[ Your Company Name]
I. AGREEMENT ("Agreement") made as of «ContSent», by and between «Ms» «ClientFirst» «ClientLast» , residing at «ClientAdd1»«ClientAdd2», «ClientCity» «ClientST» «ClientZIP» and «Mr»«GroomFirst» «GroomLast» residing at «GroomAdd1» «GroomAdd2», «GroomCity» «GroomST» «GroomZIP» , who both understand and agree to be jointly and severally responsible for the performance of this contract (hereafter referred to as the "CUSTOMER") and [
your company name] having a business address at [
your business address] (hereinafter referred to as "CCENT").
NOTE: CCENT is my company name. Substitute yours where ever CCENT is used.]
II. Reservation Of Date Requested. The CUSTOMER hereby requests, and CCENT hereby agrees, that upon the CUSTOMER’s payment of the First Payment (hereafter defined) and subject to the other terms of this Agreement, the CUSTOMER shall have an exclusive reservation for the CCENT on
«Date» (hereafter, the “Reserved Date”) from
«Time» to
«DoneBy» (hereafter, the “Reserved Time”) at
«Loc» located at «LocAdd1» «LocCity», «LocST» «LocZIP» (hereafter, the “Venue”, the “Reserved Date”, “Reserved Time” and the “Venue” collectively the “Event”) at which date, time and location, the CCENT will provide the CUSTOMER musical entertainment and/or other services as mutually agreed upon at their «Type».
III. Mutual Considerations. In mutual consideration for the CUSTOMER’s execution of this Agreement and payment of any and all fees specified herein, CCENT agrees to place a hold on the Reserved Date and Reserved Time and agrees to not accept a substitute customer for the Reserved Date or Reserved Time until such time that this Agreement has been terminated.
IV. Effective Date. The parties agree that this Agreement shall not have any force or effect until the CUSTOMER and CCENT have duly executed this Agreement and the CUSTOMER has remitted to CCENT the First Payment in accordance with Article IV herein.
V. Fee Schedule. The CUSTOMER agrees to pay CCENT a total fee of «Tot» for CCENT’s services at the Event (the “Total Payment”). The Total Payment shall be paid as follows:
a. «Dep» (the “First Payment”) is due and payable simultaneously with the execution of this Agreement in the form of a money order or a certified bank check at or before 4:00 pm on
«ContDue». In CCENT’s sole discretion, CCENT may accept payment by personal check or cash. PayPal and/or credit cards are not accepted as a valid form of payment.
The parties acknowledge and agree that the First Payment is non-refundable.
b. «Bal» (the “Balance Payment”) representing the balance of the Payment, due and payable on or before 4:00 p.m. on
«PayBy» in the form of a money order or a certified bank check. In CCENT’s sole discretion, CCENT may accept payment by personal check or cash. PayPal and/or credit cards are not accepted as a valid form of payment.
The parties acknowledge and agree that the Balance Payment, once remitted, is a non-refundable payment.
c. A $30.00 fee will be charged for any checks returned for insufficient funds regardless of the reason, cause, or Agreement status.
d. Neither the First Payment nor the Balance Payment, when paid, is transferable or assignable by the CUSTOMER.
VI. Additional Time. The parties agree that CCENT is being contracted with respect to the Reserved Date and the Reserved Time. Notwithstanding the foregoing, in the event that CCENT, the CUSTOMER and a representative of the event venue unanimously approve additional reserved time i.e. an extended performance time beyond the contracted hours, the CUSTOMER agrees to pay the CCENT $150.00 for each half hour of extra time, in cash only, payable in full prior to the commencement of the additional service time.
