Terms and Privacy
Terms and Privacy
2. Definitions - For the purpose of this agreement, the following definition of terms applies:
CLIENT: The individual, group, or company indicated in the Client Information Section; the signor of the contract.
BAND: Group of performers collectively referred to as Jukebox Productions.
PERFORMER: Any person or group who is an employee, agent, or sub-contractor of the Band in attendance of the event to provide or assist in providing the contracted service
PERFORMANCE DURATION: 1-hour time span constitutes 40-45 minutes of performance time (On Stage), 15-20 minutes DJ.
EQUIPMENT: All items used in providing contracted service including but not limited to sound equipment, instruments, music, lighting, props, staging, and vehicles.
3. Payment - In full consideration for all services rendered by the Performer, the Purchaser agrees to pay the Performer the agreed upon fee as described in the quote.
4. Performer Expenses - The Performer agrees that the Fee is inclusive of all expenses to and from the Venue and covers any payments whatsoever due to other members of the group or unit, except as expressly provided in this Agreement.
5. Taxes - The Performer is responsible for its own tax and other contributions.
6. Deposit - The Purchaser agrees to pay the Performer the agreed upon deposit. This deposit is not refundable, except as provided in this Agreement.
7. Overtime - Purchaser agrees to pay Performer a fee of $500.00 Dollars for each (45) minute overtime set (any set beginning after the agreed upon end time). Overtime must be paid in advance of the set and be agreed upon by both performer and Purchaser.
8. Payment of Balance - The Purchaser will pay to the Performer (14) days prior to the performance date, the outstanding balance of the Fee. Out of state clients will be required to pay the balance of the fee, (21) days prior to the performance date. If payment is not made on the date of event a 2% late charge of the balance will be assessed every (15) days it is not
paid after the performance date.
9. Purchasers Responsibilities
PARKING: The purchaser will provide pre-paid parking at the performance venue for all vehicles associated with the performance.
MEALS: The purchaser will provide a hot meal or buffet for performer including soft drinks, bottled water and coffee.
GREEN ROOM: The Purchaser will provide a room for the purpose of transitioning, makeup, and costumes from load in to performance to tear down. The room should be as close as possible to the performance area.
SECURITY: Unless Given Express permission or invited by the performer, no persons (other than the Performer) will be allowed on stage. If Performer is subjected to perpetrator, the performer shall be allowed to terminate the performance. If performer is subjected to aggressive or abusive behavior and the purchaser does not remove the offending party, the performer shall be allowed to terminate the performance without penalty. The purchaser will
remain liable for the total fees.
STAGING: It is highly recommended that the purchaser provide staging for the event performance. This is not a requirement. However, staging is an essential element in the best presentation of your entertainment. Staging provides a platform to raise the performers for your guest viewing and is a focal point for the MC, Toasts and other formalities throughout the evening. Jukebox can assist with staging options, preferred vendors, etc. while assisting
in the preparation of your event.
10. Cancellation By Purchaser - The Purchaser reserves the right to cancel this Agreement without obligation upon notice to the Performer with (60) days notice. In the event of said cancellation, the Deposit will be forfeited. Cancellation by the Purchaser with less than (60) days notice will require payment of the balance owing to the Performer.
11. Cancellation By Performer - The Performer reserves the right to cancel this Agreement without obligation upon notice to the Purchaser with (60) days notice. In the event the Performer cancels the Performance under the terms of this section, the Performer will promptly return the deposit to the Purchaser.
12. Non-performance by the Purchaser - Those obligations of the Purchaser that are to be completed prior to the Performance of the Performer are conditions precedent which must be carried out in full by the Purchaser before the Performer is required to perform unless postpones any performance without proper notice or fails to make any payment or
otherwise agreed to by all parties in writing. If the Purchaser cancels or then the Purchaser will be in breach of thisAgreement and the Performer will fails to carry out any other condition precedent as required by this Agreement have no
further obligations under this Agreement. The Purchaser will forfeit any Deposit already paid to the Performer.
