'Terms and Conditions' of hire are of course in addition to the contract booking details which usually outline the hirers contact address details, service offered / function type, date, times and location of the venue, breakdown of costs, discounts (if offered) etc.

 

There are times when a DJ has to supply an entertainer in the event of crises cover, or contracts an artiste for entertainment work. But what details should be included in the contract terms and conditions of hire?

 

Whilst contracts must be fair to both sides, the 'T&C's finer details will depend largely on what type of service is being offered. 

 

The selection of points I've included here are fundamental elements which should be considered adding to a hire contract or an artiste contract terms and conditions of hire.

 

Please note: Whilst every effort has been made to cover the essential details to include in a hire contract, not every foreseeable instance has been covered in this summary.

 

Please adapt the following to your service contract 'T&C's as required.

 

Hirers contract details to consider in the contract

 

This contract reflects the verbal agreement. It shall include any terms agreed prior to its issue. It shall be deemed un-accepted unless the booking form and retainer reservation fee is received by [your disco name] within 7 working days of the issuing date. No alterations may be made to this contract by hirer / contracted artiste’s / crisis cover entertainers without prior approval consent from [your disco name]. Please Note: by completing and sending this booking form, you agree that you are making a confirmed booking and entering into a contract which carries your acceptance, in full, of the booking terms.

 

Reservation fee: you agree to our reservation fee which is payable in advance to secure entertainment. The reservation fee is deducted from the price quoted.

 

The hirer will notify [your disco name] of that all appropriate licences as required by law are in force at the time of performance(s).

 

The hirer will appreciate that suitable time for venue access, safe installation and dismantling and safe removal of equipment from venue is required in addition to performance time. Therefore, the hirer and venue will allow suitable time for the installation and dismantling and removal of disco equipment (up to 60 minutes each side of the booking times unless stated). Where appropriate, the Customer will also inform the venue, in advance, of artiste(s) requirements. Please note: [your disco name] shall not be liable for any additional charges levied to the client by the venue in relation to equipment assembly / removal timescales.

 

 

Sound Limiters

 

The hirer will inform [your disco name] prior to performance date confirmation of venue sound limiter installation. Please note: [your disco name] reserve the right to decline entertainment at venues with sound limiter installed.

 

Overtime

 

Overtime Charge: Any extension to the agreed timescale will be charged in addition to the booking fee per hour (or part hour), thereafter, which shall be payable in advance before commencement of extended entertainment.

 

 

 

Balance payment settlement

 

Cheque payments are accepted by [your disco name]. Cheques should be made payable to “[your disco name]”.

 

 

Cancellation details

 

The Client shall have the right to cancel the booking by serving upon [your disco name] not less than 28 clear days notice in writing. In the event of the client wishing to cancel this contract agreement for any reason other than Act of God or National Disaster, any advance reservation payment will be forfeited.

 

A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within fourteen days of the performance.

 

A cancellation fee of not less than 75% of the agreed fee will be due if the cancellation is within seven days of the performance.

 

The whole of the agreed fee will be due if cancellation is within 24 hours of the performance.

 

Non attendance by the DJ - point to consider in the contract

 

Force Majeure - [your disco name] will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, fuel shortages, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control.

 

 

Terms and Conditions of hire -

 

The hirer agrees to provide adequate supervision of guests and will ensure that venue management adequately supervises customers and or staff on site premises. Please note: Where the function may include guests under the age of 16 years, the client, (or parent) is responsible for the behaviour and safety of any minors attending the venue. The client will provide and maintain adequate adult supervision at all times. [your disco name] will not be liable for the supervision of minors.

 

Abuse from hirer’s guests, customers and or venue management or staff will not be tolerated and will result in the performance being terminated with no loss to [your disco name].

 

The hirer agrees that compensation for any loss of or damage to artists(s) equipment, vehicle(s) or personal belongings caused by guests, customers and or staff may be sought including costs.

 

Start and end times

 

The hirer agrees that the confirmed entertainment start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of [your disco name] and the management of the venue.

 

Music Lists

 

[your disco name] will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of the clients' chosen requests, provided such requests are submitted in writing before the event. The client also agrees that [your disco name] cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified.

 

 

 

Standing Time Charge

 

Where the client requests that [your disco name] set up DJ equipment at an earlier time prior to the actual start of the function, the client acknowledges that a tiered charge may be made for this additional service, and that this service will be subject to availability. In addition to any previously agreed charges, if [your disco name] should arrive at the clients venue at any earlier, pre-arranged time, and are unable to access the venue to set up the equipment or are prevented from doing so by the venue management, then the client shall be charged standing time at the hourly rate discretion of [your disco name] which must be settled in full before commencement of main entertainment.

 

Electrical power supply

 

The hirer will ensure that safe and adequate power is available for [your disco name].

 

Where the event is being held in a marquee, the hirer will ensure that the work area is dry and that a minimum of 2x 13A power sockets are located within 15 Metres of this area.

