Steve Myers DJ Bandstand

CONTRACT

Project Details:

Client:

Event:

Event Location:

City/County:

Venue Contacts:

Event Date:

Time Ceremony:

Times Reception/ Party/Event

Start:

Over:

Services:

• ____ hours of continuous DJ Service performance time from Steve Myers DJ Bandstand (the “Artist”) on the Event Date and at the Event Location in accordance with the Terms of Service outlined below.
• Includes Wireless Microphones, Music and Sound System provided by Artist.
• ____ Planning Sessions for Onboarding, Detailing, Scripting & Finalizing ahead of the Event at mutually-agreed dates and times to create your business event or private party, including preplanning by telephone, email and/or text to script in order to specify specific audio engineering, music, AV and/or Audio Video services at the Event.

Additional Specifications: [Arrival time

Time needed for set-up:

Time needed for break-down:

Total Price: $

Itemized Bid: Yes No

50% Down Reserves the Date: $

Balance Due 30 Days Before Event: $

THE PARTIES: This Agreement is between the undersigned Client and Artist for the above described Services for the Event.

NON-REFUNDABLE BOOKING FEE: Unless a greater deposit is required by Artist in Artist’s sole discretion, a Non-Refundable Booking Fee of 50% of the Total Price is payable at the time this Contract is signed by Client. Event Date will not be considered reserved until this Contract has been signed by Client and the Non-Refundable Booking Fee has been received by Artist. The Non-Refundable Booking Fee will be credited towards the Total Price for the Services.

BALANCE DUE: The Balance Due for the Total Price for the Services must be paid in full to Artist no less than 30 calendar days before Event Date. Failure of Client to pay Balance Due more than 30 days in advance of Event Date may result in Client losing reservation of services provided by Artist. Client understands and agrees to this provision.

PAYMENT: American Express, Discover, MasterCard, PayPal, Venmo, VISA, Debit Cards or business checks are accepted. A $25 service charge will be assessed for returned checks, plus any bank service charges incurred by Artist. Client understands and agrees that a returned check for the Non-Refundable Booking Fee may result in Client losing reservation of Event Date at the discretion of Artist.

CANCELLATION POLICY: Should an act of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond Artist’s control, or other causes reasonably beyond Artist’s control, prevent Artist from fulfilling the Services in accordance with this Contract, Artist shall not be held liable. Every reasonable effort will be made to contact Client as soon as practicable to discuss options for the Event Date and Artist will use commercially reasonable efforts to find a replacement at the agreed-upon fees. Should Artist be unable to procure a replacement, Client shall receive a full and prompt refund of all fees paid, including the Non-Refundable Booking Fee. If Client fails to provide the applicable on-site requirements set forth in this Contract and fails to promptly address the issue after request by Artist, Artist can cancel the Services and this Contract, and Client shall not be entitled to any refund or reimbursement whatsoever.

Should the Client cancel this Contract due to an act of God or other event or circumstance outside of Client’s control, the Client will not be held liable, but no portion of the Total Price will be refunded. If the Client for any other reason cancels this Contract less than 90 days prior to Event Date, the Client agrees to promptly pay to Artist the Balance Due. Cancellation must be made in writing either via email to: tvproducersm@gmail.com or by mail to: Steve Myers DJ Bandstand, 5733 Champion Court, Arlington Texas 76017.

Artist reserves the right to terminate the Contract and the Services, deny services and/or stop a performance without a refund if the Artist is harassed, verbally abused, or threatened with the use of physical harm by any person at the Event.

WARRANTY: Artist warrants that all Services will be performed in a workmanlike manner and will substantially conform to the specifications set forth in this Contract. EXCEPT FOR THE IMMEDIATELY PRECEDING WARRANTY, ARTIST MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CLIENT ASSUMES ALL RISK WHATSOEVER FOR RESULTS OBTAINED BY THE USE OF, OR THE FAILURE TO USE, THE SERVICES PROVIDED BY ARTIST. No action against Artist for breach of this Contract or otherwise may be brought more than one year after the date of the accrual of such cause of action.

LIMITATION OF LIABILITY: CLIENT AGREES THAT UNDER ALL CIRCUMSTANCES ARTIST’S LIABILITY SHALL BE EXCLUSIVELY LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL PRICE FOR THE SERVICES ACTUALLY PAID TO AND RECEIVED BY ARTIST, AND THAT ARTIST SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM ANY AND ALL CLAIMS, LOSSES, AND DAMAGES OF ARISING OUT OF, RELATING TO OR RESULTING FROM THIS CONTRACT OR THE SERVICES PERFORMED BY ARTIST PURSUANT TO THIS CONTRACT.

ADDITIONAL PROVISIONS:

ON-SITE REQUIREMENTS: Client shall ensure Artist is provided with one dressed table for equipment located next to the dance floor on the main floor of the Event Location adjacent to the stage or presentation location. No lofts or stairways shall be necessary in order to set up any of Artist’s equipment or speakers at the Event Location.

