Contract No. {{CONTRACT_NUMBER}} • Date: {{DATE}}
{{BRAND_LEGAL_NAME}} ("Entertainer") agrees to provide the MC hosting and/or DJ services selected above for the event described in this Agreement. The performance shall begin and end at the times specified unless modified by mutual written consent. The specific services provided are limited to those indicated above. Services not selected are not included unless separately arranged in writing.
Acceptable forms of payment to {{BRAND_LEGAL_NAME}} include personal check, money order, all major credit cards, cash, PayPal, CashApp, Zelle, or Venmo.
- Non-Refundable Retainer: The retainer (deposit) listed above is due upon execution of this Agreement to reserve the engagement date exclusively for Client. This retainer compensates Entertainer for holding the date and declining other bookings, and is non-refundable except as specifically provided in Sections 4 and 5.
- Balance: The remaining balance is due on or before the date of the engagement.
- Late Return: If this signed Agreement and retainer are not received within ten (10) business days of issuance, Entertainer reserves the right to release the engagement date and this Agreement shall be deemed null and void, with no further obligation to either party.
- Returned Payments: A fee of $30.00 shall be assessed for any returned check or failed electronic payment, consistent with N.J.S.A. 2A:32-8.1. Client shall be responsible for any collection costs, including reasonable attorney's fees, incurred in the enforcement of this provision.
- Late Payment: Any balance not paid by the due date shall accrue interest at the rate of 1.5% per month (18% annually) until paid in full.
If mutually agreed upon by Client and Entertainer, the engagement may be extended beyond the contracted end time at the prorated rate specified above per hour (or per 30-minute increment at half the hourly rate). Payment for any overtime period must be made in full prior to the commencement of the overtime performance. Overtime requests are subject to Entertainer's availability and sole discretion.
The following cancellation terms reflect a reasonable estimate of damages Entertainer would incur from lost booking opportunities:
- More than 120 days before event: Client forfeits the retainer. No additional payment is required.
- 60 to 120 days before event: Client forfeits the retainer and is liable for 50% of the remaining balance as liquidated damages.
- 30 to 59 days before event: Client forfeits the retainer and is liable for 75% of the remaining balance as liquidated damages.
- Less than 30 days before event: Client is liable for the full contract price, unless Entertainer is rebooked by Client for a mutually agreeable date within sixty (60) days of the original engagement date.
- Cancellation by Entertainer: In the event Entertainer must cancel, Entertainer shall make every reasonable effort to provide a substitute performer of comparable quality, subject to Client approval. If no suitable substitute is available, all payments made by Client shall be refunded in full within fifteen (15) business days.
- Weather Cancellation (outdoor events): If the event must be canceled due to severe weather, Client must notify Entertainer no later than 12:00 PM (noon) on the day of the engagement. Verbal cancellations must be confirmed in writing (email or text) within twenty-four (24) hours. In such cases, the retainer shall be applied toward a rescheduled date within ninety (90) days, subject to availability.
Neither party shall be liable for failure to perform under this Agreement due to causes beyond their reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, public health emergencies (as declared by the WHO, CDC, or NJ Governor), government-issued orders or restrictions (including executive orders, lockdowns, capacity restrictions, and curfews), civil unrest, terrorism, fire, severe weather (including hurricanes, nor'easters, blizzards, and flooding), venue closure by government authority, mandatory evacuation orders, utility failures, or travel bans. The party invoking this provision must provide written notice within seventy-two (72) hours of learning of the event. Both parties shall work in good faith to reschedule the engagement. If rescheduling is not feasible within one hundred twenty (120) days, all payments shall be refunded less any documented, non-recoverable out-of-pocket costs already incurred by Entertainer, and this Agreement shall terminate without further liability to either party.
Client shall provide Entertainer access to the performance venue no less than one and a half (1.5) hours prior to the contracted start time for equipment load-in, set-up, and sound check. Client is responsible for ensuring adequate electrical power (minimum one dedicated 20-amp circuit within 50 feet of the performance area), a safe performance area, and protection from weather for outdoor events.
For events exceeding four (4) hours, Entertainer shall be entitled to one break of approximately 15-20 minutes. Pre-recorded music shall be provided during the break if DJ services are included. Break timing will be coordinated with Client or venue manager to minimize disruption.
Client shall provide Entertainer with complimentary parking near the performance venue and a designated loading/unloading area for equipment. Any parking fees or tolls incurred by Entertainer in connection with the engagement are the responsibility of the Client.
