I was STUNNED!

To many ads? Support ODJT and see no ads!

SpinCin

DJ Extraordinaire
ODJT Supporter
Mar 15, 2008
307
252
Chicago
www.angelswithanedge.com
I've provided DJ services for one of the 55+ communities in my area. 3 times and for various "neighborhoods" in those communities.
A month ago, another neighborhood activity person contacts me about wanting my services for their summer picnic.
100 people, couple of hours, maybe run a sing a long. It was a good conversation and I email him my contract. (Tigger helped me tweak it awhile ago so I know it's good)
Yesterday, via snail mail, my contract is returned, filled in and signed, along with an ENTERTAINMENT AGREEMENT from the 55+ Master Association, that they want me to
fill in and sign. Here's how it's worded......
1. ENTERTAINER must be fully insured. ENTERTAINER must provide as proof of insurance, a copy of Certificate of Insurance naming 55+ association, it's board of directors and their
PROPERTY MANAGEMENT COMPANY as additional insured AND INCLUDE General Liability, Auto Liability and Workmen's Compensation. (my service is consists of me and my EX)


2. MASTER ASSOCIATION is not responsible for any damages or injuries to ENTERTAINER, it's employees, agents or subcontractors while preparing for, DURING or AS A RESULT OF THE FUNCTION. ENTERTAINER agrees to hold MASTER ASSOCIATION and each of their respective officers, directors and agents harmless of any and all claims of damage or injury
arising or associated with the use of the Premises.

And here's the one that really made me sit down....

4. ENTERTAINER is responsible for all facilities it uses. ANY pre-existing damage to the facilities used by ENTERTAINER such as chips, stains, broken equipment, etc. must be noted and acknowledged in writing prior to the function. Barring any written notice to the contrary, it is agreed that the facilities are undamaged and clean prior to
ENTERTAINER'S use of the facilities.


Yes, I have liability and in the past have added their association as "additional insured" for the event.
So to me, what they are saying - provide services at our facilities at your own risk. We will not be responsible for the condition of our facility or anything that happens there.
Me on the other hand, will be responsible for ANYTHING.and EVERYTHING.
I called my contact and read this document to him. He gave me the impression that he had not read it - I don't believe it. I also informed him I would not sign it and therefore could not provide services for their event. He is calling the Master Association about it and will call me back sometime today.

Anyone else ever have a similar situation? How did you handle it??

JEEEEEEZZZZ
 
Well if it were me I would pass on the event. The things I don't like are that if there's any damage to us in anyway the client isn't responsible. That's total BS to me. Our contract stipulates that if any one of us gets injured or any gear due to a guest or a client at the event, the client is responsible for any damages.

This thing about if the person hired to do the event damages anything in the bathroom or anything else on the property they are responsible. All this sounds like issues they had in the past with other vendors. I doubt you or the person helping you would damage anything.
 
  • Like
Reactions: dunlopj
Maybe it's just me but I don't actually see much wrong with this... with perhaps one exception. Just about all high end venues around here require copy of insurance, along with being additionally insured, and if it's just a rented hall with outside caterers or they're not providing anything other than the space, that it's corporation is not directly responsible for the actions of others. The language makes it seem as if they just don't want the officers/agents of the association responsible for actions of the guests. It doesn't mean if a guest knocks over your speaker you can't go after the guest... just not after the association directly. Again... that is common.

The only one I kinda have an issue with is the last one... depending on its interpretation. It's common sense that I'm responsible if I cause any damage that was not there to THE AREAS I"M ASSOCIATED WITH... for example if I tape the wall and it's damaged... that's on me. If i scratch the floor with my equipment... that's on me. But if something happens in the opposite corner of the facility that I never even went near... well that's not on me. So if upon arrival my defined space is clear and that's all I'm responsible for... then ok I can make that work.
 
  • Like
Reactions: dunlopj and Ausumm
I'm guessing this is what, a $300-$500 booking?
Yup. that LOW.
I have liability insurance and have no problem naming the facility and management company as an additional insured party.
Ironically, one of my past clients at this same facility JUST called me about an 11/18 date. I did explain to her what is currently happening and she is also stunned But, she has had recent issues with the Master Association. Something about the Master Association wanting the caterers to have specific liability insurance just to drive on the property and deliver the food to her HOME. So now, there's another neighborhood association involved.
 
Last edited:
I've provided DJ services for one of the 55+ communities in my area. 3 times and for various "neighborhoods" in those communities.
A month ago, another neighborhood activity person contacts me about wanting my services for their summer picnic.
100 people, couple of hours, maybe run a sing a long. It was a good conversation and I email him my contract. (Tigger helped me tweak it awhile ago so I know it's good)
Yesterday, via snail mail, my contract is returned, filled in and signed, along with an ENTERTAINMENT AGREEMENT from the 55+ Master Association, that they want me to
fill in and sign. Here's how it's worded......
1. ENTERTAINER must be fully insured. ENTERTAINER must provide as proof of insurance, a copy of Certificate of Insurance naming 55+ association, it's board of directors and their
PROPERTY MANAGEMENT COMPANY as additional insured AND INCLUDE General Liability, Auto Liability and Workmen's Compensation. (my service is consists of me and my EX)


2. MASTER ASSOCIATION is not responsible for any damages or injuries to ENTERTAINER, it's employees, agents or subcontractors while preparing for, DURING or AS A RESULT OF THE FUNCTION. ENTERTAINER agrees to hold MASTER ASSOCIATION and each of their respective officers, directors and agents harmless of any and all claims of damage or injury
arising or associated with the use of the Premises.