Client shall ensure Artist is provided with sufficient electrical power located within 50 feet of set up area at the Event Location in order to perform the Services.

Client shall ensure for any outdoor performance that Artist is provided with shelter that completely covers and protects Artist, all equipment and personnel from all weather conditions, including by ensuring the performance area is clean and dry with no rain or wet surfaces.

Client shall ensure reasonable steps will be taken to protect Artist’s equipment and personnel and that crowd control and off duty police or security services will be provided if warranted, as determined by Artist. In order to prevent equipment damage or liability arising from accidental injury to any individual attending the Event, Artist reserves the right to deny any guest or attendee access to Artist’s sound system or other equipment.

INDEMNIFICATION: Client will indemnify, defend, and hold harmless Artist from and against any losses, damages, liabilities, injuries, claims or expenses, including attorneys’ fees, whether or not litigation is commenced, arising from or relating to (a) Client’s negligence or willful misconduct, (b) Client’s breach of any covenant or warranty under this Contract, and (c) the ultimate results of the Services and all and decisions, actions or omissions of Client. If Artist defends and/or handles such claim or action, Client, at Client’s own expense, will reimburse Artist for all of its legal fees and any other expenses incurred with respect to the defense or settlement of said claim or actions. The Artist will not be bound by any settlement made by Client without the Artist’s prior written consent.

Client is responsible for the behavior and demeanor of all guests attending their event. Client will ensure that Artist is treated professionally and will not permit inappropriate guest or attendee behavior. In the event of circumstances deemed by the Artist to present a real or implied threat of injury or harm to Artist, Artist’s equipment or personnel, Artist reserves the right to cease performance and suspend the Services until such time as the threatening situation is resolved, and Client shall not receive any credit, refund or extension in connection with any such period during which the Services are suspended. Client shall be responsible for payment in full regardless of whether the applicable threat is resolved or whether Artist resumes performance. Client agrees to indemnify and hold Artist harmless from and against any loss or other damage to property or personal injury to Client and third parties which are not the direct result of Artist’s gross negligence or willful misconduct.

OVERTIME RESTRICTIONS: The Services are for ___ hours of continuous performance time at the Event by Artist on Event Date. Client may purchase overtime Services at $500 per each additional hour, payable in advance and non-refundable, up to 48 hours prior to Event Date. Overtime service may not be purchased on Event Date, or during Event.

EVENT LOCATION: Prior Event Location approval is required and other Event Location restrictions may apply; one performance location only on Event Date at Event Location. Client must be present at Event Location and Artist reserves the right to end performance when fewer than 25 guests are in attendance and the responsible parties are at the Event Location. Notwithstanding anything in this Contract to the contrary, if the Client leaves the Event Location the Event is considered over and Artist is free to terminate the Services and leave the Event Venue.

MUSIC POLICY: Artist maintains a music library of clean [non-explicit] songs. To prevent playback problems during the Event, Artist will not rely on cellular or wifi networks to play songs outside of the Artist’s music library on SSD drives. Artist will not play any: Apple Music, Spotify, YouTube, any other streaming or internet music sources, and/or Client or guest devices such as smart phones or devices of any kind.

MODIFICATIONS AND QUALIFICATIONS: The terms and conditions described in this Contract are the ONLY binding terms of this Contract. All attached or enclosed pages, music lists, planners or any other forms are NOT considered a part of this Contract. This Contract supersedes any and all prior written or oral negotiations or agreements. No changes may be made to this Contract unless mutually agreed in writing by Artist and Client.

DIGITAL SIGNATURES: By accepting this Contract and digitally signing, digital signatures confirm that all parties have read and accepted each provision and all terms and conditions of this Agreement. Event Date is not considered reserved until this Contract (digitally signed by Client) and Non-Refundable Booking Fee are received by Artist (dates are booked on a “first come, first served” basis).

MISCELLANEOUS: This Contract (a) is binding upon and inures to the benefit of the parties and their successors and permitted assigns, except that a party may not assign any rights or obligations pursuant to the Contract without the prior written consent of the other party; and (b) is governed by, and will be interpreted and construed in accordance with, the laws of the State of Texas, without regard to principles of conflicts of law. Venue for any claim or dispute arising under or relating to this Contract must only be brought in a federal or state court located in the State of Texas, Tarrant County. This Contract shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing an instrument to be drafted. Artist’s failure or delay at any time to exercise any right under any provision of this Contract shall not limit or operate as a waiver of such right; nor shall our waiver of any breach of this Contract operate as a waiver of any subsequent breach of the same or any other provision of this Contract.

At your service,

Steve Myers DJ Bandstand

Digital Signalture Steve Myers and Date

Mobile/Text: 817-343-6394

ACCEPTED AND AGREED BY:

CLIENT:

Digital Signature:

Name Printed/Typed

Date:

Mobile/Text:

Payment Type(s):