ADDICTIVE DJ’S TERMS AND CONDITIONS
1) Responsibilities of Addictive DJ's (ADJ)
a. ADJ agrees to provide;
i. Professional high-quality sound reinforcement equipment, and
ii. Music, by way of recorded media such as CDs, records or MP3 files, and
iii. Disc Jockey (and/or MC by agreement) entertainment, and
iv. lighting effects equipment and stands as per invoice.
b. ADJ personnel shall;
i. always be well presented and behave in a manner acceptable to ADJ Management.
ii. never consume alcohol prior to, or during the event unless it is deemed to be acceptable by the Client.
iii. be considerate of medical conditions, such as epilepsy when operating lighting equipment.
c. ADJ will only use non-allergenic water based fog liquid for use in fog machines.
d. Safety of ADJ personnel, the client and guests shall at all times be a priority.
e. Should the Client request music for the event that ADJ do not currently own then the Client can provide ADJ with a recorded Compact Disc.
f. Subject to section 3b, ADJs guarantees that the DJ on the night will be one of ADJ trained professional DJs.
g. ADJ is not responsible for the failure, or outage of electricity supply.
i. In case of such an event;
1. ADJs will do their best to keep the Client’s guests entertained until the power comes back on, or until contracted time expires, and
2. The Client shall remain liable for the total performance fee.
2) Responsibilities of the Client
a. The Client agrees to provide;
i. Performance area;
1. A minimum clear floor space of 3 metres by 1.5 metres with a height clearance of 2.2 metres, or
2. for large events, such as school balls or events with expected attendance of 300 people or more require a minimum clear floor space of 10 metres by 4 metres with a height clearance of 3 metres.
3. Should the performance area be required to be shared with other performers then adequate floor space must be available for all the performers and backstage changing facilities provided if required.
ii. Electricity supply;
1. A minimum of two live power outlets, rated at 10amp within ten metres of the performance area, or
2. for large events, a minimum of three power outlets, rated at 13 amp within ten metres of the performance area.
iii. Security of the performance area.
1. A security breach may result in termination of the performance. Liable causes of a security breach may include;
a. the Client, their agents or guests interfere, impede, or constitute a nuisance to ADJ where the integrity, quality, or safety of ADJ equipment and, or
b. the performance has become detrimentally affected.
2. The Client agrees that all efforts will be made by ADJ to verbally warn the Client before terminating the performance thereby giving the Client the opportunity to have the offender/s removed and safety restored. Should this is not possible, or the Client cannot be located, or otherwise contacted at the time, ADJ safety and equipment shall be first priority.
iv. Shelter for outdoor performances, such as reasonably adequate to prevent damage to ADJ equipment caused by wet weather.
1. Under any circumstance should the safety of ADJ equipment or the DJ become compromised then the DJ may be forced to end the performance?
b. The Client agrees to ensure the venue has all appropriate licences and permits for the performance of music for public, or private entertainment.
c. The Client accepts full financial responsibility and shall be liable for professional repair of, or replacement of, should repair be impracticable in the event of loss, or damage to ADJ sound reinforcement equipment, lighting equipment, music library, personal property and any other equipment by the Client, their contractors, agents or guests at the event failing to adhere to sections 2a(iii), 2a(iv) and 2h.
d. Adequate time shall be allowed for, by the Client and Venue to allow ADJ to unload and set up equipment and perform a sound check prior to the performance start time and, on completion of the performance disassemble and remove ADJ equipment ready for transport. The Client must take this into account when planning any arrangements.
e. The Client is responsible at the end of the performance for the collection of any Compact Discs or property left at his/her own risk with the DJ.
f. The Client must provide ADJ with written consent from the venue management for the use fog/smoke machines within the venue. Failing to do so the Client shall be liable for any and all costs including damage to the venue as a result of sprinklers being activated, emergency service call out fees and any other costs involved in resetting fire alarm systems.
a. Should the Client cancel, ADJ will retain the deposit as liquidated damages, unless;
i. The event date can be rebooked for the same allocated DJ slot and for at least the same performance fee.
b. ADJ shall, in the event of any unforeseeable circumstances such as death, serious illness or injury to the DJ, unexpected mechanical delays / failures or acts of nature, agree that all efforts will be made to secure another appropriate DJ, MC and, or equipment for the duration of the agreed performance times. If for any reason that is not possible the Client's deposit and the balance shall be refunded in full by ADJ.
c. Should the Client postpone the event for any reason;
i. ADJ will retain the deposit as liquidated damages.
ii. An allowance will be made, whenever possible to reschedule a cancelled or postponed event subject to availability and receipt of a further advance payment, unless the original event date and time slot can be rebooked for an equivalent fee.
a. Payment may be made by cash, Credit Card, cheque or direct credit.
b. Payment of deposit shall be no less than 50% of the total performance fee.
c. Payment details, including bank details, are shown on the invoice issued to the Client.
d. All fees are to be paid in full prior to the event date.
e. In the event of late or non-payment of agreed fees the Client shall be liable for any costs incurred in debt recovery unless prior arrangement has been made in writing with ADJ management.
f. The Client agrees to allow ADJ the option to terminate the booking on the day of the event if payment of agreed fees has not been made in full prior to the event start time and the deposit shall be retained as liquidated damages and total fee shall remain payable.
g. Changes to this agreement that effect the performance fee must be received by ADJ in writing no later than four weeks prior to the event date and no refund shall be given for a downgrade of this agreement.
5) Breach of Agreement
a. Any breach of this agreement made by the Client may result in termination of the performance and thereby may resolve ADJ of any responsibilities under this agreement.
i. In case of such a breach;
1. The Client shall remain liable for the total performance fee.
b. Any breach of this agreement made by ADJ will result in reasonable steps taken to remedy the breach and if appropriate a credit will be issued by way of refund or redeemable voucher.
a. Any refund is subject to a 20% cancellation fee of the total invoice performance amount.
This will be retained, or charged to cover ADJs administration or running costs.
7) Dispute Resolution
a. In the event of a dispute, both parties shall agree upon a payment or refund amount. If no resolution can be agreed upon then,
i. The Client agrees such matter will be acted upon subject to the laws of the City of Tauranga, New Zealand. If legal advice is sought to protect the rights of ADJ, the losing party will be liable for the legal fees for both parties, plus all court costs, if any.
a. Any delayed set up time or subsequently delayed start time due to the overrun of any prior proceedings or of situations being outside of ADJ control will not warrant any extension of the agreed finish time or any fee reduction or discount. However, at the sole discretion of the performing DJ, and with the permission from the venue management, an extension of the agreed finish time may be made subject to additional fees.
i. Any additional fees must be paid to the DJ prior to the commencement of the extended performance at the rate of $177.78 (plus GST) per hour or part hour.
ii. A minimum of 30 minutes charge out applies for any overtime
b. No other persons or performers may use any of the equipment provided by ADJ without prior written consent from ADJ management.
c. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
d. ADJ reserves the right to use any media taken by way of a photograph, audio and/or video recording, by ADJ and may be collected, stored and used for marketing and/or promotional usage in print and/or electronic format. ADJ shall be deemed to have ownership of any copyright of the aforementioned media.
i. ADJ shall have the unlimited right to make promotional use of media in the electronic medium, including promotion of ADJ or its website either directly on the official ADJ website or through a third-party website or electronic service, provided that media shall appear in context to the original cover or page layout.
ii. In addition to the promotional rights described above, ADJ shall have the unlimited right to make promotional use of media in any medium (for example, billboards or brochures), provided that media shall appear in context to the original cover or page layout.