13. Sound and Lighting Systems - The Performer will provide all sound and stage lighting systems required to facilitate the Performance as agreed upon by both parties. The Performer warrants that all equipment is in good working order, andfit for its purpose. The Performer will designate a representative (Sound tech) who will have sole and during each rehearsal. Notwithstanding the above, the adjustment of the authority in mixing and controlling all sound equipment during thePerformance volume and sound level of any equipment will be at the sole discretion of the Purchaser. The Performer's power requirements is only (2) 20-amp circuits.
14. Security Deposit - The Performer will not be required to post a bond or security deposit against any possible damage related to or arising from the Performance. This includes liability insurance that may be required by the venue. Purchaser is encouraged to contact the venue to assess the potential need for this additional insurance.
15. Force Majeure - Neither the Performer nor the Purchaser will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other
legitimate cause beyond the reasonable control of the Performer and the Purchaser. However, failure to perform will result in the Performer returning any and all outstanding deposits to the Purchaser.
16. Sickness and Accidents - The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident, such incapacity to be confirmed in writing by a medical doctor. However, failure to perform will result in the Performer returning any and all outstanding deposits to the Purchaser.
17. Recording of the Performance - Recording or transmitting of the Performance by anyone through any means whatsoever will be allowed under this agreement.
18. Artistic Control -The band will have control of the artistic content of the performance and the people comprising the band. The Artist may substitute a competent replacement for any member of the band or personnel who is unable to perform the engagement.
19. Indemnification - The Performer is responsible only for its own conduct. The Performer will be compensated by the Purchaser for any and all damage done to the Performer's equipment by the Purchaser, its agents or guests. The Purchaser indemnifies and holds the Performer harmless for any and all property damage or personal injury that results
from or is related to the Performance that is not directly caused by the Performer.
20. Permits - The Purchaser warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
21. Dress Code - The Performer will be suitably and tidily dressed during the Performance.
22. Hazardous Material - The Performer and any other person associated with the Performer agree not to bring into the Venue any material, equipment, or other object which is likely to constitute a hazard of bodily harm to any person or which is likely to constitute a hazard to property.
23. Pyrotechnics - No pyrotechnic devices will be allowed during the Performance. Violation of this provision will result in immediate cancellation of the Performance and this Agreement.
24. Security - The Purchaser will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Purchaser is also responsible to ensure that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
25. Governing Law - The Purchaser and the Performer submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
26. Mediation and Arbitration - If a dispute will arise under the terms of this Agreement, the party claiming the dispute will have 30days to notify the other party. The party not claiming the dispute will have (30) days to remedy the dispute. In the event that the dispute is not remedied within this time period, then any party at its option will have ten (10) days to
submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding rules will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.
27. Covenant of Good Faith and Fair Dealing - The Purchaser and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
28. Miscellaneous Terms - Time is of the essence in this Agreement.
29. This Agreement – this agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
30. Local Laws - No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules, or any other requirements including building and fire regulations. The Performance will not contain any lewd or indecent acts, images, or language. If the Performer violates this section, the Purchaser may immediately cancel the Performance and this Agreement.
31. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
32. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
33. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
34. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Purchaser by the Performer or to the Performer by the Purchasers, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
35. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Purchaser's successors and assigns.
36. The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Purchaser for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
37. The Purchaser will be responsible for providing suitable power and electricity for the Performance.
38. It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Purchaser will control the scheduling exclusive nature of this Agreement is limited to the duration of the Performance. The Performer is not an employee of the Purchaser. The Performance and it is
expected that the Performer will enter other similar agreements with other Purchasers.
39. Any notices or delivery required here will be deemed complete when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the
parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.
40. LAW OBSERVANCE: Hiring party shall comply with all laws of the United States, and of the State of California and all other applicable laws, and will obtain and pay for all necessary permits and licenses, We will respect your privacy will not use or sell your information to anybody without your consent. Jukebox Productions does reserve the right to use photos, videos, and other details of the event for marketing purposes only.