The Client agrees to complete the agenda/timeline of the Company's reception responsibilities along with any specific requests that deviate from our general practices in any way no later than 30 days prior to their event. Thereafter, specific requests cannot be guaranteed by the Company, nor will it be held liable. Accurate directions regarding the location and how to gain entrance into the designated site(s) must also be submitted at least one month prior.
The Client agrees to designate a minimum 6'x 8' space for the Company to install a booth, making arragements with their respective venue to do so. This area must be within 6' of at least two open, unused electrical outlets which circuit is free and clear of any other appliances, devices or other equipment and must supply a constant, uninterrupted 20amp, 110-120volts. The Client also agrees to provide a reinforced table of at least 5' with appropriate covering, or request the Company to provide its own at least one month prior to the event. Once installed, the Company's equipment cannot be moved until the end of the event.
For outdoor events, the Client agrees to designate a level surface for booth installation and must ensure that the area is uniformly covered and shielded from all sunlight and other elements (both overhead as well as horizontally) under a minimum 10' by 10' tent or similar structure. The Company is not obligated to begin or continue performance at any point which the above conditions are not satisfied, under which circumstances the Client forfeits any right to a refund in any amount.
Due to the fact that the Company is being hired to provide a variety of services (i.e. Master of Ceremonies, Event Planner, etc.) and that the Company is being held primarily responsible for the outcome of the event, the Client authorizes the Company and its representatives to have TOTAL control over all segments to be held in the course of your event, in coordination with facility staff and other hired professionals, unless otherwise specified in writing prior to signing. The Company reserves the right to assign any of its staff members qualified to oversee the Client's event at its own discretion, unless a specific Host is requested prior to signing.
The Client should also note that host assigned by the Company may or may not, at his own discretion, invoke the help of up to two assistants which will remain at the event throughout the performance. These assistants may be called upon by the host to assist in setup, installation, testing, recording, adjusting equipment and general servicing, but are at no time responsible, nor should they be called upon by the Client, for any facet of performance or oversight.
ARRIVAL & DEPARTURE
The Company must be allowed a minimum of one full hour to set up sound equipment prior to the starting time agreed upon. A minimum of two hours applies if any additional services such as lighting are being contracted. The Company is not responible for any delay caused from being denied access to the facility or the designated booth-space. Furthermore, should the Company's staff be hindered from leaving the facility immediately following the engagement, such as due to a vehicular obstruction or guests crowding the exit, a $65.00 fee will be assessed for every half hour such an obstruction exists.
Should the starting or set-up time of the Company be delayed by the Client, his/her guests, or the staff of the facility at which the event is taking place, the Company is not obligated to perform beyond the would-be ending time as indicated on the contract, which default is midnight of the calendar day contracted. Contrastly, in the event that, for any reason, the starting time is delayed by the Company, the Company agrees to begin as close to the starting time agreed upon as possible and play for the total amount of time agreed upon. Should this not be possible, the Company will refund the Hirer the appropriate pro-rated amount with no further liability. For packages with unlimited performance time, a 10% discount will be applied to the package price in lieu of a pro-rated refund for every hour that a delay should occur, with a maximum discount of 50% of the balance due.
MEALS & GRATUITY
It is customary for the Client to provide a meal for the vendors on hand for their event. Due to the fact that the Company's staff will be unable to leave the premises for a meal during the reception, the Client agrees to provide meals for its staff and that they be served soon behind the guests of honor so that performance can commence following the meal without delay. The Client agrees to provide the Company its meal options 30 days prior to the event so that its staff can take into account any food allergies or dietary restrictions that could affect staff contracted for that day.
As regards any monetary compensation beyond that which is required by this contract, it is understood that the acceptance of which is gratuity in recognition for the Company's exceptional services as host and coordinator, and not for any of the music provided. Under no circumstances will the Company or any of its staff accept any compensation from the Hirer's guests at the event.
The Company and its staff are not, under any circumstances, to be held responsible for the loss or damage of property belonging to the Client, his/her guests, and/or the facility and its staff, nor for personal injuries to the attendees of the Client's event, such as those including, but not limited to, high-decibel sound, the flashing or intensity of lighting, dancing, tripping, or other related 'at-risk' amusement activities. Should any suit be filed regarding such, the Company's liability, should it be determined by the court, is limited to 50% the package price agreed upon, as the value of the remaining portion is for the planning, consultation and arranging of the event, not for services rendered on site, over which such a suit would not apply.
