The following terms and conditions outline Noteworthy Productions, LLC’s responsibilities (herein also referred to as Company) and the customer/clients responsibilities. Company agrees to provide services as outlined above at the venue indicated above.
Purchaser agrees to pay Agent an aggregate of amount indicated in their invoice for the Performance. Purchaser may add additional DJ hours for one hundred fifty dollars ($150) each and/or additional Photo Booth hours for one hundred ($100) each in advance of, or during the Performance. A non-refundable 25% retainer is due upon execution of agreement. Balance due must be made no later than 7 days prior to Performance. Performance Fee shall be paid in cash, check, money order, cashier’s check (payable to Noteworthy Productions, LLC), credit card, or PayPal.
The sole person(s) with authority to give directions to Agent or Artist respecting music selection, volume control, announcements, and other Performance-related details are included in the client portal forms.
The Purchaser reserves the right to cancel this agreement without obligation upon notice to the Agent prior to 30 days before event. In the event of said cancellation, the retainer made to the Agent will be forfeited.
The Agent reserves the right to cancel this Agreement without obligation upon notice to the Purchaser prior to 30 days before event. In the event the Agent cancels the Performance under the terms of this section, the Agent will promptly return any funds the Purchaser paid to the Agent.
Agent reserves the right to reassign this performance to a fully qualified DJ on the Noteworthy Productions, LLC team (‘New Artist’) upon written/email notice to the Purchaser prior to the event. In the event such a reassignment occurs, Agent will communicate with the Purchaser and the New Artist to ensure all parties have all relevant contract information. All future communicates with respect to the Performance’s logistics, planning, song selection, equipment, etc., will occur with the New Artist.
Those obligations of the Purchaser that are to be completed prior to the Performance are conditions precedent which must be carried out in full by the Purchaser before the Artist is required to perform unless otherwise agreed to by all parties in writing. If the Purchaser cancels or postpones any performance without proper notice, or fails to make any payment, or fails to carry out any other condition precedent as required by this Agreement, then the Purchaser will be in breach of this Agreement and the Artist will have no further obligations under this Agreement. The Purchaser will forfeit any funds already paid to the Agent.
If the Artist experiences technical difficulties and is unable to complete the Performance, Agent will update the fee to a pro-rated amount and issue a refund for any funds paid to Agent in excess of the pro-rated amount. Pro-rated amount will be calculated based on the length of the completed performance. Purchaser agrees to waive this section and pay the full fee in the event of damage or interruption caused by persons at the event, or incidents outside the Artist’s control at the event including electrical problems or power failures. The Purchaser will indemnify, defend, and hold Agent and Artist (including any employees, contractors, agents, and representatives) harmless from all actions, proceedings, claims, demands, liabilities, losses, judgments, damages, penalties, or expenses, of whatever kind, including interest, attorneys’ fees, court costs, and other reasonable costs and charges resulting from the negligence of intentional misconduct of the client or third parties involved with or present at the event, including guests, venue staff, law enforcement, and other vendors. To cover any such claims, Purchaser may obtain a single event liability insurance policy.
Purchaser and Artist shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control. Retainers to Agent are non-refundable.
At its sole expense, Purchaser shall furnish a stage or performance area where equipment poses no risk to persons or property when fully setup. The Performance Area shall include at least one grounded 15 Amp dedicated circuit and a covered area for all DJ equipment setup outdoors.
Purchaser agrees to complete and submit the various forms in their online account (e.g. Planning Form, Event Timeline, Music Requests, etc) no later than 14 days prior to Performance.
Agent acknowledges that it shall perform their obligations hereunder as an independent contractor and not as an employee of Purchaser. Agent further acknowledges that it is not on Purchaser’s payroll and social security or tax withholding rolls. Artist shall have ultimate control and direction in the conduct of the Performance. 12. Insurance. Artist warrants and represents that it has, or shall obtain, sufficient personal injury and property damage liability insurance with respect to the activities of Artist at the Venue.
Agent, Artist, and Purchaser reserve the right to choose against setting up any equipment if doing so would endanger persons or property at the event. In the event that Purchaser, Artist, or Agent invoke this section, Purchaser agrees to pay the amount listed in Section 7.
Purchaser shall be entitled to advertise and promote the appearance of the Agent, Artist, and the Performance. Agent and Artist acknowledge that Purchaser will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the event. Artist and Agent hereby acknowledge and agree that Purchaser may use their name, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the Performance. Promotional items available upon request.
Purchaser gives permission to Agent and Artist to use all images and video obtained during Performance for promotional purposes on Agent’s various marketing channels (e.g. websites, social media, hardcopy materials, etc.).
Artist gratuities are made at the Purchaser’s sole discretion. Gratuities from 10% to 20% of the performance fee is customary for an excellent performance.
Pursuant to the responsibilities of the Client, Company agrees to have a photo booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth.
A non-refundable retainer in the amount indicated on invoice due upon signing of contract. The remaining balance is due 7 days in advance of Client’s Event. If paying by credit card, Client agrees to have Company charge Client’s credit card for payment of services. Client is liable for any overage in time at the cost of $100/hr., which will be billed in half hour increments. Client agrees that in addition to any and all other legal rights and remedies Company may have, Client will pay a $50 fee for any and all returned checks which Client may write to Company as payment for services.
Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photo booth availability. If there is no availability for the alternate date, time, or location, retainer shall be forfeited and no photo booth services will be provided. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
Client shall provide parking for Company’s vehicle while at Client’s Event. The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.
PHOTO BOOTH ACCESS, SPACE AND POWERClient shall arrange for an appropriate space for the photo booth at Client’s venue. Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible. Photo booth may be placed in an exterior location, provided it is protected from weather including, but not limited to, exposure to direct sunlight and rain. Client is responsible for providing power to the photo booth (110V, 10 amps, 3 prong outlet).
In the event Company is unable to supply a working photo booth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Company’s maximum liability will be the return of all payments received from Client. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of Company’s principle place of business at the time of the execution of this Agreement.
Client understands and agrees that all sales and service fees are final.