CHRISTOPHER PRESTON & ASSOCIATES

Agreement to Provide Musical Entertainment

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AGREEMENT made this ______ day of ____________________________, 20___, by and between

 

________________________________________, hereinafter referred to as the Purchaser, and By Christopher Preston and Associates, hereinafter referred to as the DJ.

 

WITNESSETH

NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:

 

1. The Purchaser hereby engages the Christopher Preston and Associates, The service to be performed at Event Location:

 

(Venue): ______________________________________________________________

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(Address): _____________________________________________________________

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______________________________________________________________________

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(Telephone #s LAN Line & Mobile): _________________________________________________

 

2. By Request Christopher Preston and Associates hereby agrees to provide a Christopher Preston and Associates for the Purchaser at the above-mentioned location.

 

3. The said Christopher Preston and Associates shall consist primarily of providing musical entertainment by means of a recorded music format.

 

4. By Request Christopher Preston and Associates hereby agrees to render his professional services and is at all times to have complete control of his program.

 

5. The Parties hereby agree that the Christopher Preston and Associates shall be provided and accepted on the following date(s) and time(s) of the engagement:

 

Date(s): ___________________________________

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Start Time(s): __________ AM/PM

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Finish Time(s): __________ AM/PM (5 hours minimum)

 

6. The Purchaser in consideration of the Christopher Preston and Associates to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:

 

A non-refundable reservation fee of $__________, is required to secure the services of By Request Christopher Preston and Associates for the engagement. This amount shall be applied toward the Performance Fee.

 

The Performance Fee is $__________ for the five-hour time frame outlined above.  Services requested that exceed the five-hour time frame will be charged at the rate of $_________ per hour, payable the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.

 

Payments shall be collected using the following schedule:

 

Deposit                     $ _______________ Date ____/_____/_______ Signature ________________________________________________

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Balance Due on Date    ___/____/___

(2 weeks in advance)

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Final Payment          $ _______________ Date ____/_____/_______ Signature ________________________________________________

 

 

Purchaser Initials _________      By Request Christopher Preston and Associates _________

 

Additional Terms and Conditions

The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made By Request Christopher Preston and Associates to find replacement entertainment at the agreed upon fees. Should By Request Christopher Preston and Associates be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, By Request Christopher Preston and Associates liability shall be exclusively limited to an amount equal to the performance fee and that By Request Christopher Preston and Associates shall not be liable for indirect or consequential damages arising from any breach of contract.  All deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.

 

No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with By Request Christopher Preston and Associates relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only or and unless the requestor receives written permission from Christopher Preston and Associates Receive to make a documentary or record event.

 

The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee.

 

It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.

 

It is understood that if this is a "Rain or Shine" event, By Request Christopher Preston and Associates compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ's compensation will not be affected by such cancellation.

 

In the event of circumstances deemed to present a threat or implied threat of injury or harm to By Request Christopher Preston and Associates staff or any equipment in By Request Christopher Preston and Associates possession, By Request Christopher Preston and Associates reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), By Request Christopher Preston and Associates shall resume performance in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether By Request Christopher Preston and Associates resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, By Request Christopher Preston and Associates reserves the right to deny any guest access to the sound system, music recordings, or other equipment.

 

Purchaser Initials _________      By Request Christopher Preston and Associates _________

 

Purchaser shall provide By Request Christopher Preston and Associates with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. By Request Christopher Preston and Associates requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. Purchaser is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal if necessary (for use of fog).

 

The Purchaser shall at all times have complete control, direction and supervision of the performance of By Request Christopher Preston and Associates at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of By Request Christopher Preston and Associates. A written event/music planner or music request list must be received from the Purchaser and forwarded to By Request Christopher Preston and Associates at least two weeks prior to the date of the engagement for it to be included in By Request Christopher Preston and Associates programming guidelines. With or without the aid of an event/music planner or music request list, By Request Christopher Preston and Associates shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. By Request Christopher Preston and Associates will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.

 

In the event of non-payment, By Request Christopher Preston and Associates retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by By Request Christopher Preston and Associates. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.

 

This agreement guarantees that By Request Christopher Preston and Associates will be ready to perform at the start time of the engagement. No guarantee is made as to By Request Christopher Preston and Associates time of arrival; however, By Request Christopher Preston and Associates requests that they be permitted ________ minutes before the engagement and ________ minutes after the engagement for setup and takedown. By Request Christopher Preston and Associates also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Purchaser or venue requires By Request Christopher Preston and Associates to complete setup more than one hour before the start time, or to postpone takedown more than one hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.

 

Engagements within the New York City area will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $1.00 per mile in excess of 30 miles. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for By Request Christopher Preston and Associates to be provided by Purchaser.

 

Special provisions & Additional Services Requested

___________________________________________________________________________________________________________________

 

___________________________________________________________________________________________________________________

 

___________________________________________________________________________________________________________________

 

Purchaser Initials _________      By Request Christopher Preston and Associates _________

  

By executing this contract as Purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.

 

All attached riders are an integral part of this contract. This contract will supersede any other contract.  If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.

 

The laws of the State of New York shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in New York City.  Purchaser agrees to defend, indemnify, assume liability for and hold By Request Christopher Preston and Associates harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to By Request Christopher Preston and Associates performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party.  Purchaser may not transfer this contract to another party without the prior written consent of By Request Christopher Preston and Associates. This agreement is not binding until signed by both Purchaser and By Request Christopher Preston and Associates has received it. Any changes must be written and signed by both the Purchaser and By Request Christopher Preston and Associates. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.

 

By Request Christopher Preston and Associates may elect not to exercise their rights as specified in this agreement. By doing so, By Request Christopher Preston and Associates does not waive their right to exercise those options at a future date.

 

 

THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.

 

Purchaser:

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_______________________________________________

Signature

 

_______________________________________________

Printed Name:

 

Street Address: __________________________________

 

_______________________________________________

 

Daytime Phone: __________________________________

 

Evening Phone: __________________________________

 

Email Address: __________________________________

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By Request Christopher Preston and Associates:

 

_________________________________________________ 

 

Gratuities appreciated for a job well done . . . thank you.