Breach Of Contract Question.
- Thread starter ahoustondj
- Start date
They might not expect but if you can, wow! I had two wedding that had blackouts, many years ago. I entertain then both until the power resumed. We sang, we danced, we parties. And to this day they all remember what a unique time we had. As we always do in the fire service, we improvise. Now that's entertainment.
That is why you are at the top of the pile of DJs Cap.
This is part of my pre-event walk through with the venue. What is you policy if there is a total loss of power to the venue? If I am able to run on batteries or a generator, will the event be allowed to continue?
The resounding answer I have been given is "no." Once the venue is on emergency lighting, the guests must evacuate the building. Perhaps this is a local building code?
In any event, I no longer guard against a total power failure...since that will stop the event regardless of my ability to continue. I do have a battery backup that will keep the laptop, hard drives, mixer and mics alive. The amps are a different story.
BTW, I love those little Honda generators...I rent them for outdoor events several times a year.
That's the beauty of powered speaker systems - your back-up is built-in. To cover mixer/deck failure I carry a cd-mix2.... it takes up no space and is always ready to go with practically zero setup time.
Can't get more efficient and expedient a backup than that!
I have wired mics if wireless goes down, etc.
I don't have a single mention of back-up equipment in my contract, though if they explicitly ask I will tell them it's available and have no problem writing it in by-hand as a line-item if they do.
Here's my Terms and Conditions with some clauses that address these items and others:
Our Terms And Conditions
1. The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of terrorism, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by DJ to find replacement entertainments services for the agreed upon fees. Should DJ be unable to procure such replacement, Client shall receive a full refund of all deposits and/or payments previously received.
2. In the event that DJ cancels the engagement, all reasonable efforts will be made by DJ to find replacement entertainments services for the agreed upon fees. Should DJ be unable to procure such replacement, Client shall receive a full refund of all deposits and/or payments previously received.
3. Client agrees that in all circumstances, DJ liability shall be exclusively limited to an amount equal to the amount of the Performance Fee, and that DJ shall not be liable for indirect or consequential damages arising from breach of contract. 3. In the event of non-payment, DJ retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by DJ. Client shall be charged $30 for each bounced check plus a $10 service charge for each collection notice.
4. No performance by the DJ shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or by any means whatsoever, in the absence of a specific written agreement with 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.
5. It is further hereby agreed; that the Client shall be held liable for any injury to the DJ and staff, and/or damages to the equipment or property of the DJ, while on the premises of said engagement, if damage is caused by Client or guest(s), members of his/her organization, engagement invitees, employees, or any other party in attendance, regardless of whether or not their attendance was authorized.
6. It is understood that if the performance of the DJ is to be located in the outdoors (a “Rain or Shine” event), DJ compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. (See #8 below) In the event that Client does not/cannot provide such shelter, and such is deemed necessary by DJ, DJ may provide said coverage at owner’s expense, if any is incurred. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to himself, the equipment used, or the audience/attendees present at the event. In such a case, 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.
7. In the event of circumstances deemed to present a threat or implied threat of injury or harm to DJ staff or any equipment in the DJ’s possession, DJ reserves the right to cease performance. If the Client is able to resolve the threatening situation within a reasonable amount of time (maximum of 30 minutes), DJ shall resume performance in accordance with the original terms and conditions of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved, or whether DJ resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending his performance, DJ reserves the right to deny any individual other than himself access to the sound system, music recordings, or any other equipment in his possession.
8. Client shall provide DJ with safe and appropriate working conditions. This includes, but is not limited to, a 6-foot by 6-foot area for setup, space for setting up speakers and/or lighting stands, and adequate space for any other equipment that is necessary for the successful performance of the services being provided. DJ requires a MINIMUM of one 15-20 amp circuit outlet from a reliable power source within 50 feet (along the wall) of the setup area. This circuit must be free of all other connected loads. Any delay in the performance or damage to the 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. Client shall provide crowd control if warranted; and furnish directions to place of engagement. 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 marshall if necessary.
