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DEFINITIONS

In this document, the following definitions apply:

 

  • “The Service Provider” means Chidzytainment

  • “The Client” means any persons placing order for any services/products offered by the Service Provider.

  • “Contracting party” means the any persons benefiting from the contractual agreement between “The Client” and “The Service Provider”. This may include but is not limited to guests, members of their organization, engagement invitees, employees, or any other party in attendance.

  • “The Parties” refers to “The Service Provider” and “The Client”

  • “The Service” or “Performance” means DJ services

  • “Service Package” means the chosen combination of services offered at a set price

  • “The Service Fee” means the cost of the “Service Package” for the time frame outlined.

  • "Rain or Shine" event means outdoor events

 

Terms and conditions of Chidzytainment

 

WITNESSETH NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:


1.Booking and Provision of Service

 

1.1 Upon accepting the booking “The Service Provider” hereby agrees to provide a DJ Service for “The Client” at the location provided and agreed upon by both “The Client” and “The Service Provider”.

 

1.2 “The Client” hereby agree that the DJ Service shall be provided and accepted on the agreed Date & Time (Fill in the details at the bottom of this document).


1.3  “The Service” shall consist primarily of providing musical entertainment by means of a recorded music format.

1.4 “The Service Provider” hereby agrees to render professional services and is at all times to have complete control of the program.

 

1.5 “The Client” shall not record, reproduce, or transmit any part of the performance in any manner, or any means whatsoever for public use, in the absence of a specific written agreement between “The Client” and “The Service Provider”. Pictures and video recordings of the event are permitted for the private use of the “Contracting Party” only.

 

 

 

1.6 In order for “The Service Provider” to fulfil their contractual responsibilities, “ The Client” must make the following available:

 

  • “The Service Provider” requests that they be permitted 45 minutes minimum before the engagement and 45 minutes after the engagement for setup and takedown. “The Service Provider” 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 upstairs or lifted onto a stage to reach the setup area, additional labour will be charged at the rate of £50.00.

 

  • “The Client”  shall provide “The Service Provider” 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.

 

  • “The Service Provider” 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 Client . Two circuits are preferred, where possible. Additional outlets on separate circuits for lighting (if contracted for) are required.

 

  • A written event/music planner or music request list must be made available by “The Client”  to “The Service Provider” at least two weeks prior to the date of the event. With or without the aid of an event/music planner or music request list “The Service Provider” shall attempt to play music requests made by “The Client” and/or “Contracting Party”.  However, “The Service Provider” shall not be held responsible if certain selections are unavailable.

 

  • For outdoor performances, “The Client”  shall provide overhead shelter for setup area. “The Service Provider” 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 Service Provider” compensation will not be affected by such cancellation.

 

  • In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, “The Service Provider” reserves the right to deny any guest access to the sound system or other equipment.


 

2.Payments and Deposit

 

2. Upon mutual agreement on the “Service Package” to be purchased, “The Client” in consideration hereby agrees to pay “The Service Provider” the following considerations:
 

2.1 A non-refundable reservation fee of half of the agreed price. This is required to secure the services of “The Service Provider”. This amount shall be applied toward the Performance Fee.

 

2.2 Full payment should be made to “The Service Provider” via bank transfer, 7 days prior to the event.

 

2.3 It is understood that if this is a "Rain or Shine" event, “The Service Provider” compensation is in no way affected by inclement weather.

 

2.4 Engagements within a 65 mile radius of DN20 8PY will not be assessed a travel charge. Services requiring travel outside of this area will be charged at £0.50 per mile. Engagements in excess of 80 miles will require accommodation for an overnight stay in a local hotel/B&B to be provided by “The Client”. Engagements in excess of 100 miles may require accommodation for two nights stay, the night before the event and the night of the event.

 

2.5“The Client”  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).
 

2.6 “The Client “may not always be able to foresee and provide additional performance time, however, when possible, requests for extended service hours should be made in advance. Were possible, “The Service Provider will accommodate “The Clients’” request at an extra cost of £15.00 per hour.

 

2.7 An additional charge at the rate of £25.00 per hour, in addition of the agreed price will be applied for additional Service hours exceeding 00.00hrs/12am.

 

2.8 In the event of non-payment, “The Service Provider” retains the right to attempt collection through the courts. “The Client” will be held responsible for all court fees, legal fees, and collection costs incurred by the  “The Service Provider”.


3. Cancellation policy

 

3.1 “The Client” and “The Service Provider” agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing.

 

3.2 If “The Client” cancels, the deposit is non-refundable.

 

4. Mitigating Circumstances and Liability
 

4.1 The ability of “The Service Provider” to perform is subject to proven detention by accidents, riots, strikes, epidemics/pandemics , “Acts of God”, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by “The Service Provider” find replacement entertainment at the agreed upon fees. Should “The Service Provider” be unable to procure a replacement, “The Client” shall receive a refund of the Service fee, minus the deposit.

 

4.2 “The Client” agrees that in all circumstances, including indirect or consequential damages arising from any breach of contract by “The Service Provider”, the cost of the damage will be assessed and “The Service Provider’s” liability shall be exclusively limited to the amount equal to 25% of the performance fee.

 

4.3 It is hereby further agreed that “The Client” shall be held liable for any injury or damages to “The Service Provider” and/or their property, whilst on the premises of the event, if the damage is caused by “ The Client”  or “ The Contracting Party”.

 

4.4 In the event of circumstances deemed to present a threat or implied threat of injury or harm to “The Service Provider” staff or any equipment in to “The Service Provider” Service possession, “The Service Provider” 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), “The Service Provider” shall resume performance in accordance with the original terms of this agreement. “The Client” shall be responsible for payment in full, regardless of whether the situation is resolved or not.

 

4.5 In the event that “The Client” breaches the contract, they shall pay “The Service Provider” the amount set forth above as “The Service Fee” as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee in case of court proceedings.

 

“The Service Provider” may elect not to exercise their rights as specified in this agreement. By doing so “The Service Provider” does not waiver their right to exercise those options at a future date.


Declaration

 

By executing this contract as “The Client”, the persons either individually; or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age. Furthermore, by  executing said contract, “The Client” assumes full responsibility and liability under the terms of this contract.

All attached riders are an integral part of this contract. Oral agreements are non-binding. 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 either party hereto, agent or representative, 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 Parties” hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.


 

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©2018 by Chidzytainment.