Booking Terms and Conditions
Booking Terms and Conditions
As a professional Wedding DJ business, all of our bookings are subject to the below Terms and Conditions.
Our booking contract provides firm but fair rules of engagement that cover every aspect of your booking with us from Payment Terms to the DJs conduct through to Refreshments!
If you require any clarification please do send us a message.
BOOKING TERMS AND CONDITIONS
This Contract (as defined below) sets out the terms and conditions under which we will provide the Services to you.
By “you” or “your” we mean the “Client” as defined in the booking form.
By “us” “the dj” and “we” we mean DJ Wedding Disco.
Meaning of Terms
In this Contract (unless the Contract otherwise requires), the following words shall have the following meanings:
Booking – means the request and confirmation of the Service.
Booking Contract – means the Booking Contract signed by the parties which sets out specific details of the booking of Service by the Client.
Client – means any natural person, corporate or unincorporated body (whether or not having separate legal personality) contracting for the use of the Service.
Commencement Date – The Contract shall come into effect upon receipt by DJ Wedding Disco of a signed contract from the Client or on the first date on which DJ Wedding Disco provides the Service, whichever is the earlier.
Conditions – means these terms and conditions, as amended from time to time by DJ Wedding Disco.
Contract – means these Conditions and the Booking Contract.
Event – means the occasion for which the Service is required.
Price – means the price specified in the Booking Contract.
Service – means the services as provided/arranged by DJ Wedding Disco as set out in the Booking Contract.
1. In this Contract the following rules apply:
a) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under the statute or statutory provision, as amended or re-enacted;
b) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
c) a reference to “writing” or “written” includes faxes and emails.
2. The Booking constitutes an offer by the Client to purchase the Service in accordance with these Conditions. The Client shall ensure that the terms and specifications in the Booking are complete and accurate.
3. For the avoidance of doubt, the Client’s standard terms and conditions (if any) attached to, enclosed with, or referred to in the Booking shall not govern the Contract and these Conditions shall prevail over any other conditions previously published by DJ Wedding Disco in respect of the Service and these Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
4. The Contract shall come into effect upon receipt by DJ Wedding Disco of a signed contract from the Client and Booking Fee or on the first date on which by DJ Wedding Disco provides the Service, whichever is the earlier (the Commencement Date). Notwithstanding the foregoing, DJ Wedding Disco reserves the right to refuse to supply the Service until such time as it has received a signed contract from the Client.
5. DJ Wedding Disco shall use reasonable endeavours to supply the Service from the Commencement Date.
ii. DJ Wedding Disco will use our reasonable endeavours to ensure that the DJ delivers a performance that is to the best of his/her ability, and reflects the likeness of the ‘DJ’ show, as known to and as advertised to the Client by the DJ via distribution of the DJ demo CD’s, promotional materials, profiles, pictures, videos and web page.
iii. The DJ will make every reasonable effort to – ensure that his/her performance is to the required standard, adhere to the client’s reasonable wishes, be polite and courteous to the Client, your guests and all venue staff and contractors.
iiii. With respect to music requests and playlists, the DJ will make every reasonable endeavour to play every song requested where possible throughout our performance. In the rare instance this is not acheived there will be no monetary recompence to the client.
iiiii. In the unlikely event of DJ Wedding Disco being unable to appear for any reason, we reserve the right to fulfil its obligations by arranging for a suitable alternative to appear in its place so that the function can proceed. Where practicable the client will be notified in writing.
6. The Service shall be directed by DJ Wedding Disco.
7. DJ Wedding Disco reserves the right to make changes to the Service which are necessary to comply with any applicable laws or safety requirements. DJ Wedding Disco will notify the Client of any changes to the Service.
8. DJ Wedding Disco will provide administrative assistance with the management of the services booked.
ii. Any “Gifted” or “Free” Items or services have £0.00 value and do not form part of our contract.
