WE R DJS – Customer Terms & Conditions

All WE R DJS customers purchases are bound by the following terms and conditions please read these carefully before making your purchase!

All WE R DJS Agreements are made with the following conditions between WE R DJS and the client.
WE R DJS will provide services for the client between the applicable hours of date event.

A required retainer of a 3rd of the total package cost is required upon execution of contract.

Non-Refundable Deposit. The Client acknowledges and agrees upon execution of this Agreement, that WE R DJS will incur certain costs and expenses in order to reserve space for your event (including, without limitation, loss fees for foregoing other events to complete the said event). As such, all client must agree to a one time non-refundable retainer to WE R DJS of  30% of the total package cost (the “Deposit”) concurrently with the execution of this Agreement.

Client and WE R DJS acknowledge and agree The Deposit shall be non-refundable.The Deposit shall be forfeited by Client at the time of such breach of this agreement and shall in no way limit any other rights or remedies available to WE R DJS, at law or otherwise, under this agreement.

 

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:

  1. The Client hereby engages WE R DJS to provide a DJ Service. The service to be performed at the venue listed in our online system.
  2. WE R DJS hereby agrees to provide a DJ Service for the Client at the above-mentioned location.
  3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
  4. WE R DJS hereby agrees to render said professional services and is at all times to have complete control of their program.
  5. The Parties hereby agree that the DJ Service shall be provided and accepted on the above date and time.
  6. The Client in consideration of the DJ Service to be rendered by WE R DJS, and the mutual promises contained herein, hereby agrees to pay to the WE R DJS the invoiced amount.

Final payment is due 30 Calendar days prior to the start of your event. Schools and Non Profit Organizations may make final payment on day of function, at the event if previously arranged.

 

Section 2: Additional Terms & conditions

A ) RESERVATION: Upon client’s signature, WE R DJS will reserve the time and date agreed upon above. For this reason, the Reservation retainer  is non-refundable, even if the event is canceled for any reason, including any acts of God, fire, extreme weather, and/or any other reason beyond either parties control. The reservation retainer is to be paid at the time of signing this contract. The reservation retainer is applied towards the total contracted amount. The Purchaser agrees that in all the above circumstances, WE R DJS liability shall be exclusively limited to an amount equal to the performance fee and that WE R DJS shall not be liable for indirect or consequential damages arising from any breach of contract. All retainers are non-refundable, unless WE R DJS cancels the engagement.

B ) CANCELLATIONS: The purchaser and WE R DJS agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser cancels the contract more than 30 days before event date, he or she shall forfeit the amount set forth above as “Retainer Fee”.
Cancellations that are confirmed to be 30 calendar days or less from the event date shall result in the Purchaser owing 100% of the balance to compensate for loss of income and administration.

WE R DJS reserves the right to activate this clause at their discretion and will review each cancellation in a fair and compassionate manner.

C ) PHOTOGRAPHY & PRIVACY: WE R DJS reserves the right to use or distribute photographs or video filmed at the Purchasers event for any public or commercial purpose, and reserves copyright or any other intellectual property of said videos and/or photographs. Protecting your privacy and the confidentiality of your personal information is important to us, as it is fundamental to the way we conduct business. WE R DJS are sensitive to privacy issues and treats very seriously the ongoing trust our customers have placed in us. If the Purchaser wishes no video or photography to be taken it is the Purchaser’s responsibility to let WE R DJS know before the performance date. This clause may be amended by the Purchaser sending a written request that no video or photography be taken of the event.

D ) RAIN OR SHINE: It is understood by both parties that if this is a “Rain or Shine” event, WE R DJS performance fee is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for the DJ Equipment and / or any other electrical equipment. WE R DJS 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 DJs compensation will not be affected by such cancellation.

E ) RECEPTION PLANNER & MUSIC SELECTIONS: The client will be responsible for completing the online reception planner and music selections in a timely manner, but not less than 7 days prior to the scheduled service date, to WE R DJS . The role of the Reception Planner & Music Selections is to provide WE R DJS with the necessary information needed to provide satisfactory services on the date requested. It is recommended that the client provide WE R DJS with a floorplan of the venue & a timeline of events no later than 7 days before the event.

F ) VENUE OBLIGATIONS: In order to carry out the services contemplated by this contract, WE R DJS must have the full cooperation of the venue where said services are to be rendered. WE R DJS must also be provided with the following equipment at the venue where services will be rendered:

F 1.0 ) SETUP & POWER: A minimum 3.5m(w) x 1.8m (d) area is required for setup of the DJ equipment. WE R DJS aslo requires a minimum of one 10-20 amp 240v circuit outlet from a reliable power source within 25 meters of the setup area.
This circuit must be free of ALL other connected loads. Any delay in the performance or damage to WE R DJS equipment due to improper power is the responsibility of the purchaser. Additional outlets on separate circuits are required for COLD SPARK EFFECTS & DANCING ON A CLOUD (if contracted).

