1). Client/Purchaser's Name:
2). Address of engageme :
3). City, State, Zip Code:
4). Type of engagement:
5). Date(s) of engagement(s) Start Time: Finish Time:
6) Total performance fee agreed upon by DJay Mix® hereafter referred to as 'Talent' is $ for the first 3 hours. Each additional hour with a rate of $50.00 will be charged. Method of payment: Cash, Personal check or Cashier's check.
All payments should be made payable to DJ Jesus Hernandez Jr.
7). A non-refundable reservation fee of $ 50.00 is required to secure Provider for the engagement. This amount shall be subtracted from the performance fee. The remaining balance of the performance fee must be paid in full on or before the start of services.
8). The Purchaser shall at all times have complete control, direction and supervision of the performance of services by Provider at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services by Provider. Provider must receive a written event/music planner or music request list prior to the engagement for it to be included in Provider's programming guidelines. With or without the aid of an event/music planner or music request list, Provider shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. Provider will make an extra effort to have music requests available if they are received by Provider "IN WRITING" at least two weeks prior to the engagement.
9). This agreement of Provider to perform shall be excused by detention of personnel by sickness, accidents, riots, strikes, epidemics, Acts of God, Force Major, Acts of War or any other legitimate condition beyond Provider's control. If such circumstances arise, all reasonable efforts will be made by Provider to find a replacement entertainment at the agreed upon fees. Should Provider be unable to procure a replacement, Purchaser shall receive a full refund of all fees paid to Provider. Purchaser agrees that in all circumstances, Provider's liability shall be exclusively limited to refunding the fees paid and that Provider shall not be liable for indirect or consequential damages arising from any breach of contract.
10). In the event of non-payment, Provider retains the right to attempt collection through the Cook County court. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Provider. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.
11). This agreement guarantees that Provider will be ready to perform at the start time of the engagement. No guarantee is made as to Provider's time of arrival; however, Provider requests that they be permitted 60 minutes before the engagement and 30-45 minutes after the engagement for setup and takedown. Provider also requests ramp or elevator access between the parking/service entrance and the setup area.
12). Purchaser will take steps to protect Provider's equipment, music and personnel during the contracted period. Any damages incurred due to a lack of reasonable protection on your part (except in the case of gross negligence on the part of Provider) will be payable by Purchaser to the extent of repair or replacement of damaged music and equipment, and all costs of medical treatment.
13). In the event of circumstances deemed by Provider to present a threat or implied threat of injury or harm to Provider's staff or any equipment in Provider's possession, Provider 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), Provider 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 Provider resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Provider reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
14). This agreement cannot be canceled except by mutual written consent of both the Purchaser and Provider. If cancellation is initiated by the Purchaser in writing and agreed to by Provider in writing, Purchaser will be required to pay (in addition to the reservation fee) any unrecoverable costs already incurred by Provider (but not more than the total fee agreed upon). Otherwise, Purchaser shall be obligated to make full payment of the total fee agreed upon.
15). Purchaser shall provide Provider with safe and appropriate working conditions. This includes, but is not limited to, providing a 6 foot by 6 foot area for the DJ's main setup, space for setting up speakers and lighting stands, a 120-volt outlet (3-prong grounded with at least 15 amps available) from a reliable power source within 50 feet (along the wall) of the set-up area, additional outlets on SEPARATE circuits for lighting (if contracted for); providing a facility that completely covers and protects Provider's equipment from adverse weather conditions (i.e., direct sunlight, rain, excessive winds); providing crowd control if warranted; and furnishing directions to place of engagement 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.
16). Purchaser is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, fire marshal (for use of fog), overtime before and after the engagement utilized by Provider for setting up and taking down equipment.
17). This agreement shall be governed by the laws of the State of Illinois. In the event of suit involving or relating to this agreement, Purchaser agrees that suit will be in Cook County.
18). Purchaser agrees to defend, indemnify, assume liability for and hold Provider harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Provider's performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party.
19). Purchaser may not transfer this contract to another party without the prior written consent of Provider.
20). This agreement is not binding until received and signed by Provider. Any changes must be written and signed by both the Purchaser and Provider. 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.
21). Provider may elect not to exercise their rights as specified in this agreement. By doing so, Provider does not waive their right to exercise those options at a future date.
(PURCHASER/Client) Date
(Provider) : Date:
DJay Mix ® Premier Chicago Suburban Mobile DJ Services
Jesus M.Hernandez Jr. - DJ 773.909.8001 EMAIL:PARTY@DJAYMIX.COM
THE PARTIES hereto promise to abide by the terms of this contract agreement and intend to be legally bound thereby.