Terms and Conditions
Event and Entertainment CONTRACT, T&C’s
This is an AGREEMENT made by and between the person/s named on the invoice , hereinafter referred to as the client, and _Retro Dj Event Entertainment referred to as the MC and or 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:
The client hereby engages Retro DJ Event Entertainment to provide a MC and or DJ service.
services are to be performed at this location:
Venue: as named on the invoice Address:__as provided by the person/s named on the invoice
Retro Dj Event Entertainment hereby agrees to provide a MC, DJ or entertainment service for the client at Location mentioned on the invoice.
The said MC and or DJ service shall consist primarily of providing musical entertainment by
A recorded music format.
3. Retro Dj Event Entertainment hereby agrees to render professional services and is at all times to
have complete control of the music and entertainment program.
4. The parties hereby agree that the service shall be provided and accepted on the following
date and times of the engagement:
Date: _as agreed on the invoice_________ Start Time: ___as agreed by email
5. The client in consideration of the service to be rendered by Retro Dj Event Entertainment and the mutual promises contained herein, hereby agrees to pay to Mark Jayasekera the following consideration:
This amount shall be applied toward the performance fee. The performance fee is for the time frame outlined above shall be as per the invoice .
A reservation fee of 50% or as agreed , is required to secure the services of
Retro Dj Event Entertainment for the engagement upon booking of service.
Final Payment Must be made made no later than 14 days prior to the event.
Performance may be withheld until payment is secured.
Any other extra services are not apart of this agreement.
DJ Services requested by the client that exceed the time frame above will result in overtime. A rate of $85.00 an hour. Payable the day of the engagement. It may not always be possible to provide overtime, however when feasible, requests for extended playing time will be accommodated.
Additional Terms & Conditions
The agreement of Retro Dj Event Entertainment 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 Retro Dj Event Entertainment to find replacement entertainment at the agreed upon fees. Should Retro Dj Event Entertainment be unable to procure a replacement, the client shall receive a full refund. The client agrees that in all circumstances, Retro Dj Event Entertainment shall be exclusively limited to an amount equal to the performance fee, and that Retro Dj Event Entertainment shall not be liable for indirect or consequential damages arising from any breach of contract. All deposits are non-refundable.
No performance on the engagement shall be recorded, reproduced, or transmitted from the pace of performance in any manner or any means whatsoever in the absence of a specific written agreement with Retro Dj Event Entertainment relating to and permitting such recording, reproduction, or transmission. Pictures and videotapes of the event are permitted for the private use of the contracting party only.
The client and Retro Dj Event Entertainment agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the client breaches the contract, he or she shall pay Retro Dj Event Entertainment the amount set forth on page 1 as liquidated damages, plus 6% interest thereon.
Any cancellation less than 60days prior to the event will forfeit all monies that have been paid.
Cancellations before the 60days will see a full refund less 5 percent cancellation fee.
In the event that a Govt sanctioned Covid 19 event occurs and the event cannot be held due to restrictions, lockdown or quarantine no less than 48hrs before the scheduled event . Retro Dj Event Entertainment in agreement will refund the monies paid in full. Less than 48hrs notice 50% of monies paid will be retained balance will be refunded.
Fireworks and Dry ice Package
The extras in this package are supplied by our service contractor who is fully qualified and licenced to execute the services of Pyrotechnics and handling of dry ice.
This service is strictly governed by the pyrotechnian and all safety precautions and or directions given by the technician are to be adhered to.
In the event of a cancellation the technician reserves the right to with hold part or all of the fees paid. Technicians will charge travel and Accomodation based on their rates.
These rates and fees are not part of the MC/DJ fees but will be added to the over all cost of the package.
A service contract from the Pyrotechnician may be required to be signed.
Note : It is the responsibility of the Client to check with the Venue before selecting this package, as some venues do not allow indoor or out door fireworks / sparklers.
