Terms and Conditions
Retro DJ Event Entertainment
Conditions of Booking Agreement
Thank you for choosing Retro DJ Event Entertainment [ABN 98 480 091 051 ] hereafter “Retro DJ Events”, “our”, “we”, “us” for your Designated Event.
This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Services (‘the Terms’) supplied by Retro DJ Events. Please read these terms carefully before booking with Retro DJ Events, or using our Services. The Terms and Schedule One enclosed are important because they set out the rights and obligations of you as the Client, details of your Designated Event, and the use our Services (‘Your Booking’).
Your Booking is confirmed once we have received a digitally signed copy of these Terms. However, where you fail to provide an executed copy of the Terms but proceed to use our Services or instruct us as to how the Services will take place on for your Designated Event, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
Schedule One – Event Details
1.Authorised Person: <name>
2. Designated Event: <event_name>
7.Total Fee: <total_fee>
8. Performance Start Time: <start_time>
9. Performance End Time: <end_time>
10. Assigned Personnel:<employee_names_list_line_breaks>
1. Scope of Services
Retro DJ Events provides entertainment services, including but not limited to the provision of performers and musicians to its Clients at Designated Events, as outlined in Schedule One (‘the Services’).
2. Non-Refundable Booking Fee
2.1. The Client must pay a non-refundable booking fee of 25% of the total price quoted by Retro DJ Events. The Booking Fee not only constitutes the reservation of your Booking Date, but also payment for work performed up to the point of booking and costs and expenses associated with doing so.
2.2. You acknowledge that through booking the date for the Designated Event, you accept that Retro DJ Events will suffer loss by declining other work for that date, from the date that you agree to these Terms. The non-refundable fees related to that cancellation are considered liquidated damages as a result.
2.3. The Non-Refundable Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within these terms), and the variation of your Booking Date constitutes a new booking, subject once more to these Terms.
3.1 For payments other than the Booking Fee we will provide you with an invoice for the Goods and Services in advance. Any payments made to Retro DJ Events will be made by Direct Debit, Paypal or Cash.
3.2. The final balance of your invoice from Retro DJ Events must be paid fourteen (14) days prior to the Designated Event. Failure to pay monies due means that Retro DJ Events may suspend or withhold the performance of the Services until such payment is made, and all complimentary services may be cancelled.
3.3. Retro DJ Events reserves their right to charge interest and pass on debt collector fees incurred whilst recovering payment.
3.4. In the event that you choose to pay the full amount, or an amount greater than the non-refundable Booking Fee outlined in Clause 2.1 earlier than fourteen (14) days prior to the Designated Event, you do so at your own initiative and the money will not be refunded where you choose to cancel or postpone your Designated Event.
3.5. Retro DJ Events reserves the right to increase the price of the Services where there are any last minute changes to the Client’s requirements, scope of services, additional hours or increase in labour.
3.6. Where the Function requires substantial travel for Retro DJ Events, greater than 150km from Diggers Rest Post Office , the Client is required to pay accommodation, airfares, travel to the destination and car hire. Travel being greater than 75km from Diggers Rest Post Office, the Client is required to pay for travel and if required accommodation. The Client is also required to pay for parking, where the Designated Event occurs at a Venue which does not provide free parking for Vendors.
4. Cancellation or Postponement of Booking
4.1. Subject to the Clauses below, you may cancel this agreement at anytime, by notifying Retro DJ Events in writing. By doing so, you forfeit the Non-Refundable Booking Fee and any additional payments or full payments made. Cancellation does not affect your obligation to pay for Services already provided.
Cancellation or Postponement of Booking – Six (6) Months or Earlier
4.2. In the event that you cancel or postpone your Designated Event with more than six (6) months notice, Retro DJ Events will retain the Non-Refundable Booking Fee and any additional payments made. You will not be charged for the balance outstanding on your event. Retro DJ Events may transfer all monies including the Non-Refundable Booking Fee and any additional payments to a new date. Retro DJ Events will use its best endeavours to find a mutually agreed date and the Booking Fee will be transferred to the new date without any cancellation cost to the client.
Cancellation or Postponement of Booking – Within Six (6) Month Period
4.3. In the event that you cancel or postpone your Designated Event with less than six (6) month’s notice of the Designated Date, Retro DJ Events will retain the Non-Refundable Booking Fee and any additional payments made. Retro DJ Events reserves the rights to charge the balance of money owing in full. It is only in the event that parties find a mutually agreed new date that the Booking Fee and additional payments will be transferred to the new date without any cancellation cost to the client.
4.4. Retro DJ Events may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where Retro DJ Events terminates the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
4.5. Retro DJ Events may withdraw their Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Retro DJ Events initiate the withdrawal, all fees will be returned, excluding the Booking Fee, as well as fair market value for all Services provided.
