Terms & Conditions
DJ and SAx T & C’s
- The party hiring the services of Rory Clerkin T/A DJ and Sax (here known as the ‘COMPANY’) will be known as the ‘CLIENT’.
- The Client shall ensure that all details given of the venue are correct.
- The Client should indicate what access for the venue is available e.g. stairs, lifts, car parking etc.
- The Client hereby engages the COMPANY to act as an agency to book musicians to provide a musical performance service. The musical performance service is to be performed at the agreed location.
- The COMPANY hereby agrees to provide musicians to provide a musical performance service for the Client at the agreed location.
- The COMPANY will endeavour to supply the musician originally booked as per the enquiry process. The company can, at it’s discretion, supply an alternative musician.
- The COMPANY will be holding your date exclusively for you and will turn away all other work. The potential loss of work in the event of a cancellation is real and tangible therefore The COMPANY will charge a cancellation fee. Cancellations must be made in writing or by e-mail. No telephone cancellations can be accepted.
- If The Client cancels within 60 days before the event the cancellation fee is 100% of the balance outstanding. Cancellation before then the only penalty will be the loss of the initial payment.
- The COMPANY reserves the rights to record video of the event and also take photographs, both which may be used for promotional purposes.
- The said musical performance service shall consist primarily of providing musical entertainment by means of a recorded music format.
- All bookings are taken in good faith and all booking fees are strictly non-refundable. The booking fee is the cost of retaining the services of the COMPANY. The booking fee paid shall be applied toward the performance fee.
- The balance of all payments is due to the individual musician(s) the night of the event. All payments must be made in cash at the start of the event. Cheque / Credit card or other forms of payment cannot be accepted. Any shortfall in the expected payment must be corrected on the day of event. The COMPANY is unwilling to make a return visit to the venue or follow up with the purchaser at a later date to correct this shortfall.
- If the Client has booked the main act package and then decides to additionally hire the services of a band, the package with the COMPANY can be changed/downgraded from main act package booking to after main act package however the original agreed fee will still apply even though the playing time has now been shortened.
- If the Client has booked a Duo/Trio package and decides to ‘down-grade’ to a DJ only or Duo package respectively, the original fee will still apply even though the number of performers has reduced.
- The COMPANY will not be held responsible for reduced playing times or a later than anticipated start time due to delays in the serving of the meal, lengthy speeches, absence of an area to set up in or any other factor outside of his control. Any delays that coincide with our expected playing time are considered to be part of the playing time.
- Musician set up will occur when the main act is taking their half set break or nearing the end of their set for the after main act package. Set up will occur after the meal and speeches have finished for the main act package unless otherwise agreed. It is understood that, depending on the equipment requirements of the room set up may require up to 45 mins. This time will generally coincide with the turnaround of the room by banqueting staff for the evening reception. Certain hotels and venues request an early set up. Early set up can occur if convenient for the musicians. An additional early set up charge will apply unless otherwise agreed.
- Services requested that exceed the specified time frame will be charged at the rate which is agreed on the night with the musicians, payable in advance of the additional playing time. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
- The latest playing time for any package will be 2.30am (where the venue permits and possibly earlier in accordance with certain venues’ policy) and service will be provided up to a maximum of 3 hours for after main act package and 5 hours for full night package.
- The COMPANY is not liable for any failure to supply a product or service where that failure is caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, natural disasters and acts of God.
- If such circumstances arise, all reasonable efforts will be made by the COMPANY to find replacement entertainment at the agreed upon fees. Should the COMPANY be unable to procure a replacement, Client shall receive a full refund of any booking fee paid. The Client agrees that the refund will be the full extent of damages he or she is entitled to and no further damages may be sought against the COMPANY. This is the extent of the COMPANY’s liabilities.
- It is understood that if this is a “Rain or Shine” event, the musicians’ compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for set-up area. The musicians reserve the right to stop or cancel the performance should the weather pose a potential danger to them, their equipment, or audience. Every effort will be made to continue the performance however safety is paramount in all decisions. The musicians’ compensation will not be affected by such cancellation.
- It is the Client’s responsibility to ensure that all guests properly conduct themselves at all times. The Client must be responsible for all guests and their actions.
- The Client will provide adequate supervision of its guests, including children, at the venue, and will be liable for any loss of or damage to The COMPANY’s equipment or personnel belongings, caused by guests attending the function.
- In the event of circumstances deemed to present a threat or implied threat of injury or harm to the musicians or any equipment in the musicians’ possession, the musicians reserve the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), the musicians shall resume performance their accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether the musicians ceases their performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, the COMPANY reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
- The COMPANY is not liable for any damage to the venue; any potential hazard must be pointed out by the client or the venue staff at the time of set-up.
- The Client shall be entitled to have control of the performance of the COMPANY at this engagement. A written music request list must be received from the Client at least four weeks prior to the date of the engagement for it to be included in the musicians programming guidelines. With or without the aid of a music request list, the musician(s) shall attempt to play Client’s music requests but shall not be held responsible if certain selections are unavailable.
- In the event of non-payment, the COMPANY retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by the COMPANY. Client shall be charged for each bounced cheque plus a service charge for each collection notice.
Company No. 587124
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