DJ Agreement - Template Form to Fill out Word and PDF Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
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DJ SERVICES AGREEMENT
THIS DJ SERVICES AGREEMENT (this "Agreement") is made on ________.
BETWEEN:
THE CLIENT:
________ ________ ("Client")
Of the following address:
________
AND THE DJ:
________ ________ ("DJ")
Of the following address:
________
(1) BACKGROUND
(a) The DJ carries on the business of providing professional disc jockey and related entertainment services.
(b) The Client wishes to engage the DJ to provide such services, and the DJ has agreed to provide those services, on the terms and conditions set out in this Agreement.
THEREFORE, in consideration of the mutual promises set out below, the Client and the DJ agree as follows:
(2) DEFINITIONS
In this Agreement, the following definitions apply:
"ACL" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Agreement" means this agreement.
"Agreement Date" means the date marked at the top of this document.
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in ________.
"Client" means ________.
"DJ" means ________.
"Fees" means any and all compensation and fees described in the "Payment" clause of this Agreement, including fees for the Services as well as any applicable retainer fees, overtime fees or late fees.
"GST" means Goods and Services Tax imposed on a taxable supply in Australia pursuant to the GST Law.
"GST Law" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Party" means either the Client or the DJ.
"Parties" means the Client and the DJ collectively.
"Retainer Fee" has the meaning defined in the "Payment" clause of this Agreement.
"Services" has the meaning defined in the "Services" clause of this Agreement.
"Start Date" means ________.
"Venue" means the location specified in the "Location and Permits" clause of this Agreement.
(3) INTERPRETATION
In this Agreement, unless the context otherwise requires, the following rules of interpretation apply:
(a) Words referring to one gender include every other gender.
(b) Words in the singular include the plural, and words in the plural include the singular.
(c) If a word or phrase is defined in this Agreement, any grammatical variations of that word or phrase have a corresponding meaning.
(d) Words referring to a person include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(e) Any reference to time is a reference to time in ________.
(f) If something must be done on or before a particular date which is not a Business Day, then it must be done on or before the next Business Day.
(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(h) Headings and titles are included for convenience only and do not affect interpretation.
(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(j) A reference to legislation or any part of it includes any subordinate, amended or substituted legislation.
(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(l) A reference to a Party includes that Party's successors, assigns, legal personal representatives and any person substituted by way of novation.
(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(4) SERVICES
In consideration for the Client paying the Fees, and subject to the terms of this Agreement, the DJ will provide to the Client the following DJ services ("Services"):
________
(5) TIMING OF SERVICES
The DJ will commence providing the Services on ________ at ________ ("Start Date") and will continue for a period of ________ hours.
(6) CHOICE OF DJ
Subject to availability, the Client may select their preferred DJ from ________'s roster of performers. ________ will make all reasonable efforts to provide the performer selected by the Client.
(7) RIGHTS AND RESPONSIBILITIES OF DJ
(a) The DJ confirms that it knows and will comply with all relevant Commonwealth, State and local laws, including those concerning intellectual property and copyright (including the Copyright Act 1968 (Cth) and applicable public performance licensing through APRA AMCOS and PPCA), noise restrictions, and the provision of the Services.
(b) The DJ warrants that it is competent in both indoor and outdoor set-up and sound mixing.
(c) The DJ must arrive at the Venue at least thirty (30) minutes before the commencement of the event to set up and conduct a thorough sound check.
(d) The DJ must exercise reasonable discretion and accommodate the Client's and the Client's guests' requests for particular songs whenever feasible.
(e) Unless otherwise agreed in writing, the DJ will provide all equipment reasonably necessary to perform the Services described in this Agreement.
(f) The DJ must comply with all applicable work health and safety obligations under the Work Health and Safety Act 2011 (Cth) and any equivalent State or Territory legislation.
(8) LOCATION AND PERMITS
(a) It is the Client's sole responsibility to select an appropriate location for the Services, to provide safe access and a suitable power supply, and to ensure compliance with all relevant Commonwealth, State and local permits, rules and regulations.
(b) The DJ will provide the Services at the following location (the "Venue"):
________
(9) PAYMENT
(a) In consideration for the DJ providing the Services, the Client will pay the DJ a fee of $________ per hour.
(b) In addition to any other Fees, the Client will pay the DJ a non-refundable retainer fee of $________, due upon signature of this Agreement ("Retainer Fee").
(c) Any Services requested that exceed the contracted period and which are granted by the DJ will be charged at the rate of $________ per hour. Additional time may not always be possible and will be accommodated only when feasible and at the DJ's discretion.
(10) INVOICING
(a) Where the DJ is registered for GST, the DJ must provide the Client with a tax invoice in accordance with the GST Law in relation to the Fees.
(b) The DJ will be entitled to invoice the Client upon completion of the Services.
(c) Once the DJ provides a valid invoice in relation to the Fees, the Client must make payment within the following timeframe: ________.
