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1. Parties: This agreement is for personal services of one Disc Jockey ("DJ') as described below, between ______________ (Purchaser) and Manifest Mobile Entertainment ("MME"). 2. Performancce Title:_______________________ Date:_______________________ Location: _________________________ _________________________________ Start Time________End Time_________ # of Guests_______ Age range_________ 3. MME Responsibilities: Purchaser shall at all times have complete control, direction and supervision of Performance. Purchaser expressly reserves the right to control the manner, means, and details of the Performance. A written event/music planner or music request list must be received by MME at least two weeks prior to the date of Performance in order to be included in the programming guidelines. With or without the aid of an event/music planner or music request list, DJ shall attempt to play Purchaser's and Purchaser's guests' music requests, but shall not be held responsible if certain selections are unavailable. MME will make an extra effort to have music requests available if they are received by MME in writing at least two weeks prior to performance. 4. Purchaser Responsibilities: 4a. Purchaser will make Venue available to DJ at least 60 minutes before the Start Time, for set-up of the equipment and materials. Purchaser will make Venue available to DJ at least 60 minutes after the End Time, for takedown of the equipment and materials. 4b. If possible, Purchaser will provide elevator or ramp access between the parking/service entrance and the set-up area. If that is not possible and in the event of an abundance of stairs, the Purchaser may be obligated to pay an additional fee for labor assistance. 4c. Purchaser will provide MME with a safe and appropriate working environment. This includes but is not limited to: a facility that completely covers and protects MME's equipment and materials from adverse weather conditions (e.g., direct sunlight, rain, excessive winds); crowd control if warranted; and directions to Venue and free parking. Purchaser accepts full responsibility and is liable for any damages, injuries, or delays that occur as a result of failure to comply with this provision. 4d. Purchaser is responsible for all charges imposed by Venue. These charges may include, but are not limited to, parking, use of electric power, elevators, fire marshal, and the time before and after Performance used by MME for setting up and taking down equipment. 5. Time and Payment: 5a. The total amount due ("Performance Fee") is $__________ . Purchaser shall pay a non-refundable Reservation Fee of $50.00 upon signing this agreement. No later than two weeks prior to the event, 50% (half) of the remaining balance of the Performance Fee is due and also non-refundable. A late fee of $25 shall be applied to the Performance Fee if the aforementioned payment is received later than two weeks prior to the event. The Purchaser shall pay MME any balance due, before the Performance begins. 5b. Performance Fee applies only to Start Time through End Time as specified above. Purchaser and MME may mutually agree to extend the Performance beyond the time specified above, at the rate of $75.00 per hour, billed in one-hour increments. There will be a 10-minute grace period before overtime is incurred for any one-hour period. All provisions of this agreement shall continue to apply during any such extension of Performance, however the DJ's availability cannot be guaranteed. 5c. This agreement is contingent upon the receipt of the Reservation Fee and Agreement (must be signed by the Purchaser) . Purchaser shall be charged $35 for each returned check, in addition to bank service charges incurred by the DJ.
6. Termination: 6a. This agreement cannot be cancelled except by mutual written consent of both Purchaser and MME. If cancellation is initiated by the Purchaser in writing and agreed to by MME in writing, Purchaser will forfeit the Reservation Fees as they are non-refundable. 6b. This agreement shall be excused by detention of DJ by sickness, accidents, riots, strikes, epidemics, acts of God, Force Majeure or any other legitimate condition beyond DJ's control. If such circumstances arise, MME will make all reasonable efforts to find a replacement DJ at the agreed-upon fees. Should MME be unable to procure such a DJ, Purchaser shall receive a full and prompt refund of all fees paid, including the Reservation Fee. Purchaser agrees that under all circumstances, MME's liability shall be exclusively limited to an amount not to exceed the Performance Fee, and that MME shall not be liable for indirect or consequential damages arising from any breach of contract. 7. Miscellaneous: 7a. Purchaser may not transfer this contract to another party without the prior written consent of MME. 7b. This agreement is not binding until received and signed by MME. Any changes must be written and signed by both Purchaser and MME. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. 7c. This agreement shall be governed by the laws of the State of Virginia. 7d. In the event of circumstances deemed by DJ to present a threat or implied threat of injury or harm to DJ or any equipment or materials in DJ's possession, DJ reserves the right to cease performance. If Purchaser is able to resolve the threatening situation quickly (15 minutes maximum) and to DJ's satisfaction, DJ 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 DJ resumes performance. DJ reserves the right to deny anyone access to the equipment and materials provided by MME. Agreed by Purchaser: Purchaser Signature: _______________________________________ Date: _______________________________________ For: Purchaser Name_______________________________________ Address __________________________________________________________________________________________________ Phone#_________________________________________________ Agreed by MME: DJ Manifest; Signature: _______________________________________ Ervin M Russell Date: _______________________________________ For: Manifest Mobile Entertainment Richmond, VA 804-852-6456 manifestmobile@yahoo.com; djmanifest.com |
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