9. A completed EVENT PLANNER form (or written equivalent) must be received from the Client at LEAST two weeks prior to the event in order for special musical or other program material desired or requested to be included in the performance at the event. With or without the aid of a completed EVENT PLANNER form (or written equivalent), DJ shall attempt to play the requests of the Client and their guests; however, shall not be held responsible if certain selections are unavailable. In the event that the DJ’s musical library does not include special requests made in the EVENT PLANNER form, every reasonable effort will be made by DJ to acquire specific material for the performance at no charge to the Client*, provided the EVENT PLANNER was returned to DJ in a timely manner as defined above. *In most all cases, special musical or other program material will be acquired at no expense to the Client unless otherwise specified. In such cases, client will be notified prior to the acquisition of said materials, and applicable charges will be agreed upon before proceeding. In the event that the requested materials cannot be procured, DJ shall not be held responsible. Client’s/guest’s musical material may be included in the performance at the sole discretion of the DJ; however, DJ assumes no responsibility or liability for the quality, playability, or lack thereof, of the material(s) provided.
10. Client certifies that all applicable entertainment permits for the event are up-to-date, and agrees to show copies thereof to DJ upon demand.
11. This agreement guarantees that DJ will be ready to perform at the start time of the engagement, provided that all responsibilities of the Client outlined herein have been fulfilled. No guarantee is made as to DJ’s time of arrival; however, DJ requires that they be permitted the setup and teardown times specified on the reverse side of this agreement. DJ service also requests ramp or elevator access between the parking/service entrance and the setup area. If the event requires setup or teardown in less time than specified, or if equipment must be carried upstairs or lifted onto a stage to reach the setup area, additional labor will be charged at a flat rate of $50. If Client or event requires DJ to complete setup more than one hour before the start time, or to postpone takedown time more than one hour after the end time indicated, the additional time will be charged at the rate of $50 per half-hour. DJ will not leave equipment and/or program materials unattended, and must be granted full and unrestricted access to the same before, during, and after the event. If the nature of the event itself, the policies/procedures of the venue, or any other circumstances require that program materials and/or equipment be left unattended for any amount of time, DJ must be notified prior to access being restricted. Failure to provide said notice could result in placing the safety of the program materials and/or equipment, as well as the safety of individuals at risk.
12. “Additional performance time,” as used herein, is defined as actual DJ performance time beyond and in addition to the specified amount of performance time agreed upon in this agreement, whether before or after the start or end times noted herein. Additional performance time will be billed at the rate indicated in the schedule of fees located on the reverse side of this agreement. No guarantee is made as to the ability of the DJ to provide Additional Performance Time, but every reasonable effort will be made by DJ to accommodate the need and/or request for such. The DJ’s compensation will not be affected by the inability to provide Additional Performance Time, regardless of reason.
13. Additional miscellaneous charges and/or fees that may be incurred above and beyond the Performance Fee, according to the Terms and Conditions contained herein, including but not limited to Additional Performance Time, will be considered PAYABLE IN FULL at the end of the event. THERE ARE NO EXCEPTIONS unless other arrangements are indicated on the reverse side of this contract and are agreed to and initialed by both parties.
14. Events requiring travel outside of our primary service area will be charged at $0.50 per mile in excess of 30 miles. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for DJ at Client’s expense.
15. By executing this contract as Client, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he/she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he/she has the authority to enter into this agreement and should he/she not have such authority, he/she personally accepts and assumes full responsibility and liability under the terms of this contract.
16. 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 constitutes the sole and only agreement between the parties hereto and currently sets forth the rights, duties, and obligations of each to the other, as of this date. Any prior statements, agreements, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not expressly set forth in this agreement, are of no force and effect and shall not be considered valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
17. Client agrees to defend, indemnify, assume responsibility for and hold DJ harmless from any claims, damages, losses, and expenses by or to any person, regardless of the basis, which pertain directly or indirectly to 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. Client may not transfer this contract to another party without the prior written consent of the DJ.
