1. VERIFICATION By signing this agreement, the Client verifies that he/she has read, understands, and agrees with all terms and conditions herein. The Client further verifies that all information about the Client, Event, and Event Location is correct and complete.
2. DEFINITIONS In this agreement, the following definitions apply: A) CLIENT means that the individual who has signed the agreement. This person is hereby verifying that he/she is also the duty authorized agent of the organization indicated in the Client Information area on the booking contract. B) PERFORMER means any person or group who is an employee, agent, or subcontractor of the Company in attendance at the event to provide or assist in providing the contracted service. C) EQUIPMENT means all items used in providing service and/or performances including but not limited to sound equipment, music, lighting, props, support, and vehicle. D) THE COMPANY Ewing’s Mobile DJ Service will herein be known as The Company.
3. PAYMENT A) The Company may agree to accept payment of the balance at the event. In this case, this amount will be paid in full to the Performer prior to the start of the performance unless otherwise told different by the Performer. B) In order to book The Company, there is a non-refundable deposit of $50.00. Once the deposit is paid, it will be deducted from The Client’s total price of the event. In this case, the remaining balance will be paid in full prior to the start of the performance unless otherwise told different by the Performer. C) If the Client fails to pay the balance owing to the Company when it’s supposed to be due, the Client will pay an additional service of $100.00, added to the contract costs unless otherwise told different by the Performer. D) If, for any reason, a check should be returned or not honored, The Client shall pay the Company an additional $200.00 service charge to cover administrative expenses and bank charges. This also includes transactions from Paypal, which is called a chargeback on the Paypal site. E) Ewing’s Mobile DJ Service accepts credit, debit cards and paypal. Please note that there will be a 4% transaction fee per transaction when paying online/website and/or also a 5% transaction fee when paying on site (being in person at event). These transactions fees are covering the merchant costs to provide credit/debit card services. Client shall/will fill out credit authorization form agreement at event and/or on website stating information needed to complete transaction and agreeing to the terms stated on the form. All information is confidential between Client and Ewing’s Mobile DJ Service. Once transaction goes through, all transactions are final/non-refundable unless otherwise agreed between Client and Ewing’s Mobile DJ Service on different circumstances (written agreement will be made). See Form CC Authorization Form CC-EWING for more information on terms and conditions when running credit/debit cards.
4. OVERTIME Any performance, after the stated ending time, shall be considered overtime and must be authorized by the Client themselves or the person representing on the Client’s behalf. The Fee for any overtime performance shall be paid directly to the Performer prior to such overtime performance. The overtime rate is $75.00 to $100.00 per hour, depending on Disc Jockeys discretion.
5. TIPS Any gratuity or fee paid to the Performer is the sole property of the Performer and the Company makes no claim upon it whatsoever. If the Client feels that the event has gone over really well, or Client is really satisfied, tips are acceptable and appropriate to give to the Performer.
6. PERFORMANCE The Client shall, at all times have complete control as to discretion at the manner, means, and style of performance. Notwithstanding the forgoing, the Performer will not be required to follow Client’s instructions if they should contravene any applicable laws or any rules of the Event location.
7. MUSIC The Company and Performer shall provide music appropriate to the event and the styles requested by the Client. The Performer has the sole right as to the selection and playing of specific songs, for the good of all the guests and the flow of the show. The Performer will attempt to play the requests of the Client and guests, but shall not be held liable if certain selections are unavailable or un-played. Any special music requests must be received by the Company at least two (2) weeks before the event date. Wedding Reception specialty music lists should be received no later than 10 days before the event. If failed to do so, the Performer/Company will pick the music for the specialty dances and/or a $25.00 fine for not letting the Performer/Company be prepared for the Client’s Event. Wedding Ceremonies/Wedding Receptions- If we are providing the sound for the Wedding, your time will start when the ceremony (BC) starts. If we are providing the music only for the reception, your time will start depending on when we announce the Wedding Party or at Disc Jockey’s discretion any time after supposed start time stated on the contract if not shown at the venue or running behind schedule before start time. (Taking pictures, etc.) Tip-Figure what time ceremony ends or long it is going to be, the time it takes for travel, time for pictures, and base Reception start time on that giving you plenty of time with no time restraint. (Ask Brandon or Wayne about this if you have any questions) Before start time, you will not be charged for background music.
8. FACILITIES The Client shall be responsible to provide or arrange to have provided ample facilities for the Performer including space at least 3mx4m in size beside the dance floor within 10m of an AC power source of one(two would work better)110 volt, 15 amp circuit exclusively for the use of the Company and one standard banquet table (6 or 8 foot x 30 inches) or equivalent. If this is not ready upon arrival of the Performer at the location, any resulting delay in the start of the performance will not cause an extension to the ending time or reduction in our fee.
