Please, print these terms for future reference.
eBOOKING and Client Communication: All communication between PJ the DJ Entertainment, clients, and prospective clients shall be transmitted online via e-mail and electronic information forms. Such communication methods are mandatory in order to maintain the integrity of the electronic booking system. Accordingly, this written form of online communication shall be held legally binding in the court of law. Telephone communication shall only be used in extreme cases including emergency bookings and unforeseen circumstances. There shall be no exceptions.
Acceptance to book PJ the DJ Entertainment: Acceptance to formally book PJ the DJ Entertainment includes (and is not limited to) the following methods of agreement: An e-mail in response to a verbal or written (e-mail) offer. A telephone call in response to an offer. Verbal agreement to an offer. Written acceptance to book PJ the DJ Entertainment.
Offers to book PJ the DJ Entertainment are not valid to individuals under the age of twenty-one (21). By accepting an offer to book PJ the DJ Entertainment, the purchaser agrees to the following Terms and Conditions: PJ the DJ Entertainment Booking Terms and Conditions:
Liability:
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 twenty-one (21) 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.
Payment:
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: The individual entity, agent, and/or representative from whom the initial reservation payment is made shall be considered the executor of said contract and will be held legally responsible for the remaining payments.
All deposits are nonrefundable. Purchaser agrees that full payment of the balance must be received prior to the contracted start-time of the engagement. In the event of non-payment by the conclusion of the event, PJ the DJ Entertainment 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 PJ the DJ Entertainment. Purchaser shall be charged $25 for each bounced check plus a $10.00 service charge for each collection notice. Services requested that exceed the time frame will be charged at the rate of $200.00 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 playing time will be accommodated.
Travel:
Engagements within Mercer County, New Jersey will not be assessed a travel charge. Services requiring travel outside of this area will be charged at the agreed upon rate in the final agreement. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for PJ the DJ Entertainment to be provided by Purchaser.
Facility Requirements:
Purchaser shall provide PJ the DJ Entertainment with safe and appropriate working conditions. This includes a 15-foot by 15-foot area for setup, space for setting up speakers and lighting stands. This space shall be located directly adjacent to the proposed dance floor. PJ the DJ Entertainment requires a minimum of two separate 15-20-amp circuit outlets from a reliable power source within 30 feet (along the wall) of the set-up area. These circuits 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. Three circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting are required. Purchaser is responsible for inspecting the venue for the required elements before booking PJ the DJ Entertainment. The Purchaser is also required to inform PJ the DJ Entertainment of any stairs, elevators, stages, and/or hazards before booking. Purchaser shall furnish directions to the 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, security, and fire marshal if necessary (for use of fog and haze).
Set-up and Take-down:
This agreement guarantees that By PJ the DJ Entertainment will be ready to perform at the start time of the engagement. No guarantee is made as to PJ the DJ Entertainment’s time of arrival; however, PJ the DJ Entertainment requests that they be permitted 90 minutes before the engagement and 90 minutes after the engagement for setup and takedown. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs, loaded into an elevator, or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00 per obstacle. If Purchaser or venue requires PJ the DJ Entertainment 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 $25.00 per half-hour. Photos and Video:
PJ the DJ Entertainment reserves the right to utilize any and all video and photography taken at the engagement for the purpose of marketing. The means of marketing include (and are not limited to): website advertisement, printed publication, and multi-media presentation. Thus, it is permissible to use video and/or photographs of adults as well as minors in such marketing material. It is understood that it is the purchaser's responsibility to make his or her guests aware of this policy. Therefore, PJ the DJ Entertainment shall not be held responsible for using this material without the written or verbal consent of the individual guest. Replacement Entertainment:
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, illness, injury, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made PJ the DJ Entertainment to find replacement entertainment at the agreed upon fees. Should PJ the DJ Entertainment be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, PJ the DJ Entertainment liability shall be exclusively limited to an amount equal to the performance fee and that PJ the DJ Entertainment 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. The non-refundable deposit is kept by the DJ in consideration of the reduced time to re-book the date.
Recording and Taping:
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 PJ the DJ Entertainment 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.
Breach of Contract:
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 in the final agreement of booking as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee.
Injury Damage and/or Theft:
It is hereby further agreed; that the Purchaser shall be held liable for any injury to the DJ, injury to entertainment staff, theft and/or damage to property of the DJ, while on the premises of said engagement, if caused by the Purchaser, a guest, engagement invitees, employees, venue, any other party in attendance (whether invited or not). Purchaser shall provide crowd control and/or security if warranted. The Purchaser shall also be held accountable for providing security during the loading and unloading of equipment.
Weather:
It is understood that if this is a "Rain or Shine" event, PJ the DJ Entertainment compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area, unless otherwise agreed upon in writing. 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.
Illegal Substances or Activity:
PJ the DJ Entertainment reserves the right to stop or cancel the performance should there be illegal substances or activity present during the engagement. In the event of circumstances deemed to present a threat or implied threat of injury or harm to PJ the DJ Entertainment staff or any equipment in PJ the DJ Entertainment’s possession, PJ the DJ Entertainment reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 10 minutes), PJ the DJ Entertainment 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 PJ the DJ Entertainment resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, PJ the DJ Entertainment reserves the right to deny any guest access to the sound system, music recordings, or other equipment. Purchaser shall provide crowd control and/or security if warranted
Music Requests:
The Purchaser shall at all times have complete control, direction, and supervision of the performance of PJ the DJ Entertainment at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of PJ the DJ Entertainment. A written event/music planner or music request list must be received from the Purchaser and forwarded to PJ the DJ Entertainment at least one week prior to the date of the engagement for it to be included in PJ the DJ Entertainment programming guidelines. With or without the aid of an event/music planner or music request list, PJ the DJ Entertainment shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. PJ the DJ Entertainment will make an extra effort to have music requests available if they are received IN WRITING (via the Purchaser's online client account) at least two weeks prior to the engagement.
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 New Jersey shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Mercer County. Purchaser agrees to defend, indemnify, assume liability for, and hold PJ the DJ Entertainment harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to PJ the DJ Entertainment’s 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 PJ the DJ Entertainment. This agreement is not binding until signed by both Purchaser and PJ the DJ Entertainment has received it. Any changes must be written and signed by both the Purchaser and PJ the DJ Entertainment. 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.
PJ the DJ Entertainment may elect not to exercise their rights as specified in this agreement. By doing so, PJ the DJ Entertainment does not waive their right to exercise those options at a future date. |