A PARTY TIME
1. Parties: This agreement is for personal services of one Disc Jockey ("DJ") as described below,
between «Cust Name» ("Purchaser") and A Party Time Mobile DJ.
2. Performance:
Title: «Perf Title»
Date: «Perf Date» Start Time: End Time:
Location ("Venue"): «Perf Location»
«
«Perf Address»
«Perf C/S/Z»
3. A Party Time Mobile DJ Responsibilities:
Purchaser
shall at all times have complete control, direction and supervision of
Performance. Purchaser expressly reserves the right to control the
manner, means, and details of Performance. A written event/music
planner or music request list must be received by Party Time at least
two weeks prior to the date of Performance in order to be included in
the programming guidelines. With or without the aid of an event/music
planner or music request list, DJ shall attempt to play Purchaser's and
Purchaser's guests' music requests, but shall not be held responsible
if certain selections are unavailable. Party Time will make an extra
effort to have music requests available if they are received by Party
Time in writing at least two weeks prior to Performance.
4. Purchaser Responsibilities:
4a.
Purchaser will make Venue available to DJ for at least 60 minutes
before the Start Time, for setup of the equipment and materials.
Purchaser will make Venue available to DJ for at least 60 minutes after
the End Time, for takedown of the equipment and materials.
4b. If
possible, Purchaser will provide elevator or ramp access between the
parking/service entrance and the setup area. If that is not possible,
additional labor will be charged at the rate of $ 75.00 per hour.
4c.
Purchaser will provide Party Time with a safe and appropriate working
environment. This includes but is not limited to: a secure and sturdy 6
foot long set-up table; a standard 120-volt grounded 3-prong outlet
with at least 15 amps available, from a reliable power source within 25
feet of the set-up area; a facility that completely covers and protects
Party Time's equipment and materials from adverse weather conditions
(e.g., direct sunlight, rain, excessive
winds); crowd control if
warranted; and directions to Venue and free parking. Purchaser accepts
full responsibility and is liable for any damages, injuries, or delays
that occur as a result of failure to comply with this provision.
4d.
Purchaser will take reasonable steps to protect Party Time's equipment,
materials and personnel during Performance, setup and takedown. Any
damages incurred due to lack of reasonable protection on Purchaser's
part (except in the case of gross negligence or willful malfeasance by
DJ) will be payable by Purchaser to the extent of repair or replacement
of damaged equipment, materials, and all costs of medical treatment.
4e.
Purchaser is responsible for all charges imposed by Venue. These
charges may include, but are not limited to, parking, use of electric
power, elevators, fire marshal, and the time before and after
Performance used by Party Time for setting up and taking down equipment.
5. Time and Payment:
5a.
The total amount due ("Performance Fee") is $«Price» . Purchaser shall
pay a non-refundable Reservation Fee of $100 upon signing this
agreement. Performance Fee due will be reduced by the paid amount of
the Reservation Fee. The Purchaser shall pay Party Time any balance due
before the Performance begins.
5b. Performance Fee applies only to
Start Time through End Time as specified above. Purchaser and Party
Time may mutually agree to extend the Performance beyond the time
specified above, at the rate of $75 per hour, billed in one-hour
increments. There will be a 10-minute grace
period before overtime is incurred for any one-hour period. All
provisions of this agreement shall continue to apply during any such
extension of Performance.
5c. In the event of non-payment or
incomplete payment, Party Time retains the right to attempt collection
through the court system. Purchaser will be held responsible for all
court fees, legal fees, and collection costs incurred by Party Time.
Purchaser shall be charged $20 for each bounced check, in addition to a
$7.50 service charge for each collection notice.
6. Termination:
6a.
This agreement cannot be canceled except by mutual written consent of
both Purchaser and Party Time. If cancellation is initiated by the
Purchaser in writing and agreed to by Party Time, Purchaser will
forfeit retainer. Party Time will hold your retainer for a future
booking up to 1yr. Otherwise, Purchaser shall be obligated to make full payment of the total
Performance Fee.
6b.
This agreement shall be excused by detention of DJ by sickness,
accidents, riots, strikes, epidemics, acts of God, or any other
legitimate condition beyond DJ's control. If such circumstances arise,
Party Time will make all reasonable efforts to find a replacement DJ at
the agreed-upon fees. Should Party Time be unable to procure such a DJ,
Purchaser shall receive a full and prompt refund of all fees paid,
including the Reservation Fee. Purchaser
agrees that under all circumstances, Party Time's liability shall be
exclusively limited to an amount not to exceed the Performance
Fee, and that Party Time shall not be liable for indirect or consequential damages arising from any breach of contract.
7. Miscellaneous:
7a. Purchaser may not transfer this contract to another party without the prior written consent of Party Time.
7b.
This agreement is not binding until received and signed by Party Time.
Any changes must be written and signed by both Purchaser and Party
Time. 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.
7c.
Party Time may elect not to exercise some rights as specified in this
agreement. By doing so, Party Time does not waive the right to exercise
those rights subsequently.
7d. This agreement shall be governed by the laws of the State of
7e.
In the event of circumstances deemed by DJ to present a threat or
implied threat of injury or harm to DJ or any equipment or materials in
DJ's possession, DJ reserves the right to cease performance. If
Purchaser is able to resolve the threatening situation quickly (15
minutes maximum) and to DJ's satisfaction, DJ 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 DJ resumes performance. DJ reserves
the right to deny anyone access to the equipment and materials provided
by Party Time.
7f. Purchaser agrees to defend, indemnify, assume
liability for, and hold Party Time harmless from any claims, damages,
losses and expenses by or to any person, regardless of the basis, which
pertains or results directly or indirectly to Performance. In the event
that a civil action arises in an effort to enforce any provision of
this agreement, the losing party shall pay reasonable attorney's fees
and court costs of the prevailing party.
Agreed by Purchaser:
Purchaser Signature: _______________________________________
«Cont Name»
Date: _______________________________________
For: «Cust Name»
«Cust Address»
«Cust C/S/Z»
«Cont Phone»
Agreed by Party Time:
A Party Time Mobile DJ Signature: _______________________________________
Jammy Frison
Date: _______________________________________
For: A Party Time Mobile DJ
Colorado Springs, CO 80916
(719) 360-1439
Please make checks or money orders payable to: Jammy Frison