WRECKNEXTAR DJ Hire Terms & Conditions
Updated 2nd June 2020
>We have made every effort to keep our terms and conditions as simple, straightforward, and fair as possible.
>Please read through carefully and contact us if you require any further explanation or clarification.
>All bookings, WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING are subject to a legally binding contract carrying the following non-negotiable Terms & Conditions of Booking:
The Booking Contract (“Contract”) is negotiated by WRECKNEXTAR DJ Hire the (“Agent”) between you, the (“Client “), and the (“DJ “). The Client understands the DJs are sub-contracted by WRECKNEXTAR DJ Hire. In this respect, WRECKNEXTAR DJ Hire acts as a contractor agency in issuing this Contract to self-employed “DJs” and cannot be held responsible for the non-fulfillment of bookings. A booking (“Booking”) is any verbal, electronic, or written request securing a DJ for a specific date.
1.Confirming the Booking
Confirmation will mean any verbal, electronic, or written acceptance of this booking by the Client.
All Bookings take effect immediately upon Confirmation.
Non-signature/non-return of Contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘Confirmation’ of the Booking, WRECKNEXTAR DJ Hire will issue a Contract to the Client for confirmation of details by electronic email. WRECKNEXTAR DJ Hire will act as the Agent negotiator between both parties for the period up to and including the date of the event and for twenty-four months after the event.
2.Changes to Contract
All changes to the Contract must be arranged and agreed by WRECKNEXTAR DJ Hire in advance of the event.
Changes must be made in writing; confirmation must be received in writing from our office in order for change to take effect.
3.Right to Refusal of Services
WRECKNEXTAR DJ Hire reserve the right to refuse service to anyone for any reason at any time.
4.Policy on abuse
Should the DJ, at any time, experience abuse in any manner from the Client, contract terms will immediately be terminated without hesitation.
The DJ and Agent reserve the right to cancel all contract terms and conditions under ‘any and all’ abuse.
5.Payment of fees
A 30% holding fee is required to secure your date.
The balance of the agreed total fee is due 14 days before the event unless special circumstances are agreed between WRECKNEXTAR DJ Hire and the Client.
If any fee which the Client is due to pay prior to the event has not been received at least 10 working days before the event, the DJ has the right to cancel the booking without penalty and the Client will forfeit any other fees paid previously and remain liable for any cancellation fees due.
The Client and Agent agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing.
Cancellation within 48 hours of booking is subject to our ‘change of mind’ MONEY BACK GUARANTEE, and a full refund of all monies paid will be given.
Cancellation more than 14 days prior to the engagement will result in a cancellation charge equal to the 30% holding fee.
Cancellation 7-14 days prior to the engagement will result in a cancellation charge of 75% of the total fee.
Cancellation less than 7 days prior to the engagement will result in a cancellation charge of 100% of the total fee.
If the DJ is able to re-fill a canceled date then no cancellation fees will be due unless the new date is of a lower value than the canceled date in which case the DJ will be entitled to recover from the Client the difference in value, excluding travel costs & expenses.
In the event of a cancellation, the DJ agrees to make all reasonable attempts to refill the date.
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made to the Agent to find a replacement DJ at the agreed-upon fee. Should the Agent be unable to procure a replacement the Client shall receive a full refund.
The Client agrees that in all circumstances, the Agent’s liability shall be exclusively limited to an amount equal to the performance fee and that the Agent shall not be liable for indirect or consequential damages arising from any breach of contract.
If a replacement DJ is required last minute and the Client is not happy to accept the replacement DJ, they must not allow the replacement DJ to perform. If the replacement DJ is allowed to perform, their full fee will be due.
7.Late payment of a fee
Failure by the Client to pay the booking fee within the terms specified will result in Client being in default of Contract. The booking may be canceled and the Client will be bound by the cancellation clauses (17-19) of these Terms and Conditions.
There is a 1.5% interest charge per month applied to all late payments.
Any payment outstanding from the Client outside of these terms will be referred to our recovery company and will be subject to a surcharge of 15% plus VAT to cover collection costs incurred. This 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 can accommodate the DJ and cancellation of the Booking or non-performance of the DJ due to venue restrictions will place the Client liable for cancellation fees as detailed above.
If through their own fault, the DJ is unable to fulfill part of the event schedule or breaks the terms of this Contract and the Client would like to claim a reduction on the DJ’s fee, a complaint must be made in writing to WRECKNEXTAR DJ Hire no more than 30 days after the event. Full payment must still be made to the DJ as agreed in the Contract. Withholding payment is illegal. Failure to pay the DJ within the terms of this Contract will incur charges outlined in (17-19) and may render the Client subject to prosecution. Whilst WRECKNEXTAR DJ Hire cannot be held responsible for the actions or failures of either the Client or DJ, we will make every effort to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, WRECKNEXTAR DJ Hire will contact the DJ to discuss the complaint and request a written statement detailing their version of events. WRECKNEXTAR DJ Hire will act as a mediator between Client and DJ in order to come to an amicable agreement over any refund or expense which may be due. If WRECKNEXTAR DJ Hire cannot settle the dispute to the mutual satisfaction of both Client and DJ, both parties must settle the matter directly via their own legal representatives. Any dispute between the Client and the DJ based on changes to the Contract/performance that were agreed by both the Client and the DJ, but not confirmed by WRECKNEXTAR DJ Hire in writing, must be settled between the Client and the DJ directly. WRECKNEXTAR DJ Hire will not be able to mediate over these agreements or changes.
