1. 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 DJ Riptide Service to find replacement entertainment at the agreed upon fees. Should DJ Riptide Service be unable to procure a replacement, Purchaser shall receive a full refund of performance fees already paid to DJ Riptide. Purchaser agrees that in all circumstances, DJ Riptide Service, (TOS) liability shall be exclusively limited to an amount equal to the performance fee and that DJ Riptide 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.
2. 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 agreement with DJ Riptide 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. DJ Riptide 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 © 2014 DJ Riptide Services. All Rights Reserved.
3. The purchaser and DJ agree that this contract, (TOS) 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.
4. It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of DJ Riptide 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.
5. It is understood that if this is a “Rain or Shine” event, DJ Riptide Services compensation is in no way affected by inclement weather. DJ Riptide Services reserves the right to protect their equipment by any means necessary, including removing equipment or stopping service, at its sole discretion, if DJ Riptide 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. DJ Riptide Services may still remove the setup and equipment from outside, covered or not, if rain or inclement weather dictates per DJ Riptide 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.
6. In the event of circumstances deemed to present a threat or implied threat of injury or harm to DJ Riptide Service staff or any equipment in DJ Riptide Service possession, DJ Riptide 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), DJ Riptide Service shall resume performance in accordance with the original terms, (TOS) of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether DJ Riptide Service resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, DJ Riptide Service reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
7. Purchaser shall provide DJ Riptide 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. DJ Riptide 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).
8. The Purchaser shall at all times have complete control, direction and supervision of the performance of DJ Riptide Service at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of DJ Riptide Service. A written event/music planner or music request list must be received from the Purchaser and forwarded to DJ Riptide Service at least two weeks prior to the date of the engagement for it to be included in DJ Riptide Service programming guidelines. With or without the aid of an event/music planner or music request list, DJ Riptide Service shall attempt to play Purchaser’s and Purchaser’s guests’ music requests but shall not be held responsible if certain selections are unavailable. DJ Riptide 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.
9. Events are not officially booked or date/time frame reserved until receipt of initial Retainer Payment by DJ Riptide 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. DJ Riptide Services reserves the right to deny any booking request for any reason at its sole discretion.
10. In the event of non-payment, DJ Riptide 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 DJ Riptide Service. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.
11. This agreement (TOS) guarantees that DJ Riptide Service will attempt to be ready to perform at the start time of the engagement. No guarantee is made as to DJ Riptide Service time of arrival; however, DJ Riptide Service requests that they be permitted to setup 60 minutes before the engagement and 60 minutes after the engagement for takedown. DJ Riptide 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 DJ Riptide 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.
Note: Please consider that the DJ or DJ’s my be hungry or thirsty during the party. Let DJ Riptide know if they should bring their own food or drink.
Note: Tips are appreciated if you feel the DJ did a good job for you, or consider letting the DJ know if they can put a tip jar out.
Notice: By filling in the blanks to the form (TOS) below, you agree to all points of the above “Terms of Service.” By filling in the blanks and submitting the form you agree that this is your digital signature and the same as a written signature on any legal document;