DJ Joubert — Event Booking Contract

1. General Provisions

1. 1.1. The services to be provided by DJ Joubert are specifically for the event type specified and none other. If the event type is other than specified, DJ Joubert reserves the right to terminate performance.
2. 1.2. The date of the event is not reserved until this Booking Contract or a Retainer Agreement is returned with the contract signing fee to DJ Joubert. The client will be informed if others are interested in the date of the event specified in this Booking Contract.
3. 1.3. This Event Booking Contract shall be excused by detention of personnel by sickness, accidents, riots, strikes, epidemics, Acts of God, Force Major, Acts of War or any other legitimate condition beyond DJ Joubert's control. If such circumstances arise, all reasonable efforts shall be made by DJ Joubert to find a replacement entertainment at the agreed upon fees. Should DJ Joubert be unable to procure a replacement, the client shall receive a 100% refund of all fees paid to DJ Joubert. The client agrees that in all circumstances, DJ Joubert' liability shall be exclusively limited to refunding 100% of the fees paid and that DJ Joubert shall not be liable for indirect or consequential damages arising from any breach of contract.
4. 1.4. This Event Booking Contract guarantees that DJ Joubert shall be ready to perform at the start time of the event. No guarantee is made as to DJ Joubert time of arrival for set up; however, DJ Joubert requests that they be permitted at least 90 minutes before the event and at least 90 minutes after the event for setup and take down.
5. 1.5. This agreement shall be governed by the laws of the State of New Jersey and New York. In the event of suit involving or relating to this agreement, the client agrees that suit shall be in Bergen County.
6. 1.6. Except for negligent acts by DJ Joubert personnel, the client agrees to defend, indemnify, assume liability for and hold DJ Joubert harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to DJ Joubert performance.
7. 1.7. 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.
8. 1.8. The client may not transfer this Event Booking Contract to another party without the prior written consent of DJ Joubert.
9. 1.9. This Event Booking Contract is not binding until received and signed by an authorized representative of DJ Joubert. Any changes must be written and signed by both the client and DJ Joubert. Oral agreements are non-binding.
10. 1.10. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
11. 1.11. DJ Joubert may elect not to exercise their rights as specified in this agreement. By doing so, DJ Joubert does not waive their right to exercise those options at a future date.
12. 1.12. DJ Joubert is acting as a subcontractor to the client and not as an employee of the client.

2. Fees

1. 2.1. Amount for services: This is the total price of the contract.
2. 2.2. Contract Signing Payment: This is the non-refundable fee paid to DJ Joubert to secure the services for the date being booked. This amount is subtracted from the total amount for services.
3. 2.3. Balance: The amount remaining after subtracting the Contract Signing Payment and any other portion of the amount for services paid.
4. 2.4. Schedule:
5. 2.4.1. The client may pay DJ Joubert in increments per month up to 30 days prior to the event.
6. 2.4.2. Final payment is due 30 days prior to the event. The remaining balance must be paid in full 30 days prior to the date of event. If the balance has not been paid in full 30 days prior to the event DJ Joubert reserves the right to reopen the date for booking and cancel the event performance and the client is still responsible for the remaining balance of the total amount for services. If it is less than 30 days prior to the event when the contract is signed, the total amount for services will be due with the signed contract.
7. 2.4.3. The client may pay more than $250 per month.
8. 2.5. DJ Joubert reserves the right to seek legal means to recover the remaining balance of the total amount for services and any court and legal fees resulting from such legal means.
9. 2.6. The client may request to pay the remaining balance on the day of the event. This request must be received in writing by DJ Joubert no less than 30 days prior to the event. If such request is granted, the remaining balance must be paid by cash, bank (cashier's) check, or money order and must be paid prior to DJ Joubert staff setting equipment up. If such request is granted, and the remaining balance has not been paid 15 minutes after the scheduled start of the event, DJ Joubert and/or staff will leave the venue and the client will still be responsible for paying the remaining balance.
10. 2.7 There will be a $100 fee added for all returned checks.
11. 2.X (Deposit Proof & Verification). Client must upload and provide a deposit screenshot/receipt. This contract is considered complete and confirmed only after DJ Joubert verifies the deposit is successfully received/cleared through the payment provider/bank. Screenshots alone are not accepted as final proof if the deposit cannot be verified. Any falsified proof may result in cancellation and legal action.

3. Play List

1. 3.1. DJ Joubert must receive a written event/music planner or music request list at least 14 days prior to the event for it to be included in DJ Joubert programming guidelines for the event.
2. 3.2. The written event/music planner or music request list shall include a list of selections the client does not want played; this list shall be referred to as the "Do Not Play" list.
3. 3.3. With or without the aid of an event/music planner or music request list, DJ Joubert shall attempt to play the client’s and the client’s guests’ music requests but shall not be held responsible if certain selections are unavailable.
4. 3.4. DJ Joubert shall make an extra effort to have music requests available if they are received by DJ Joubert "IN WRITING" at least 14 days prior to the event. Note: Use of DJ Joubert music selection system shall be considered "IN WRITING".
5. 3.5. DJ Joubert reserves the right to include selections in addition to or substitution of those specified by the client in DJ Joubert programming guidelines for the event in order to increase dance participation. None of these additional selections shall be on the client's Do Not Play list.
6. 3.6. In order to present songs in an appropriate manner, DJ Joubert reserves the right to modify the order of songs presented on the event/music planner or music request list.

