TERMS & CONDITIONS | maui-dj-services

TERMS AND CONDITIONS
For all Approved Bookings with Maui DJ Services L.L.C.

Listed below are the Terms and Conditions which are divided into two parts:

PART A is specific towards our DJ Provided Services (applies for when our DJ's and/or Technicians are assigned to remain present throughout the duration of the event)
PART B is specific towards Equipment Rental Services only (for when Customer takes possession of our equipment)

PART A - DJ SERVICES - TERMS AND CONDITIONS

This DJ Services Agreement is made between Maui DJ Services L.L.C. "Maui DJ Services" and the Customer “Customer” and is effective as specified. This agreement shall be binding under the laws of the State of Hawaii.

FORCE MAJEURE:

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, natural catastrophes, changes in laws or regulations, national strikes or fire.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss or (b) a party's financial inability to perform its obligations hereunder.

CLIENT RESPONSIBILITIES:

Client shall provide DJ 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. DJ requires a minimum of one 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 DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Client shall provide crowd control if warranted; and furnishing directions to place of engagement. Client is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, and use of electric power.

A written wedding/music planner or music request list must be received from the Client and forwarded to DJ at least thirty days prior to the date of the engagement for it to be included in DJ programming guidelines. With or without the aid of a wedding/music planner or music request list, DJ shall attempt to play Client's and Client's guests' music requests but shall not be held responsible if certain selections are unavailable. DJ will make an extra effort to have music requests available if they are received IN WRITING at least thirty days prior to the engagement.

RECORDING and USE:

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 DJ relating to and permitting such recording, reproduction, or
transmission. Pictures and videotape of the wedding are permitted for the private use of the contracting party only.

TIME and TRAVEL:

This agreement guarantees that DJ will be ready to perform at the start time of the engagement. If Client or venue requires DJ to complete setup more than thirty minutes before the confirmed start time, or to postpone break-down more than thirty minutes after the confirmed end time, an early setup or late breakdown fee will be applied at $50.00 per hour.

Engagements on the island of Maui will not be assessed a travel charge with the exception of all Hana events. Hana events will be assessed a travel fee. Services requiring travel off the island of Maui (or in Hana) will be charged accordingly.

PAYMENT:

A 50% retainer fee is due within (14) days of signing the contract which confirms the date. The remaining balance is due (30) days prior to the event.

In the event of non-payment, DJ 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 DJ. Client shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.

CANCELLATION:

The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made to find replacement entertainment at the agreed upon fees. Should DJ be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, DJ liability shall be exclusively limited to an amount equal to the performance fee and that DJ shall not be liable for indirect or consequential damages arising from any breach of contract.

All retainer fees are nonrefundable unless the DJ cancels the engagement. Retainer fees cover all pre-event planning expenses which include but are not limited to the use of online planning systems, event consultation through phone calls and emails, contract services, office work and more.

Should the client decide to cancel the engagement within (30) days of the event all payments (100% of the contract value) are due immediately (if not already paid in full) and are nonrefundable.

If Clients determine not to reschedule and cancel the wedding/event altogether, or choose a new wedding/event date that Maui DJ Services is not available for, the retainer and all other payments made by Clients are still non-refundable, such payments will be credited to Clients’ account, and credit may be used for any type of services offered by Maui DJ Services within (12) months from the date of cancellation. Should Clients fail to Notify Maui DJ Services of any postponement or cancellation within (30) days of the original wedding/event date, Clients forfeit the retainer and all fees paid.

The purchaser and DJ 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 the DJ the full contract value.

It is understood that this is a "Rain or Shine" event, and DJs compensation is in no way affected by inclement weather. For outdoor
performances, Client shall provide overhead shelter for setup area. 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.

It is hereby further agreed; that the Client shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Client or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.

