|
By Request Mobile DJ Service Entertainment Contract
AGREEMENT
made this ____ day of __________, 20__, by and between _______________________________________, hereinafter referred to as
the Purchaser, and By Request Mobile DJ Service, hereinafter referred to as the DJ.
WITNESSETH
NOW THEREFORE,
in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties
do agree as follows:
1. The Purchaser hereby engages the DJ to provide a DJ Service. The service to be performed at Event
Location:
(Venue): ___________________________________________________________
(Address): _____________________________________________________
_____________________________________________________
(Phone #): _____________________________________________________
2. By Request Mobile DJ Service hereby agrees to provide a DJ Service for the Purchaser at the above-mentioned location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. By Request Mobile DJ Service hereby agrees to render his professional services and is at all times to have complete
control of his program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted on the following
date(s) and time(s) of the engagement:
Date(s): ___________________________________.
Start Time(s): ______AM/PM
Finish
Time(s): ______AM/PM
(4 hours minimum)
6. The Purchaser in consideration of the DJ Service to be rendered by the
DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:
A non-refundable
reservation fee of $__________, is required to secure the services of By Request Mobile DJ Service for the engagement. This
amount shall be applied toward the Performance Fee.
The Performance Fee is $__________ for the four-hour time frame outlined
above.
Services requested that exceed the four-hour time frame will be charged at the rate of $_________ per hour, payable
the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests
for extended playing time will be accommodated.
Purchaser Initials _________ By Request Mobile DJ Service ______
Additional
Terms and Conditions
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics,
acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts
will be made By Request Mobile DJ Service to find replacement entertainment at the agreed upon fees. Should By Request Mobile
DJ Service be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances,
By Request Mobile DJ Service liability shall be exclusively limited to an amount equal to the performance fee and that By
Request Mobile DJ Service shall not be liable for indirect or consequential damages arising from any breach of contract.
All
deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.
No
performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner,
or any means whatsoever, in the absence of a specific written agreement with By Request Mobile DJ Service relating to and
permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private
use of the contracting party only.
The purchaser and DJ agree that this contract is not subject to cancellation unless
both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall
pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable
attorney's fee.
It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to
the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members
of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
It
is understood that if this is a "Rain or Shine" event, By Request Mobile DJ Services compensation is in no way affected by
inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The DJ reserves the
right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment,
or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ's
compensation will not be affected by such cancellation.
In the event of circumstances deemed to present a threat or
implied threat of injury or harm to By Request Mobile DJ Service staff or any equipment in By Request Mobile DJ Service possession,
By Request Mobile DJ Service reserves the right to cease performance. If the Purchaser is able to resolve the threatening
situation in a reasonable amount of time (maximum of 15 minutes), By Request Mobile DJ Service shall resume performance in
accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether
the situation is resolved or whether By Request Mobile DJ Service resumes performance. In order to prevent equipment damage
or liability arising from accidental injury to any individual attending this performance, By Request Mobile DJ Service reserves
the right to deny any guest access to the sound system, music recordings, or other equipment.
Purchaser
Initials _________ By Request Mobile DJ Service ______
Purchaser shall provide By Request Mobile DJ Service with
safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and
lighting stands. By Request Mobile DJ Service requires a minimum of one 15-20-amp circuit outlet from a reliable power source
within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the
performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred,
where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Purchaser shall provide
crowd control if warranted; and furnishing directions to place of engagement. Purchaser is responsible for paying any charges
imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal
if necessary (for use of fog).
The Purchaser shall at all times have complete control, direction and supervision of
the performance of By Request Mobile DJ Service at this engagement and Purchaser expressly reserves the right to control the
manner, means and details of the performance of the services of By Request Mobile DJ Service. A written event/music planner
or music request list must be received from the Purchaser and forwarded to By Request Mobile DJ Service at least two weeks
prior to the date of the engagement for it to be included in By Request Mobile DJ Service programming guidelines. With or
without the aid of an event/music planner or music request list, By Request Mobile DJ Service shall attempt to play Purchaser's
and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. By Request
Mobile DJ Service will make an extra effort to have music requests available if they are received IN WRITING at least two
weeks prior to the engagement.
In the event of non-payment, By Request Mobile DJ Service retains the right to attempt
collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred
by By Request Mobile DJ Service. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each
collection notice.
This agreement guarantees that By Request Mobile DJ Service will be ready to perform at the start
time of the engagement. No guarantee is made as to By Request Mobile DJ Service time of arrival; however, By Request Mobile
DJ Service requests that they be permitted ________ minutes before the engagement and ________ minutes after the engagement
for setup and takedown. By Request Mobile DJ Service also requests ramp or elevator access between the parking/service entrance
and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted
onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Purchaser or venue requires
By Request Mobile DJ Service to complete setup more than one hour before the start time, or to postpone takedown more than
hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.
Engagements
within the Dallas/Fort Worth metroplex will not be assessed a travel charge. Services requiring travel outside of this area
will be charged at $0.50 per mile in excess of 30 miles. Engagements in excess of 250 miles will require accommodations be
made for an overnight stay in a local hotel/motel for By Request Mobile DJ Service to be provided by Purchaser.
Special
provisions & Additional Services Requested
__________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________
Purchaser Initials _________
By Request Mobile DJ Service ______
By executing this contract as Purchaser, the person executing said contract,
either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age,
and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement
and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under
the terms of this contract.
All attached riders are an integral part of this contract. This contract will supersede
any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will
remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement,
promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained
in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing
by both parties and endorsed hereon.
The laws of the State of Texas shall govern this agreement. In the event of suit
involving or
relating to this agreement, Purchaser agrees that venue will be in Tarrant County.
Purchaser agrees to
defend, indemnify, assume liability for and hold By Request Mobile DJ Service harmless from any claims, damages, losses and
expenses by or to any person, regardless of the basis, which pertains directly or indirectly to By Request Mobile DJ Service
performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party
shall pay the attorney's fee and court costs of the prevailing party.
Purchaser may not transfer this contract to another
party without the prior written consent of
By Request Mobile DJ Service. This agreement is not binding until signed by
both Purchaser and By Request Mobile DJ Service has received it. Any changes must be written and signed by both the Purchaser
and By Request Mobile DJ Service. Oral agreements are non-binding. If any clause in this agreement is found to be illegal,
the rest of the agreement shall remain in force.
By Request Mobile DJ Service may elect not to exercise their rights
as specified in this agreement. By doing so, By Request Mobile DJ Service does not waive their right to exercise those options
at a future date.
THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally
bound thereby.
Purchaser:
__________________________________
Signature
__________________________________
Printed Name
Street Address: __________________________________
_______________________________
Daytime Phone:
__________________________________
Evening Phone: __________________________________
By Request Mobile DJ Service:
_______________________________
James Steele, Owner
|
