Terms and Conditions
A Retainer fee is payable upon booking and as such is non-refundable, Final balance is due one calendar month before your event.
Cancellations out with 3 months of your event – No further payment required
Cancellations between 2-3 months of your event – 50% of total balance due
Cancellations between 1-2 months of your event – 75% of total balance due
Cancellations 1 calendar month or less of your event 100% of your fee is due
the “Small Print”
Nightlife Entertainment will be known as the “talent” from herein
Nightlife Entertainment will provide services specifically for the EVENT as described above and none other. Services rendered onto the client for this event shall commence upon acceptance of this Agreement by Client and Talent. If the Event Type is other than specified, Talent reserves the right to terminate performance.This agreement shall become binding upon the two parties at which time this Agreement is accepted by the Client or a representative thereof and is received with the NON-Refundable Retainer Fee. Talent may elect not to exercise their rights as specified in this agreement. By doing so, Talent does not waive their right to exercise those rights at a future date. In the event of any breach of this agreement by the Client, the Talent shall be entitled to all fees and costs incurred in enforcing the terms of this agreement, including those incurred on appeal, and in enforcing any judgment until all obligations have been paid in full.
Talent’s performance of these terms and conditions are subject to Talent’s death, serious illness, accidents, unexpected mechanical delays or failures or Acts of God, or any other legitimate condition beyond Talent’s control. If such circumstances arise, all reasonable efforts will be made by Talent to find a comparable replacement at the agreed upon fees. Should Talent be unable to procure a replacement, Client shall receive a full refund of all fees paid to Talent. In the event of equipment failure after the start of the performance that prevents completion of the engagement, the total Performance Fee will be Pro-Rated to the amount of service provided. All stoppages or delays of service due to the fault of the Talent will result in amended performance time equaling the original contracted time. If amended performance time is not possible the total Performance Fee will be Pro-Rated to the amount of service provided. The Client agrees that in all circumstances, Talents liability shall be exclusively limited to refunding the fees paid and that Talent shall not be liable for indirect or consequential damages arising from any breach of contract.
CLIENT FOR CONDUCT OF GUESTS AND/OR AGENTS
The Client is responsible for the conduct of its guests, including but not necessarily limited to damage to the equipment and music used by the Talent as well as individual and/or group behaviour that may be considered to be undesirable. Talent reserves the right to cease performance in the event that any condition, including action of the Client, it’s guests and/or agents, create a threat to the Talent’s personal safety and/or that of his equipment and music. In such an event, the Client will be given the opportunity to resolve the condition to the satisfaction of the Talent. If the Client fails to do so, the Engagement shall be deemed completed and full payment due. To prevent damage to equipment or music or liability arising from accidental injury to anyone attending this Engagement, Talent reserves the right to limit or deny access to the sound system, music recordings or other equipment.
The Client grants to the Talent complete creative control with respect to music programming and fixture placement such as dancefloors with the following exceptions: 1) If the Client and Talent have, prior to entering into this agreement, agreed upon inclusion and/or exclusion of specific selections and/or types of music, the Talent will to the best of their ability, comply with any such agreement. 2)If minors will be in attendance at the Engagement, the Talent will, to the best of their ability, exclude musical selections containing language that could be reasonably be considered obscene, This also includes songs related to football and religion. The Client agrees that, in such circumstances, the Talent may use versions of such musical selections that have been edited or otherwise modified for radio broadcast use.
PHYSICAL REQUIREMENTS TO BE SUPPLIED BY CLIENT
The Client agrees to supply, or arrange for the Venue to: 1)Provide a suitable setup area that is accessible and safe 2)A minimum of two power points suitable for the use of computers and PA equipment. 3)If outdoors, adequate shelter from direct sunlight, rain and wind unless otherwise discussed and agreed. 4)Take reasonable steps to ensure safety and security of all present including crowd control if deemed necessary. 5)Suitable parking during the event unless otherwise agreed and discussed. 6)A direct and obstacle free passage to the staging area. 7)The Venue has all appropriate music licensing and performance permits. 8)All required planning materials must be completed and received by Talent no later than one(1)week prior to the event. 9)If materials are not received by the deadline the event flow will default to the recommendations of event services including but not limited to the Talent. If in the event any or all of the Physical Requirements are not met or are unavailable, Talent reserves the right to amend or adjust all necessary means of performance in order to provide services within available means for performance.
ACCESS TO VENUE
talent requests that they are permitted at least (1) hour before and one (1) hour after the engagement for setup and take down. Talent reserves the right to levy additional charges if access is impeded by stairs, uneven or soft terrain, distance to the staging area, or elevator access.The Client is responsible for paying any charges imposed by the venue. These charges may include but are not limited to, parking, use of electric power, overtime before or after the engagement utilised by Talent for setting up and taking down equipment.
Any changes must be written and signed by both the Client and Talent. Oral agreements are non-binding. The latest agreement supersedes all previous agreements between Client and Talent for the engagement listed above. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force. Client may not transfer this contract to another party without prior written consent of Talent.
LIMITATION OF LIABILITY
Client agrees to defend, indemnify, assume liability for and hold Talent harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis (except in the case of gross negligence on the part of Talent), which pertains directly or indirectly to Talents performance.