18. This agreement is not binding until signed by both Client and DJ, and by signing, each party certifies that they have received a completed copy of it. Any changes must be written and signed by both the Client and the 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.
19. DJ may elect not to exercise their rights as specified in this agreement. By doing so, DJ does not waive their right to exercise those options at a future date.
20. The laws of the State of California shall govern this agreement. In the event of a lawsuit involving or relating to this agreement, Client agrees that the venue will be in Placer County.
Can't get more efficient and expedient a backup than that!
I have wired mics if wireless goes down, etc.
I don't have a single mention of back-up equipment in my contract, though if they explicitly ask I will tell them it's available and have no problem writing it in by-hand as a line-item if they do.
Here's my Terms and Conditions with some clauses that address these items and others:
Our Terms And Conditions
1. The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of terrorism, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by DJ to find replacement entertainments services for the agreed upon fees. Should DJ be unable to procure such replacement, Client shall receive a full refund of all deposits and/or payments previously received.
2. In the event that DJ cancels the engagement, all reasonable efforts will be made by DJ to find replacement entertainments services for the agreed upon fees. Should DJ be unable to procure such replacement, Client shall receive a full refund of all deposits and/or payments previously received.
3. Client agrees that in all circumstances, DJ liability shall be exclusively limited to an amount equal to the amount of the Performance Fee, and that DJ shall not be liable for indirect or consequential damages arising from breach of contract. 3. In the event of non-payment, DJ retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by DJ. Client shall be charged $30 for each bounced check plus a $10 service charge for each collection notice.
4. No performance by the DJ shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or by any means whatsoever, in the absence of a specific written agreement with 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.
5. It is further hereby agreed; that the Client shall be held liable for any injury to the DJ and staff, and/or damages to the equipment or property of the DJ, while on the premises of said engagement, if damage is caused by Client or guest(s), members of his/her organization, engagement invitees, employees, or any other party in attendance, regardless of whether or not their attendance was authorized.
6. It is understood that if the performance of the DJ is to be located in the outdoors (a “Rain or Shine” event), DJ compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. (See #8 below) In the event that Client does not/cannot provide such shelter, and such is deemed necessary by DJ, DJ may provide said coverage at owner’s expense, if any is incurred. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to himself, the equipment used, or the audience/attendees present at the event. In such a case, 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.
7. In the event of circumstances deemed to present a threat or implied threat of injury or harm to DJ staff or any equipment in the DJ’s possession, DJ reserves the right to cease performance. If the Client is able to resolve the threatening situation within a reasonable amount of time (maximum of 30 minutes), DJ shall resume performance in accordance with the original terms and conditions of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved, or whether DJ resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending his performance, DJ reserves the right to deny any individual other than himself access to the sound system, music recordings, or any other equipment in his possession.
8. Client shall provide DJ with safe and appropriate working conditions. This includes, but is not limited to, a 6-foot by 6-foot area for setup, space for setting up speakers and/or lighting stands, and adequate space for any other equipment that is necessary for the successful performance of the services being provided. DJ requires a MINIMUM of one 15-20 amp circuit outlet from a reliable power source within 50 feet (along the wall) of the setup area. This circuit must be free of all other connected loads. Any delay in the performance or damage to the 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. Client shall provide crowd control if warranted; and furnish directions to place of engagement. 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 marshall if necessary.
