The contracted agreement between PARTIES: My Custom DJ and, The Purchaser, are subject to the following terms and conditions:
The Purchaser hereby agrees to pay to the DJ the following consideration in order to secure the services of My Custom DJ for the date of the engagement as outlined herein: A non-refundable reservation fee of $97.00.
This amount shall be applied toward the Performance Fee.
The Performance Fee (including the cost of the above selected items and quoted travel fee) is payable up to 24 hours prior to the engagement. Services requested that exceed the four-hour time frame will be charged at the rate of $100 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 paying time will be accommodated.
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 My Custom DJ to find a replacement entertainment at the agreed upon fees. Should My Custom DJ be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, My Custom DJ’s liability shall be exclusively limited to an amount equal to the performance fee and that My Custom DJ shall not be liable for indirect or consequential damages arising from any breach of contract.
All deposits are non refundable 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 My Custom 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. My Custom DJ holds the right to capture pictures and videotape during the performance for the sole purpose of acquiring new prospective clients. My Custom DJ does not disclose any private, personal, sensitive, and/or confidential information regarding clients or prospective clients.
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, My Custom 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 My Custom DJ staff or any equipment in My Custom Dj possession, My Custom 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), My Custom 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 My Custom DJ resumes performances. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, My Custom DJ reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Purchaser shall provide My Custom DJ with safe and appropriate working conditions This includes at least a 12-foot by 6-foot area for setup, space for setting up speakers and lighting stands. My custom DJ 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 are required 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 My Custom Dj at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of My Custom DJ. A submitted event/music planing outline must be received from the Purchaser and forwarded to My Custom DJ at least two weeks prior to the date of the engagement for it to be included in My Custom DJ programming guidelines. With or without the aid of an event/music planner or music request list, My Custom DJ shall attempt to play Purchaser’s and Purchaser’s guests’ music requests but shall not be held responsible if certain selections are unavailable. My Custom DJ will make an extra effort to have music requests available if they are received two weeks prior to the engagement.
In the event of non-payment, My Custom DJ 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 My Custom DJ. Purchaser shall be charged $25 for each bounced check plus $7.50 service charge for each collection notice.
This agreement guarantees that My Custom DJ will be ready to perform at the start time of the engagement. No guarantee is made as to My Custom DJ’s time of arrival; however, My Custom DJ requests that they be permitted 180 minutes before the engagement and 60 minutes after the engagement for setup and takedown. My Custom DJ 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 per hour. If Purchaser or venue requires My Custom DJ to complete setup more than one and a half hours (90 minutes) before the start time, or to postpone takedown more than half hour after end time indicated, the additional time will be charged at the rate of $50.00 per half hour.
Engagements within the Powell Wyoming area (plus 10 miles outside city limits) will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $0.70 per mile in excess of 25 miles.
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, is 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.
The laws of the State of Wyoming shall govern this agreement. In the event or suit involving or relating to this agreement, Purchaser agrees that the venue will be in Park County. Purchaser agrees to defend, indemnify, assume liability for and hold My Custom DJ harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to My Custom DJ 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 My Custom DJ. This agreement is not binding until signed by both Purchaser and My Custom DJ, and My Custom DJ has received it. Any changes must be written and signed by both the Purchaser and My Custom DJ. 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.
My Custom DJ may elect not to exercise their rights as specified in this agreement. By doing so, My Custom DJ 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.
