DJ Agreement - Template Form to Create Word & PDF Pro · US-law
✓ Valid in United States · drafted to comply with local law
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DJ SERVICES AGREEMENT
State of ________
RECITALS
This DJ Services Agreement (this “Agreement”) is entered into and made effective as of ________ (the “Effective Date”), by and between the following client (the “Client”):
________
of
________
and the following DJ services provider (the “DJ,” and together with the Client, the “Parties,” and each a “Party”):
________
of
________
WHEREAS, the DJ desires to provide DJ services to the Client, and the Client desires to obtain such services from the DJ, upon the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and undertakings set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. DESCRIPTION OF SERVICES.
1. On ________, commencing at ________, the DJ shall provide to the Client the following DJ services (collectively, the “Services”):
________
2. The DJ shall perform the Services for a total of ________ hours on the date of the event.
§ II. RIGHTS AND RESPONSIBILITIES OF THE DJ.
3. The DJ represents and warrants that the DJ is familiar with and shall comply with any and all applicable federal, state, and local laws, regulations, and ordinances relating to copyright, fair use, intellectual property, licensing of musical works, noise ordinances, and the provision of DJ services.
4. The DJ represents that the DJ is experienced in and competent to perform both indoor and outdoor DJ set-up and sound mixing.
5. The DJ shall arrive at the venue not less than thirty (30) minutes before the scheduled start of the event in order to set up and conduct a thorough sound check.
6. The DJ shall exercise reasonable discretion and shall accommodate the requests of the Client and the Client’s guests for particular songs whenever reasonably feasible.
7. The DJ shall furnish, at the DJ’s sole cost and expense, all equipment reasonably necessary to perform the Services, including without limitation a high-quality microphone and sound system, turntables, and dance-floor lighting equipment.
9. The DJ shall maintain, throughout the term of this Agreement, commercial general liability insurance in an amount not less than $________ and shall provide evidence thereof upon the Client’s reasonable request.
§ III. LOCATION AND PERMITS.
10. Selection of the location for the Services and compliance with any and all applicable federal, state, and local permits, rules, and regulations, including without limitation noise ordinances, shall be the sole responsibility of the Client.
11. The DJ shall provide the Services at the following location (the “Venue”):
________
§ IV. COMPENSATION AND PAYMENT.
12. In consideration for the Services, the Client shall pay the DJ compensation at the rate of $________ (________) per hour.
13. Upon execution of this Agreement, the Client shall pay the DJ a non-refundable retainer fee in the amount of $________ (________), which shall be credited toward the total compensation due hereunder.
14. The balance of all sums due shall be paid no later than ________. All payments shall be made to the following person and address:
________
________
15. Any Services requested that exceed the contracted time period and that are granted by the DJ shall be charged at the rate of $________ per hour. The provision of additional time may not be possible. Requests for extended DJ time will be accommodated only when feasible and at the sole discretion of the DJ.
16. If any invoice or amount due is not paid when due, the Client shall be charged a late fee in the amount of $________ (________), together with interest on the unpaid balance at the rate of ________% per annum or the highest rate permitted by applicable law, whichever is less.
17. In addition to any other right or remedy provided by law or in equity, 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 this Agreement and/or pursue any and all available legal remedies.
§ V. CANCELLATION POLICY.
18. Cancellation of this Agreement by the Client received in writing at least ________ prior to the scheduled start date shall result in a refund of any monies paid, less the non-refundable retainer fee. Cancellation by the Client received less than ________ prior to the scheduled start date shall obligate the Client to pay the full remaining balance of the total fees agreed upon. In addition, if the Client cancels less than ________ prior to the scheduled start date, the Client shall pay the DJ a cancellation penalty in the amount of $________. The Parties acknowledge that such amounts represent a reasonable estimate of the DJ’s anticipated damages and not a penalty, the actual damages being difficult to ascertain.
19. Cancellation by the DJ shall result in a full refund to the Client of all monies paid to the DJ, including any retainer fee paid. In addition, if the DJ cancels less than ________ prior to the scheduled start date, the DJ shall pay the Client a cancellation penalty in the amount of $________.
§ VI. CONFIDENTIALITY.
21. This provision shall survive the expiration or termination of this Agreement.
22. Upon expiration or termination of this Agreement, the DJ shall return to the Client all records, notes, documentation, and other items that were created or controlled by the Client during the term of this Agreement.
§ VII. INDEMNIFICATION.
23. The DJ shall indemnify, defend, and hold harmless the Client from and against all claims, losses, expenses, fees (including reasonable attorneys’ fees), costs, and judgments that may be asserted against the Client and that result from the acts or omissions of the DJ and/or the DJ’s employees, agents, or representatives.
§ VIII. WARRANTY.
24. The DJ shall perform the Services and meet the obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations that meet generally accepted standards in the Client’s community and region, and shall provide a standard of care equal or superior to that used by similar DJs on similar engagements.
25. The DJ shall not consume or use any illegal substances or alcoholic beverages while performing the DJ’s duties under this Agreement.
§ IX. LIMITATION OF LIABILITY.
26. Except for the DJ’s indemnification and confidentiality obligations and for damages arising from gross negligence or willful misconduct, in no event shall either Party be liable to the other for any indirect, incidental, special, consequential, or punitive damages. The DJ’s aggregate liability under this Agreement shall not exceed the total compensation actually paid to the DJ hereunder.
§ X. DEFAULT.
27. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either Party.
c. The subjection of any 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.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
§ XI. REMEDIES.
28. In addition to any and all other rights a Party may have available under law or in equity, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party.
29. Such notice shall describe with sufficient detail the nature of the default.
30. The Party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default. Unless waived by the Party providing notice, the failure to cure the default within such period shall result in automatic termination of this Agreement.
§ XII. FORCE MAJEURE.
31. If performance of this Agreement or any obligation hereunder is prevented, restricted, or interfered with by causes beyond a Party’s reasonable control (“Force Majeure”), and if the Party unable to perform gives the other Party prompt written notice of such event, then the obligations of the invoking Party shall be suspended to the extent necessitated by such event.
32. The term “Force Majeure” shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, epidemics or pandemics, governmental orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages.
33. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.
34. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party or its employees, officers, agents, or affiliates.
§ XIII. ENTIRE AGREEMENT.
35. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
36. This Agreement supersedes any prior written or oral agreements between the Parties.
§ XIV. SEVERABILITY.
37. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
38. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XV. AMENDMENT.
39. This Agreement may be modified or amended only in a writing signed by both Parties.
§ XVI. ASSIGNMENT.
40. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party. Because the Services are personal in nature, the DJ shall not subcontract or delegate the performance of the Services without the Client’s prior written consent.
§ XVII. GOVERNING LAW AND VENUE.
41. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________, for the resolution of any dispute arising out of or relating to this Agreement.
§ XVIII. DISPUTE RESOLUTION.
42. In the event of any dispute arising out of or relating to this Agreement, the Parties shall first attempt in good faith to resolve the dispute through mediation administered in ________ County. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs.
§ XIX. NOTICE.
43. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person, by certified mail, return receipt requested, or by nationally recognized overnight courier, to the address set forth in the opening section of this Agreement, or to such other address as a Party may have furnished to the other in writing.
§ XX. WAIVER OF CONTRACTUAL RIGHTS.
44. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
§ XXI. COUNTERPARTS.
45. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile shall be deemed valid and binding.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
EXECUTION:
_________________________________
________, Client
Date: ________
_________________________________
________, DJ
Date: ________
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