1. The Purchaser hereby engages the DJ to provide a DJ Service.
2. Precision Sound hereby agrees to provide a DJ Service for the Purchaser at the submitted location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. Precision Sound hereby agrees to render his professional services and is at all times to have complete control of his program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted.
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 $200.00, is required to secure the services of Precision Sound for the engagement. This amount shall be applied toward the Performance Fee and the balance is due 2 weeks prior to the event and payable in cash, cashier’s check, money order or personal check made payable to your Performing DJ.
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 Precision Sound to find replacement entertainment at the agreed upon fees. Should Precision Sound be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, Precision Sound's liability shall be exclusively limited to an amount equal to the performance fee and that Precision Sound 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 Precision Sound 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 Performance Fee as liquidated damages plus a reasonable attorney's fee (if applicable).
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, Precision Sound'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 Precision Sound staff or any equipment in Precision Sound's possession, Precision Sound 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), Precision Sound 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 Precision Sound resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Precision Sound reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Purchaser shall provide Precision Sound with safe and appropriate working conditions. This includes a 10-foot by 8-foot area for setup, space for setting up speakers and lighting stands. Precision Sound 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. 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 and use of electric power.
The Purchaser shall at all times have complete control, direction and supervision of the performance of Precision Sound at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of Precision Sound. A written event/music planner or music request list must be received from the Purchaser and forwarded to Precision Sound at least two weeks prior to the date of the engagement for it to be included in Precision Sound's programming guidelines. With or without the aid of an event/music planner or music request list, Precision Sound shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. Precision Sound 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, Precision Sound 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 Precision Sound. Purchaser shall be charged $50 for each non-sufficient funds check plus a $50 service charge for each collection notice.
This agreement guarantees that Precision Sound will be ready to perform at the start time of the engagement. No guarantee is made as to Precision Sound's time of arrival; however, Precision Sound requests that they be permitted 60 minutes before the engagement and 60 minutes after the engagement for setup and takedown. Precision Sound 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 $100. If Purchaser or venue requires Precision Sound 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 $150 per hour.
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.
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 and endorsed hereon.
The laws of the State of Indiana shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Lake County. Purchaser agrees to defend, indemnify, assume liability for and hold Precision Sound harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Precision Sound 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 Precision Sound. This agreement is not binding until a retainer fee is received from Purchaser. Any changes must be written and signed by both the Purchaser and Precision Sound. 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.
Precision Sound may elect not to exercise their rights as specified in this agreement. By doing so, Precision Sound 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.