9. A completed EVENT PLANNER form (or written equivalent) must be received from the Client at LEAST two weeks prior to the event in order for special musical or other program material desired or requested to be included in the performance at the event. With or without the aid of a completed EVENT PLANNER form (or written equivalent), DJ shall attempt to play the requests of the Client and their guests; however, shall not be held responsible if certain selections are unavailable. In the event that the DJ’s musical library does not include special requests made in the EVENT PLANNER form, every reasonable effort will be made by DJ to acquire specific material for the performance at no charge to the Client*, provided the EVENT PLANNER was returned to DJ in a timely manner as defined above. *In most all cases, special musical or other program material will be acquired at no expense to the Client unless otherwise specified. In such cases, client will be notified prior to the acquisition of said materials, and applicable charges will be agreed upon before proceeding. In the event that the requested materials cannot be procured, DJ shall not be held responsible. Client’s/guest’s musical material may be included in the performance at the sole discretion of the DJ; however, DJ assumes no responsibility or liability for the quality, playability, or lack thereof, of the material(s) provided.
10. Client certifies that all applicable entertainment permits for the event are up-to-date, and agrees to show copies thereof to DJ upon demand.
11. This agreement guarantees that DJ will be ready to perform at the start time of the engagement, provided that all responsibilities of the Client outlined herein have been fulfilled. No guarantee is made as to DJ’s time of arrival; however, DJ requires that they be permitted the setup and teardown times specified on the reverse side of this agreement. DJ service also requests ramp or elevator access between the parking/service entrance and the setup area. If the event requires setup or teardown in less time than specified, or if equipment must be carried upstairs or lifted onto a stage to reach the setup area, additional labor will be charged at a flat rate of $50. If Client or event requires DJ to complete setup more than one hour before the start time, or to postpone takedown time more than one hour after the end time indicated, the additional time will be charged at the rate of $50 per half-hour. DJ will not leave equipment and/or program materials unattended, and must be granted full and unrestricted access to the same before, during, and after the event. If the nature of the event itself, the policies/procedures of the venue, or any other circumstances require that program materials and/or equipment be left unattended for any amount of time, DJ must be notified prior to access being restricted. Failure to provide said notice could result in placing the safety of the program materials and/or equipment, as well as the safety of individuals at risk.
12. “Additional performance time,” as used herein, is defined as actual DJ performance time beyond and in addition to the specified amount of performance time agreed upon in this agreement, whether before or after the start or end times noted herein. Additional performance time will be billed at the rate indicated in the schedule of fees located on the reverse side of this agreement. No guarantee is made as to the ability of the DJ to provide Additional Performance Time, but every reasonable effort will be made by DJ to accommodate the need and/or request for such. The DJ’s compensation will not be affected by the inability to provide Additional Performance Time, regardless of reason.
13. Additional miscellaneous charges and/or fees that may be incurred above and beyond the Performance Fee, according to the Terms and Conditions contained herein, including but not limited to Additional Performance Time, will be considered PAYABLE IN FULL at the end of the event. THERE ARE NO EXCEPTIONS unless other arrangements are indicated on the reverse side of this contract and are agreed to and initialed by both parties.
14. Events requiring travel outside of our primary service area will be charged at $0.50 per mile in excess of 30 miles. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for DJ at Client’s expense.
15. By executing this contract as Client, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he/she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he/she has the authority to enter into this agreement and should he/she not have such authority, he/she personally accepts and assumes full responsibility and liability under the terms of this contract.
16. 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 constitutes the sole and only agreement between the parties hereto and currently sets forth the rights, duties, and obligations of each to the other, as of this date. Any prior statements, agreements, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not expressly set forth in this agreement, are of no force and effect and shall not be considered valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
17. Client agrees to defend, indemnify, assume responsibility for and hold DJ harmless from any claims, damages, losses, and expenses by or to any person, regardless of the basis, which pertain directly or indirectly to 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. Client may not transfer this contract to another party without the prior written consent of the DJ.
18. This agreement is not binding until signed by both Client and DJ, and by signing, each party certifies that they have received a completed copy of it. Any changes must be written and signed by both the Client and the 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.
19. DJ may elect not to exercise their rights as specified in this agreement. By doing so, DJ does not waive their right to exercise those options at a future date.
20. The laws of the State of California shall govern this agreement. In the event of a lawsuit involving or relating to this agreement, Client agrees that the venue will be in Placer County.
