DJ Performance Contract

The Client engages the DJ, and the DJ accepts the engagement, to provide music selection and disc-jockey performance services for the Event as described in this Agreement. The DJ is engaged as an independent contractor, not as an employee, partner or agent of the Client, and is responsible for the DJ's own taxes and business expenses.

The DJ is the exclusive disc-jockey for the Event unless the Parties agree otherwise in writing. Both Parties shall give each other a working telephone number for the day of the Event and shall notify each other promptly of any change of contact details.

The DJ shall arrive at the Venue by to set up, and shall perform from to (the "Performance Window"), with an initial setup and sound-check period ending before the Performance Window begins.

The DJ is entitled to a break of for every hours performed. During a break the DJ may leave pre-programmed music playing at a reasonable volume so that music does not stop for the room; a break of this kind is not deducted from the Performance Window and does not reduce the fee.

The Performance Window stated above is the full extent of the DJ's obligation to perform. Any time performed beyond the Performance End Time is overtime and is governed by clause 5.

The DJ shall supply the following at no additional cost, in good working order: . Any equipment beyond this list — including — is available only if agreed and paid for separately in advance.

The Client is responsible for ensuring the Venue provides, at no cost to the DJ: a dedicated, continuously powered electrical supply of at least within of the performance area; a level, covered, and secure setup and performance space of at least ; safe load-in access (including any elevator, loading dock, stairs, or parking the DJ needs to know about in advance); and, for any outdoor performance, weatherproof shelter for the DJ's equipment.

If the Venue does not provide adequate power, space or shelter and the DJ's equipment is damaged, or the performance is degraded or cannot proceed as a result, the DJ is not in breach of this Agreement, the full fee remains payable, and the Client is responsible for any resulting equipment damage. The DJ shall notify the Client as soon as reasonably possible of any deficiency the DJ becomes aware of before the Event.

The Client's music and genre preferences for the Event are: . The DJ shall plan the set list around these preferences and shall use professional judgment to read the crowd and keep the dance floor active within them.

The Client's do-not-play list — songs, artists, genres or explicit content the DJ must not play under any circumstances — is: . The DJ shall not play anything on this list even if requested by a guest.

Subject to the two paragraphs above, the DJ retains reasonable professional discretion over the specific songs, mixing, and pacing used to achieve the Client's brief, and is not required to honor every individual guest request.

If the Client wants the DJ to continue performing beyond the Performance End Time and the DJ is willing and able to do so, additional time is charged at , billed in increments, and is payable in cash or by before the additional time is performed, or added to the final invoice if the Parties agree in advance.

The DJ is under no obligation to perform overtime and may decline it, including where continuing would breach a Venue curfew or noise ordinance the DJ has been made aware of, or where the DJ has another engagement immediately following the Event.

The total fee for the Event is , exclusive of any sales tax, VAT or GST, which the Client shall pay in addition where it applies.

To secure the Event date, the Client shall pay a non-refundable deposit of by . The deposit is consideration for the DJ holding the date and turning away other bookings for it, is earned on receipt, and is not refundable except as clauses 7 and 8 provide. The date is not reserved, and the DJ is under no obligation to perform, until the deposit is received and this Agreement is signed by both Parties.

The balance of is due on . Payment may be made by . Sums unpaid after their due date carry interest at , and the DJ may decline to perform until all sums due have been paid in full.

Either Party may cancel this Agreement by written notice. If the DJ cancels for any reason other than one covered by clause 8, the DJ shall refund every sum the Client has paid, including the deposit, within .

The Client may reschedule the Event once to a mutually agreed alternative date within , without penalty, by giving written notice at least in advance, provided the DJ is available on the new date. The deposit transfers to the new date. Where the DJ is not available, the notice period is not met, or a second rescheduling is requested, the request is treated as a cancellation and a rescheduling fee of applies to any new booking.

If the Client cancels, the deposit is not refunded and the following applies, based on the date the written notice is received:

1. more than before the Event: the Client owes nothing beyond the deposit already paid;

2. between that period and before the Event (inclusive): the Client owes of the total fee, less the deposit already paid;

3. fewer than that shorter period before the Event: the full fee is due and payable, less the deposit already paid; and

4. in every case, any expense the DJ has already incurred and cannot recover is payable in addition.

If the DJ cannot attend the Event because of illness, injury, accident, bereavement, transport failure, equipment failure that cannot be remedied in time, or any other cause beyond the DJ's reasonable control, the DJ shall notify the Client as soon as possible and shall use reasonable efforts to arrange a qualified substitute DJ of comparable skill and experience, at no additional cost to the Client. Except where the cause arises so close to the Event that notice is not practicable, the DJ shall give the Client at least notice of a substitution where possible.

A substitute engaged this way performs in that DJ's own style and using that DJ's own equipment, subject to the same equipment, power and space requirements in clause 3, and this Agreement continues to govern the Event on the same terms.

If no acceptable substitute can be found, or the Client reasonably declines the substitute, this Agreement ends and the DJ shall refund every sum the Client has paid, including the deposit, within the refund period stated in clause 7. That refund is the Client's sole and exclusive remedy in these circumstances, and the DJ's total liability for a failure to attend or complete the Event is limited to the total sums the Client has actually paid under this Agreement.

The DJ shall maintain general liability insurance of at least covering the DJ's equipment and performance, and shall provide a certificate of insurance to the Client or the Venue on reasonable request in advance of the Event.

The Client shall ensure the DJ has safe, lawful working conditions at the Venue, and is responsible for the conduct of the Client's guests around the DJ's equipment. Neither Party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue or goodwill, however it arises, and the DJ's total aggregate liability under or in connection with this Agreement shall not exceed the total sums the Client has actually paid under this Agreement.

Nothing in this Agreement limits or excludes either Party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

The Client and the Client's guests may take personal photographs and video of the DJ's performance for their own non-commercial use. The DJ may photograph and record the performance and the Event's atmosphere for the DJ's own portfolio, website, and marketing, provided this does not identify guests in a way the Client objects to in writing before the Event.

This Agreement and any dispute arising out of it are governed by the laws of , and the Parties submit to the exclusive jurisdiction of the courts of . Neither Party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, or an act or order of a public authority; where such an event prevents the Event, the Parties shall first seek to reschedule under clause 7.

This Agreement is the entire agreement between the Parties about the Event and replaces any earlier quote, proposal, message or understanding about it. It may only be amended in writing signed or confirmed by both Parties. Neither Party may assign it without the other's written consent. If any provision is held unenforceable, the rest continues in force, and a failure to enforce a provision is not a waiver of it.

This Agreement is not binding on either Party until it has been signed and dated by both. It may be signed in counterparts and by electronic signature, each of which is an original and all of which together form one agreement.