(11) LATE PAYMENT OF INVOICE
(a) If any invoice is not paid when due, the Client will be charged a late fee of $________.
(b) In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, the DJ may treat such failure as a material breach of this Agreement, and may suspend or cancel the Services and/or pursue any available legal remedies.
(12) FORM OF PAYMENT
Any payments made under this Agreement must be paid in the following manner: ________.
(13) GOODS AND SERVICES TAX
(a) Unless otherwise explicitly agreed by the Parties, any Fees set out in this Agreement are exclusive of GST.
(b) If GST is payable on the Fees, the Client must pay the DJ an additional amount equal to the GST payable ("GST Amount"), calculated by multiplying the Fees by the prevailing GST rate.
(c) The Client must pay the GST Amount at the same time and in the same manner as the Fees.
(d) The Client's obligation to pay the GST Amount is conditional on the DJ providing a valid tax invoice in accordance with the GST Law.
(e) Any terminology used in this Agreement in relation to GST which has a particular meaning in the GST Law has a corresponding meaning here, unless the context requires otherwise.
(f) This clause survives termination, expiration or completion of this Agreement.
(14) STATUS AND SUPERANNUATION
(a) The Parties agree that the DJ provides the Services as an independent contractor and not as an employee, partner or agent of the Client, and nothing in this Agreement creates a relationship of employment, partnership or joint venture between the Parties.
(15) CANCELLATION POLICY
(a) The Client may cancel this Agreement and receive a refund of any Fees paid (less the Retainer Fee) by providing the following amount of notice prior to the Start Date ("Notice Period"): ________.
(b) If the Client cancels by providing less notice than the Notice Period, the Client remains fully liable for all Fees and costs set out in this Agreement.
(c) In addition, if the Client cancels by providing less notice than the Notice Period, the Client must pay a cancellation fee to the DJ of $________, being a genuine pre-estimate of the loss likely to be suffered by the DJ.
(d) Cancellation by the DJ will result in all monies paid by the Client being fully refunded, including any Retainer Fee. In addition, if the DJ cancels by providing less notice than the Notice Period, the DJ must pay a cancellation fee to the Client of $________.
(16) CONFIDENTIALITY AND PRIVACY
(a) The DJ and any of the DJ's employees, agents or representatives must not at any time, directly or indirectly, use for their own benefit, or divulge, disclose or communicate, any information that is proprietary or confidential to the Client, and must protect such information and treat it as strictly confidential.
(b) To the extent that either Party collects, uses, holds or discloses personal information in connection with this Agreement, that Party must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
(c) Upon termination, expiration or completion of this Agreement, the DJ must return to the Client all records, notes, documentation, equipment and other items used, created or controlled by the Client during the term.
(d) This clause survives termination, expiration or completion of this Agreement.
(17) INDEMNITY
(b) This clause survives termination, expiration or completion of this Agreement.
(18) DRUGS AND ALCOHOL
The DJ must not consume or use illicit drugs or alcoholic beverages while performing the Services.
(19) QUALITY OF SERVICES
The DJ must provide the Services and perform its obligations under this Agreement with due care, skill and diligence in a professional and workmanlike manner, to a standard equal to or exceeding that of similarly qualified providers performing similar services.
(20) LIMITATION OF LIABILITY
(a) The Client may have certain rights under the ACL or other consumer protection laws.
(b) The ACL (and any other similar laws) may give the Client certain rights, consumer guarantees and remedies regarding the provision of services which cannot be excluded, restricted or modified ("Statutory Rights").
(c) The DJ's liability to the Client is governed solely by the ACL (and any other similar laws) and by this Agreement.
(d) To the maximum extent permitted by law, the DJ excludes all conditions and warranties implied by custom, law or statute, except for the Client's Statutory Rights.
(e) Subject to the Statutory Rights, the Client is solely responsible for determining whether the Services are fit for the Client's purpose.
(f) To the maximum extent permitted by law, the DJ is not liable for any indirect, consequential, incidental or special loss or damage, including loss of revenue, profits, business interruption or loss of data, even if the possibility of such loss was made known to the DJ.
(g) Notwithstanding any other provision, and to the maximum extent permitted by law, the cumulative liability of the DJ in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total amount paid by the Client under this Agreement.
(h) Where the Statutory Rights apply and the liability arises under a consumer guarantee in respect of services, the DJ's liability is limited, to the extent permitted by law and at the DJ's option, to:
(I) supplying the Services again; or
(II) paying the cost of having the Services supplied again.
(i) This clause survives termination, expiration or completion of this Agreement.
(21) DEFAULT
The occurrence of any of the following constitutes a material default under this Agreement:
(a) the failure to make a required payment when due;
(b) the insolvency, bankruptcy or external administration of either Party;
(c) the subjection of either Party's property to any levy, seizure, general assignment for the benefit of creditors, or application or sale for or by any creditor or governmental agency; or
(d) the failure to make available or deliver the Services in the time and manner provided for in this Agreement.
