visitors if such is directly and exclusively the result of intent, gross negligence or serious fault on the part of Amare and/or its jobholders, with the understanding that only damages against which Stichting Amare is insured or against which Stichting Amare should, in accordance with the requirements of reasonableness and fairness, have been insured shall be eligible for compensation, and such damage shall be eligible for compensation no greater than the maximum amount stipulated in the relevant insurance policy.[BE1] 

Stichting Amare’s liability is excluded for, among others:

1. damage resulting from the actions of third parties, including persons engaged by Stichting Amare and lessees of Amare or of rooms within Amare and persons engaged by these third parties;
2. damage resulting from a failure to obey instructions given by jobholders of Stichting Amare and failure to observe the prevailing rules of decency;
3. damage or consequential damage resulting from unforeseeable changes in the start or end times of the events covered by the agreement between Stichting Amare and the visitor;
4. damage caused in any way by other visitors.

5.2 Visitors

Any visitor’s stay in Amare is at their own risk and expense. Visitors are responsible for all direct and indirect damage they cause during their visit.

5.3 Force majeure

Stichting Amare shall in no event be liable for any damage suffered by visitors as a result of force majeure on the part of Stichting Amare. Force majeure is understood to include any circumstance independent of the will of Stichting Amare – even if the possibility of such circumstance could have been foreseen at the time of the establishment of the agreement – that temporarily or permanently prevents the performance of the agreement, as well as, to the extent not already covered by the foregoing: war, war-related violence, civil war, uprisings, riots,  police and/or fire service action, strikes, transportation difficulties, fire and other severe disruptions in the business of Stichting Amare or in its premises, weather conditions and non-functioning public transportation for any reason.  

 

Section 6 Powers and supervision

6.1 Security

Amare’s security service has been authorised for that purpose on the basis of the Dutch Criminal Code and the Dutch Civil Code. Amare’s security service and persons appointed by or on behalf of the Managing Board are authorised for and charged with the supervision and enforcement of the general safety of people and equipment within Amare.

6.2 Instructions

Instructions given by the security service and by persons appointed by or on behalf of the Managing Board, company emergency response team members, the police, firemen, the Municipal Health Service and other emergency services must always be obeyed immediately.

6.3 Camera monitoring

Monitoring is also performed by means of cameras. To this end, Amare has formulated a General Camera Protocol and a Covert Camera Monitoring Protocol. The camera monitoring and related protocols are in accordance with the General Data Protection Regulation.

6.4 Prohibited objects

In the event that security personnel or other persons as described in section 6.1 suspect that a visitor is carrying prohibited objects, they may ask the visitor in question to show their possessions. If said visitor refuses, they may be denied access to the premises or be ordered to leave the premises by security personnel or other persons as described in section 6.1.

6.5 Denial of access

Visitors who act or have acted in contravention of these house rules may be denied access to the premises or be ordered to leave the premises by security personnel or other persons as described in section 6.1, in which event the relevant visitor has no right to reimbursement of their admission ticket.

6.6 Special circumstances

Under special circumstances, if required by general safety concerns, the Managing Board may request inspection of any luggage or hand luggage carried by visitors. If deemed necessary, visitors may furthermore be required to cooperate with a security search (frisking) by personnel specially trained and instructed for that purpose. In the event of refusal to cooperate, a visitor may be denied access or further access to Amare, in which event the relevant visitor has no right to reimbursement of the price of their admission ticket.

6.7 Breach of the peace

In the event that a visitor refuses to comply with an order as described in sections 6.5 and 6.6, after application of appropriate coercion or otherwise, the police shall be called in and the visitor shall once more be ordered to leave the building in the presence of the police. If the visitor again refuses to comply with the order, they shall be reported to the police for breach of Section 139 of the Dutch Criminal Code.

6.8 Obligation to provide proof of identity

Security personnel or other persons as described in section 6.1 may ask visitors to identify themselves. If a visitor is unable to or refuses to present proof of identity, they may be denied access to Amare. In such event, the visitor has no right to reimbursement of their admission ticket, if applicable.

6.9 Written building ban

Following any breach of the house rules, Amare’s security service may deny a visitor access to Amare for a fixed period of time. Visitors may also be denied access to Amare in the event of a threat to the order inside the premises that puts the safety (physical or otherwise) of other visitors and/or jobholders employed by Amare at risk.

6.10 Exceptions

Visitors visiting the premises shall only be granted exceptions to the house rules by means of written permission from the Managing Board of Stichting Amare. Visitors must present this written permission at the request of security personnel or other persons as described in section 6.1.

 

Section 7 Final provisions

7.1 Announcement of the house rules

The existence of these house rules is announced at the entrance to Amare. A copy of the house rules is available at the Facility Service Point (FSP), and the house rules have been published on Amare’s website, www.amare.nl.

7.2 Situations not provided for by the house rules

In situations not provided for by the house rules or in which the house rules conflict with other regulations, the Managing Board is at all times authorised to act in a manner that is reasonable and fair in view of the circumstances at that moment. The Managing Board may delegate this authority to the security service.

7.3 Reference title

The house rules are quoted as the “Amare House Rules”.

7.4 Effective date of the House Rules

The House Rules shall take effect one day after their adoption by the Managing Board of Stichting Amare. Any previous versions of the House Rules of Stichting Amare or its legal predecessors thereby cease to apply.