Service Agreement

 

AGREEMENT , by and between "The Client", hereinafter referred to as the Purchaser, and Magic Music Mobile DJ Services, hereinafter referred to as the DJ.

AGREE 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:

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1. On Receipt of Deposit, and or on confirmation of Service / Booking, the Purchaser hereby engages the DJ to provide agreed DJ Service.

2. The services agreed to, to be performed / provided at

   1. The Agreed Event Location, as agreed to between the purchaser and DJ.

3. Magic Music Mobile DJ Service hereby agrees to provide a DJ Service for the Purchaser at the agreed location as agreed to between to Purchaser and Magic Music Mobile DJ Services as detailed.

4. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format as agreed.

5. Magic Music Mobile DJ Service hereby agrees to render professional services and is at all times to have complete control of the program, as discussed and agreed to between the Purchaser and Magic Music Mobile DJ Services.

6. The Parties agree that the DJ Service shall be provided and accepted on the agreed dates and time(s) of the engagement as agreed in writing.

7. The Purchaser in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following fees consideration:

   1. A non-refundable reservation fee of  50% the quoted fee, is required to secure the services of the DJ Service for the engagement. This amount shall be applied toward the full fee.

   2. The Service Fee is outlined in the written Quotation, For the time frame outlined in the quotation.

   3. Services requested that exceed the time frame will be charged at the rate agreed alternatively at a fee of R600.00 per hour, payable the day of the engagement.

   4. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.

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Additional Terms and Conditions

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1. The agreement of the DJ to perform is subject to proven detention by any act beyond reasonable control of the DJ, Including but not limited to accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control.

2. If such circumstances arise, all reasonable efforts will be made by Magic Music Mobile DJ Service to find a replacement at the agreed upon fees. Should Magic Music Mobile DJ Service be unable to procure a replacement, Purchaser shall receive a full refund.

3. The Purchaser agrees that in all circumstances, Magic Music Mobile DJ Service liability shall be exclusively limited to an amount equal to the performance fee and that Magic Music Mobile DJ Service shall not be liable for direct, indirect or consequential damages arising from any breach of contract.
    

4. All deposits are nonrefundable if cancelled by the purchaser.

5. In Accordance with South African Law, Section 9 of the copyright Act 1978, No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Magic Music Mobile DJ Service relating to and permitting such recording, reproduction, or transmission.

6. Pictures and videorecording of the event are permitted for the private use of the contracting party only. The same shall apply to all social media.

   1. Magic Music Mobile DJ Services Reserves the Explicit right to Capture Events / Functions by means of Videos / Video Clips / Multimedia for marketing and Promotional Purposes.

   2. Multimedia / Video  Clips May be used for promotional purposes via the Magic Music Social Media Pages, including but not limited to Facebook, Instagram, Twitter and the Magic Music Website. 

7. The purchaser and DJ agree that the contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Fee agreed upon".  

8. Cancellation by the client less than 7 Days prior to the agreed service date will result in a cancellation fee equal to the full agreed booking / Service fee. 

9. On confirmation of the booking, It is agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property, or equipment of the DJ, while on the premises of said engagement, if damage is caused by Purchaser, Client,  Guest, Members of his organization, Engagement invitees, Employees, or any other party in attendance, whether invited or not.

10. Any and all costs of damages and or loss as detailed in  shall be covered in full by the Purchaser. 

11. It is understood that if this is a "Rain or Shine" event, Magic Music Mobile DJ Service compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area, INCLUDING all equipment.

12. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, 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 cancellation.

13. In the event of circumstances deemed to present a threat or implied threat of injury or harm to Magic Music Mobile DJ Service staff and or ANY Damage of equipment in Magic Music Mobile DJ Service possession, Magic Music Mobile DJ Service reserves the right to cease performance.

14. Magic Music DJ Services shall take any and all reasonable steps to ensure the safety of Magic Music Mobile DJ Service staff and equipment.

15. If the Purchaser is able to resolve the threat within a reasonable amount of time (maximum of 5 minutes), Magic Music Mobile DJ Service shall resume performance in accordance with the original terms of this agreement.

16. The Staff, Management, DJ, Owner reserves the right to terminate the Music Service and / or any other service associated with services provided by Magic Music Mobile DJ Service without notice should the need arise for safety reasons at any stage. The purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether Magic Music Mobile DJ Service resumes or terminates performance.

17. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Magic Music Mobile DJ Service reserves the right to deny any guest access to the sound system, music recordings, and or any other equipment.

