Terms used in this document shall have the following meanings:
“Booking Fee” means the fee as notified to you by us for the booking;
“Client”, “you”, “your” or “yours” means you, the person booking our services;
“Confirmation” means any verbal, electronic or written acceptance of the booking by The Ultimate Wedding DJ;
“Force Majeure” means any event which is beyond the reasonable control of either party which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Terms and Conditions” means the terms and conditions upon which the booking for DJ services is made and which is set out in this document;
“Wind Tribes”, “us”,”our” or “we” refers to the musicians and founders of Wind Tribes, Oli Franklin and Tim Haigh.
1: This contract reflects our verbal agreement. It shall include any terms agreed prior to its issue. In order to secure your booking you must agree to these terms and conditions by paying a deposit (which will be an agreed amount of the total booking fee).
1.1: Once we receive your deposit payment a confirmation will be issued to you provided we can provide the service on the required date and at the required venue. A contract for the booking shall come into effect immediately upon confirmation. It shall be deemed unaccepted unless the booking deposit is received by Wind Tribes within 7 working days of the issuing date. No alterations may be made to this contract by client / crisis cover entertainers without prior approval consent from Wind Tribes.
2: Booking fee: you agree to our reservation fee which is payable in advance to Wind Tribes. The booking fee is deducted from the price quoted.
2.1: After the booking fee has been deducted, the remaining amount of the price quoted will be due no later than 48 hours before any given performance. Wind Tribes will not be obliged to perform if this outstanding balance has not been settled in full within this time frame.
3: The client shall have the right to cancel the booking by contacting Wind Tribes not less than 28 clear days notice in writing. In the event of the client wishing to cancel this contract agreement for any reason other than Act of God or National Disaster, any advance reservation payment will be forfeited.
3.1: A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within fourteen days of the performance.
3.2: A cancellation fee of not less than 75% of the agreed fee will be due if the cancellation is within seven days of the performance.
3.3: The whole of the agreed fee will be due if cancellation is within 48 hours of the performance.
4: In the unlikely event that Wind Tribes is unable to attend personally due to accident or sudden illness, Wind Tribes shall endeavour to provide a suitable substitute offering a similar service at no additional charge to the client. This does not apply in circumstances detailed below.
4.1: Force Majeure Wind Tribes will not be liable for failing to attend a booking, where the reason for nonattendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, fuel shortages, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control.
5: In the event of contracted musician’s wishing to cancel the contract, the musician will indemnify Wind Tribes against the cost of loss and or damage in full, unless due to accident or sudden illness. In this event, a medical certificate signed by a medical practitioner must be supplied to the client within ten working days.
5.1: Wind Tribes will not be liable for non-fulfilment of contract by contracted musicians. In the event of the client seeking compensation, Wind Tribes will not be liable under any such claim and the contracted musicians will only be liable up to and not exceeding the contracted amount.
6: The client will appreciate that suitable time for venue access, safe installation and dismantling and safe removal of equipment from venue is required in addition to performance time. Therefore, the client and venue will allow suitable time for the installation and dismantling and removal of equipment (up to 90 minutes each side of the booking times). Where appropriate, the client will also inform the venue, in advance, of musicians(s) requirements. Please note: Wind Tribes shall not be liable for any additional charges levied to the client by the venue in relation to equipment assembly / removal timescales.
7: The client will ensure that safe and adequate power is available for musician’s performance.
8: Unwarranted Abuse or threatening behaviour from client’s guests or venue management or venue staff will not be tolerated and will result in the performance being terminated with no loss to Wind Tribes.
8.1: The client agrees that compensation for any loss of or damage to performing musician(s) equipment, vehicle(s) and/or personal belongings caused by client’s guests, venue customers and or venue staff may be sought including any additional costs.
9: The client agrees that the confirmed entertainment start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of Wind Tribes and the management of the venue.
10: Wind Tribes will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of the clients’ chosen requests, provided such requests are submitted in writing before the event. The client also agrees that Wind Tribes cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified.
11: Where the client requests that Wind Tribes set up DJ equipment at an earlier time prior to the actual start of the function, the client acknowledges that a tiered charge may be made for this additional service, and that this service will be subject to availability. In addition to any previously agreed charges, if Wind Tribes should arrive at the client’s venue at any earlier, prearranged time, and are unable to access the venue to set up the equipment or are prevented from doing so by the venue management, then the client shall be charged standing time at the hourly rate discretion of Wind Tribes which must be settled in full before commencement of main entertainment.
11.1: Wind Tribes will not be liable for any refund, in part or whole, where ‘we’ are late accessing the venue and setting up purely because of earlier events over-running, or where ‘we’ are prevented from accessing, setting up or providing our professional services by the venue management. Neither will Wind Tribes be obligated to provide an extension to the agreed timescale on a prorata basis in these circumstances.
11.2: Where the venue does not have its own parking facilities, Wind Tribes reserves the right to pass on any additional parking fees for refund by the client. Please note: that in accordance with Health and Safety laws, Wind Tribes will refuse to work at venues where illegal or hazardous parking is required in order to unload vehicle. This also applies to general health and safety concerns within the venue such as navigating cluttered or unlit stairways and exits.
12: Where Wind Tribes is engaged to work alongside a band (or other entertainer), it is the client’s responsibility to ensure that adequate space exists within the venue for both entertainers to set up their equipment and that separate power outlets exist.
13: It is agreed by the Client that the equipment and instruments of the DJ are not available for use by other performers or persons except by specific permission of the DJ concerned.
14: Where the event is being held in a marquee, the client will ensure that the work area is dry and that a minimum of 2x 13A power sockets are located within 15 metres of this area. Please note: Bad Weather or impending bad weather on the day will not allow Wind Tribes or contracted musician(s) to commence entertainment outdoors under any circumstances. Wind Tribes accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions.
15: Where Background Music is supplied, this will be on an iPod to plug into the venue’s inhouse system (it is the client’s responsibility to ensure this can be done) or the music will be played through the disco pa system from the position where the DJ is set up (unless otherwise previously agreed).
16: All media or content for presentations must be delivered to Wind Tribes at least two weeks prior to the event and in a format specified by Wind Tribes. Wind Tribes cannot guarantee that content delivered past two weeks before the event will be a) be displayed b) work correctly.
17: Agreements are made separately for each booking, and there is no requirement for us to accept any booking offered.
In signing the contract, I agree that I have read the Terms and Conditions of hire and acknowledge booking details contained herein are correct.