5. Performance Fee. Purchaser agrees to pay Agent an aggregate of XXXXXX dollars for the Performance. Purchaser may add additional hours for one hundred fifty dollars ($150) each in advance of, or during the Performance. A non-refundable 25% deposit is due upon execution of agreement. Remaining payment must be made no later than 7 days prior to Performance. Performance Fee shall be paid in cash, check, money order, cashier’s check (payable to Noteworthy Productions, LLC), credit card, or PayPal.
6. Artist Direction. The sole person(s) with authority to give directions to Agent or Artist respecting music selection, volume control, announcements, and other Performance-related details are as follows: **DETERMINED AT SIGNING**
7. Cancellation By Purchaser. The Purchaser reserves the right to cancel this agreement without obligation upon notice to the Agent prior to 30 days before event. In the event of said cancellation, the deposit made to the Agent will be forfeited.
8. Cancellation By Agent. The Agent reserves the right to cancel this Agreement without obligation upon notice to the Purchaser prior to 30 days before event. In the event the Agent cancels the Performance under the terms of this section, the Agent will promptly return any funds the Purchaser paid to the Agent.
9. Assignment of Performance to a New Artist. Agent reserves the right to reassign this performance to a fully qualified DJ on the Noteworthy Productions, LLC team (‘New Artist’) upon written/email notice to the Purchaser prior to the event. In the event such a reassignment occurs, Agent will communicate with the Purchaser and the New Artist to ensure all parties have all relevant contract information. All future communicates with respect to the Performance’s logistics, planning, song selection, equipment, etc., will occur with the New Artist.
10. Non-performance by the Purchaser. Those obligations of the Purchaser that are to be completed prior to the Performance are conditions precedent which must be carried out in full by the Purchaser before the Artist is required to perform unless otherwise agreed to by all parties in writing. If the Purchaser cancels or postpones any performance without proper notice, or fails to make any payment, or fails to carry out any other condition precedent as required by this Agreement, then the Purchaser will be in breach of this Agreement and the Artist will have no further obligations under this Agreement. The Purchaser will forfeit any funds already paid to the Agent.
11. Partial performance by Artist. If the Artist experiences technical difficulties and is unable to complete the Performance, Agent will update the fee to a pro-rated amount and issue a refund for any funds paid to Agent in excess of the pro-rated amount. Pro-rated amount will be calculated based on the length of the completed performance.
Purchaser agrees to waive this section and pay the full fee in the event of damage or interruption caused by persons at the event, or incidents outside the Artist’s control at the event including electrical problems or power failures. The Purchaser will indemnify, defend, and hold Agent and Artist (including any employees, contractors, agents, and representatives) harmless from all actions, proceedings, claims, demands, liabilities, losses, judgments, damages, penalties, or expenses, of whatever kind, including interest, attorneys’ fees, court costs, and other reasonable costs and charges resulting from the negligence of intentional misconduct of the client or third parties involved with or present at the event, including guests, venue staff, law enforcement, and other vendors. To cover any such claims, Purchaser may obtain a single event liability insurance policy.
12. Excuse of Obligations. Purchaser and Artist shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control. Deposits to Agent are non-refundable.
13. Performance Area. At its sole expense, Purchaser shall furnish a stage or performance area where equipment poses no risk to persons or property when fully setup. The Performance Area shall include at least one grounded 15 Amp dedicated circuit and a covered area for all DJ equipment setup outdoors.
14. Online Planning Account. Purchaser agrees to complete and submit the various forms in their online account (e.g. Planning Form, Event Timeline, Music Requests, etc) no later than 7 days prior to Performance. Performer
15. Independent Contractor. Agent acknowledges that it shall perform their obligations hereunder as an independent contractor and not as an employee of Purchaser. Agent further acknowledges that it is not on Purchaser’s payroll and social security or tax withholding rolls. Artist shall have ultimate control and direction in the conduct of the Performance.
16. Insurance. Artist warrants and represents that it has, or shall obtain, sufficient personal injury and property damage liability insurance with respect to the activities of Artist at the Venue.
17. Property and Personal Endangerment by Equipment. Agent, Artist, and Purchaser reserve the right to choose against setting up any equipment if doing so would endanger persons or property at the event. In the event that Purchaser, Artist, or Agent invoke this section, Purchaser agrees to pay the amount listed in Section 7.
18. Promotions by Purchaser. Purchaser shall be entitled to advertise and promote the appearance of the Agent, Artist, and the Performance. Agent and Artist acknowledge that Purchaser will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the event. Artist and Agent hereby acknowledge and agree that Purchaser may use their name, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the Performance. Promotional items available upon request.
19. Promotions by Agent or Artist. Purchaser gives permission to Agent and Artist to use all images and video obtained during Performance for promotional purposes on Agent’s various marketing channels (e.g. websites, social media, hardcopy materials, etc.).
20. Gratuities. Artist gratuities are made at the Purchaser’s sole discretion. Gratuities from 10% to 20% of the performance fee is customary for an excellent performance.