9. The Client shall:
a) co-operate with DJ Wedding Disco in all matters relating to the Service;
b) provide, in a timely manner, such data and other information as DJ Wedding Disco may require for the provision of the Service, and ensure that it is accurate in all material aspects;
10. In consideration of the provision of the Service, the Client hereby agrees to pay the Price to DJ Wedding Disco together with any VAT eligible in respect thereof at the prevailing rate at the tax point date.
11. DJ Wedding Disco has the right to adjust the Price in the case that any additional services are requested by the Client after the Commencement Date, including but not limited to an increase in Services.
12. Written notification of any Price changes will be made by DJ Wedding Disco to the Client as soon as possible.
Additional Charges and Payments to Third Parties
13. The Price is a service and management charge inclusive of reasonable expenses properly incurred by DJ Wedding Disco in connection with the Service.
14. DJ Wedding Disco shall obtain the Client’s written approval before incurring any expenses, material or services exceeding an amount specified by the Client and included in the Booking Contract.
15. If DJ Wedding Disco requires to sub-contract the provision of any part of the Service, it shall issue a written confirmation to the Client for the Client’s approval and DJ Wedding Disco shall have the right, acting as an agent of the Client, to bind the Client contractually to all approved sub-contractors.
16. Where DJ Wedding Disco is acting as an agent in relation to the provision of the Service, it will not be liable to any third-party suppliers for payment.
17. Any expenses incurred under clause 17 or 18 shall be invoiced by DJ Wedding Disco.
18. Notwithstanding the terms of clause 21, DJ Wedding Disco can make payments to third party suppliers and/or sub-contractors on behalf of the Client. DJ Wedding Disco can, at its sole discretion, set off the Revenue against any payments made by it to third parties. In the event that the Revenue actually received by DJ Wedding Disco does not exceed the sums paid by it to third parties, DJ Wedding Disco shall invoice the client for any sums not covered in accordance with clause 21.
19. If for any reason, the Event is cancelled or postponed, the Client shall be liable for all payments made or due to third parties under the terms of this Contract and shall indemnify DJ Wedding Disco in relation to the same, provided that DJ Wedding Disco uses reasonable endeavours to mitigate any such costs.
By DJ Wedding Disco:
20. DJ Wedding Disco reserves the right to cancel the Service (or any part thereof) if:
a) the Client breaches any of Its duties or obligations under the Contract
b) in the opinion of DJ Wedding Disco, the Client has requested a significant change of the Contract or Service; including but not limited change of venue or additional services;
c) an administrator is appointed to the Client or in the event of the liquidation or receivership of the Client;
d) DJ Wedding Disco is not satisfied with the Client’s credit status;
e) in the opinion of DJ Wedding Disco, the Event might prejudice the reputation of DJ Wedding Disco.
f) DJ Wedding Disco is requested to cancel the Event by order of any government or other public authority.
By the Client:
21. The Booking will be considered ‘cancelled’ by DJ Wedding Disco when a Client, by written notification to the event manager, cancels or postpones the entire Booking.
22. In the event of termination of the Contract for any reason, DJ Wedding Disco shall have the right to impose a cancellation charge which shall be calculated as detailed in clause 27 below.
23. In the event of cancellation, DJ Wedding Disco shall have the right to impose a cancellation charge which shall be calculated as detailed below:
a) if cancelled 180-120 days prior to the first day of the Event, the cancellation charge shall be 10% of the Price;
b) if cancelled 120-90 days prior to the first day of the Event, the cancellation charge shall be 25% of the Price;
c) if cancelled 90-60 days prior to the first day of the Event, the cancellation charge shall be 50% of the Price;
d) if cancelled 60-30 days prior to the first day of the Event, the cancellation charge shall be 75% of the Price; and
e) if cancelled less than 30 days prior to the first day of the Event, the cancellation charge shall be 100% of the Price.
24. On termination of this Contract for any reason, the Client shall immediately pay to DJ Wedding Disco cancellation charges as provided for in clause 27, less any amounts already paid.
25. A non-refundable booking fee of 20% of the Price is payable upon the Commencement Date. If your event is less than 30 days away from the commencement date payment in full will be due at the time of booking.
