Entertainment Agreement
The following is a brief outline of the Terms and Conditions placed on each and every event for which Starlight DJ is hired. A full and complete written copy is supplied to each and every client and is signed by both parties.
1.Company agrees to provide a Disc Jockey herein referred to as “DJ” on an agreed date, and day, for an event at an agreed time, for up to an agreed number of hours, which must conclude on or before the time and date agreed upon.
2.Client agrees to pay Company a total fee as quoted, to be paid to in two or more payments.
3.A (deposit) of $100.00 or 50.00 in AU currency to be deposited in the nominated bank account of EFT or Credit Card before a date to be agreed upon by both parties. This payment is non-refundable. Unless this (Deposit) is waved and agreed by both parties.
4.Company must receive the balance of payments by any of the payment methods noted above in Item #3 of this contract on or before the date of the booking.
Adding Collection Costs
“In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs”.
Adding Interest
“Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid”.
5.Payments are not transferable, not assignable, nor refundable except as explicitly described in this contract.
6.Should Client desire additional time beyond the contracted hours then DJ, Client, and facility must unanimously agree to extra time extensions. Client agrees to pay DJ by cash, in the amount of $100.00 for each hour of extra time. Client further agrees that extended time payments must be paid to the DJ, prior to beginning the extended time period.
7.Company agrees to complete “Event Planner” or “Song List” via email or text message with the Client, no less than one weeks prior to the event.
8.(a) Client and/or their agents are to ensure and to provide DJ with unencumbered, and non hazardous access into, and through the loading area, facility, and work space, at least 2 ½ hours prior to guests arrival at event and then immediately upon conclusion of event, or agreed time on the following morning; two 240 volt 10 amp grounded electrical outlets, free of other connected electrical devices located/positioned within 10m of DJ’s setup; an area measuring a min 3.5m x 2.5m centered in front of the dance floor in an area that provides ample space for DJ’s equipment including speakers, lights and associated equipment.
(b) If the event is being held outdoors, the client is to additionally provide overhead shelter with protection from sun and rain for DJ, DJ’s equipment and recordings. The size of overhead shelter will be no less than 3m x 3m in area. If such cover cannot be provided, Client must notify DJ and/or Company at least 1 week prior to the event.
9.A Company representative and/or DJ may take photographs and/or videotape at event. Client gives Company the right to print, publish, and use these freely for marketing purposes. (Clients can revoke this permission upon agreement)
10.DJ’s performance is for the personal enjoyment of Client. Unauthorized commercial use of any photographs, videos, and/or recordings of the DJ’s performance without the expressed written consent of the Company is prohibited. Company and DJ will retain exclusive rights over the event production and presentation, including but not limited to, the details, means, and methods of services except as agreed upon by the Company and Client. Should the Client or their agents exercise partial or full control of Company’s music selections, equipment setup location, content, programming, timing, and/or system volume, the Company is indemnified and released from all implied or specific guarantees.
11.Client and/or their agents agrees that they hold all necessary authorizations, fees, licenses and/or permits as may be required or mandated by the facility, local, state, and/ or federal codes or law.
12.Client is responsible and liable for the results and costs of, any/all injury or damage by or to, them, their guests and/or agents, to the DJ’s person, equipment, vehicles, and peripherals.
13.Connection of Client, guest, vendor, or facility provided internal or external input or output devices into or out of the DJ’s equipment is strictly prohibited.
14.Should 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 Company agrees to take prudent action, circumstances permitting, to provide the Client with an alternative DJ, services, or a full refund of all payments.
15.If Client has to terminate Starlight’s services, the Client agree to the following conditions:
(1) No refund of the deposit listed in item #3;
(2) more than 72 hours but less than 96-hours prior to event, 75% of the total fee paid over and above deposit will be refunded;
(3) more than 48 hours but less than 36-hours prior to event, 50% of the total fee paid over and above deposit will be refunded;
(4) more than 24 hours but less than 12 hours prior to event, 25% of the total fee paid over and above deposit will be refunded; Starlight reserves the right to amend this clause should it deem exceptional circumstances exist.
16.If Client has to terminate Company’s services due to extreme inclement weather on the day of the event, the Company must be given a minimum of 48 hours advance notice and concur with the termination. In this circumstance, if Company and Client sign a new contract within thirty days of Client terminating Company’s services under this clause. Any new date requested by Client is subject to DJ’s availability. Should a DJ be available for the new date, no additional charges will be incurred and the fee structure and fees paid will remain as is.
17.The maximum contract liability of the Company or Client will be no greater than as specified in Item #2 of this contract. If any portion of this contract is held to be invalid, it will not invalidate the validity or enforceability of all remaining contract provisions.
18.The Client agrees that any and all modifications to any portion of this contract by the Client must be submitted in writing a min of 7 days prior to event, be approved in writing, and must be signed by the Company or the modifications are invalid and nonbinding. Such amendments if agreed upon, shall be signed and a copy returned/mailed to the Client within 48 hours of Company receiving such amendments.
19.Client agrees to indemnify and hold Company and DJ harmless from any and all claims, liabilities, damages and expenses arising from the actions of Client, its agents, representatives, contractors and guests whether invited or uninvited. Should any contractual dispute not be mutually resolved, Company and Client agree to litigate the matter subject to the laws of the State of South Australia, which govern this contract. The Client agrees that the venue for settling a dispute will be in a court located in Adelaide, South Australia. The losing party agrees to pay all court and legal fees associated with the enforcement of this contract.
20.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.