9. OUTDOORS The Client agrees to provide adequate shelter for the Performer and equipment at any outdoor event. The Performer reserves the right to postpone and/or cancel performance at any outdoor event due to inadequate shelter and/or inclement weather conditions that may cause a hazard to the Performer or equipment. In the event of such postponement or cancellation, the full fee shall still be payable to the Company. The Company’s Booking contract will always override any other contract the Company or Performer has to sign for doing an outdoor event.
10. SAFETY In the event of malicious behavior or any other circumstances deemed by the Performer to present a threat or implied threat of injury or damage to the Performer or equipment, the Performer reserves the right to cease operations. Performer will allow Client ample time, not to exceed 15 minutes, to resolve the threatening situation for performance to resume in accordance with this agreement. In all cases, the Client will be responsible for payment in full as well as for any resulting damage to Performer and/or equipment.
11. PERFORMER In all cases, the Company reserves the right to select and assign a Performer for the event. If the Client has requested a specific person or group to perform at the event, we will do our best to schedule that performer. If that performer becomes unavailable, the Company will provide a suitable substitute and notify the Client as soon as possible. Our inability to provide a specific performer shall not entitle the Client to a refund or reduction fee.
12. CANCELLATION(S) All cancellations must be received in writing. NO phone calls or EMAIL-30 days prior to the scheduled date. Any cancellation made fewer than 30 days prior to the event will be subject to a penalty of no less than half of the contracted amount. Any cancellation made fewer than 72 hours prior to the scheduled start time of event is subject to a penalty equal to the total of the contracted amount. -Gratuity for Disc Jockey is not included in the price. -Payment must be paid in full the day of the event. -Any event cancelled within 30 days is subject to pay 50% of the total price. -$50.00 deposit is non-refundable, but will be deducted from the total price of the event.
13. LIABILITY If for any reason, the Company or Performer is unable to perform any conditions of this contract, the Company’s liability shall be exclusively limited to no more than a refund of all monies paid, in all cases not to exceed the full amount of this contract.
14. LOSS OR DAMAGED EQUIPMENT The Client agrees to be fully responsible for any loss or damage *including weather damage* to equipment used to provide the services agreed upon while said equipment is situated on property owned or under the control of the Client, even by contract, except damage caused by an employee or agent of the Performer.
15. JURISDICTION This agreement/contract shall be interpreted and enforced in accordance with the laws of the State Of Missouri. If any legal remedies are undertaken, they shall be brought before the appropriate court in Lafayette County, MO. The Client shall be liable for all costs incurred by the Company including but limited to legal costs, court costs, and cost of collections.
16. PHOTOS, MEDIA Ewing’s Mobile DJ Service herein reserves the right to utilize photographs, video recordings, audio or other media documentation of the Event for purposes of its own marketing and the Client herein expressly authorizes any such activities by Ewing’s Mobile DJ Service
17. MEALS Client shall provide to all Ewing’s Mobile DJ Service representatives in attendance at the Event meals, if meals are being served at the Event, unless otherwise agreed upon by the parties, in advance.
18. GENERAL If any provision of this agreement should be determined to be unenforceable by law, the remainder of the agreement, however, continues in full force and effect.
Terms and Conditions can be changed at any time without notice due to change in circumstances.
Please consult a representative of Ewing's Mobile DJ Service if any changes do occur.
Prices and/or Packages are subject to change without notice.
Prices do not include transaction fees (when paying by credit card), travel fees (gas expenses), options (add on) where applicable.
We accept all major credit cards, checks, money orders, cash.
Forms of Digital Payment: Visa, MasterCard, AmEx, Discover, Bank Transfer, Paypal
Cash is only accepted at the event only or in person otherwise between client and DJ.
Credit cards are subject to a 5% transaction fee when paying by credit card.
Contact Ewing's Mobile DJ Service if any questions.
* Pricing and packages are subject to change without notice.
**Prices and packages will not change if already booked with Ewing's Mobile DJ Service.
*** Prices do not include transaction fees (when paying by credit card), Options (add on) and travel charges where applicable.
****Customer or Ewing's Mobile DJ Service is under no obligation to book any event.
Event is not booked until contract is confirmed, signed by client(s) involved and accepted by Ewing's Mobile DJ Service.
Ewing's Mobile DJ Service 1002 South 23rd Street Lexington, Missouri 64067 (816) 456-3995