The Company agrees to perform using radio-friendly speech, adhering to the contemporary public standard of content for songs played at the event. The Company agrees to adhere to the Client's outline which states specific songs and subjects to be avoided during the event. If at any time the Client deems any portion of the Company's performance as not in keeping with the aforementioned outline, the Client agrees to make the Company's staff aware at the time of such an infraction, in order for it not to be repeated, as no action can or will be taken as a remedy after the event has ended. Under NO circumstances will the Company or its staff be liable or otherwise made to compensate the Client monetarily over disputed aspects of the Company's performance as it relates to content, which is including, but not limited to, the chosen playlist, the speech of its staff members on the microphone, nor of the installation or behavior of electronics equipment related to sound, lighting, video, projection displays, or photobooth.
There is no additional charge for travel to any event taking place within one hour of Syracuse, New York. A surcharge of $50.00 per additional half hour will be assessed for events taking place beyond this limit. Regardless of distance to the primary site (usually the reception venue) the aforementioned surcharge will apply to travel to any additional sites (such as a public ceremony site or private residence.) Thruway tolls are included in our package price and are not billed for separately. Any event taking place further than 2 hours from Syracuse, New York will be assessed an additional charge of at least $150.00 to cover hotel stays and necessary expenses for the Company's staff, unless the Client has prepared suitable accommodations for the Company's equipment and staff.
The Client may request to extend the performance time of this contract beyond midnight of the calendar day of the event. Such carries an additional charge of $150.00 per hour, billable in half-hour increments. The proposed acceptance of which is at the sole discretion of the Company's staff and is subject to their personal availabilty the day of.
PAYMENT SCHEDULE & CANCELLATION
A deposit of $500.00 is due no less than 90 days prior to the event and is payable only by credit or debit card. The date is not reserved and the Company is not obligated until the deposit is cleared. Any remaining balance is payable by credit or debit card no less than 30 days prior to the event. Should any portion of the balance not be paid as called for, the Company reserves the right to postpone performance at any time should any portion of the balance remain unpaid. The Client may cancel this contract for any reason and without obligation within three (3) days of being signed, by midnight of the third day. Once the three-day New York State Buyer's-Right-to-Cancel has passed, the entire deposit becomes non-refundable. If a planning consultation was made prior to cancellation, a $75.00 fee will be assessed for each consultation, whether in person, by phone, or via online video chat, and deducted from the refund.
VOIDING THIS AGREEMENT
The Company reserves the right to void this contract in the event of inclement or hazardous weather conditions, or upon discovering that aspects of the event unreasonably endanger the Company's welfare. its staff, or poses unreasonable potential for damage to the Company's equipment (such as direct exposure to sunlight, close proximity to water, or the presence of wily or inebriated attendees. The Company may also void this agreement in the event that the performer designated is severely ill, hospitalized, or otherwise unable to perform for reasons beyond its control. The Company is permitted to obtain the services of a replacement performer at any time prior to declaring this contract void. If no suitable replacement, as determined solely by the Company, can be found, all monies paid to the Company by the Client will be refunded in whole, which absolves the Company of any further responsibility.
The Client permits the Company, its owners, and those commissioned by them, to use any and all captions, commentary, dialogue, images (whether still or motion) directly witnessed, recorded, transferred to, or otherwise obtained by its personnel for unreserved and unrestricted use in advertising or promoting its services whether online, in print, or any media, and to use as well as freely edit such without exclusion, unless expressly stated otherwise in writing prior to signing.
In the event that any portion of these terms and conditions are not fulfilled as called for or that in any way pose a hardship for the Company, (and this shall include timely payments made by debit or credit card where the issuer later stops payment thereon) the Client agrees to be obliged to pay any and all banking fees, attorney's fees, collection agency fees, and/or any expenses incurred in connection with resolving such hardship, which is in addition to any balance remaining for which the Company was originally hired. These fees are payable regardless of whether a judgment is eventually taken against the Client, as long as the Company has determined that there is a need to seek the services of an attorney and/or collection agency.
All photos are the property of their respective photographers, used with permission: Bert Pohl, James Bass, Edges Photo, Solas Studios, ReBecca McManus. All other content (c) 2012 DJ By Design, All Rights Reserved