(22) REMEDIES
(a) In addition to any other rights available at law, if a Party defaults by failing to substantially perform any provision of this Agreement (including the failure to make a payment when due), the other Party may terminate this Agreement by written notice to the defaulting Party.
(b) The notice must describe with sufficient detail the nature of the default.
(c) The Party receiving the notice has seven (7) days from the effective date of the notice to rectify the default. Unless waived by the Party giving notice, failure to rectify within that period results in automatic termination of this Agreement.
(23) INSURANCE
(a) The DJ must obtain and maintain all relevant insurance policies ("the Insurance Policies"), including but not limited to:
(I) all insurance policies required by law;
(II) workers' compensation insurance for any of the DJ's workers as required by law; and
(III) public liability insurance for a minimum amount of $________.
(b) Upon the Client's request, the DJ must provide a copy of the Insurance Policies and evidence of currency to the Client's reasonable satisfaction.
(24) ASSIGNMENT
Neither Party may assign, transfer, charge or otherwise deal with any of its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the other Party, such consent not to be unreasonably withheld. Any purported assignment in breach of this clause is void.
(25) NOTICES
(a) Any notice or other communication under this Agreement must be in writing and may be delivered by hand, by post, or by email to the address or email address of the relevant Party set out in this Agreement, or to such other address or email address as that Party notifies in writing from time to time.
(b) A notice is taken to be received: if delivered by hand, when delivered; if sent by post, three Business Days after posting; and if sent by email, at the time the email is sent, provided the sender does not receive a delivery failure notification.
(c) If a notice is deemed received on a day which is not a Business Day, or after 5:00pm on a Business Day, it is deemed received on the next Business Day.
(d) The contact details of the Parties for notices are: Client email — ________; DJ email — ________.
(26) WARRANTIES REGARDING LEGAL ADVICE
(a) Each Party (in this clause, the "Warranting Party") warrants that:
(I) it fully understands the terms of this Agreement;
(II) it has had the opportunity to obtain independent legal advice and has either:
(A) taken such independent legal advice; or
(B) elected not to take such advice; and
(III) it has not been induced to enter this Agreement by any representation made by the other Party or its representatives, except as set out in this Agreement.
(b) This clause survives termination, expiration or completion of this Agreement.
(27) GENERAL PROVISIONS
(a) GOVERNING LAW: This Agreement is governed by the laws of ________ and applicable Commonwealth law. Each Party submits to the non-exclusive jurisdiction of the courts of that State and the Commonwealth.
(b) LANGUAGE: All communications and notices under this Agreement must be in the English language.
(c) AMENDMENTS: No amendment to this Agreement binds any Party unless in writing and signed by both Parties.
(d) RIGHTS, REMEDIES AND POWERS: Unless expressly provided, rights, remedies and powers under this Agreement are cumulative and in addition to any other rights at law.
(e) SURVIVAL: Any provisions which by their nature would be expected to survive termination, expiration or completion remain in full force and effect.
(f) NO WAIVER: A power or right may only be waived in writing signed by the waiving Party. No waiver constitutes a waiver of any other right or of the same right on a future occasion.
(g) SEVERABILITY: If any provision is held unenforceable, this Agreement is deemed amended to the minimum extent necessary to render it valid; failing which, the offending provision is severed and the remainder continues in full force.
(h) ENTIRE AGREEMENT: This Agreement represents the entire agreement between the Parties in relation to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.
(i) COUNTERPARTS: This Agreement may be executed in counterparts, all of which together constitute a single agreement, and is effective as of the date on which both Parties have signed.
(j) FORCE MAJEURE: Neither Party is liable for any failure to perform due to causes beyond its reasonable control, including acts of God, acts of civil or military authorities, riots, embargoes, pandemics, natural disasters and other unforeseen circumstances.
(k) FURTHER ACTS: Each Party must do all things and sign all documents reasonably required to give effect to this Agreement.
EXECUTED AS AN AGREEMENT ON ________
Executed by ________ in accordance with s127 of the Corporations Act 2001 (Cth) by:
___________________________________
Signature of director
____________________________________
Name of director
___________________________________
Signature of director / company secretary
____________________________________
Name of director / company secretary
[Where the Client is an individual or sole trader, signature below:]
___________________________________
Signed by the Client
___________________________________
Signature of witness
Name of witness: ________
Executed by ________ in accordance with s127 of the Corporations Act 2001 (Cth) by:
___________________________________
Signature of director
____________________________________
Name of director
___________________________________
Signature of director / company secretary
____________________________________
Name of director / company secretary
[Where the DJ is an individual or sole trader, signature below:]
___________________________________
Signed by the DJ
___________________________________
Signature of witness
Name of witness: ________
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