26. Further booking fees may be required depending on the value of any additional services the Client requests DJ Wedding Disco to book and/or contract on their behalf.
Payment terms for the Service
27. For all bookings by Clients:
a) the Client shall, within 14 days of the date of the relevant invoice or request for payment, pass for payment, in pounds sterling, all monies due under
b) the Client shall notify DJ Wedding Disco of any disputed amounts within 5 working days of the date of the invoice or request for payment and the Client shall pay the undisputed amount within 14 days of the date of the invoice. The disputed amount alone may be withheld until the dispute is resolved.
c) all payments by the Client to DJ Wedding Disco shall be made without deduction or set off.
28. For all other bookings:
a) the Client shall make all payments due under the Contract in pounds sterling and within 14 days of the date of the relevant invoice or request for payment.
b) if the Client fails to pay any amount due under the Contract on the due date, DJ Wedding Disco may charge interest at an annual rate of 3% above the base rate for the time being of Royal Bank of England for the period from the due date up to and including the date of receipt.
c) the Client shall notify DJ Wedding Disco of any disputed amounts within 5 working days of the date of the invoice or request for payment and the Client shall pay the undisputed amount within 14 days of the date of the invoice; the disputed amount alone may be withheld until the dispute is resolved
d) all payments by the Client to DJ Wedding Disco shall be made without deduction or set off.
29. Information and data belonging to the Client and used by DJ Wedding Disco will remain the sole property of the Client. Except with the express written permission of the Client or if required by law or regulation, DJ Wedding Disco will not disclose or use this information for any purpose other than those associated with the Service.
ii. From time to time the Service Provider may take photographs or video at events. Unless expressly forbidden by the Client, the Client is deemed to have agreed to such photographs and video being taken and used to promote the businesses of DJ Wedding Disco.
30. DJ Wedding Disco undertakes to maintain database management procedures in compliance with the Data Protection Act 1998 (the “DPA”) and the General Data Protection Regulations 2018 (the “GDPR”).
31. The Client warrants that it has notified with the Information Commissioner as a data controller (as defined in the DPA) if it is legally required to do so and shall ensure that it is compliant with the terms of the DPA and has sufficient authority to pass any data to DJ Wedding Disco.
32. The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by DJ Wedding Disco, its employees, agents, consultants or subcontractors and any other confidential information concerning DJ Wedding Disco business or its products which the Client may obtain.
33. The Client may disclose such information:
a) to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this Contract; and
b) as may be required by law, court order or any governmental or regulatory authority.
34. The Client shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with clauses 32 to 35.
35. The Client shall not use any such information for any purpose other than to perform its obligations under this Contract.
Liability – please read carefully
36. Subject to clause 38, the entire liability of DJ Wedding Disco in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, is limited to an amount equal to the Price.
37. Subject to clause 60, the liability of DJ Wedding Disco in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, will not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the Client has advised DJ Wedding Disco of the possibility of those losses, or if they were within DJ Wedding Disco contemplation.
38. Nothing in these conditions shall operate to exclude or restrict either party’s liability for:
a) death or personal injury resulting from negligence.
b) fraud or deceit.
39. The Client shall indemnify, keep indemnified and hold DJ Wedding Disco harmless from and against all claims, actions, damages, liabilities and costs (including professional fees) which may be brought against or incurred or suffered by DJ Wedding Disco, its employees or agents in connection with the Service which arise as a result of or due to the actions, omissions, or negligence of the Client, its employees or agents or others whom it is responsible, or any Guest.
40. DJ Wedding Disco will have no liability to the Client when they are not at DJ Wedding Disco premises, even if any such liability is incurred at a location which DJ Wedding Disco has organised an alternative venue for delivery of the Event and/or organised as part of the relevant social programme as part of the delivery of the Service as specified in the Booking Contract
41. DJ Wedding Disco gives notice that all arrangements for transport and conveyance, or for any other services, are made by them as agents, upon the express condition that they shall not be liable for any injury, damage, loss, accident, delay or irregularity howsoever caused which might occur due to the act, omission fault or negligence of any suppliers or subcontractors engaged in carrying out contracted arrangements for the Client.
