"Footloose" Entertainment Contract
AGREEMENT made this ____ day of _______, 20__, by and between
_______________________________________, hereinafter referred to as the Purchaser, and By "Footloose"hereinafter referred to as DJ.
WITNESSETH
NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:
1. The Purchaser hereby engages the DJ to provide a DJ Service. The service to be performed at Event Location:
(Event Location): ___________________________________________________________
(Address): _____________________________________________________
_____________________________________________________
(Phone # of location): _____________________________________________________
2. "Footloose"agrees to provide a DJ Service for the Purchaser at the above-mentioned location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. "Footloose" hereby agrees to render its professional services and is at all times to have complete control of his program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted on the following date(s) and time(s) of the engagement:
Date(s): ___________________________________.
Start Time(s): ______AM/PM
Finish Time(s): ______AM/PM
(4 hours minimum)
6. The Purchaser in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:
A non-refundable reservation fee of $____100_______, is required to secure the services of "Footloose" for the engagement. This amount shall be applied toward the Performance Fee. Balance of fee to be paid ten days before event.
The Performance Fee is $______ for the four-hour time frame outlined above.
Services requested that exceed the four-hour time frame will be charged at the rate of $_________ per hour, payable the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
Purchaser Initials _________ By " Footloose"initials ______
Additional Terms and Conditions
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, "Footloose" liability shall be exclusively limited to an amount equal to the performance fee and that "Footloose" shall not be liable for indirect or consequential damages arising from any breach of contract.
All deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.
No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with "Footloose" relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only.
The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee.
It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
It is understood that if this is a "Rain or Shine" event, "Footloose" compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. 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 "Footloose" staff or any equipment in "Footloose" possession, "Footloose" 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), "Footloose" 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 "Footloose' resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, "Footloose" reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Purchaser Initials _________ By "Footloose"initials ______
Purchaser shall provide "Footloose" with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. "Footloose" requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. We require at least two chairs and one 6-foot banquet table, with linens, for equipment .Any delay in the performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. 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, and fire marshal if necessary (for use of fog).
The Purchaser shall at all times have complete control, direction and supervision of the performance of "Footloose" at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of "Footloose". A written event/music planner or music request list must be received from the Purchaser and forwarded to "Footloose" at least two weeks prior to the date of the engagement for it to be included in "Footloose" programming guidelines. With or without the aid of an event/music planner or music request list, "Footloose" shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. "Footloose" will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.
In the event of non-payment, "Footloose" retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by "Footloose". Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.
This agreement guarantees that "Footloose" will be ready to perform at the start time of the engagement. No guarantee is made as to 'Footloose" time of arrival; however, "Footloose' requests that they be permitted 120 minutes before the engagement and __60_____ minutes after the engagement for setup and takedown. "Footloose" also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Purchaser or venue requires "Footloose" to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.
Engagements within the Cincinnati,Ohio metroplex will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $0.50 per mile in excess of 30 miles. Engagements in excess of 100 miles will require accommodations be made for an overnight stay in a local hotel/motel for "Footloose"to be provided by Purchaser.
Special provisions & Additional Services Requested
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_____________________________________________________________________________
Purchaser Initials _________ By "Footloose" ______
By executing this contract as Purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.
All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
The laws of the State of Ohio shall govern this agreement. In the event of suit involving or
relating to this agreement, Purchaser agrees that venue will be in Hamilton County.
Purchaser agrees to defend, indemnify, assume liability for and hold "Footloose" harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to "Footloose" 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.
Purchaser may not transfer this contract to another party without the prior written consent of
"Footloose". This agreement is not binding until signed by both Purchaser and "Footloose" has received it. Any changes must be written and signed by both the Purchaser and "Footloose". 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.
"Footloose" may elect not to exercise their rights as specified in this agreement. By doing so, "Footloose" does not waive their right to exercise those options at a future date.
THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby. Nothing oral, verbal or implied shall vary the terms of this contract.
Purchaser:
________________________________________________
Signature of purchaser
________________________________________________
Printed name of purchaser
Street Address: __________________________________
________________________________________________
Daytime phone of purchaser: _______________________
Evening phone of purchaser: __________________________________
Signature for "Footloose":
________________________________________________