VII. Default – Failure to Pay Service Fee. In the event that the CUSTOMER fails to timely remit any portion of the Total Payment, inclusive of the Fuel Surcharge, in accordance with this Agreement, the CUSTOMER shall be deemed in default of this Agreement regardless of whether CCENT notifies the CUSTOMER of such default. Failure of the CUSTOMER to cure a default concerning the payment of the Total Payment on the due date for such fee (see V. Fee Schedule) shall allow CCENT to terminate this Agreement, relieving CCENT from any and all contractual obligations under this Agreement including, but not limited to, terminating the CUSTOMER’s exclusive reservation of CCENT’s on the Reserved Date and Reserved Time.
VIII. Fuel Surcharge. The parties acknowledge and agree that in the event that the Event requires CCENT to have round-trip travel of over 100 miles, a fuel surcharge of 25 cents per mile will be applied and added to the Total Payment. For purposes of this paragraph, the mileage round trip total distance from CCENT’s address, as listed in this Agreement’s preamble, to the Venue will be determined by GPS coordinates or a legitimate mapping service.
IX. Additional Fees. The CUSTOMER agrees to provide or pay for all necessary authorizations, facility or management gratuities, licenses, union labor fees, drayage, parking permits or daily storage fees, and other fees or charges as may be required or mandated by the facility, union, local, state, and/or federal regulations, codes, or laws as required to fulfill the terms of this Agreement.
X. Access to the Venue. The CUSTOMER must ensure and provide CCENT immediate, free, public, unencumbered, and non-hazardous access into, through, and out of the parking area, facility, and workspace. CCENT reserves all rights to delay or discontinue setup and/or performance until all access or set up hazards, encumbrances, unforeseen union, drayage, and/or management fees or surcharges, weather-related hazards, code violations, safety issues, and/or environmental conditions until such issues are cleared, paid, removed, and/or resolved.
XI. Electrical Requirements. The CUSTOMER agrees that they will ensure that CCENT will be provided with one 115 volt 20 amp duplex-grounded electrical outlet at the Venue and that the circuit will be free of any additional connected electrical devices. In addition, the CUSTOMER will ensure that floor outlets will be protected and covered to be hazard free and that any extension cords will be located and positioned within ten feet of CCENT’s setup. CUSTOMER provided extension cords (whether by the CUSTOMER or arranged through the Venue operator) must be minimally 3 –conductor 14-gauge wire, shall not exceed 25 feet in length and must be safely installed, attached, and secured in advance of CCENT’s arrival.
XII. CCENT’s Workspace. The CUSTOMER agrees that it will ensure that CCENT is provided a workspace with dimensions not less than 8 feet deep and 10 feet wide.
For outdoor events only, the CUSTOMER must provide the CCENT a platform, stage, or riser, the minimum dimensions being 10 feet deep, 12 feet wide, and 4 or more inches tall, and shall provide complete protection from all weather-related elements such as, but not limited to, wind, water, and sun, from overhead, underneath, and all sides.
XIII. Insurance Requirement. The CCENT agrees to keep the area under his direct control and supervision safe and will maintain a general liability insurance policy that names or includes the facility as co-insured.
XIV. Production and Presentation. CCENT shall retain exclusive rights over the event production and presentation, including but not limited to, the details, means, and methods of his services except as agreed upon by CCENT and the CUSTOMER. Should the CUSTOMER enlist, retain, or employ any services such as, but not limited to family member(s), friend(s), bridal consultants, event planners, consultants, or facility coordinators who will exercise partial or full control of CCENT’s setup location, presentational content, programming, timing, or any music selections, then the CUSTOMER hereby releases and indemnifies CCENT from all implied or specific CCENT guarantees.
XV. Injury to CCENT or Property of CCENT. The CUSTOMER is responsible and liable for the results and costs of, any/all injury or damage by them, the CUSTOMER’s guest and/or CUSTOMER’s agents, to CCENTs person, equipment, vehicles, and peripherals while setting up, during and leaving this event. If CCENT deems any circumstance to present a threat or implied threat of harm to CCENT or the property of CCENT, CCENT may cease the performance. The CUSTOMER will remain responsible for CCENT’s compensation regardless of resumption of performance or complete shutdown for said safety reasons.
