Definitions of Law
(a) The Service shall mean DJs, live entertainment act(s), production services and all other services, goods, components or other items hired by Student DJ
(b) “The Client” is the person, firm, corporate or public body, hereafter referred to as “You” or “The Client”, hiring the services and/or equipment.
(c) The “Company” is Student DJ hereafter referred to as “Student DJ”, “Us”, “We” or “The Company”
(d) Consequential Loss shall mean loss of profits, contracts or any other consequential loss or damages whatsoever unless due to the negligence of Student DJ
(e) The Contract shall be interpreted and applied in accordance with presiding law and the Parties to this contract agree to submit to the exclusive jurisdiction of regional courts.
1.1 The Contract reflects the verbal agreement. It shall include any Terms agreed prior to its issue.
1.2 It shall be deemed un-accepted unless the booking form and retainer Deposit is received by Student DJ within 7 working days of the issuing date.
1.3 No alterations may be made to this Contract by The Client/DJ/Live Entertainment Act/Production Service without prior approval consent from Student DJ.
1.4 By completing and sending the Booking Form, you agree that you are making a confirmed Booking and entering into a Contract, which carries your acceptance, in full, of the Booking Terms and the Service that Student DJ will provide to you as the “The Client”.
2. Deposit: you agree to our Deposit which is payable in advance to secure Entertainment and/or Production Services. The Deposit is deducted from the Fee quoted.
2.1 Overtime Charge: Any extension to the agreed timescale will be charged in addition to the Booking Fee per half-hour (or part half-hour), thereafter, which shall be payable in advance before commencement of extended Entertainment and/or Production Services.
3. The Client shall have the right to cancel the booking by serving upon Student DJ not less than 30 clear days’ notice in writing. In the event of The Client wishing to cancel this Contract agreement for any reason other than Act of God or National Disaster, any advance Deposit payment will be forfeited.
3.1 A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within ninety days of the event date.
3.2 A cancellation fee of not less than 75% of the agreed fee will be due if the cancellation is within sixty days of the event date.
3.3 The whole of the agreed fee will be due if the cancellation is within 30 days of the event date.
4. In the unlikely event that Student DJ is unable to attend personally due to accident or sudden illness, Student DJ shall endeavour to provide a suitable substitute offering a similar Service at no additional charge to The Client. This does not apply in circumstances detailed below.
4.1 Force Majeure – Student DJ will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control.
5.1 The Client will appreciate that suitable time for Venue access, safe installation and dismantling and safe removal of equipment from Venue is required in addition to performance time. Therefore, The Client and The Venue will allow suitable time for the installation and dismantling and removal of equipment (up to 90 minutes each side of the booking times unless otherwise previously agreed). Where appropriate, The Client will also inform The Venue, in advance, of Student DJ’s requirements.
5.2 Student DJ shall not be liable for any additional charges levied to The Client by The Venue in relation to load-in and/or load-out time-scales.
6. Performance time and ‘over-time’ is restricted to a maximum of eight hours in a 24-hour period. Unless already agreed at the time of booking, The Client agrees to make provision for suitable overnight accommodation to the satisfaction of all DJs/Live Entertainment Acts/Production Service providers and directly associated crew, if this time is exceeded or expected to be exceeded.
7. The Client will ensure that safe and adequate power is available for the provision of the Entertainment/Production Service(s) booked.
8. The Client will inform Student DJ prior to Event Date confirmation of The Venue sound limiter installation. Please note: Student DJ reserves the right to decline providing Service at Venues with a sound limiter installed.
9. The Client agrees that any re-engagement of Contracted DJ/Live Entertainment Act(s)/Production Service(s) must be transacted through Student DJ.
9.1 Any enquiry to the DJ/Live Entertainment Act(s)/Production Service(s) in respect of any engagement by guests, customers and/or staff must be transacted through Student DJ..
10. Student DJ will respond to The Client’s reasonable request(s) and conduct themselves in a professional manner throughout attendance at The Venue.
10.1 Student DJ will respond to The Venue management’s reasonable requests such as volume, sitting of equipment and or any other reasonable request(s).
10.2 Student DJ) shall be in no way liable for breach of Bylaws or Conditions under which The Venue is leased, hired or entrusted to The Venue management.
