DJ Contract Template for Disc Jockey Services
Introduction: Most folks like to dance and have fun when a DJ is around. Your company can be a desired service provider in this area assuming you have appropriate licenses and professional staff. There is more to providing these services than just having a DJ show up at an event though. You want your company to have a well-earned reputation both with the people attending the event you’re at, as well as the people you’re doing business with. Key Points:
- The DJ should be informed of the conduct and professionalism he/she is expected to display as a company employee. You should make sure that he/she is especially aware of confidentiality issues (as stated in Section 4.a. of the contract) and that there may be legal ramifications for not keeping topics of overheard conversations confidential. Also, make sure they are aware of smoking restrictions in designated places and away from the event.
- Confirm in your background checks that no individuals have been convicted of any of the crimes stated in Section 7. You cannot state something in the contract that is not true – there may be legal ramifications for you.
- If your company is playing a public gathering event, there are licenses to be obtained (either by you and your company or the venue where you are providing services). Seebelow in Helpful Information. However, if your company has been hired to perform at a wedding or other private event, PRO registration is not required.
- When setting agreements with vendors or clients, ensure that you’re covering the payment schedule, balance due, cancellation fees, event dates, event locations, whether you have a regular service contract or it’s a one-time event, what your responsibilities are on the date of the event, who will provide the DJ equipment (some venues have their own, but you may want to provide your own), the type of event, start and end time, etc.
Helpful Information: If your company plays at a bar, club, restaurant, or an open air venue (any place the public can gather), you should be registered with all three (3) of the Performance Rights Organizations (PROs) in the United States: American Society of Composers, Authors and Publishers (ASCAP); Broadcast Music, Inc. (BMI); and Society of European Stage Authors and Composers (SESAC). This ensures that your company has a legal license to play songs from their databases. Until recently the authority of the PROs wasn’t enforced; but it is more so now. Depending on the size of the venue you are playing, your company could be subject to regulation by PROs for the music it plays. It is best to be legally licensed to keep a professional reputation and be a desired DJ company. As stated above, if your company has been hired to perform at a wedding or other private event, PRO registration is not required. Additionally, keep certificates on file and easy to produce should they be requested. Signature: A secure method to get an agreement signed is online. Online signatures of the parties are legally binding. This is a convenient way to expedite the process and eliminate stress for both you and the client. You can use ApproveMe.com to ensure you have a legally binding signature. Additional Resources: DJ-friendly platforms for recording and uploading mixes are:
- Beatport Mixes
- Official FM
- YouTube (don’t monetize your videos though – unless you have original music compositions)
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DJ CONTRACT AGREEMENT
This Disc Jockey Services Agreement (the “Agreement”) is entered into and made effective this ____ day of _______________, 20___ (the “Effective Date”), by and between JOHN DOE, with a mailing address of 1234 Heartland Drive, Anywhere, State 12345 (the “Client”) and DJ SPINNERS, LLC, a [insert state in which incorporated] corporation [or limited liability company if applicable], with a mailing address of 123 Main Street, Somewhere, State 54321 (the “Company”). The Client and the Company shall collectively hereinafter be known as the “Parties” or “Party,” as applicable. WHEREAS, the Company offers disc jockey (“DJ”) services and the Client desires to retain the Company to perform such services in connection with the details outlined herein; WHEREAS, this Agreement is intended to outline the terms and conditions applicable to the service aspects of such business relationship between the Parties. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows: 1. DESCRIPTION OF SERVICES. On [insert date], between the hours of [insert hours of rental period], the Company shall use its professional skill and knowledge to provide DJ services to the Client (the “Services”) on premises at __________________ [insert venue, street address, city, applicable event information] (the “Event”). 2. PAYMENT. A total fee in the amount of [insert fee amount – for example, Five Hundred Dollars ($500)], which calculates out to $_________ [insert hourly rate] (“Hourly Rate”), shall be paid by the Client to the Company, according to the following schedule, for payment of the Services (“Payment”). A nonrefundable deposit (“Reservation Deposit”) in the amount of [insert dollar amount or percentage of total fees] is required within _____ [insert number of days] after the Effective Date stated above and shall not be refunded for any reason except for those situations outlined herein. The remaining balance (“Outstanding Balance”) shall be paid no later than two (2) weeks [or other time period] prior to the performance of the Services. ***insert this paragraph ONLY if your company allows extended hours*** The Services shall be rendered during the times indicated above. However, should the Client at the time of the performance of the Services, desire to extend the time period for the Services (“Additional Services”), the Company may, in its sole discretion, accept such Additional Services and be paid an hourly rate of $_______ [insert hourly “overtime” rate] which shall be charged to a credit/debit card (provided to the Company) at the conclusion of the agreed upon Additional Services time period. 3. CANCELLATION. As stated above, the Reservation Deposit is nonrefundable. A minimum of [insert day for notice – must be more than the time determined for payment of the Outstanding Balance] days’ notice is required to cancel the Agreement and to avoid payment of a cancellation fee. Any cancellation made less than [insert cancellation time] prior to the performance of the Services will result in a cancellation fee of $_________ [insert amount of cancellation fee…should be substantial enough to deter individuals from canceling]. If the cancellation is the result of the Company, all funds paid to the Company by the Client will be refunded to the Client, including the Reservation Deposit, within [insert number of days] days following the day of cancellation by the Company. a. Cancellation by Venue. Should the location/venue cancel the Event for any reason beyond the control of the Client, the Company shall refund any funds paid to it following notification to the Company by the Client of such cancellation by the location/venue. The Company shall have no responsibility and liability beyond these terms. 