DJ Ken Stone Terms Of Service
Client designates a sole person with authority to give directions to The DJ with respect to music selection, volume control, announcements, and breaks, if any.
This agreement, between DJ Ken Stone herein after referred to as the DJ, and the client are both jointly and separately responsible for total contract execution. In consideration of the mutual covenants herein contained, and other good and valuable consideration, The DJ and the Client hereto agree as follows:
The DJ will supply a complete sound system, which will be set up and tested prior to the event.
The client shall provide The DJ with safe and appropriate working conditions. Client will supply a location with ample space for the setup of The DJ’s equipment two hours prior to start time of the event and allow for two hours of take-down time at the end of the event. This includes approximately an 8-foot by 8-foot flat level area for setup, space for setting up speakers and lighting stands.
For outdoor performances, the client shall provide overhead shelter with protection from sun and or rain for The DJ, The DJ’s equipment and recordings. The size of overhead shelter will be no less than 8′ x 8′. The DJ agrees to keep the set-up area under his direct control and will maintain a general liability insurance policy.
The client shall provide crowd control if warranted.
Client will provide a grounded (15 amp minimum) electrical outlet to which no other equipment has been connected (dedicated circuit), this circuit must be free of all other connected loads, within 50 feet (along the wall) of the set-up area. Any delay in the performance or damage to The DJ’s equipment due to improper power is the responsibility of the client. The DJ is not responsible for electrical power problems which may hinder the performance or render inoperable the sound and or lighting equipment.
Client will arrange for a parking space for unloading and loading of The DJ’s equipment and also a parking space for The DJ’s vehicle during the event.
The 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.
Client agrees to complete the online Event Planner and Song List ( available online at http://my.DJKenStone.com/client ) no less than two weeks prior to the event date. With or without the aid of an event/music planner or music request list, The DJ shall attempt to play the client’s and client’s guests’ music requests but shall not be held responsible if certain selections are unavailable. The DJ will make an extra effort to have music requests available if they are received at least two weeks prior to the event date.
In the event of non-payment, The DJ retains the right to cancel or to attempt collection through the courts and or third party collection agents. The client will be held responsible for all court fees, legal fees, and collection costs incurred by The DJ. The client shall be charged the cost to The DJ for each bounced check plus any service charges The DJ incurs for sending collection notices. Accounts beyond 30 days past due will be turned over for collection in the total of amout past due plus collection fees.
If the event is delayed as a result of The DJ’s late arrival, then Client has the option to either extend the show by the time delay, or to reduce the fee on a pro rata basis according to the time lost. Except to the extent of compensation previously paid by Client under this Contract, The DJ is not responsible for an inability to perform due to accident, injury, equipment failure, or other condition reasonably beyond The DJ’s control.
If The DJ experiences an equipment breakdown and is not able to finish the show, the fee will be paid on a pro rata basis determined by the length of playing time. This will not apply in the case of damage to The DJ’s equipment that is caused by persons or incidents at the event. The DJ cannot be responsible for electrical problems or power failures, unless they are directly caused by The DJ’s actions.
The Client will indemnify, defend, and hold The DJ (and his employees, contractors, agents, and representatives) harmless from all actions, proceedings, claims, demands, liabilities, losses, judgments, damages, penalties, or expenses, of whatever kind, including interest, attorneys’ fees, court costs, and other reasonable costs and charges resulting from the negligence or intentional misconduct of the Client or third parties involved with or present at the event, including guests and venue staff. To cover any such claims, the Client may obtain a single event liability insurance policy.
It is hereby further agreed; that the client shall be held liable for any injury or damages to The DJ, or property of The DJ, while on the premises of the event, if damage is caused by the client or guest, members of clients’ organization, event invitees, employees, or any other party in attendance, whether invited or not.
It is understood that this is a “Rain or Shine” event, The DJ’s compensation is in no way affected by inclement weather. 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.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to The DJ staff or any equipment in The DJ’s possession, The DJ reserves the right to cease performance. If the client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), The DJ shall resume performance in accordance with the original terms of this agreement. The client shall be responsible for payment in full, regardless of whether the situation is resolved or whether The DJ resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, The DJ reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
No performance of the event 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 The DJ relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the client and guests only. The DJ owns the rights to any photographs, video, and audio recordings of the DJs performance which the DJ may use for marketing purposes.
All deposits are non refundable unless The DJ cancels the event.
In consideration for the services provided, Client agrees to pay The DJ by check, credit card, Paypal or in cash. All checks are to be made payable to DJ Ken Stone. Failure to pay the balance due on the date set forth by The DJ will be cause to terminate this contract without refund of any monies paid such as the deposit.
Should The DJ become seriously ill or injured, suffer catastrophic equipment loss, death of a loved one or other extraordinary unforeseen acts of God, nature and/or fate, the The DJ agrees to take prudent action, circumstances permitting, to provide the Client with an alternative DJ, services, or a full refund of all payments.
This Contract constitutes the entire understanding between the parties, and there are not covenants, promises, representations, or warranties other than as set forth herein. No modification of its terms will be valid unless they are recorded in a written instrument signed by both parties. In the event any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect. In the event of breach of Contract, a court may award attorney fees, court costs and related expenses to the prevailing party.
The Client agrees that any and all modifications to any portion of this contract by the Client must be submitted in writing, be approved in writing, and must be signed by The DJ or the modifications are invalid and nonbinding.
This contract contains all the agreements by the parties hereto. There are no promises, agreements, terms, or conditions other than those contained herein. This agreement will apply to and bind all parties, and may not be assigned or transferred by either party.