9.Changes on the day
Where possible, changes to the Contract schedule, which are unavoidable on the day of the event, should first be discussed & agreed with the Agent. Should this not be possible, changes are to be agreed between the Client and the DJ prior to the performance. Any changes will be subject to these Terms and Conditions.
10.Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of the DJ, the DJ is not able to perform their full performance time within the schedule outlined in the Contract, there will be no reduction in the DJ’s fee.
If the event runs late and the DJ is asked and agrees to finish later than the finish time in the booking Contract, and the DJ does not agree with an additional surcharge, then the following standard ‘late finish’ fees will be charged: 10% of the total balance due per ½ hour overrun, payable on the day of the event by the Client to the DJ in cash.
The DJ has the right to refuse to finish later than the contracted finish time without penalty.
11.Extended performance fees
If the event schedule is changed on the day and the DJ is required and agrees to perform for longer than the ‘Performance times’ agreed in the Contract, and no additional surcharge is agreed by the DJ on the day of the event, the following standard ‘Extended performance fees’ will be charged: 25% of the total balance for every ½ hour that the originally agreed performance times are extended, payable by the Client to the Agent following the event.
The DJ has the right to refuse to extend their performance times without penalty.
12.Re-engagement of the DJ
The Client agrees to negotiate all future Bookings of the DJ with WRECKNEXTAR DJ Hire and not with the DJ directly, for the period covering the issue date of this Contract until 24 months after the event date on this Contract.
13.DJ service guarantee
The DJ agrees to provide a performance that is to the best of their ability and reflects fully the likeness of the DJ’s show as known to WRECKNEXTAR DJ Hire and as advertised to the Client via promotional materials, profiles, pictures, videos, web page or verbal description, etc. The DJ will make every effort to ensure their performance is outstanding, adhere to the Client’s wishes within all reasonableness, be polite and courteous with the Client, their guests, and all venue staff and Contractors.
The DJ agrees to provide all 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 & safety of their own equipment and to obtain all necessary insurances & certification.
The DJ will conduct themselves in a proper manner throughout their attendance at the venue and will respond to the Client requests as to volume levels, siting of equipment, and/or any other reasonable request.
The Client shall at all times have complete control, direction and supervision of the performance of the DJ at this engagement and the Client expressly reserve the right to control the manner, means and details of the performance of the services of the Provider.
No performance shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever.
Any and all promotional materials for corporate events must include the Agent’s information (images can be provided). Including but not limited to
Business Name “WRECKNEXTAR– DJ Hire SRILANKA”
Where applicable/appropriate, the Client will permit the DJ to display its advertising material at the venue, prior to and/or during the performance.
In the event of a non-solid floor spoiling the performance, the DJ will not be held responsible for any disruption to the music content.
The DJ shall not be expected to be “on stage” for more than 5 hours without refreshments (meal and beverage) supplied by the Client at no charge to the DJ.
It is agreed by the Client and the DJ that the equipment and instruments of the DJ are not available for use by other performers or persons except by specific permission of the DJ.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to the DJ or any equipment in the DJ’s possession, the DJ reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), the DJ shall resume performance in accordance with the original terms of this agreement. The Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether the DJ resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, the DJ reserves the right to deny any guest access to the sound system, music recordings, or other equipment. The Client shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement if the damage is caused by the Client or guests, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
It is understood that if this is a “Rain or Shine” event, the Client compensation is in no way affected by inclement weather. For outdoor performances, the Client shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or the audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ’s compensation will not be affected by such cancellation.
15.Responsibility for children and adult supervision
It is WRECKNEXTAR DJ Hire policy that DJs and all staff working for WRECKNEXTAR DJ Hire are not permitted to be left alone with any child (or children) at any time. It is therefore the client’s responsibility to ensure, at all times, that the child (or children) is supervised by a responsible adult, other than WRECKNEXTAR DJ Hire staff.
The Client gives the Agent permission to share client data with the DJs (i.e. essential information required to fulfill the Contract).
The Client understands that by filling out the Request Form, Booking Form, or Feedback Form published on the website they give full permission to the Agent to contact the Client via the Client’s e-mail address at a later date. Although WRECKNEXTAR DJ Hire shares client data with the DJ in order that the DJ will use it solely for the fulfillment of the Contract, WRECKNEXTAR DJ Hire is not responsible for how the DJ uses such data.
The Client understands that video and/or photographs were taken at the event may be used for promotional purposes.
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, the order of Government or Local Authority having jurisdiction in the matter, changes in the law, foreign government policy, the act of God), which are not attributable to any act or failure to take preventive action by the DJ or Client, then the DJ or Client may cancel this booking without penalty other than loss of payment already made.
This contract comprises 17 terms and shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.