XVI. Use of CCENT Property. Connection or use by the CUSTOMER, guests, vendors, or facility of internal, external input or output devices, or any guest, facility, and/or agent provided media or equipment of any kind, into or out of the CCENT’s equipment is strictly prohibited.
XVII. Customer Provided Media - CCENT must receive any CUSTOMER-requested media no later than 45 days in advance of the Reserved Date. The CCENT is not responsible for event day onsite CUSTOMER-provided materials.
XVIII. Reproduction or Dissemination of Work Product. CCENT’s performance and services are for the personal private enjoyment of the CUSTOMER. Any public or commercial use of any and all photographs, videos, or recordings of the CCENT and his performance and services without the expressed written consent of the CCENT, is strictly prohibited.
XIX. Conditions At The Event. Notwithstanding the foregoing, the Customer acknowledges and agrees that for the purposes of sections X, XI, XII, XIV, XVI, XVII, and XVIII, the CUSTOMER shall be responsible for the actions of all vendors hired by the CUSTOMERS for the Event, including but not limited to vendors hired by the Event venue or guests attending the event.
XX. An inability for CCENT to Perform. Should CCENT become seriously ill or injured, suffer catastrophic equipment loss, suffer a death of an immediate family member, or in the event of any other extraordinary act of God, nature, or fate, CCENT agrees to notify the CUSTOMER at CCENT’s earliest convenience and to take prudent and prompt action to provide the CUSTOMER with alternative DJs, or, the CUSTOMER may accept a refund of all portions of the Total Payment remitted to CCENT, less specific costs of materials expended leading up to the CUSTOMERs event date. In either event, the Parties agree that CCENT will be released from any other obligations under the Agreement.
XXI. Termination of Agreement. Should the CUSTOMER constitute more than one individual, each individual must sign this Agreement and each party shall be joint and severally responsible for the CUSTOMER’s obligations under this Agreement. Notwithstanding the foregoing, either individual constituting the CUSTOMER may request to terminate this Agreement independent of the other party, and such independent request for Agreement termination, once approved by the CCENT in writing, shall release CCENT from any and further obligations to the terms of this Agreement.
XXII. Parties to the Agreement. The parties acknowledge and agree that they are the sole parties to this Agreement regardless of the source of funds used to satisfy the payments as required by this Agreement.
XXIII. Expiration of Guarantees. Any and all specific and/or implied guarantees shall expire twenty-four hours from the conclusion of the event.
XXIV. Modification of Agreement. The CUSTOMER and CCENT agree that no modification or waiver of any provision of this Agreement shall be binding on any party unless made in writing and executed and acknowledged with the same degree of formality as this Agreement.
XXV. Damages Against CCENT. The parties acknowledge and agree that the maximum contract liability of the CCENT under this Agreement shall not exceed any portion of the total payments actually remitted by CUSTOMER to CCENT.
XXVI. Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions hereof shall nonetheless continue in full force and effect.
XXVI. Situs of Agreement. This Agreement shall be governed and construed in all respects and exclusively in accordance with the laws of the State of New York.
XXVIII. Indemnification. The CUSTOMER agrees to indemnify, defend, and hold CCENT harmless from any and all claims, demands, losses, suits, proceedings, penalties, expenses, or other liabilities, including attorney fees and court costs, arising out of or resulting from the performance of this agreement except as provided herein.
XXIX. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no promises, terms, conditions, representations, warranties, undertakings, covenants or understandings by either party to the other, except as expressly set forth in this Agreement. Neither party has relied on any promises or representation not contained herein in entering into this Agreement.
Signature:
X______________________________________________________ Dated:
X_________________
«Ms» «ClientFirst» «ClientLast» (CUSTOMER)
Signature:
X______________________________________________________ Dated:
X_________________
«Mr» «GroomFirst» «GroomLast» (CUSTOMER)
Signature:
_______________________________________________________ Dated:
_______________
(Your Name)
