Additional Terms and Conditions
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The agreement of MAJESTIK Entertainment to perform 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 MAJESTIK Entertainment to find replacement entertainment at the agreed upon fees. Should MAJESTIK Entertainment be unable to procure a replacement, Client shall receive a full refund of all monies paid. Client agrees that in all circumstances, MAJESTIK Entertainment liability shall be exclusively limited to an amount equal to the performance fee and that MAJESTIK Entertainment shall not be liable for indirect or consequential damages arising from any breach of contract. All deposits are non-refundable unless MAJESTIK Entertainment cancels the agreement. Client and MAJESTIK 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 MAJESTIK Entertainment the amount set forth above as "Performance Fee" (Wage agreed upon) as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee. It is hereby further agreed; that the Client shall be held liable for any injury or damages to MAJESTIK Entertainment staff, or property of MAJESTIK Entertainment, while on the premises of said event, if damage is caused by Client or guest(s), members of his/her organization, event invitees, employees, or any other party in attendance, whether invited or not. It is understood that if this is a "Rain or Shine" event, MAJESTIK Entertainment compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. MAJESTIK Entertainment reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to any MAJESTIK Entertainment staff, equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. MAJESTIK Entertainment's compensation will not be affected by such cancellation. In the event of circumstances deemed to present a threat or implied threat of injury or harm to MAJESTIK Entertainment staff or any equipment in MAJESTIK Entertainment’s possession, MAJESTIK Entertainment reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 30 minutes), MAJESTIK Entertainment shall resume performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether MAJESTIK Entertainment resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, MAJESTIK Entertainment reserves the right to deny any guest(s) access to the sound system, music recordings, lighting or other equipment. Client shall provide MAJESTIK Entertainment with safe and appropriate working conditions. This includes an 8-foot by 8-foot area for setup; space for sound system set-up, speakers and lighting stands. MAJESTIK Entertainment requires a minimum of two 15-20-amp circuit outlet from a reliable power source within 50 feet (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 MAJESTIK Entertainment’s equipment due to improper power is the responsibility of the Client. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Client shall provide crowd control if warranted. 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 of MAJESTIK Entertainment at this engagement and Client expressly reserves the right to control the manner, means and details of the performance of the services of MAJESTIK Entertainment. A written event timeline and/or music planner/music request list must be received from the Client and forwarded to MAJESTIK Entertainment at least two weeks (14 days) prior to the date of the event for it to be included in MAJESTIK Entertainment’s programming guidelines. With or without the aid of an event timeline and/or music planner/music request list, MAJESTIK Entertainment shall attempt to play Client's and Client's guests' music requests but shall not be held responsible if certain selections are unavailable or not played. MAJESTIK Entertainment will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement. In the event of non-payment, MAJESTIK 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 MAJESTIK Entertainment. Client shall be charged $50 for each returned payment. This agreement guarantees that MAJESTIK Entertainment will be ready to perform at the start time of the event. No guarantee is made as to MAJESTIK Entertainment's time of arrival; however, MAJESTIK Entertainment requests that they be permitted 60-120 minutes before the event and 45 minutes after the event for setup and takedown. MAJESTIK Entertainment 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 $50.00 in half hour increments. If Client or venue requires MAJESTIK Entertainment to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half hour. Events within 40 miles of the San Francisco Bay Area Region or 100 miles of San Diego County will not be assessed a travel charge. Services requiring travel outside of this area will be subject to additional charges and will be included in total Performance Fee as stated and agreed upon. Events in excess of 150 miles will require accommodations be made for an overnight stay in a local hotel for MAJESTIK Entertainment to be provided by Client.