4. Venue Access

1. 4.1. The client and their agents are to provide DJ Joubert immediate, unencumbered, and nonhazardous access into, through and out of the loading area, facility, and work space.
2. 4.2. DJ Joubert requires ramp or elevator access between the parking/service entrance and the setup area. If the only access between the parking/service entrance and the setup area is via steps, DJ Joubert reserves the right to charge an additional $10/step for 3 or more steps. DJ Joubert must be notified by the client of steps being the only access method prior to the client signing this Event Booking Contract.
3. 4.3. 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 and after the event utilized by DJ Joubert for setting up and taking down equipment.

5. Working Conditions

1. 5. The client shall provide DJ Joubert with safe and appropriate working conditions. This includes, but is not limited to:
2. 5.1. Providing a 6 foot by 6 foot area for the DJ’s main setup and space for setting up speakers. If a screen and projector is being required, an additional 6 foot by 6 foot area will be required for the placement of the screen and projector. The screen/projector area must be placed in viewing area of the majority of the client's guests and must be fifty feet or less from the main DJ area.
3. 5.2. A 120-volt outlet (3-prong grounded with at least 15 amps available) from a reliable power source within 50 feet (along the wall) of the set-up area. DJ Joubert is not responsible for any ground loop hum caused by the venue's electrical wiring.
4. 5.3. A facility that completely covers and protects DJ Joubert’s equipment from adverse weather conditions (i.e., direct sunlight, rain, excessive winds).
5. 5.4. Providing crowd control if warranted; and furnishing directions to place of event and free parking.
6. 5.5. Should this be an outdoor event, the client shall provide a dry area for DJ Joubert; this includes the ground where DJ Joubert is to set up. If it has rained the night before and the ground is still soft, the client shall place plywood on the ground in a 6 foot by 6 foot area for DJ Joubert. The client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions.

6. Safety of DJ Joubert’s Personnel

1. 6.1. The client shall take steps to protect DJ Joubert's equipment, music and personnel during the contracted period. Any damages incurred due to a lack of reasonable protection on the client's part (except in the case of gross negligence on the part of DJ Joubert) shall be payable by the client to the extent of repair or replacement of damaged music and equipment, and all costs of medical treatment.
2. 6.2. In the event of circumstances deemed by DJ Joubert to present a threat or implied threat of injury DJ Joubert reserves the right to cease performance. If the client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), DJ Joubert shall resume performance in accordance with the original terms of this agreement. The client shall be responsible for payment in full, regardless of whether the situation is resolved or whether DJ Joubert resumes performance.
3. 6.3. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, DJ Joubert reserves the right to deny any guest access to the sound system, music recordings, or other equipment.

7. Cancellation

1. 7.1. This agreement cannot be canceled except by mutual written consent of both the client and DJ Joubert.
2. 7.2. If cancellation is initiated by the client in writing and agreed to by DJ Joubert in writing, the client shall be required to pay any unrecoverable costs already incurred by DJ Joubert (but not more than the total fee agreed upon).
3. 7.3. Up to 45 days prior to the event: DJ Joubert is entitled to the Contract Signing Payment for the event.
4. 7.4. Between 30 days and 45 days prior to the event: DJ Joubert is entitled to 75% of the amount for services.
5. 7.5. If the event is cancelled 30 days or less from the date of the event, DJ Joubert is entitled to 100% of the amount for services.

8.0 Photo Montages

1. 8.1 All materials for photo montages are due into DJ Joubert 15 days prior to the event.
2. 8.2 A $50 late fee will be assessed for materials received after 15 days prior to the event. The late fee must be paid in cash, money order, or cashier's check prior to the montage being presented. Failure to pay the late fee will result in the montage not being presented and DJ Joubert will retain the montage fee.
3. 8.3 Do not send materials later than 10 days prior to the event as there will not be enough time to develop the montage.

9.0 Song Content

1. 9.0 Due to the nature of current music and trends DJ Joubert is not responsible for foul or abusive content in songs or singers comments on microphones. The karaoke versions are edited and they may star out foul words but the singers will generally sing them. If you wish we will make 2 announcements about use of language, but we cannot police the entire evening. Standard non-karaoke music is all radio versions or censored.

Final Notice: This contract may not be altered, cancelled, assigned, or transferred without the consent and authorization of DJ Joubert. If unauthorized changes are made, DJ Joubert reserves the right to void the contract and withhold the contract signing fee.