4. STAFF. The Company shall assign a DJ exclusively for the performance of the Services. The Company reserves the right to change any DJ assignment and substitute another DJ at any time due to illness or other emergency. The DJ shall wear a uniform of white shirt and black pants. The DJ shall be allowed to display a “tip jar” located in the entertainment/music area of the Event. Any money deposited therein shall be the property of the DJ. The DJ shall not drink any alcoholic beverages during the performance of the Services regardless as to whether such alcohol was bought by the DJ or bought by an Event guest for the DJ. No smoking is allowed by the DJ except in a reasonable location away from any Event activity and in designated locations at the location/venue. a. Confidentiality. The DJ may, during the performance of the Services, overhear or be privy to business or propriety information discussed at the Event. Such information shall remain confidential and shall survive the termination of this Agreement. 5. PROVISIONS. The Client shall designate an area for the DJ to set up; however, the DJ may suggest an alternate location at the Event if it is felt, in the DJ’s professional opinion, that the Services would be better performed in that location. The DJ shall arrive one half hour prior to the start time of the Event in order to prepare the entertainment/music area. At the conclusion of the Event (including any time under Additional Services) [include only if Additional Services paragraph is added above], the DJ shall leave within one half hour. The DJ is not responsible for any clean up at the conclusion of the Event beyond gathering the DJ’s and/or the Company’s equipment. 6. LAWS AND PERMITS. The Company shall be responsible for the acquisition of all licenses and/or permits required to provide the Services. This may include discussion and confirmation with the location/venue management as to any special or necessary permits required in order for the Company to provide the Services. Additionally, the Company specifically acknowledges that it complies with all copyright laws and that the music used in the Services is legally downloaded and/or obtained. a. Professional Registrations. The Company affirms that either it and/or all its DJs are registered with at least one (1) Performance Rights Organization in the United States. The three (3) major Performance Rights Organizations in the United States are: American Society of Composers, Authors and Publishers (ASCAP); Broadcast Music, Inc. (BMI); and Society of European Stage Authors and Composers (SESAC). b. Venue and Location Limitations. The Client acknowledges that the Company shall be limited by the rules and guidelines of the location/venue. Any desired flexibility of location/venue rules and guidelines shall be subject to negotiation solely by the Client with the location/venue management. 7. BACKGROUND CHECK; CRIMINAL RECORD. The Company affirms that all DJs have been fully vetted and passed a background check, along with any international, federal, state, and local searches deemed necessary. No DJ has any criminal history relating to driving offenses and/or crimes associated with the consumption of alcoholic beverages, child abuse, violence directed at children, and is not listed as a sex offender on either a federal or state-based registry. Additionally, for purposes of federal immigration law, all the Company DJs have provided the Company with documentary evidence of identity and eligibility for employment in the United States. 8. LIMIT OF LIABILITY. In the unlikely event that the Company is unable to perform the Services due to an extreme illness, act of God, act of terrorism, flood, war, government laws and/or regulations, and/or other conditions beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and the Company is unable to secure a suitable replacement, responsibility and liability as to the Company is limited to the return of all payments received for the Services. 9. LICENSE AND INSURANCE. The Company shall be licensed and approved for doing business in the state, county, and/or city of the Services provided. Additionally, the Company shall be insured and/or bonded as to its services. The Company acknowledges and agrees that this information may be subject to verification by the Client prior to the initiation of the Services. The Company shall cooperate fully in providing the Client with requested supporting documentation. The Company shall maintain a policy(ies) of commercial general liability insurance with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate providing coverage for, among other things, commercial property insurance coverage. All insurance required to be maintained by the Company pursuant to this Agreement shall be maintained with responsible companies qualified to do business, and in good standing, in the state of _______________ [insert state of Company] and which have a rating of at least “A-” in the most current A.M. Best’s Insurance Guide or such similar rating as may be reasonably expected. If the Company cannot or will not provide evidence of the appropriate insurance coverage within five (5) business days of the Effective Date herein, this Agreement shall terminate at that time and any Reservation Deposit shall be refunded to the Client within five (5) business days of termination. 10. TERMINATION. This Agreement shall terminate upon the occurrence of any of the following: (i) in the event either Party defaults in any material obligation owed to the other Party pursuant to this Agreement, then this Agreement may be terminated if the default is not cured following five (5) days’ written notice to the defaulting party and/or (ii) the Company becomes bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against the Company and the proceeding is not dismissed within sixty (60) days of commencement. 11. MEDIATION AND ARBITRATION. Any dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first by mediation with a single mediator selected by the Parties, with such mediation to be held in ___________ [City], ________ [State]. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the arbitration proceeding commences, except that (a) _______ [state of Company] law and the Federal Arbitration Act must govern construction and effect, (b) the locale of any arbitration must be in ___________ [City], ________ [State], and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any Party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator’s determination of the merits of the controversy. The exercise of such arbitration rights by any Party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction. 12. APPLICABLE LAW. This Agreement shall be construed and governed by the law of the state of [insert state of Company] without regard to principles of conflicts of law 13. MISCELLANEOUS. a. No Waiver. The failure of a Party to require strict performance of any provision of this Agreement by the other, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by such Party of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy. b. Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement. c. Entire Agreement; Amendments. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. The Parties acknowledge that they have read and understand the terms contained herein and agree to same. This Agreement supersedes all prior agreements, representations, or understanding (whether written, oral, implied, or otherwise) between the Parties. These terms may not be amended or modified, in whole or in part, except by an express written agreement between the Parties. d. Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement. e. Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement as identified below and as of the Effective Date of this Agreement. “CLIENT” JOHN DOE _____________________________________________ Signature “COMPANY” DJ SPINNERS, LLC ___________________________________________ Signature of Authorized Company Representative ___________________________________________ Printed Name of Authorized Company Representative
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