In this document the DJ for Tone Audio Entertainments, is hereinafter referred to as the “Operator”, the owner of the equipment used “Owner”and the person making the booking as the “Client”.
The entertainment to be provided by the Operator is described as the playback of musical recordings through sound equipment with occasional “DJ” narration and provision of disco lighting (hereinafter referred to as the “Performance”).
The place of Performance is at the venue identified in the Venue Details section of the booking form (hereinafter referred to as the “Venue”).
The date of the Performance shall be the date specified on the booking form (hereinafter referred to as the “Performance Date”) and the start time and finishing time of the Performance shall also be as stated on the booking form in the Event Details section.
The Client agrees to pay the Operator a Performance fee for the Performance, to the value stated on the booking form. A non-returnable booking fee as detailed on the booking form, must be paid in cash or by bank transfer if requested by the Operator. The booking is not considered finalised until the booking fee has been paid if one has been requested, and a Booking Form confirming all details of the Performance has been signed by both the Client and the Operator.
The Booking Form shall be supplied by the Operator to the Client, upon receipt the Booking Fee and Booking Form must be signed by the Client and returned within 7 days. The requested date will be booked provisionally, if available. Should the Client not return the signed and completed documentation with the Booking Fee if requested within 7 days of the request, the date will be made available to other clients. Once everything is agreed there is a formal agreement in place for the Performance to take place, subject to full payment of any outstanding balance of money before the event start time provided by the client within the booking form.
Neither the Client nor the Operator may make any alterations to these Terms and Conditions without the agreement of both the Client and the Operator prior to the Performance.
The Client may not transfer the booking to another party without the prior written consent of the Operator.
The Operator reserves the right to refuse any booking without prejudice.
Both Client and Operator must be legally able and have full legal capacity to execute the Agreement on the agreed Performance Date. In the case of an event held for a person or persons under eighteen years of age, a representative aged eighteen or over must sign the booking form and accept responsibility for all aspects of the booking.
In all instances the Operator may, at their discretion, require positive identification of the person signing the Booking Form.
The Client may cancel the agreement at any time by doing so in writing to the Operator. In the event of the Client or the Venue wishing to cancel the Performance for any reason other than Act of God or Natural Disaster a late cancellation fee will apply as follows:
Bookings cancelled within:
- 60 days of the Performance Date 50% of value of the Performance fee
- 45 days of the Performance Date 75% of value of the Performance fee
- 30 days of the Performance Date 100% of value of the Performance fee
In the event of the Operator having to cancel, for whatever reason, the Operator reserves the right to substitute another mobile disco of comparable or better quality, and the Operator will pay any additional costs. The Client will be notified of any such replacement as soon as possible and be given the opportunity to cancel the agreement in which event all monies paid will be refunded, and as a gesture of goodwill, the Operator may pay up to an additional 25% of the Performance fee to the Client.
In the event of non-payment of the full fee prior to the Performance, the Performance will not take place and any payments already made will be forfeited to the Operator.
Should the Operator agree, a specific variation and exception to these normal Terms and Conditions, to accept payment after the Performance then in the event of non-payment after the Performance Date, the Client will be liable for any unpaid balance, plus a £5 fee for each request for payment issued, plus all reasonable collection and solicitor’s fees. The Client will be charged £20 for each returned cheque, should said cheque not be honoured. Unpaid balances will incur interest at the rate of £50 for each month for which the balance is outstanding.
Extension of Performance Duration
If the Operator is required to extend the Performance time, the fee for such extended Performance will be £50 per hour. The extended Performance is subject to the rules of the Venue, and is at the Operator’s discretion.
Reduction of Performance Duration
Should the Performance be delayed or curtailed for any reason other than events or circumstances caused by the Client’s non-adherence to these Terms and Conditions, the fee paid will be partially refundable on a pro-rata basis in half hour increments or part thereof for services not rendered.
The Client must ensure that the Venue is reserved for an adequate length of time, including time required for the installation, dismantling and removal of equipment, as per the stated requirements. If the finishing time as stated in the booking, plus the time required for dismantling and removal of equipment, is found to be later than that allowed at the Venue and the Performance has to be curtailed, or the start of the Performance has to be delayed due to insufficient time being allowed to set up the equipment, no refund will be given.