And here's the one that really made me sit down....

4. ENTERTAINER is responsible for all facilities it uses. ANY pre-existing damage to the facilities used by ENTERTAINER such as chips, stains, broken equipment, etc. must be noted and acknowledged in writing prior to the function. Barring any written notice to the contrary, it is agreed that the facilities are undamaged and clean prior to
ENTERTAINER'S use of the facilities.


Yes, I have liability and in the past have added their association as "additional insured" for the event.
So to me, what they are saying - provide services at our facilities at your own risk. We will not be responsible for the condition of our facility or anything that happens there.
Me on the other hand, will be responsible for ANYTHING.and EVERYTHING.
I called my contact and read this document to him. He gave me the impression that he had not read it - I don't believe it. I also informed him I would not sign it and therefore could not provide services for their event. He is calling the Master Association about it and will call me back sometime today.

Anyone else ever have a similar situation? How did you handle it??

JEEEEEEZZZZ

Yeah hard pass for me. The Workmans comp would be enough to count me out I work for me I can't be covered by Comp. Number 4 is FAR to wide a net to work with . From a literal basis you sign that and the dishwasher breaks it's your responsibility. Far fetched? Maybe but people have been sued for less
 
A few years ago, I had a lead from Gig Masters that showed up front with all the people giving them a quote these items were required in order to work on the property. It was almost THE SAME word for word as this is! I guess these associations use the same lawyers! This was for a community party in a community made of DOUBLE WIDE and SINGLE WIDE modular homes. I have worked in high end expensive communities and never had to sign such a document at all!

Anyway, their budget was $300 too! I didn't bother with it. I would not have even got it booked any way. I would have charged at least $600 to do it at the time.
 
I'm really kinda shocked how few of you come across this. #4 needs clarification on the language, but I've seen those general items pretty often... just with more specificities such as "tape on the wall resulting in damage will be subject to repair costs... scratches caused by dj equipment to wooden floor will be subject to refinishing costs... venue is not responsible in case of power outages... dj's can't drink alcohol. Some require all wires to be taped down with gaffer tape... one says if the dj doesn't have gaffer tape, a roll can be supplied for $50. Seen all of these.

As far as workmens comp. If you're the owner you're not required in most states to have it and a venue can't expect you to have it if it's just you. However, if you don't have workers comp for employees then you're likely running afoul of the state laws, let alone the venue's rules.
 
I think you are digging too deep into item 4. In plain terms they want the area you setup in the same way it was before & after, that’s it, not the whole venue. I’d have them verify that.as most contracts are generated by corporate who use lawyers payed to make things complex with legalese. I’ve heard of DJs damaging venue with fog, sparks, tape, scratched walls & etc.. At one venue the elevator was damaged which caused them to not allow DJ to use the elevator. Of course I don’t/can’t carry stuff up so the client worked with the venue. They had a large dumbwaiter for the staff, I got permission to use that.
Find out what the problem is, get clarification, then act. Just make sure you have insurance because contract or not you can be sued by the venue or the guests. Most of the time when sometimes does happen they sue everyone. Venue,DJ & etc
 
  • Like
Reactions: ittigger
I'm really kinda shocked how few of you come across this. #4 needs clarification on the language, but I've seen those general items pretty often... just with more specificities such as "tape on the wall resulting in damage will be subject to repair costs... scratches caused by dj equipment to wooden floor will be subject to refinishing costs... venue is not responsible in case of power outages... dj's can't drink alcohol. Some require all wires to be taped down with gaffer tape... one says if the dj doesn't have gaffer tape, a roll can be supplied for $50. Seen all of these.

As far as workmens comp. If you're the owner you're not required in most states to have it and a venue can't expect you to have it if it's just you. However, if you don't have workers comp for employees then you're likely running afoul of the state laws, let alone the venue's rules.
Let me say was to be extra careful with our gear because for me my gear is more important than the venue. So I don't want to cause any damage to the venue because that may possibly mean damage to our gear.
 
Just make sure you have insurance because contract or not you can be sued by the venue or the guests. Most of the time when sometimes does happen they sue everyone. Venue,DJ & etc
Yep - that's the whole idea of liability insurance. Everyone gets named in a lawsuit.
I have been providing DJ services in the Chicago area since 1991 at venues from the Chicago Hilton to The Donald Stephenson Convention Center in Rosemont and have never seen this agreement.
And yes Ricky B, I am assuming that the same lawyers work for these associations.
FYI - my contact at the +55 community said he had his "lawyer friend" go over the agreement. His lawyer friend said "oh yes, this is correct and spot on - for someone entertaining at the UNITED CENTER" where the Bulls and Blackhawks play and hold major concerts. Think Taylor Swift, Rolling Stones, etc.

I can understand God and everyone not wanting to be responsible for anything that happens as a result of the EVENT/FUNCTION.
Anything that results from use of the Premises? They should be responsible for the condition of their facility. Stuff breaks and/or wears out. The association hires the management company to take care of those things. That is there job. Likewise, I am NOT RESPONSIBLE for what the event/function guests do to that facility while they are there.

And hey - MY CONTRACT states that the event planner/client needs to contact/arrange with the facility the time I will arrive and set up, as well as any special instructions for load in, setup and load out. Said contract also has them fill in the name and phone number of their contact at the facility. Of course I call them myself - LOL.