10.3 The Client will notify Student DJ of that all appropriate licences as required by law are in force at the time of the Event.
11.1 The Client agrees to provide adequate supervision of guests and will ensure that The Venue management adequately supervises customers and or staff on site premises.
11.2 Where the function may include guests under the age of 16 years, The Client (or parent/guardian) is responsible for the behaviour and safety of any minors attending The Venue. The Client will provide and maintain adequate adult supervision for guests under the age of 16 years at all times, and Student DJ will not be liable for the supervision of minors.
12.1 Unwarranted abuse or threatening behaviour from The Client’s guests, The Venue management and/or The Venue staff will not be tolerated and will result in the Service being terminated with immediate effect with no loss to the DJ/Live Entertainment Act(s)/Production Service(s) or Student DJ.
12.2 The Client agrees that compensation for any loss of or damage to DJ’s/Live Entertainment Acts’/Production Services’ equipment, vehicle(s) and/or personal belongings caused by The Client’s guests, Venue customers and/or Venue staff may be sought, including any additional costs.
13. The Client agrees that the confirmed event start and finish times as specified in the Contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of Student DJ and the management of The Venue. See 2.1 for ‘Overtime Charge’.
14. Student DJ will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of The Clients’ chosen requests.. The Client also agrees that Student DJ cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified.
15. Where The Client requests that Student DJ start the Contracted Service at an earlier time prior to the actual start of the function, The Client acknowledges that a tiered charge may be made for this additional service, and that this service will be subject to availability. In addition to any previously agreed charges, if Student DJ should arrive at The Client’s Venue at any earlier, pre-arranged time, and are unable to access The Venue to set up the equipment or are prevented from doing so by The Venue management, then The Client shall be charged standing time at the hourly rate discretion of Student DJ which must be settled in full before commencement of main Service.
15.1 Student DJ will not be liable for any refund, in part or whole, where ‘we’ are late accessing The Venue purely because of earlier events over-running, or where ‘we’ are prevented from accessing, setting up or providing our professional services by The Venue management. Neither will Student DJ be obligated to provide an extension to the agreed timescale on a pro-rata basis in these circumstances.
15.2 Where The Venue does not have its own parking facilities, Student DJ reserves the right to pass on any additional parking fees for refund by The Client. Please note: that in accordance with Health and Safety laws, Student DJ will refuse to work at Venues where illegal or hazardous parking is required in order to unload a vehicle. This also applies to general health and safety concerns within The Venue such as navigating cluttered or unlit stairways and exits.
16.1 Where Student DJ is engaged to work alongside a DJ/Live Entertainment Act(s)/Production Service(s) from another supplier, it is The Client’s responsibility to ensure that adequate space exists within The Venue for all DJs/Live Entertainment Act(s)/Production Service(s) to set up their equipment and that separate power outlets exist. See 7.
16.2 Student DJ and Contracted DJ(s)/Live Entertainment Act(s)/Production Service(s) will NOT accept liability for any equipment directly or indirectly connected to ours.
16.3 We reserve the right to refuse to connect any equipment to our own if we deem it unsafe.
17. Where the event is being held in a marquee, The Client will ensure that the work area is dry and that a minimum of 2x 13A power sockets are located within 5 metres of this area. Please note: Bad Weather or impending bad weather on the day will not allow Student DJ to commence entertainment outdoors under any circumstances. Student DJ accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions.
18. Where Background Music is supplied by Student DJ, this will be on a USB The Venue’s in-house system (it is The Client’s responsibility to ensure this can be done) or the music will be played through the disco pa system from the position where the DJ is set up (unless otherwise previously agreed).
19. All media or content for presentations must be delivered to Student DJ at least two weeks prior to the event and in a format specified by Student DJ. Student DJ cannot guarantee that content delivered past two weeks before the event will be a) be displayed b) work correctly.
20. The Client shall be responsible for ensuring compliance with all statutory provisions and local authority regulations applying to the engagement, for all insurance against public liability or any other contingency, and for all necessary PRS (Performing Rights Society) and PPL (Public Performance Licence) licenses.
(u) In signing the Contract, I agree that I have read the Terms and Conditions and acknowledge details contained herein are correct.
(v) E. & O.E
Head Office - Randburg, Johannesburg
067 168 2965
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