The Operator and their assistant(s) will undertake to conduct themselves in a correct and proper manner at all times and will respond to the Client’s or Venue’s requests as to volume of music, situation of equipment and any other reasonable requests providing they do not breach health and safety regulations.
The Operator and their assistant(s) will dress appropriately for the Performance.
Installation and Take-down
Access to the Venue must be available at least 60 minutes prior to the start time and 60 minutes after the finish time. If the Client or Venue has any special requirements for setting up or dismantling times or there are specified times of access, or any other restrictions which will impact on the Operator’s ability set up and dismantle the equipment, then the Client must provide these details at least fourteen days prior to the Performance Date. Any restrictions that are not notified to the Operator may attract additional charges and/or cause delay to the Performance.
Clients and Guest Behaviour
Any insults, threats, either physical or verbal, will not be tolerated by the Operator and the Operator reserves the right to end the Performance at any time if he feels he is being verbally abused or threatened in any way and the whole fee will remain payable.
The Client will provide and maintain adequate adult supervision at all times for any person in attendance under eighteen years of age. The supervising adult(s) will ensure that these persons do not interfere with the disco equipment or with the Operator performing their duties.
The supervising adults will assist the Operator with the organisation of the children during any games played at the Performance, if required.
The Client warrants that he/she is entitled to use the Venue for the purposes of the event and Performance. The Operator shall in no way be held responsible for any breaches of covenants, regulations, bye-laws, conditions and such like relating to the use of the Venue.
In the event of the Venue being unsuitable or dangerous, or the failure of a non-structured building or marquee to provide adequate facilities and protection, the Operator reserves the right not to perform or to end the Performance in the interest of health and safety and the whole Performance fee will remain payable.
Equipment for DJ & Mobile Disco Hire
The Operator shall provide all sound equipment, microphones and lighting necessary for the Performance. The Operator agrees to provide all personnel required to assist the set up of equipment, conduct the Performance and dismantle the equipment after the Performance.
In the unlikely event of a complete equipment failure (excluding circumstances beyond the Operator’s control e.g. a power outage) that cannot be rectified on the spot the Operator will attempt to get replacement equipment to the Venue as soon as possible. A pro-rata refund will be given for the time not performing.
Use of Equipment for DJ & Mobile Disco Hire
Only the Operator and their assistant(s) may operate equipment. Under no circumstances may unauthorised personnel tamper with, move or attempt to use equipment owned by the owner. The owner cannot accept responsibility for damage to property, or injury to persons caused directly or indirectly by third party interference.
Use of Equipment for PA/Sound & Lighting Hire
Only the Hirer and their immediate staff may operate the hired equipment at commercial premises and the venue stated on the booking form. Under no circumstances may unauthorised personnel tamper with, move or attempt to use equipment owned by the Owner. The Owner cannot accept responsibility for damage to property, or injury to persons caused directly or indirectly by third party interference. The equipment shall be the responsibility of the Hirer at all times until returned to or collected by the Owner. The Hirer shall keep the equipment insured against fire, loss, damage or risk from whatever cause arising in the full replacement value thereof and will permit the Owner at all reasonable times to have access to the equipment and to inspect the state and conditions thereof. In the event of loss of goods or any item thereof from whatsoever cause or reason, the Hirer shall immediately pay to the Owner the full costs of replacement, details of which are held by the Owner.
The Operator will not be held responsible for sound levels at Venues which have Sound Limiters fitted. Should the Operator be aware of it, the Operator will inform the Client that there is a Sound Limiter present before commencement of Performance. Similarly, should the Client be aware that the Venue has a Sound Limiter, the Operator must be told at least fourteen days prior to Performance Date.
Lighting & Effects for DJ & Mobile Disco Hire
The Operator will not be held responsible for the way some people may be affected by strobe lighting, sound, haze effect, bubble liquid, or any other lighting, or any other effect, that may be used. The Client must advise the Operator prior to the start of the Performance if any specific sound, lighting, or other effect should be avoided.
Health & Safety
The Operator and the Owner will ensure that all electrical equipment used will be compliant with the relevant Health & Safety legislation regarding the equipment and personnel. A PAT (Portable Appliance Test) certificate will be available for inspection.
The Operator will not responsible for any damage caused by the guests to the building where the services are provided, nor the building’s contents.
Should the Venue need to be evacuated for any reason the responsibility for ensuring that this is done will not rest with the operator.