Terms & Conditions
INCLUDED IN OUR BOOKING AGREEMENT
The agreement of the Vendor 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 Vendor to find replacement entertainment at the agreed upon fees. Should Vendor be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, Vendor’s liability shall be exclusively limited to an amount equal to the performance fee and that Vendor shall not be liable for indirect or consequential damages arising from any breach of contract.
All deposits are nonrefundable and are due upon signing the contract. All balances are nonrefundable and are due on the day of the event, unless otherwise indicated by Vendor. If an event is cancelled by Client, the balance may be applied to a future event no more than 365 days from the original event date, and is based on Vendor's availability.
Vendor has right to photograph and/or video parts of the event for promotional purposes, unless otherwise stated by Client and Vendor.
The Client and Vendor agree that this Agreement is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Client breaches the Agreement, he or she shall pay the Vendor the total event fee as liquidated damages, 6% interest thereon, plus reasonable attorney's fees.
It is understood that if this is a "Rain or Shine" event, Vendor's compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. The Vendor 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 Vendor'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 Vendor, his staff, or any equipment in Vendor’s possession, Vendor reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Vendor shall resume performance in accordance with the original terms of this Agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether Vendor resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Vendor reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Client shall provide Vendor with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup and a space for setting up equipment. Vendor requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 10 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. For Photo Booth services, an 8' table is required to be provided by Client for Vendor. Any delay in the performance or damage to Vendor's equipment due to improper power is the responsibility of the Client. Two circuits are required if lighting is being provided. Client shall provide crowd control if warranted.
The Client shall at all times have complete control, direction and supervision of the performance of Vendor at this engagement. For DJ services, a written event/music planner or music request list must be received from the Client and forwarded to Vendor at least two weeks prior to the date of the engagement for it to be included in DJ’s programming guidelines. With or without the aid of an event/music planner or music request list, Vendor shall attempt to play Client's and Client's guests' music requests but shall not be held responsible if certain selections are unavailable. Vendor 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, Vendor retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by Vendor. Client shall be charged $50 for each bounced check plus a $10.00 service charge for each collection notice.
This Agreement guarantees that Vendor will be ready to perform at the start time of the engagement. No guarantee is made as to Vendor's time of arrival; however, Vendor requests that they be permitted 60 minutes before the engagement and 60 minutes after the engagement for setup and take down. Vendor 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, additional labor will be charged at the rate of $50.00. If Client or venue requires Vendor 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 per half-hour.
By executing this Agreement as Client, the person executing said Agreement, either individually, or as an agent or representative, represents and warrants that he or she is at least eighteen (18) years of age, and further, if executing said Agreement 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 Agreement.
All attached riders are an integral part of this Agreement. This Agreement will supersede any other Agreement. If any part of this Agreement is illegal or unenforceable, the remaining provisions of this Agreement will remain valid and enforceable to both parties. This Agreement 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 Agreement, shall be valid or binding. This Agreement shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
The laws of the State of Maryland shall govern this Agreement. In the event of suit involving or relating to this Agreement, Client agrees that venue will be in Montgomery County, Maryland. Client agrees to defend, indemnify, assume liability for and hold Vendor harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Vendor 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. Client may not transfer this Agreement to another party without the prior written consent of Vendor. This Agreement is not binding until signed by both Client and Vendor. Any changes must be written and signed by both the Client and Vendor. 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.
Vendor may elect not to exercise their rights as specified in this Agreement. By doing so, Vendor does not waive their right to exercise those options at a future date.