5. Intellectual Property
5.1. You acknowledge that Retro DJ Events may take images and/or video of you using Retro DJ Events at your Event. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide Retro DJ Events a royalty free nonexclusive license to use any such images for our marketing purposes.
5.2. Any photographs, videos or sound recordings taken by the Client and Guests must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without the express written consent of Retro DJ Events is strictly prohibited. An exemption applies for Videographers, where appropriate consent for reproduction, and acknowledgement of services, is obtained by Retro DJ Events verbally, or in writing.
5.3. Images of people, places and/or products posted on Retro DJ Events’ website are either the exclusive property of Retro DJ Events or are used herein with the express permission of Retro DJ Events. Unless otherwise noted, all content included on Retro DJ Events’ website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of Retro DJ Events or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The Client also acknowledges that they have read and understood any terms and conditions of Retro DJ Events that relate to the use of content and material on Retro DJ Events’ Website.
6. Model Release
6.1. The Client hereby assigns and grants Retro DJ Events the irrevocable and unrestricted right to (i) use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.
6.2. The Client acknowledges that it is their responsibility to obtain the necessary assignment of rights to Retro DJ Events from those who are to be featured in photography so as to ensure that Retro DJ Events can use and publish the photographs of those persons.
6.3. The Client hereby releases Retro DJ Events and assigns from all claims and liability relating to said photographs. it is agreed that Retro DJ Events may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by Retro DJ Events.
7. Cooperation and House Rules
7.1. You agree to obey all reasonable written and verbal instructions given by Retro DJ Events and its Contracted Personnel without objection in response of the services.
7.2. The Client acknowledges that Retro DJ Events is limited by the guidelines of the ceremony official or the venue site management if applicable. You agree that you will be at all times responsible for obtaining any necessary consents associated with the Event’s host venue for the Services and Retro DJ Events will not be liable for any loss whatsoever resulting from a failure to perform the Services on the basis that the Event’s host venue has refused the Services to be provided.
7.3. You must also advise of any issues that may prevent Retro DJ Events from performing at your Event as soon as you become aware of such issues. You further agree to indemnify Retro DJ Events and that you are liable for loss suffered as a result of your failure to notify Retro DJ Events of such issues or if Retro DJ Events has suffered any loss associated with your Event.
8. Hours of Coverage
8.1. Hours of coverage are as outlined in Schedule One. You acknowledge however that Retro DJ Events and its Contracted Personnel cannot play past the designated closing time of your Designated Event.
8.2. In the event that you request for Retro DJ Events and its Contracted Personnel to play past the designated closing time of your Designated Event, you will be charged a minimum $130.00 per hour plus GST, or part therefore. This will be charged and pre-paid before the extend time begins.
9. Food and Beverages for Contracted Personnel
You agree to provide any of the Contracted Personnel attending the Designated Event with appropriate and sufficient food and beverages for the duration of the Designated Event.
10.1. The Client shall agree, while working with Retro DJ Events on or at the Designated Event, they are not to undertake any illegal or dangerous activities that threaten Retro DJ Events’ safety, well-being or liability.
10.2. The Client agrees to provide a safe environment for Retro DJ Events and its Contracted Personnel to prevent unauthorised interference or removal of any equipment from the arrival of Retro DJ Events and its Contracted Personnel at the Designated Event, to the time completion of engagement. The engagement will be completed at the time Retro DJ Events and its Contracted Personnel remove all equipment from the Designated Event.
10.3. Further, it is the Client’s responsibility to ensure it, and its other vendors, are following government regulations in regard to COVID-19 or any other health directive, including those restrictions relating to gatherings, social distancing, and dancing. As it is the Client’s responsibility, the Client agrees to arrange enough supervision or security at the Designated Event to ensure all government regulations relating to the gathering of persons are adhered to.
10.4. If these regulations are not strictly adhered to and Retro DJ Events or its Contracted Personnel feel the personal safety of its employees and officers are at risk, we reserve the right to exit the event and cease our Services. If this occurs, you forfeit any fees paid.
11. Special Terms and Conditions
11.1.1. The Client is required to ensure or provide a solid and level surface of at least 2 square metres for Retro DJ Events’ Sound System with an adequate power supply prior to the Designated Event.
11.1.2. Where the Designated Event is being held outdoors, the Client is required to ensure or provide adequate cover and protection for Retro DJ Events, its Contracted Personnel, and equipment.
11.1.3. Interruption to the music due to moving equipment, including the Sound System will not be cause to receive a discount on Services provided.
11.1.4. Where equipment becomes damaged, or the like, through fault of people at the Designated Event, excluding Retro DJ Events and its Contracted Personnel, the Client will be responsible in repairing and replacing the equipment affected.