42. The Client shall effect and maintain adequate insurance cover (including professional indemnity insurance and event and public liability insurance) to cover all liabilities under the Contract, with a reputable insurer approved by DJ Wedding Disco and shall, on DJ Wedding Discos request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.
43. The Client will allow suitable time for the installation and dismantling, and removal of equipment (minimum of one hour). The Client also ensures that safe and adequate power is available in the form of 2×13 amp sockets within 3 metres of the setup area as a minimum. The DJ will ensure that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and any amendments thereafter.
44. The Client must ensure that the entire venue has all relevant licences, and conforms to all the local bye-laws as The DJ cannot perform in a venue that has not got all required licences.
45. The Client must ensure that there is adequate parking for The DJ on the night for off loading and loading of the equipment, in a safe and secure manner. Should there be items stolen during this procedure it is the responsibility of The Client.
46. If the performance start time is delayed due to the inability of The DJ to gain access to the performance area, or any other delay beyond The DJ(s) reasonable control, The DJ will not be liable for any refund whatsoever.
47. If you are booking other entertainment (e.g. Singer, comedian, band etc) as well as hiring ourselves, please consider & think about the amount of space available and where The Client is going to put the disco. Speaker location is usually best if it is no greater than 10 metres either side from the position of the presenter.
48. The DJ also reserves the right to refuse to continue any event prior to the start should there not be sufficient floor space which would not allow the audio / lighting equipment to be assembled safely.
49. It is the Client’s responsibility to ensure that all guests conduct themselves in a proper manner at all times. The Client must be responsible for all guests and their actions.
50. The Client will provide adequate supervision of its guests, including children, at the venue, and will be liable for any loss of or damage to the The DJ’s equipment or personnel belongings, caused by guests attending the function.
51. No violent, aggressive or abusive behaviour from anyone under any circumstances will be tolerated, and The DJ reserves the right to terminate the disco at any time if any personal safety is under threat. The DJ does not take responsibility for ejecting any unwanted persons from any venue. The Client will be advised of any problems arising in this respect with any guests.
52. In the event of a minors function there must be the legal ratio of responsible persons to minors.
53. The DJ will act in a fully responsible attitude at all times, during his attendance to the venue, it will set up and run as requested by The Client unless the legal requirement is different which will be pointed out and stated.
54. The DJ will be responsible for producing certificates of Public Liability Insurance (PLI) and Portable Appliance Testing (P.A.T).
55. The Client will be responsible for the safety and security of any theft of items of The DJ.
56. The DJ is not liable for any damage on the venue; any potential hazard must be pointed out by the client or the venue staff at the time of set-up.
57. The Client is also responsible for any damage to The DJ’s equipment caused by any person at the event. The Client will be charged for the full cost of any repairs required. The Client will be advised of any damage as soon as it is caused.
58. The Client shall comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.
59. ‘Force Majeure’ means any circumstance beyond the control of DJ Wedding Disco including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs, or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power, non-performance or delays by suppliers or materials shortages.
60. DJ Wedding Disco shall not be liable to the other of loss or damages arising from prevention or delay in performance of this Contract where same is a result of Force Majeure. For the avoidance of doubt, nothing shall excuse the Client from any payment obligations under the Contract.
61. If DJ Wedding Disco is prevented or hindered from attending the event by a Force Majeure event, DJ Wedding Disco may, at its sole option and without being liable for any loss or damage suffered by the Client or Delegates, relocate the event to another location or terminate the Contract forthwith by giving notice to that effect to the Client.
62. The benefit of this Contract may not be assigned by the Client without the prior written consent of DJ Wedding Disco.
63. This Contract and any document referred to herein represent the whole understanding of the parties with regard to the subject matter hereof. Each and every provision in this Contract shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of this Contract is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of this Contract which shall remain in force and effect.
64. No variation or alteration of any of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of each party.
65. English Law shall govern this Contract and the parties to this Contract submit to the exclusive jurisdiction of the English courts.
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