Any booking whether confirmed verbally, electronically or in writing will be subject to a contract carrying the following terms and conditions. Book a DJ ("Agent") has prepared these terms and conditions, for the benefit of the parties. 

 

Upon confirmation of a booking, the Agent will issue these terms and conditions and the Booking Form 

 

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non-negotiable terms and conditions of booking:

 

This booking contract is negotiated by the Agent and is made between the Client and the DJ. In this respect, the Agent is acting as an 

employment agency in issuing this contract and shall not be held responsible for a breach of this contract howsoever caused.

 

All terms used in the Entertainment Booking Form shall apply in these terms and conditions.

 

All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the DJ, whether orally, electronically or in writing ("Confirmation").

 

The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.

The Agent will store the Contract for safe keeping (copies of which will be readily available on request) and will continue to act as the Agent and 

negotiator between both parties for the period up to and including the Event Date, and for a further period of eighteen months.

 

The Total Cost is inclusive of VAT and reasonable expenses for travel time.

 

The agreed Deposit is due strictly before the event. Deposits can be paid by cheque, debit/credit card or BACS transfer 

(details for payment are set out in the Entertainment Booking Form or invoice). 

 

The Deposit is non-refundable.

 

Unless otherwise agreed by the DJ and the Agent in writing on the Entertainment Booking Form, the Balance is payable to the Artist either in

cash or by cheque on the day of the event.

 

If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, 

the DJ has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously, and remain liable for any cancellation fees due (see clause 5 below).

 

Cancellations by the Client

 

The Client shall have the right to terminate this Contract only in the case of a Force Majeure Event (as defined by clause 18) 

provided that the Client informs the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.  

 

The Agent shall notify the Artist of the cancellation as soon as reasonably practicable after being informed by the Client.

 

Where the Client has terminated (or is deemed to have terminated) the Contract the DJ shall use all reasonable endeavours 

to secure an alternative booking on the Event Date either with the Agent or another agency that the DJ uses.

 

If the Client cancels a Contract for any reason other than a Force Majeure Event the Client shall be liable to pay a cancellation fee, 

in addition to loss of the Deposit, calculated as follows:

 

CANCELLATION PERIOD CANCELLATION FEE

less than 48 hours after Confirmation and more than 7 days before Event nil

up to 2 weeks before Event 25% of Balance

up to 1 weeks before Event 50% of Balance

3 days before event 100% of Balance

 

All cancellation fees shall be paid to the Agent within 14 days of the Event Date who shall forward the same on to the DJ within 7 days of receipt of clear funds.

 

Any payment outstanding from the Client will be referred to the Agent's debt recovery company and will be subject to a surcharge of 15% plus VAT to cover administration fees and costs incurred.  Such surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable.

 

It is the Client's responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.

 

 

The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event.

 

The DJ shall inform the Agent as soon as reasonably practicable on becoming aware of the Force Majeure Event.  The Agent shall notify the Client of the cancellation as soon as reasonably practicable after being informed by the DJ and make all reasonable attempts to find a suitable replacement artist of similar standard, style and cost.  Should a suitable replacement not be found, the Agent agrees to immediately refund the Client the Deposit plus any other fees already paid in advance.

 

The Client shall have the right to reject any last minute replacement artists provided that the replacement artist is not required to perform.  If the Client still requires the replacement artist to perform, then their full fee will be due.

 

 

Failure by the Client to pay the Deposit within the terms specified will be deemed to be termination of the Contract.

 

 

Failure by the Client to pay the Artist within the terms specified will result in interest being charged on the balance due.  

 

Non-payment of the Balance will result in legal action and any payment outstanding from the Client outside of these terms will be referred to the Agent's recovery company.

 

 

If through its own fault the DJ is unable to fulfil part of the event schedule or breaks the terms of this contract and the Client would like to claim a reduction on the Artist’s fee, a complaint must be made in writing to the Agent no more than 30 days after the Event Date. 

 

Full payment must still be made to the Artist as agreed in the contract.  The Client shall not be entitled to set off any discount it feels it is due against the payment of the Total Cost.  Failure to pay the Artist within the terms of this Contract will incur charges.

 

Whilst the Agent cannot be held responsible for the actions or failures of either the Client or DJ, the Agent will use reasonable endeavours to settle disputes without the need for either party to take legal action against each other.  Once a written complaint has been made by the Client, the Agent will contact the DJ to discuss the complaint and request a written statement detailing their version of events. 

 

The Agent will act as mediator between Client and DJ in order to come to an amicable agreement over any refund or expense which may be due.  If the Agent cannot settle the dispute to the mutual satisfaction of both the Client and DJ, both parties shall be entitled to take further legal advice and pursue any other course of action.

 

 

 

Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Agent.  Should this not be possible, changes are to be agreed between the Client and the Artist prior to the performance. 

 

If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.

 

If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, and the Artist does not agree an additional charge, then 10% of the total balance due per ½ hour over run, payable on the Event Date by the Client to the Artist in cash or by cheque shall become due as a late finish fee.

 

The DJ has the right to refuse to finish later than the contracted finish time without penalty.

 

If the Event schedule is changed on the Event Date and the DJ is required and agrees to perform for longer than the agreed 

performance times there is an hourly rate.

 

The DJ has the right to refuse to extend their performance times without penalty.

 

The DJ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of the Agent to the Client, their guests, staff, venue or contractors.  

 

The DJ cannot be held responsible for non-performance in circumstances where a sound limiter is set so low that live music performance is not possible for an Artist of its type.

 

 

It is agreed by the Client and the DJ that the equipment of the DJ are not available for use by other performers or persons. 

 

There will be no reduction in the DJs fee if a stand in DJ is used.

 

 

A "Force Majeure Event" occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the DJ or Client.

 

This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

 

The parties agree that this contract is governed by Irish law and hereby submit to the exclusive jurisdiction of the courts of Ireland.

 

 

The DJ agrees to provide a performance that is to the best of their ability, as known to the Agent and as advertised to the Client.

The DJ will make every effort to ensure their politeness and courteous with the client, their guests and all venue staff and contractors.

 

The DJ agrees to provide all DJ equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the DJ's responsibility to ensure the good working order and safety of their own equipment.

 

The DJ agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately on the front of this contract), including travelling expenses to and from the venue.

 

The DJ will refrain from any excessive drinking before, during and after the performance at all times and when the Client or their guests are present.

 

The DJ will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artists. 

 

The DJ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.

 

The DJ agrees not to hand out business cards or any promotional materials bearing their personal contact information. The DJ must refer all prospective clients resulting from this booking to the Agent or the client.

 

The DJ shall be suitably dressed during their performance.

 

The DJ is not employed by the Agent and they are responsible for their own accounting and payment of TAX.