18. Purchaser shall provide Magic Music DJ Service with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. Magic Music Mobile DJ Service requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 20 meters (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser.

19. Additional outlets on SEPARATE circuits for lighting (if contracted for) may be required.

20. The Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. Purchaser 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, or any other requirements stipulated in the relevant Occupational Health and Safety legislation and requirements of the SANS 10366:2015 Document.

21. The Purchaser shall at all times have complete control, direction and supervision of the performance of Magic Music Mobile Sounds DJ Service at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of Magic Music Mobile DJ Service.

22. A written event/music planner or music request list must be received from the Purchaser and forwarded to Magic Music Mobile DJ Service as agreed or at least two weeks prior to the date of the engagement for it to be included in Magic Music Mobile DJ Service programming guidelines/playlist. (A link on the Website is available to facilitate this process) With or without the aid of an event/music planner or music request list, Magic Music Mobile DJ Service shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. Mobile Sounds DJ Service will make an extra effort to have music requests available if they are received IN WRITING (or via the website) at least two weeks prior to the engagement.  While Every effort will be made to satisfy the Music Requirements of the Purchaser / Purchasers Guests, Magic Music Mobile DJ Service does not guarantee the availability of Music.

23. In the event of non-payment, Magic Music Mobile DJ Service retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by MAGIC MUSIC MOBILE DJ Service. All Payments are exclusively via EFT / Cash.

24. This agreement guarantees that, notwithstanding any acts beyond our control, Magic Music Mobile DJ Service will be ready to perform at the start time of the engagement.

25. No guarantee is made as to Magic Music Mobile DJ Service time of arrival; however, Magic Music Mobile Sounds DJ Service requests that they be permitted at least 1hour 30 minutes before the engagement and at least 30 minutes after the engagement for setup and takedown.  Takedown will commence 30 Minutes prior to Engagement termination, with last track / request being played at the agreed termination time, unless otherwise agreed to, the non-essential equipment (lighting) shall be taken down at 23:30.

26. Magic Music Mobile DJ Service also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown 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 R150.00.

27. If Purchaser or venue requires Magic Mobile DJ Service to complete setup more than one hour before the agreed start time, or to postpone takedown after the end time indicated, the additional time will be charged at an agreed rate of R300.00 per hour or part thereof. Generally accepted as after 00:30

28. Travel

    1. Unless an alternative agreement is reached and agreed to in writing and agreed to between the Purchaser and Magic Music Mobile DJ Service, Engagements within 180km of Potchefstroom will not be assessed as travel charge.

    2. Services requiring travel outside of this area will be charged at Applicable AA Tariffs per kilometer exceeding the 180km travel distance.

    3. Engagements in excess of 250km will require accommodations be made for an overnight stay in a local hotel/motel for Magic Music Mobile DJ Service to be provided by Purchaser.

29. Special provisions & Additional Services Requested will form part of a separate written agreement.

30. These terms and conditions are regarded as binding between magic music mobile DJ Service and Purchaser, either in writing or by the payment of the agreed deposit, the person executing said agreement, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said agreement as 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 agreement. 

31. The terms and conditions of service shall be deemed as read and understood on Payment of the agreed deposit and/ or confirmation of booking and shall be binding on all parties affected.

32. These terms and conditions will supersede any other contract, unless stipulated in writing and agreed to by all parties concerned.

33. If any part of these terms and conditions are illegal or unenforceable, the remaining provisions of this contract / terms and conditions will remain valid and enforceable to both and all parties. These Terms and Condition contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in a separate agreed contract, shall be valid or binding.

34. The Terms and Conditions / contract / Written agreement shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.

35. The laws of the REPUBLIC OF SOUTH AFRICA shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in the Potchefstroom Magisterial Area. Purchaser agrees to defend, indemnify, assume liability for and hold Magic Music Mobile DJ Service harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Magic Music Mobile DJ Service performance.

36. In the event that a civil action arises in an effort to enforce any provision of these terms and conditions and or any alternative agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party.

37. All terms and conditions and alternative written agreements are binding, Purchaser may not transfer these terms and conditions or any alternative written agreements or contract to another party without the prior written consent of Magic Music Mobile DJ Service.

38. Magic Music Mobile DJ Service may elect not to exercise their rights as specified in these terms and conditions. By doing so, DJ Service does not waive their right to exercise those options at a future date.

Gavin Edwards, Owner

Service Agreement / Terms and conditions

MAGIC MUSIC MOBILE DJ SERVICE