Good Gawd Almighty! Are we buying/selling the Empire State Building here?
Hey - do you want to be covered or not?
This occupies the rear-side of my legal-sized carbonless-duplicate contract.
The front references the Terms and Conditions (see reverse).
Hey - do you want to be covered or not?
For 31 years I have been covered. But this got to be over kill! Measurements of space and everything else, come on. Anyways my friend that is YOUR business not mine! To each his own.
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
LOL..... Would someone who thought they were adequately covered have started a thread with that question...
You stated yourself that on rare occasion you do events without contracts at all. How covered are you then?
Besides, there is no thing as "too much" protection - only not enough.
You're right though.... to each of us his own!
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
as I have said before (this is repeating again lol)
You do it your way and I'll do it mine
whatever works for you then go for it...
You do it your way and I'll do it mine
whatever works for you then go for it...
LOL..... someone who was ADEQUATELY covered wouldn't have started a thread with that question...
You stated yourself that on rare occasion you do events without contracts at all. How covered are you then?
You're right though.... to each of us his own!
I was curious to hear what others bring along as backup equipment. The ones with whom I do not have written contracts are the ones who personally know me and I know them. I am going to a Client later on this evening to take an Agreement because she is willing to PrePay for a discount. Since I'll have her money before the date its only fair that she has something in writing which obligates me to be there to deliver a performance.
Good enough! The way it started, and was worded though, it seemed to be more of a hypothetical situation regarding back-up equipment, and it's repercussions contractually speaking.
Most of the life of the thread from that point went pretty much down that path too.
Cool. I've done that too as long as you don't think there'll be any foolishness rock on!
I have done that before too.
Good man!
You could not be more wrong.
1. Even local bands that I went on regional tours with always have backup guitars, snare drums, etc. Heck the kids that play at the church I do lights for bring two or three guitars, extra snares, extra basses, etc.
2. When I rent equipment out I either warn the client of no backup (and they have the option of signing somewhere else and I would not blame them at all) or I provide at least one back up for every type of unit in the rig.
3. When I was a computer tech I always had a backup HDD, video card, sound card, etc in my car.
I hold others to the standard I live up to. It is a standard I would hold any DJ/entertainer/rental company to.
Mike
See that earns you at least an extra C note at the end of the night in my book.
Mike
G
Guest
Guest
Cap,
Thank you for the accolade, but that was a long time ago and a couple of lessons well learned! It is hard to swallow that much work for no money and it made me a lot more diligent to detail from that point on.
No doubt many of us have had similar instances that will stay with us throughout our careers... What is important is that you always recognize them and learn from them.
Far too many will just claim to be a victim of circumstances and for "some reason" the same problems or kinds of problems will "just seem" to continuously plague them for lord knows how long!
Obviously you folks don't live in podunk Elkhart.... I've seen what passes for live entertainers in my area... if they can fit extra gear in their mini-vans and small trailors I wonder how they'd drive to a gig...
I have no doubt that the higher paid acts do in fact carry extra gear, but they ain't doin' weddin's and stuff in this area... they are workin the big clubs.
But, that's not the point.
· Any package purchased with additional hours or overtime the Company will only be obligated to perform up to the time allotted. If for any reason the event should end prior to the allotted time the event is considered complete and the Company will have no further liability or responsibility under this agreement.
· The agreement of the Company for performance is subject to detention by sickness, accident, act of God or conditions beyond the Company’s control. If such an event prevents the Company from performing, any monies already paid less the Booking Fee will be refunded to the Purchaser and the Company will have no further liability or responsibility under this agreement.
· Purchaser and the Company further agree that, except as provided in the paragraph above, this agreement is not subject to cancellations unless both parties hereto have agreed to such cancellation in writing and such cancellation is delivered to the Company at least ninety (90) days prior to the event date.
· For the true and faithful performance of all the covenants and agreements herein mentioned, the Purchaser and the Company bind themselves each unto the other in the penal sum of the amount set forth in this agreement as liquidated damages to be paid by the failing party.
