Draft Entertainment Contract
THIS AGREEMENT made this ___ day of ____________, 2013, by and between
_______________________________________, hereinafter referred to as the Purchaser, and DJ Alex L.L.C., hereinafter referred to as the DJ.
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 personal Disc Jockey (DJ) Service at the event described below:
Event Location (Venue): _________________________________________________________________
Venue Address and Phone: _______________________________________________________________
Type of event: __________________________________________
Start Time(s): ______AM/PMFinish Time(s): ______AM/PM
2. DJ Services and Liabilities of the Parties
2.1 DJ hereby agrees to provide a DJ Service for the Purchaser at the above-mentioned location. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
2.2 DJ hereby agrees to render professional services and at all times have complete control of the program. The Purchaser shall at all times have complete control, direction and supervision of the performance of DJ at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of DJ.
2.3 A written event/music planner or music request list must be received from the Purchaser and forwarded to DJ Alex L.L.C. at least two weeks prior to the date of the engagement for it to be included in DJ programming guidelines. DJ Alex L.L.C. will make an extra effort to have music requests available with or without the aid of an event/music planner or music request list, DJ shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable.
2.4 This agreement guarantees that DJ will be ready to perform at the start time of the engagement. No guarantee is made as to DJ time of arrival; however, DJ requests that they be permitted 2 hours before the engagement and 40 minutes after the engagement for setup and takedown. If Purchaser or venue requires DJ 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 $60.00 per half-hour.
2.5 Purchaser shall provide DJ with safe and appropriate working conditions. This includes:
- Ramp or elevator access between the parking/service entrance and the setup area
- 6-foot by 6-foot area for setup
- Adequate space for setting up speakers and lighting stands
- 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.
- Crowd control if warranted.
- Furnishing directions to place of engagement.
2.6 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).
2.7 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 DJ to find replacement entertainment at the agreed upon fees. Should DJ be unable to procure a replacement, Purchaser shall receive a full refund.
2.8 Purchaser agrees that in all circumstances, DJ Service liability shall be exclusively limited to an amount equal to the performance fee and that DJ shall not be liable for indirect or consequential damages arising from any breach of contract.
2.9 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.
2.10 Purchaser further agrees to defend, indemnify, assume liability for and hold DJ Alex L.L.C. harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to DJ Alex L.L.C. performance.
2.11 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 DJ Alex L.L.C. 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.
2.12 It is understood that if this is a "Rain or Shine" event. DJ 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.
2.13 In the event of circumstances deemed to present a threat or implied threat of injury or harm to DJ Alex L.L.C. service staff or any equipment in DJ possession, DJ Alex L.L.C. 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), DJ 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 DJ resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, DJ reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
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:
3.1 A non-refundable reservation fee of $250 (Two Hundred Fifty) is required to secure the services of DJ Alex for the event. This amount shall be applied toward the Performance Fee and paid by cash or check payable to DJ Alex L.L.C.
3.2 The Performance Fee is $1000 (One Thousand USD) for the time frame outlined above. This Performance Fee less paid Reservation Fee shall be paid in full before commencement of performance at the day of event by cash of check payable to DJ Alex L.L.C.
3.3 Services requested in excess of above agreed time frame will be charged at the rate of $60 (Sixty) per half an hour, payable the day of the event in cash or check. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
3.4 All deposits are refundable if cancelled by DJ.
3.5 In the event of non-payment, DJ Alex L.L.C. 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 DJ Alex L.L.C.
4.1 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 in item 4.2 as liquidated damages.
5. Special provisions & Additional Services Requested
5.1 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.
5.2 All attached riders are an integral part of this contract. This contract will supersede any other contract or agreement between Parties. 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.
5.3 This agreement is not binding until signed by both parties and DJ Alex L.L.C. has received it.
5.4 This contract shall not be enlarged, modified, or altered except in writing by both Parties and endorsed hereon. Oral agreements are non-binding.
5.5 Purchaser may not transfer this contract to another party without prior written consent of DJ Alex L.L.C.
5.6 If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
5.7 This Agreement shall be governed by the laws of the State of Washington. 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.
5.8 DJ Alex L.L.C. may elect not to exercise its rights as specified in this agreement. By doing so, DJ Alex L.L.C. does not waive its 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.
Printed Name __________________________________
Street Address: ________________________________________________________________________
Daytime Phone: __________________________________
Evening Phone: __________________________________
DJ Alex L.L.C:
Printed Name __________________________________
Copyright © 2013 by DJ Alex L.L.C. · All Rights reserved · E-Mail: firstname.lastname@example.org · +1 425-449-0717