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The agreement
of the DJ to perform is subject to proven
detention by accidents, riots, strikes,
epidemics, acts of God, or any other
legitimate conditions beyond their control.
If such circumstances arise, all reasonable
efforts will be made Coast DJ Service to
find replacement entertainment at the agreed
upon fees. Should Coast DJ Service be unable
to procure a replacement, Purchaser shall
receive a full refund. Purchaser agrees that
in all circumstances, Coast DJ Service
liability shall be exclusively limited to an
amount equal to the performance fee and that
Coast DJ Service shall not be liable for
indirect or consequential damages arising
from any breach of contract.
All deposits are nonrefundable if cancelled
within 30 days of the engagement unless the
DJ cancels the engagement.
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No performance
on the engagement shall be recorded,
reproduced, or transmitted from the place of
performance, in any manner, or any means
whatsoever, in the absence of a specific
written agreement with Coast DJ Service
relating to and permitting such recording,
reproduction, or transmission. Pictures and
videotape of the event are permitted for the
private use of the contracting party only.
Coast DJ Services reserves the right to use
recordings, audio, video, pictures, or
images from the event and/or
reproductions/edits thereof for display,
publication, advertisement, web publish, on
websites, or any other purposes at its sole
discretion, without compensation of any
kind. All service/performance, recordings of
service/performance, video recordings,
pictures, and images are Copyright © 2009
Coast DJ Services. All Rights Reserved.
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The purchaser
and DJ agree that this contract is not
subject to cancellation unless both parties
have agreed to such cancellation in writing.
In the event the Purchaser breaches the
contract, he or she shall pay the DJ the
amount set forth above as "Wage agreed upon"
as liquidated damages, 6% interest thereon,
plus a reasonable attorney's fee.
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It is hereby
further agreed; that the Purchaser shall be
held liable for any injury or damages to the
DJ, or property of Coast DJ Service, while
on the premises of said engagement, if
damage is caused by Purchaser or guest,
members of his organization, engagement
invitees, employees, or any other party in
attendance, whether invited or not.
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It is
understood that if this is a "Rain or Shine"
event, Coast DJ Services compensation is in
no way affected by inclement weather. Coast
DJ Services reserves the right to protect
their equipment by any means necessary,
including removing equipment or stopping
service, at its sole discretion, if Coast DJ
Services deems it necessary. This may occur
due to, but not limited to, inclement
weather (especially rain), other acts of
God, endangerment from event attendees,
uninvited persons, you, your agents, or
anyone else present. For outside
events/service, you shall provide overhead
shelter for DJ system setup area and DJ
equipment areas. Coast DJ Services may still
remove the setup and equipment from outside,
covered or not, if rain or inclement weather
dictates per Coast DJ Services sole
judgement. Every effort will be made to
continue the performance. However, safety is
paramount in all decisions. The DJ's
compensation will not be affected by such
cancellation.
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In the event of
circumstances deemed to present a threat or
implied threat of injury or harm to Coast DJ
Service staff or any equipment in Coast DJ
Service possession, Coast DJ Service
reserves the right to cease performance. If
the Purchaser is able to resolve the
threatening situation in a reasonable amount
of time (maximum of 15 minutes), Coast DJ
Service shall resume performance in
accordance with the original terms of this
agreement. Purchaser shall be responsible
for payment in full, regardless of whether
the situation is resolved or whether Coast
DJ Service resumes performance. In order to
prevent equipment damage or liability
arising from accidental injury to any
individual attending this performance, Coast
DJ Service reserves the right to deny any
guest access to the sound system, music
recordings, or other equipment.
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Purchaser shall
provide Coast DJ Service with safe and
appropriate working conditions. This
includes a 12-foot by 12-foot area for
setup, space for setting up speakers and
lighting stands. Coast DJ Service requires a
minimum of one 15-20-amp circuit outlet from
a reliable power source within 50 feet
(along the wall) of the set-up area. This
circuit must be free of all other connected
loads. Any delay in the performance or
damage to DJ's equipment due to improper
power is the responsibility of the
purchaser. Two circuits are preferred, where
possible. Additional outlets on SEPARATE
circuits for lighting (if contracted for)
are required. Purchaser shall provide crowd
control if warranted; and furnishing
directions to place of engagement. Purchaser
is responsible for paying any charges
imposed by the venue. These charges may
include, but are not limited to, parking,
use of electric power, and fire marshal if
necessary (for use of fog).
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The Purchaser
shall at all times have complete control,
direction and supervision of the performance
of Coast DJ Service at this engagement and
Purchaser expressly reserves the right to
control the manner, means and details of the
performance of the services of Coast DJ
Service. A written event/music planner or
music request list must be received from the
Purchaser and forwarded to Coast DJ Service
at least two weeks prior to the date of the
engagement for it to be included in Coast DJ
Service programming guidelines. With or
without the aid of an event/music planner or
music request list, Coast DJ Service shall
attempt to play Purchaser's and Purchaser's
guests' music requests but shall not be held
responsible if certain selections are
unavailable. Coast DJ Service will make an
extra effort to have music requests
available if they are received IN WRITING at
least two weeks prior to the engagement.
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Events are not
officially booked or date/time frame
reserved until receipt of initial Retainer
Payment by Coast DJ Services. Events are
booked on a first-come basis when available.
Dates/Time Frames are not held without
Booking and receipt of Retainer Payment. If
you book an event through this system for
which we are not available or if we do not
accept your booking, a full refund of your
initial retainer payment will be made. Coast
DJ Services reserves the right to deny any
booking request for any reason at its sole
discretion.
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In the event of
non-payment, Coast DJ Service retains the
right to attempt collection through the
courts. Purchaser will be held responsible
for all court fees, legal fees, and
collection costs incurred by Coast DJ
Service. Purchaser shall be charged $25 for
each bounced check plus a $7.50 service
charge for each collection notice.
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This agreement
guarantees that Coast DJ Service will be
ready to perform at the start time of the
engagement. No guarantee is made as to Coast
DJ Service time of arrival; however, Coast
DJ Service requests that they be permitted
to setup 60 minutes before the engagement
and 60 minutes after the engagement for
takedown. Coast DJ Service also requests
ramp or elevator access between the
parking/service entrance and the setup area.
If the venue requires setup or takedown in
less time, or if equipment must be carried
up stairs or lifted onto a stage to reach
the setup area, additional labor will be
charged at the rate of $50.00. If Purchaser
or venue requires Coast DJ Service to
complete setup more than one hour before the
start time, or to postpone takedown more
than hour after the end time indicated, the
additional time will be charged at the rate
of $50.00 per half-hour.
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Engagements
within the three South Mississippi Counties
will not be assessed a travel charge.
Services requiring travel outside of this
area will be charged at $0.50 per mile.
Engagements in excess of 250 miles will
require accommodations be made for an
overnight stay in a local hotel/motel for
Coast DJ Service to be provided by
Purchaser.
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