F 1.1 ) VENUE FEES: The 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 and any applicable public entertainment licenses required by law for the venue where services will be rendered.

WE R DJS will not be responsible for the above-mentioned items and in the event that these items are not provided by the venue where services will be rendered, WE R DJS shall not be held liable for the inability to provide the services obligated under this contract.

F 1.2 ) NOISE RESTRICTIONS: It is WE R DJS standard policy to not play in venues where noise restrictions are 84db or less measured 3 metres from the source. It is the purchasers responsibility to check this with the venue and in the event this is not disclosed the purchaser absolves WE R DJS of any liability regarding the performance.

Venues must have a Certificate Of Calibration for any Sound Meter used for the purpose of taking sound readings.

In all circumstances regarding noise levels it is WE R DJS standard practice to perform a soundcheck 1 hour prior to the event start time with a Venue Manager/F & B Manager only.

F 1.3 ) SETUP & PACK DOWN: This agreement guarantees that WE R DJS will be ready to perform at the start time of the engagement. No guarantee is made as to WE R DJS time of arrival; however, WE R DJS requests that they be permitted a minimum of 2 hours before the engagement and up to 2 hours after the engagement for setup and pack down of equipment. If Purchaser or Venue requires WE R DJS to complete setup more than 3 hours before the start time, or to postpone take down more than 1 hour after the end time indicated, the additional time will be charged at the rate of $100.00 per hour.

G ) MALTREATMENT: In the event of circumstances deemed to present a threat or implied threat of injury or harm to WE R DJS staff or any equipment in WE R DJS possession, WE R DJS reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), WE R DJS shall resume performance in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether WE R DJS resumes performance.
In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, WE R DJS reserves the right to deny any guest access to the sound system, music recordings, or other equipment.

H ) EQUIPMENT DAMAGE: Should any individual at the event damage any WE R DJS equipment during the course of the event including during setup and pack down before and after the event, the Purchaser hereby agrees to pay for any repairs or insurance costs deemed necessary by WE R DJS. The Purchaser will also be responsible for the costs of any subsequent external hires required to fulfill other event requirements while the damaged equipment is being repaired. All Damage payments must be made within 7 Days of the event completion. This shall include any damage to Sound & recording Equipment, Lighting, TVs, Projectors, Photobooths, Photo Backdrops, Photobooth Props, Tables & DJ Booths, Truss Covers, Cameras, Special Effect Machines, Computers, DJ controllers, Cabling, Power Tools, Vehicles, Clothing, Petrol Generators and any other equipment WE R DJS bring to the event.

I ) NON PAYMENT: In the event of non-payment, WE R DJS retains the right to attempt collection through the debt collection services. The Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by WE R DJS. All collections past the final due date stated on the Customers invoice will incur a 10% late payment fee accrued monthly until paid.

If the Purchaser fails to pay the balance remaining less than 7 days before the event date WE R DJS reserves the right to cancel the contract and retain any fee’s collected.

J ) AFTER HOURS PERFORMANCES: It is WE R DJS standard policy to not play past midnight (12am) due to noise restrictions when performing in any unlicensed venue. This is inclusive of any places of residence, factories, outdoor functions, public property, commercial offices and any other venue that does not have a valid liquor license. In the event that the purchaser has requested WE R DJS to perform past this time the Purchaser agrees to absolve WE R DJS of any legal liability and will take full responsibility for all legal proceedings, fines & fees, the retrieval of any confiscated equipment and any other legal action associated to this action. WE R DJS staff will comply with all actions requested by law enforcement officers and this is inclusive of shutting off music completely for the remainder of the event. WE R DJS will offer no refund partial or otherwise for any event where law enforcement has requested that the music be turned off prior to the event finish time.

K ) ASSIGNMENT OF THIS CONTRACT: The services obligated under this contract may not be assigned to any other party without the express written consent of WE R DJS .

L ) LIMIT OF LIABILITY: WE R DJS warrants and declares that every effort will be made to provide high-quality entertainment services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative service. WE R DJS will make every effort to secure a replacement and/or willing to provide similar entertainment services under this contract. If such a situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received under this contract.

M ) CONTRACT AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and <company_name> at the time acceptance of such terms shall be recognized as amendments to this contract.

Special Provisions

The applicable laws of the State of Queensland and/or New South Wales shall govern this agreement. In the event of suit involving or relating to this agreement the Purchaser agrees to defend, indemnify, assume liability for and hold WE R DJS harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to WE R DJS performance.

In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney’s fee and court costs of the prevailing party.

If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
WE R DJS may elect not to exercise their rights as specified in this agreement.
By doing so, WE R DJS does not waive their right to exercise those options at a future date.

This agreement represents the full and complete understanding between WE R DJS and Client. This writing supersedes all prior and simultaneous agreements or understandings, either written or oral, between the parties. In the event that any party to this agreement wishes to alter or amend any of the terms set forth herein, such alterations must be set forth in a written document and signed by all relevant and necessary parties.

This contract is a binding and legal document and is made for the purposes of entering into a contract for services.