It is hereby further agreed that the client shall be held liable for any injury or damages to the DJ or any property such as the equipment owned by Retro Dj Event Entertainment while on the premises of said engagement. If damage is caused by the client, guests, members of the organization, engagement invites, employees, or any other party in attendance, whether invited or not, the client is responsible to pay for any and all damages.
It is understood that this is a “Rain or Shine” event, and Retro Dj Event Entertainment compensation is in no way affected by inclement weather. For outdoor performances, the client shall provide overhead shelter for the setup area. Retro Dj Event Entertainment reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to their self, 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 cancellations.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to Retro Dj Event Entertainment , staff, or a threat to the equipment that belongs to Retro Dj Event Entertainment.
Retro Dj Event Entertainment reserves the right to cease performance. If the client is able to resolve the threatening situation in a reasonable amount of time (15 Minutes Max), Retro Dj Event Entertainment shall resume performance in accordance to the original terms of this agreement. Payment is mandatory in either circumstance. Retro Dj Event Entertainment reserves the right to deny anyone access to any of the equipment.
The client shall provide Retro Dj Event Entertainment with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setting up equipment. Retro Dj Event Entertainment requires a minimum of one 240v outlet from a reliable power source within 20mts of the set-up area. This power source must be free of any other connected devices. Any delay in the performance or damage to equipment due to poor circuits or improper power is the responsibility of the client. Two power outlets are preferred where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required.
If the clients Venue has requested that Retro Dj event Entertainment connect to their own Audio services, Retro DJ Event Entertainment will take no responsibility of any equipment failure at the venue.This will be between the client and the venue.
The client shall provide crowd control if warranted, and furnishing directions to place of engagement. 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, and fire marshal if necessary (for use of fog).
The client shall at all times have complete control, direction and supervision of the performance second to the DJ. The client expressively reserves the right to control the manner, the means, and details of the DJ’s performance. A list of event details and song request lists must be received from the client at least two weeks prior to the date of the engagement for it to be included in the DJ’s programming guidelines. With or without the aid of an event plan or music request list,
Retro Dj Event Entertainment shall attempt to play clients and the clients guests music requests.
Requests may not be played if they do not fit the event.
In the event of non-payment, Retro Dj Event Entertainment retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by Retro Dj Event Entertainment .
This agreement guarantees that Retro Dj Event Entertainment will be ready to perform at the start time and location specified in this contract. No guarantee is made as to Retro Dj Event Entertainment time of arrival, however Retro Dj Event Entertainment requests that they be permitted 120 minutes before the engagement and 90 minutes after the engagement for setup and breakdown. Retro Dj Event Entertainment also requests ramp or elevator access between the parking or service entrance, and the setup area. If the venue requires setup or breakdown 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 the client or venue requires Retro Dj Event Entertainment to complete setup more than one hour before the start time, or to postpone breakdown more than an hour after the end time indicated, the additional time will be charged at the rate of $85.00 per hour.
Services requiring travel outside of the area will be charged at $1.50 per km in excess of 30kms. Engagements in excess of 200 kms will require accommodations for an overnight stay in a local hotel or motel provided by the client. The client will also provide for parking tolls upon agreement.
By executing this contract as the client, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen years of age, and further, if executing said contract as an 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 and 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 Victoria shall govern this agreement. The client agrees to defend, indemnify, assume liability for and hold Retro Dj Event Entertainment harmless from any claims, damages, losses, or expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Retro Dj Event Entertainment 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. The client may not transfer this contract to another party without the prior written consent of
Retro Dj Event Entertainment. This agreement is not binding until signed by both the client OR accepted agreement by email and Retro Dj Event Entertainment . Any changes must be written and signed by both the client and Retro Dj Event Entertainment. Verbal agreements are non-binding, Email agreements are a binding contract and an acceptance of this contract. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
Retro Dj Event Entertainment may elect not to exercise their rights as specified in this agreement. By doing so, Retro Dj Event Entertainment 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.
Retro DJ Event Entertainment:
Mark Jayasekera DIRECTOR