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HEAVYDJS.com BOOKING AGREEMENT 2010
IT IS HEREBY UNDERSTOOD:
Client is an organization, which specializes in the
management of the physical location and running of the Bar
& Nightclub the dj gig is to take place .Independent
Contractor company performs under the name "( Viaraart /
Solarhive Studio)". Viaraart / Solarhive Studio includes
the following performing artist to be booked as the working
DJs for the Club. The DJs are: DJ’Viara,
DJ’Perkele, DJ’Leviculus, DJ’Tina,
DJ’Pasi. DJ:Shrike, DJ:Lordfatty, DJ:John Wayne,
DJ:Latebird, DJ:Oba,
This
contract for performance by the DJs , is between the
Club/Venue/Booker/Location Owner (Client) by and through
his agent and authorized representative who has requested
our services (Client), and Viaraart / Solarhive Studio (DJ
Contractor). For the mutual promises, obligations and
considerations set forth herein, the parties agree to be
bound as follows:
EVENT
NAME:
DJ Services for the Club/Bar/Venue/Festival/Private
Location in question
BOOKING
DATES:
STARTING:
01.01.2009’
END:
section 4
SINGLE
PERFORMANCE TIME:
depending on the times requested (usual performances are
4-8h)
1.
Equipment/Materials to be Provided by
Client
Client shall provide all equipment necessary for
performance. Client warrants that all equipment shall be in
proper working conditions through the whole duration of the
DJ performance. Contractor and DJ shall not be responsible
for any interruption, delay or non-performance of all or
part of the performance under this contract due to failure
of any equipment provided by Client or any other technical
complications. Further, Client shall provide the following
equipment and/or materials:
1.
Two (2) disc jockey decks (Pioneer, Sony or
similar)
2.
One (1) professional stereo mixer with a minimum of 3
inputs (Pioneer preferred)
3. Any
number of adjustable monitors preferably 2
4. Any other audio equipment in regards to the above
2.
Venue/Licensing/Permits
Client
agrees to provide a safe and secure venue for performance
with all necessary permits and licenses for the event
stated above. In case the club/venue decides and performs
the play concerning DVD (including the public broadcast of
the soundtrack of the DVD), the club/venue is solely
responsible for all fees to be paid regarding the broadcast
of copyrighted audio and/or visual material and/or any
penalties occurring thereof . If the club asks the DJ to
play from CD media which is not an original retail copy ,
the club is solely responsible for all copyright laws in
conjunction and violation with this action and the dj has
the right to refuse to do so. All of our djs play from
original purchased cd medium.
If the
venue requests a DJ to play from a digital format such as
an ipod/mp3s/burned not original cds and similar, in which
case the DJ has no valid Digital DJ License / Pro-Dub
Licence etc , the club is solely responsible for all fees
and penalty arising thereof and the dj reserves the right
to decline this request.
4.Period
of contract duration
This
contract will be obtain so far. This contract is valid for
the single performance and date the client has booked our
DJ. Anyone booking DJs featured on this website is subject
to this contract by default.If you have some issues or
disagreements with part of or anything this agreement
refers to, you must address your concern at least 1 week
before the performance date. Any complains and negotiations
after the performance is occurred will not be acceptable.
5.
Loss for Non-Performance.
Contractor
or DJ assumes no liability for non-performance for reasons
outside of his direct and immediate control, including, but
not limited to fire, acts of federal, state and/or local
authorities and airlines, railways, taxis or other common
carriers, sudden illness, robbery, accidents or any other
unpredicted events.
In the event that performance by the DJ is made impossible
due to such an occurrence/s, no fees are billed to the
club/venue and vise versa and no payments are to be
refunded.
6.
Insurances and responsibility
The DJ
is solely responsible for his/hers own insurance for stolen
property while playing at the specific location. In case of
a robbery and theft which is to occur at the club/venue
while the DJ is NOT performing, in such case the club is
solely responsible for the recovery / replacement /
compensation for all the stolen property. Stolen property
such as CD’s or other belongings which occurs at the
time of the performance are covered and the responsibility
of the DJ playing that particular night.
The club/venue will provide a save and secure storage areas
for the DJ property in case of overnight booking, which is
located at the performance venue. If any dj property has
been lost from the secure storage area/room/locker at the
venue, the club shall be responsible for recovering and/or
compensation for the lost property.
In the
unfortunate occurrence of an unexpected accident or theft,
the club/venue is to recover or compensate for all missing
items from the secure storage no matter how the storage was
accessed by breakage or lock manipulation.
In case of a personal injury due to any equipment not owned
by the DJ, such as but not limited to : mixing board, cd
jockey decks, electrical outlets, cabins ,cables, any
equipment or machinery the DJ is asked/or has to handle and
the cause of an accidental injury due to the fault or not
proper functioning of this equipment, such property or
personal injury claims shall be consequently covered by the
club not the contractor/booking agent for the Dj or the DJ
himeself.
7.
Price / Rates / Due dates
In
exchange for the services specified in this contract,
Client agrees to pay to Contractor the total sum of the
specified agreed amount in euro based upon the individual
duration of the DJ performance for each booked date. Client
agrees to pay 100% of the invoice and no later than 2 weeks
after the billing date
Any
other extra hours will be charged at a rate between 50-100
euro per hour if no other agreement/contract has been set
forward beforehand (in writing only).
8.
Default or Non-Payment by Client.
Client
shall be deemed to be in default of any balance which
remains unpaid after 4 weeks after the due date for each
bill and shall be subject to suit or other means of
collection of this unpaid balance in the balance remains
unpaid for over 3 months period after the due date. Unpaid
balances shall accrue at an interest rate of (according to
the local Finnish law 12% per month). Client shall be
responsible for all costs, filing fees and reasonable
attorney’s fees required in the collection of the
unpaid balance. Should Contractor agree to other or later
terms of payment than specified in this contract, such
agreement shall not waive any rights of the Contractor to
collect and enforce any or all amounts due hereunder at any
time under the strict terms of this contract.
9.
Jurisdiction and Venue.
The
parties agree that any dispute, controversy or claim
arising under or in connection with this agreement or its
performance by either party shall be decided exclusively by
court of Helsinki/Finland.
10.
Construction
The
parties hereto have negotiated this agreement at arms'
length and no provision shall be construed against any one
party because of the nature of its performance hereunder,
its draftsmanship of a particular provision or any
presumption as to inequality of bargaining power or
otherwise. The parties have attempted to write this
agreement without any ambiguity in terms and desire that
any subsequent interpretation or construction be resolved
in a manner to eliminate any apparent
ambiguity.
This
writing contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes
all prior oral representations, understandings, promises or
agreements that are not included herein. Anyone booking
services from HeavyDJs.com is subject to the above
statement starting 01.01.2008 onwards.
Special rates apply to the following: Public Holidays in
Finland,
Tuska Festival days
, FME days,
Private Birthday parties, Private Company Parties,
Special Private events, Closing Parties, Funeral Parties
and Opening Parties.