J Helton & Company Mobile DJ Service Performance Agreement
AGREEMENT made by The Purchaser, and J Helton & Company Mobile DJ Service, hereinafter referred to as the DJ.
1. The Purchaser hereby engages the DJ to provide a DJ Service to be performed.
2. J Helton & Company Mobile DJ Service hereby agrees to provide a DJ Service for the Purchaser at the agreed upon location.
3. The said DJ Service shall consist primarily of providing Emcee and musical entertainment by means of a recorded music format.
4. The DJ hereby agrees to render professional services and 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 agreed upon date and time of the engagement.
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 $100 is required to secure the services of the DJ for the engagement. This amount shall be applied toward the Performance Fee Quote. Additional services requested that exceed the quote time frame will be charged at the rate of $50 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.
7. 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 J Helton & Company Mobile DJ Service to find replacement entertainment at the agreed upon fees. Should J Helton & Company Mobile DJ Service be unable to procure replacement entertainment at the agreed upon fees purchaser shall receive a full refund. Purchaser agrees that in all circumstances, J Helton & Company Mobile DJ Service liability shall be exclusively limited to an amount equal to the performance fee and that J Helton & Company Mobile DJ Service shall not be liable for indirect or consequential damages arising from any breach of contract. All deposits are nonrefundable 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 the DJ 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".
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 only 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, The DJ's 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 the DJ, staff or any equipment in the DJ's possession, the DJ 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), the 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 The DJ resumes the performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, The DJ reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
8. Purchaser shall provide the DJ 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. J Helton & Company 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. 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. 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). If no electric power is available, the DJ will supply a generator at $25 hr. Or purchaser may arrange for a generator and fuel at purchasers expense.
9. The Purchaser shall at all times have complete control, direction and supervision of the performance of the DJ at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the DJ services of J Helton & Company Mobile DJ Service. A written event/music planner or music request list must be received from the Purchaser and forwarded to J Helton & Company Mobile DJ Service at least two weeks prior to the date of the engagement for it to be included in the DJ Service programming guidelines. With or without the aid of an event/music planner or music request list, the DJ shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. J Helton & Company 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.
10. The full amount agreed upon is due at the start time of the performance. In the event of non-payment, J Helton & Company 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 J Helton & Company Mobile DJ Service. Purchaser shall be charged $35 for each bad check and a $7.50 service charge for each collection notice. This agreement guarantees that J Helton & Company Mobile DJ Service will be ready to perform at the start time of the engagement. No guarantee is made as to J Helton & Company Mobile DJ Service time of arrival; however, J Helton & Company Mobile DJ Service requests that they be permitted a minimum of sixty minutes before the engagement and a minimum of sixty minutes after the engagement for setup and takedown. J Helton & Company 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 J Helton & Company Mobile DJ Service to complete setup more than one hour before the start time, or to postpone takedown more than one hour after the end time indicated, the additional time will be charged at the rate of $50.00 per-hour.
11. By executing this contract as Purchaser, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if The Purchaser is acting 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 these terms.
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.
The laws of the State of KY shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Harlan County KY. 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.
12. Purchaser may not transfer this contract to another party without the prior written consent of J Helton & Company Mobile DJ Service.
Any changes must be written and agreed to by both the Purchaser and J Helton & Company 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. J Helton & Company Mobile DJ Service may elect not to exercise their rights as specified in this agreement. By doing so,
J Helton & Company Mobile DJ Service does not waive their right to exercise those options at a future date.
J Helton & Company Mobile DJ Service
PO Box 400 - Evarts KY 40828
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