(Last updated April 2022)
This Contract for Services (the "Contract") is made effective as of the date this agreement is submitted by and between the signee of this contract and The Record DJ Co. ("DJ Co.") of 126 Brookdale Drive, Williamsville, New York 14221 (collectively the "Parties").
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the signee hires DJ Co., and DJ Co. agrees to provide Disc Jockey services ("DJ" services) to the signee under the terms and conditions hereby agreed upon by the parties:
1. DESCRIPTION OF SERVICES. The signee hereby agrees to engage DJ Co. to provide DJ services (collectively, the "Services") to be performed at the agreed upon event.
Services shall consist primarily of providing musical entertainment by means of a recorded music format.
2. PERFORMANCE OF SERVICES.
a. DJ Co. shall arrive at the event location one hour before the starting time to set-up and conduct sound check. DJ Co.'s playlist shall have an unlimited playlist of songs from both latest and old classics. DJ Co. shall incorporate guest's requests into the playlist unless otherwise directed by the signee. Music shall be played without any breaks unless requested by the signee. Time is of the essence. Requests for extended playing time beyond the agreed-upon hours of service shall be accommodated if feasible for an additional fee.
b. DJ Co. shall be familiar with indoor and outdoor set-up and sound mixing. DJ Co. shall provide multi-color lighting for a ball room effect if requested. DJ Co. shall have high quality microphone and sound system.
c. Upon booking DJ Co. will make all efforts to schedule your preferred DJ but is based on availability and cannot be guaranteed.
3. TERM. The Signee and DJ Co. agree that this Contract between the Parties is for Services that shall commence on the agreed upon date and will complete on the same day. The Contract may be extended and/or renewed by agreement of all Parties in writing thereafter.
4. PAYMENT. The Signee agrees to pay DJ Co., in consideration of the Services contracted for, the amount provided by the DJ Co as detailed in the invoice to the Signee. Payment shall be made by cash, credit card, Venmo, Zelle, Google Pay, or Apple Pay to The Record DJ Co. Payment for weddings are due 2 weeks prior to the date of the event. Payments due for fundraising events are due the night of the event. A 50% non-refundable deposit is required to secure the day and time for your event which will be applied to the invoice total.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at the maximum percentage allowed under applicable laws in NYS. The Signee shall pay all costs of collection, including without limitation, reasonable attorney fees.
5. CANCELLATION. You the customer and the DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. Cancellations 48 hours prior to the agreed upon event will obligate the customer to make a full payment of the total fees agreed upon. Under certain circumstances and at the discretion of the DJ and the company, if a need to reschedule arises, 50% of the retained deposit will be applied toward the event's new date if rescheduled within 2 years max.
6. WARRANTY. DJ Co. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in DJ Co.'s industry and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to DJ Co. on similar projects.
7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
8. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
12. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of New York.
14. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
16. SIGNATORIES. This Agreement shall be signed on behalf of the Signee by and on behalf of DJ Co. by Andrew Gruszka, Owner and effective as of the date submitted.