Client is solely responsible for obtaining all necessary permits, licenses, and approvals required by any municipal, county, or state authority for the event, including but not limited to noise permits, special event permits, entertainment licenses, and performance licenses (ASCAP, BMI, SESAC). For outdoor events, Client shall confirm permissible sound levels and amplified music hours with the local municipality and communicate these requirements to Entertainer no fewer than fourteen (14) days before the performance. Entertainer shall comply with reasonable sound level requests from venue management and applicable noise ordinances. Full payment to Entertainer remains due if the event is canceled, delayed, or curtailed due to permit issues, noise complaints, or regulatory action.
Entertainer shall provide DJ equipment as applicable to the engagement, including turntables/controller, speakers, and lighting. Client shall be financially responsible for any damage to or theft of Entertainer's equipment caused by Client, Client's guests, venue staff, or any third party at the event. Client agrees to provide a safe and secure environment for Entertainer's equipment throughout the duration of the engagement, including set-up and breakdown. Entertainer shall be responsible for any damage to venue property directly caused by Entertainer's negligence during the engagement.
Song requests will be accommodated from Entertainer's DJ library. Client may submit a playlist of preferences or a "do not play" list no fewer than seven (7) days prior to the event. Entertainer reserves the right to exercise professional judgment regarding music selection to maintain event energy and flow. Entertainer does not guarantee that every requested song will be available or played.
For MC/Host services, Client shall provide Entertainer with key names, event timeline, special announcements, and any scripted elements no fewer than seven (7) days prior to the event. Entertainer will work with Client to finalize the event program. Last-minute changes on the day of the event will be accommodated where reasonably possible but are not guaranteed.
Client may photograph and record the performance for personal, non-commercial use only. Any commercial use of Entertainer's name, likeness, image, or performance recordings requires prior written consent from Entertainer. Entertainer reserves the right to use event photographs and video for its own promotional and marketing purposes, unless Client provides written objection at least seven (7) days prior to the event.
Entertainer is engaged as an independent contractor for the purposes of this Agreement and is not an employee, agent, joint venturer, or partner of Client. Entertainer shall be solely responsible for the payment of all taxes, insurance, and benefits. Nothing in this Agreement shall create an employer-employee relationship between Client and Entertainer.
- Limitation of Liability: Entertainer's total liability under this Agreement shall not exceed the total contract price paid by Client. Entertainer shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to costs of substitute entertainment. This limitation does not apply to damages arising from Entertainer's gross negligence or willful misconduct.
- Client Indemnification: Client agrees to indemnify, defend, and hold harmless Entertainer from and against any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from or related to: the condition of the event venue; the actions or omissions of Client's guests; alcohol-related incidents; and Client's failure to obtain required permits -- except to the extent caused by Entertainer's negligence or willful misconduct.
- Entertainer Indemnification: Entertainer agrees to indemnify, defend, and hold harmless Client from and against any claims, damages, losses, or expenses arising from Entertainer's negligence, equipment damage to the venue caused by Entertainer, or the actions of Entertainer during the engagement.
Either party may refuse to proceed or terminate the performance if the other party violates any applicable law, regulation, or provision of this Agreement, or if either party reasonably believes conditions at the venue are hazardous to any person or property. In the event Entertainer terminates the performance due to safety concerns, hostile or threatening behavior, or dangerous conditions not caused by Entertainer, full payment shall remain due to Entertainer.
The financial terms of this Agreement, including pricing and payment amounts, are confidential between the parties and shall not be disclosed to any third party without the prior written consent of the other party, except as required by law or in connection with any legal proceeding related to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions. Any dispute arising under or in connection with this Agreement shall be resolved as follows:
- Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days.
- Mediation: If negotiation is unsuccessful, the dispute shall be submitted to mediation in Essex County, New Jersey, with a mutually agreed-upon mediator. The costs of mediation shall be shared equally.
- Litigation: If mediation is unsuccessful, either party may pursue litigation in a court of competent jurisdiction in the State of New Jersey, Essex County. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.
Entertainer collects Client's personal information solely for the purposes of managing bookings and communicating about this engagement. Client information will not be sold or shared with unaffiliated third parties. Client may opt out of promotional communications at any time by contacting Entertainer in writing.
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect interpretation. This Agreement may be executed by electronic signature, which shall have the same legal effect as an original signature pursuant to the New Jersey Uniform Electronic Transactions Act (N.J.S.A. 12A:12-1 et seq.).