· This instrument contains the entire agreement between the parties and no oral statements, promises or inducements made by any party hereto or agent or representative of either party hereto, which is not contained in this written agreement, shall be valid or binding and this agreement shall not be enlarged, modified, or altered except in writing, signed by the parties and endorsed herein.
· The person executing this agreement on behalf of each party represents and warrants that he or she is of legal age and has the authority to enter into this agreement. Should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability for payment to the Company under the terms of the agreement.
· Party of the second part shall be responsible for supervising the behavior of people attending the performance. If guest’s behavior becomes intolerable, and after calling this to the attention of the second party and said condition is not corrected, party of the first part has the right to end the performance without refund.
· Costs of repair or replacement of equipment as a result of audience action, theft, or fire in the venue is the responsibility of the Purchaser.
· Purchaser and the Company agree that receipt of this signed agreement and commencement of performance shall be confirmation of all terms of the agreement and shall be binding on all parties.
So there ya have it folks... aside from the 30 day no cancel policy which is stated in another portion of the contract this is it.... no tricks no hidden agenda and no promise of backup gear.
I have no doubt that the higher paid acts do in fact carry extra gear, but they ain't doin' weddin's and stuff in this area... they are workin the big clubs.
But, that's not the point.
Terms of Service
· Any package purchased with additional hours or overtime the Company will only be obligated to perform up to the time allotted. If for any reason the event should end prior to the allotted time the event is considered complete and the Company will have no further liability or responsibility under this agreement.
· The agreement of the Company for performance is subject to detention by sickness, accident, act of God or conditions beyond the Company’s control. If such an event prevents the Company from performing, any monies already paid less the Booking Fee will be refunded to the Purchaser and the Company will have no further liability or responsibility under this agreement.
· Purchaser and the Company further agree that, except as provided in the paragraph above, this agreement is not subject to cancellations unless both parties hereto have agreed to such cancellation in writing and such cancellation is delivered to the Company at least ninety (90) days prior to the event date.
· For the true and faithful performance of all the covenants and agreements herein mentioned, the Purchaser and the Company bind themselves each unto the other in the penal sum of the amount set forth in this agreement as liquidated damages to be paid by the failing party.
· This instrument contains the entire agreement between the parties and no oral statements, promises or inducements made by any party hereto or agent or representative of either party hereto, which is not contained in this written agreement, shall be valid or binding and this agreement shall not be enlarged, modified, or altered except in writing, signed by the parties and endorsed herein.
· The person executing this agreement on behalf of each party represents and warrants that he or she is of legal age and has the authority to enter into this agreement. Should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability for payment to the Company under the terms of the agreement.
· Party of the second part shall be responsible for supervising the behavior of people attending the performance. If guest’s behavior becomes intolerable, and after calling this to the attention of the second party and said condition is not corrected, party of the first part has the right to end the performance without refund.
· Costs of repair or replacement of equipment as a result of audience action, theft, or fire in the venue is the responsibility of the Purchaser.
· Purchaser and the Company agree that receipt of this signed agreement and commencement of performance shall be confirmation of all terms of the agreement and shall be binding on all parties.
So there ya have it folks... aside from the 30 day no cancel policy which is stated in another portion of the contract this is it.... no tricks no hidden agenda and no promise of backup gear.
Which is totally your right to put in the contract. Of course it is the clients right not to sign (which I wouldn't).
Mike
Mike
Now obviously I do have a back up plan... from (or well I did have extra PC) to redundancy in the sound system itself.... I can sucessfully complete any gig on just one Bose stick... if I had to.
Responses above are in Red. This thread is very interesting. I learned some things that I know I'll never do and a few that I will. I must say that there are a lot of "does not apply", "gray areas", ambiguous meanings" and "redundancy" in some of the above contracts. I think that they are too confusing and if i was a client, I would make revisions or just reject them. Were these "Contracts" drawn up by attorneys? Just curious!