 

Bad Weather or impending bad weather on the day will not allow [your disco name] to commence entertainment out-doors under any circumstances. [your disco name] accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions.

 

 

In signing the contract, I agree that I have read the Terms and Conditions of hire and acknowledge booking details contained herein are correct.

 

E. & O.E - means Errors and Omissions Excepted

 

 

Miscellaneous Points to consider adding to the hirer's contract

 

Discounted fee: Unless otherwise stated, when the balance payment clears 31 days before the event, the full fee price is discounted. Please allow time for cheque payment clearance. [your disco name] reserve the right to refuse discount where payment has not been made in full 31 days prior to function date.

 

[your disco name] will not be liable for any refund, in part or whole, where ‘we’ are late accessing the venue and setting up purely because of earlier events over-running, or where ‘we’ are prevented from accessing, setting up or providing our professional services by the venue management. Neither will [your disco name] be obligated to provide an extension to the agreed timescale on a pro-rata basis in these circumstances.

 

Where [your disco name] is engaged to work alongside a band, (or other entertainer) it is the client’s responsibility to ensure that adequate space exists within the venue for both entertainers to set up their equipment and that separate power outlets exist.

 

Where the venue does not have its own parking facilities, [your disco name] reserves the right to pass on any additional parking fees for refund by the hirer. Please note: that in accordance with Health and Safety laws, [your disco name] will refuse to work at venues where illegal or hazardous parking is required in order to unload vehicle. This also applies to general health and safety concerns within the venue such as navigating cluttered or unlit stairways and exits.

 

Performance time and ‘over time’ is restricted to a maximum of eight hours in a 24 hour period. Unless already agreed at the time of booking, the hirer agrees to make provision for suitable overnight accommodation to the satisfaction of the performer if time is to be exceeded.

 

The hirer will ensure that safe and adequate power is available for artiste’s performance.

 

The hirer agrees to arrange suitable changing facilities for [your disco name] as required.

 

Contract details to consider when engaging artistes to perform under your business name (hire contract)

 

In the unlikely event that [your disco name] is unable to attend personally due to accident or sudden illness, [your disco name] shall endeavour to provide a suitable substitute offering a similar service at no additional charge to the client.

 

The hirer agrees to arrange suitable changing facilities for artiste’s as required.

 

The artiste ensures that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and amendments thereafter. Copies of venue Electrical Installation Safety Certificate (Periodic Inspection Report to NIC EIC standards) should be made available upon request (LAW)

 

The hirer agrees that any re-engagement of contracted artiste(s) must be transacted through [your disco name].

 

Any enquiry to the artiste(s) in respect of any engagement by guests, customers and or staff must be transacted through [your disco name].

 

The hirer agrees that the confirmed entertainment start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of the contracted artiste(s) and the management of the venue.

 

Contracted artiste(s) agree not to supply, show or exchange own personal business card or personal telephone number or personal business service literature before, during or after performance.

 

The artiste(s) will respond to the venue management’s reasonable requests as to volume, sitting of equipment and or any other reasonable request(s).

 

The artiste(s) shall be in no way liable for breech of byelaws or conditions under which the venue is leased, hired or entrusted to the venue management.

 

Abuse from hirer’s guests, customers and or venue management or staff will not be tolerated and will result in the performance being terminated with no loss to the artiste(s).

 

Bad Weather or impending bad weather on the day will not allow contracted artiste(s) to commence entertainment out-doors under any circumstances.

 

 

Artiste Contract details to consider - artiste contract

 

In the event of contracted artiste’s wishing to cancel the contract, the artiste will indemnify [your disco name] against the cost of loss and or damage in full, unless due to accident or sudden illness. In this event, a medical certificate signed by a medical practitioner must be supplied to the hirer and [your disco name] within ten working days.

 

[your disco name] will not be liable for non-fulfilment of contract by contracted artistes. In the event of the client seeking compensation, [your disco name] will not be liable under any such claim and the contracted artiste will only be liable up to and not exceeding the contracted amount.

 

The artiste agrees to contact the client when specified by [your disco name].

 

The artiste agrees to provide proof of Public Liability Insurance as required. Failure to provide appropriate documentation as mentioned above may result in legal action by [your disco name] for non-performance due to the artiste not submitting correct documentation.

 

The artiste agrees that any re-engagement for contracted work must be transacted through [your disco name]:

Any enquiry to the artiste(s) in respect of any engagement by guests, customers and or staff must be transacted through [your disco name].

 

The contracted artiste(s) is responsible for any taxes due arising from performance and will indemnify [your disco name] from such taxes should a claim arise.

 

The artiste(s) and their assistant(s) will respond to the hirer’s reasonable request(s) and conduct themselves in a professional manner throughout attendance at the venue.

Written by Dan Dukesy, UK Based working Mobile DJ and VJ 

Member of the DJ Associates Disc Jockey Association (also known as 'DJ@') http://www.djassociates.org

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