17
JAN
2014
JAN
2014
0
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This agreement between the undersigned Purchaser of entertainment and Miami DJs. A non-refundable reservation fee is required to secure Miami DJs services for the event. This amount shall be subtracted from the service fee. The remaining balance of the service fee must be paid in full before the start of your event (unless other arrangements are accepted by Miami DJs in writing). Any payments received less than 2 weeks before the event must be by cash, certified check, or corporate check. Personal checks are accepted up to 2 weeks before the event. All checks shall be made payable to Miami DJs. 8. In the event that Miami DJs fails to meet any conditions of this contract or of Miami DJs Service Guarantee, Purchaser may request a full or partial refund of fees paid to Miami DJs. Such a request must be presented in writing and must include an explanation of the reason(s) for dissatisfaction, suggestion(s) for how Miami DJs may avoid repeating the problem(s) in the future, and the dollar amount of the refund the Purchaser is seeking. Miami DJs agrees to honor qualified refund requests except when caused by Miami DJs’ compliance with other terms of this contract, by Purchaser’s failure to comply with the terms of this contract, or by problems with equipment or facilities that are not provided by Miami DJs. 9. The Purchaser reserves the right to control the manner, means and details of the performance of services by Miami DJs at this event. Miami DJs must receive a written event planner or music request list prior to the event for it to be included in Miami DJs’ programming guidelines. With or without a planner or request list, Miami DJs shall attempt to play Purchaser’s and Purchaser’s guests’ music requests but shall not be held responsible if certain selections are unavailable. Miami DJs may (at its discretion) buy a limited amount of additional music to satisfy Purchaser’s requests, provided that the music requests are received by Miami DJs in writing at least one month prior to the event. Miami DJs reserves the right to censor music requests that Miami DJs deems offensive or inappropriate for the event Miami DJs also reserves the right to choose the sequence of songs played for the good of the majority and the flow of the event. 10. This agreement of Miami DJs to perform shall be excused by detention of personnel by sickness, accidents, riots, strikes, epidemics, acts of God, Force Majure or any other legitimate condition beyond Miami DJs’s control. If such circumstances arise, all reasonable efforts will be made by Miami DJs to find comparable replacement entertainment at the agreed upon fees. Should Miami DJs be unable to procure a replacement, Purchaser shall receive a full refund of all fees paid to Miami DJs. Purchaser agrees that in all such circumstances, Miami DJs’ liability shall be exclusively limited to refunding the fees paid and that 1 Miami DJs shall not be liable for indirect or consequential damages arising from any breach of contract. 11. In the event of non-payment, Miami DJs retains the right to attempt collection through the Miami-Dade County courts. Purchaser will be responsible for all court fees, legal fees, and collection costs incurred by Miami DJs. Purchaser shall be charged $30 for each bounced check plus a $10 service charge for each collection notice. Past-due balances will incur interest at the rate of 2% for each month in which the balance is outstanding. 12. Purchaser will take reasonable steps to protect Miami DJs’ personnel, equipment and music and during the contracted period. In the event of injuries or damages resulting from insufficient protection on Purchaser’s part (except in the case of gross negligence on the part of Miami DJs), Purchaser will be responsible for paying for all of Miami DJs’ resulting costs (including insurance deductibles, medical treatment, and repair or replacement of damaged music and equipment) that are not reimbursed by insurance. 13. This agreementcannot be canceled except by mutual written consent of both the Purchaser and Miami DJs. If cancellation is initiated by the Purchaser in writing and agreed to by Miami DJs in writing, Purchaser will be required to pay (in addition to the reservation fee) any unrecoverable costs already incurred by Miami DJs (but not more than the total fee agreed upon). Otherwise Purchaser shall be obligated to make full payment of the total fee agreed upon. 14. The amount agreed upon and shown in line 6 above applies to the times set forth in line 5 of this agreement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated. This agreement guarantees that Miami DJs will be ready to perform at the start time of the event. No guarantee is made as to Miami DJs’ time of arrival; however, Miami DJs requests that they be permitted 2 hours before the start time and 2 hours after the end time for setup and takedown. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage or carried across a lawn or moved over 500 feet to reach the setup area, additional road hands may be required at the published rates effective on the date this contract is signed. 15. In the event of circumstances deemed by Miami DJs to present a threat or implied threat of injury or harm to Miami DJs’s staff or any equipment in Miami DJs’ possession, Miami DJs reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Miami DJs 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 Miami DJs resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Miami DJs reserves the right to deny any guest access to the sound system, music recordings, or other equipment. 16. Purchaser shall provide Miami DJs with safe and appropriate working conditions. This includes, but is not limited to, sufficient space next to the dance floor (if any) for Miami DJs’ setup(s); a 120-volt electric outlet (3-prong grounded with at least 15 amps available) from a reliable power source near the set-up area, additional electric outlets on SEPARATE circuits for lighting (if contracted for); facilities that completely cover and protect Miami DJs’ equipment from adverse weather conditions (direct sunlight, rain, excessive winds, etc.); crowd control if warranted; directions to place of event; and free parking suitable for a 7 foot tall full size van. At least two weeks before the event, Purchaser should provide Miami DJs with floor plans showing the complete setup of all areas used by the event. Purchaser accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. 17. Except as otherwise noted below, Miami DJs will provide all of the sound and lighting equipment that it needs to fulfill this agreement. Miami DJs will NOT use or operate sound or lighting equipment provided by Purchaser, Venue, or Purchaser’s vendors UNLESS it is explicitly noted below. In any event, Miami DJs will 2 not be responsible for any failures in or caused by equipment that is not provided by Miami DJs. 18. Purchaser shall pay any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, ASCAP/BMI/SESAC entertainment fees (for public events), overtime before or after the event utilized by Miami DJs for setting up and taking down equipment. 19. The laws of FL State shall govern this agreement. Venue for any legal proceedings brought in connection with this contract shall be Miami-Dade County, FL. 20. Purchaser agrees to defend, indemnify, assume liability for and hold Miami DJs harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the performance of this contract, regardless of the basis (except for gross negligence on the part of Miami DJs) 21. Purchaser may not transfer this contract to another party without the prior written consent of Miami DJs 22. This agreement is not binding until received and signed by Miami DJs. Any changes must be written and signed by both the Purchaser and Miami DJs. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Purchaser and Miami DJs for the event listed above. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. 23. Miami DJs may elect not to exercise rights specified in this agreement. By doing so, Miami DJs does not waive their right to exercise those rights at a future date.