11.2. Music Request List
11.2.1. The Client is required to provide Retro DJ Events, via the planning portal, a list of chosen music requests, no later than 48 hours (2) days before the Designated Event.
11.2.2. The Client is required to provide Retro DJ Events, via the planning portal, a list of music that they do not want played, no later than 48 hours (2) days before the Designated Event.
11.2.3. Retro DJ Events and its Contracted Personnel will endeavour to play and produce all requested music but will not be held liable or in breach of this Agreement for failing to play requested music.
11.2.4. Retro DJ Events and its Contracted Personnel reserves the right to include selections in addition to or in substitution of, those specified in the Music Request List or to increase audience participation
12. Subcontracting of Services
12.1. In the unlikely event of severe medical, natural, or other emergencies, occur before the start of the event, it may be necessary to retain an alternative personnel. Retro DJ Events will make every effort to secure replacement or additional personnel able and/or willing to provide similar Services as chosen in this contract at the cost, otherwise any monies paid shall be refunded.
12.2. Where a Contracted Personnel of Retro DJ Events encounters a medical or other emergency during the Booking Period, the full fee shall remain payable. Retro DJ Events will ensure that music, through an automatic mix, will continue to play until such time as Retro DJ Events are able to obtain another Contracted Personnel to complete the booking.
12.3. Where Retro DJ Events are unable to find a Contract Personnel within a reasonable time frame of between 45 minutes to one and a half (1.5) hours of the pervious Contracted Personnel leaving the venue, a part refund may be negotiated, or time extended to cover loss of time.
12.4. Where Retro DJ Events are unable to find an alternative personnel at all, a full refund will be issued.
13. Warranty, Liability and Indemnity
13.1. To the extent that the Australian Consumer Law allows, Retro DJ Events provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
13.2. To the fullest extent permitted by law you agree that neither Retro DJ Events or its Contracted Personnel will be liable to you or any person for any loss, damage or claim resulting from or arising out of your use (or inability to use) the Services, or the attendance of Retro DJ Events at the Designated Event. You engage Retro DJ Events entirely at your own risk, and we assume no duty of care to you with respect to the Event or Level of Services you require. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms. The aggregate liability to you for any other losses resulting from the use of Retro DJ Events and your Event is limited to the aggregate amount paid the Services at the Designated Event.
13.3. Retro DJ Events agrees that while it will perform the Services to the best of its ability, it accepts no responsibility for unforeseen circumstances (but for Force Majeure Events outlined in Clause 12) that may prevent it from performing the Services, including but not limited to, equipment failure, power outages, illnesses or inability of its Contracted Personnel to attend and perform the Services.
13.4. To the fullest extent permitted by law, you agree to indemnify and hold harmless Retro DJ Events, and its Contracted Personnel, or any officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
14. Force Majeure
14.1. Retro DJ Events will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any “Events Beyond Our Control". Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (‘force majeure circumstances’). If an event outside our control takes place that means the performance of our obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the “Event Outside Our Control”.
14.2. This clause does not apply in circumstances where the “Event Outside Our Control” still makes the Booking possible, but you cancel the Booking or vary the Booking because the alleged “Event Outside Our Control” causes mere inconvenience or changes the Booking in a manner that does not suit you. In this instance, any fees and charges that are deemed non-refundable remain so and Retro DJ Events is only obliged to use its reasonable endeavours to provide an alternative date.
14.3. In force majeure circumstances, Retro DJ Events will endeavour to arrange a new date for the Booking with you after the Event Outside Our Control is over however if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee and additional services and or work performed on your event, will be returned to you.
14.4. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, Retro DJ Events credit any amount paid already for a date that can be mutually agreed.
14.5. If you choose to book again and an "Event Beyond Our Control" is foreseeable, based on Government guidance, then the booking is done so at your own risk and Retro DJ Events is not liable for any loss suffered as a result of the failure of your second booking to proceed.
These Terms and any dispute relating to the same are governed exclusively by the laws of South Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in South Australia.
17. Severability and Waiver
17.1. If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Agreement.
17.2. Any failure by Retro DJ Events to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to the Client in writing.
18. Amendments and Variations
Retro DJ Events reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you, except by providing you with the amended Terms and Conditions. We may revise these terms from time to time. The revised terms will take effect when Retro DJ Events have provided them to you and your continued usage of Retro DJ Events for your Event after any changes to these Terms and Conditions will mean you accept those changes.
19. Execution by Parties
This agreement must be executed by each Authorised Person named (unless the parties are a incorporated entity). In instances where it is signed by one Authorised Person, that Authorised Person acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other Authorised Person. In doing so, they also warrant that the other person has read and understood the Terms prior to providing permission to execute.
We appreciate your time to peruse this agreement and look forward to being of service and celebrating your event with you!