COVID-19 & HAWAII WILD FIRES CANCELLATION/RESCHEDULING

In the event Clients determine that a postponement of the wedding/event is necessary due to Covid-19 health concerns or due to the Hawaii Wild Fires, Clients must Notify Maui DJ Services within (30) days of the original wedding/event date. Maui DJ Services will allow Clients to reschedule the wedding/event one (1) time within an (18) month period of the original wedding/event date without a rescheduling fee or changes to the originally confirmed pricing. The retainer and all other payments made by Clients up to the date of rescheduling due to Covid-19 or Hawaii Wild Fires are non-refundable and will transfer over to the rescheduled wedding/event date. The final 50% remainder due by Clients under this Agreement will be moved to (30) days prior to the new rescheduled wedding/event date . Clients understand and agree that it is their responsibility to work with Maui DJ Services to find a mutually agreeable rescheduled date. Maui DJ Services will give Clients first choice of all available dates on its calendar within the (18) month period.

After the first courtesy postponement, in the event Clients reschedule the wedding/event again, a rescheduling fee of $500.00 will apply for each subsequent postponement thereafter and Maui DJ Services reserves the right to increase its package pricing.

This clause supersedes all other clauses under this Agreement for Covid-19 & Hawaii Wild Fire related postponements and cancellations only.

ADDITIONAL TERMS:

By executing this contract as Client, the person executing said contract, 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 contract 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 contract.

This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract 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 this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.

PART B - EQUIPMENT RENTAL AGREEMENT & ALL OTHER SERVICES INCLUDING TRANSPORTATION - TERMS AND CONDITIONS

This Agreement is made between Maui DJ Services L.L.C. "Maui DJ Services" and the Customer “Customer” and is effective as specified in the agreement signed by both the Customer and Maui DJ Services. This agreement covers specified event information pertaining to the rental period "Event", Rented Equipment “Equipment” and Service Labor “Labor”. This agreement shall be binding under the laws of the State of Hawaii.

AGENT:

Customer may assign an Agent over the age of 18 to act for the Customer to pickup, receive, drop off, setup or operate Equipment (unless Maui DJ Services specifies within the approved agreement that the Equipment delivery and setup is an included service). Customer agrees to notify Maui DJ Services in writing/email when assigning an Agent to pickup or receive Equipment. Customer agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment, pickup and/or return time. Use of an Agent does not limit Customer responsibilities under this Agreement in any way.

ORDER CONFIRMATION DATE:

The date that Maui DJ Services confirms Job pricing and availability in writing to Customer with a Job status as “BOOKED” OR "CONFIRMED", generally via a confirmation email with Job attachment.

PAYMENT:

Maui DJ Services standard policy is to reserve Equipment for Customer by requiring an Equipment retainer fee (typically 50% of total). The remaining amount is due one (1) day prior to the rental date specified within the agreement. Customer agrees to a $35 service charge for any returned checks. Outstanding balances on the Event End Date will be charged when payment has been made by credit card. Outstanding balances may arise from these or other rental related items: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to an amended rental agreement. Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.

CANCELLATIONS:

The agreement of this contract is subject to proven detention by accidents, riots, strikes, or any other legitimate conditions beyond our control. If such circumstances arise, all reasonable efforts will be made to find replacement services at the agreed upon fees. Should Maui DJ Services be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, Maui DJ Services' liability shall be exclusively limited to an amount equal to the contracted fee and that Maui DJ Services shall not be liable for indirect or consequential damages arising from any breach of contract.

All retainer fees are non-refundable unless Maui DJ Services cancels the order. Should the client decide to cancel the engagement within (30) days of the event all payments (100% of the contract value) are due immediately (if not already paid in full) and are nonrefundable. The purchaser and Maui DJ Services 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 the full contract value.

REFUNDS:

Refunds are limited to the value of the rented items herein. Customer discharges Maui DJ Services from liability or damages in excess of the rental amount in the Event of Equipment failure or unavailability. Customer is responsible for immediately notifying Maui DJ Services (808-419-0445) of any Equipment malfunction or related operational problems in order for any price adjustment to be considered. Maui DJ Services provides free 24/7 telephone tech support and will make every effort to immediately replace Equipment that is malfunctioning.

DELIVERY, SETUP, OPERATION AND PICKUP BY Maui DJ Services:

If applicable, Customer agrees to be available during the Delivery/Setup and Pickup Time window described on Event. Re-delivery or re-pickup due to Customer not being present for delivery or pickup is subject to additional delivery charges. Customer is responsible for Maui DJ Services’s safe and open access to the Event location for delivery, setup, operation and breakdown tasks.

EQUIPMENT OPERATION BY CUSTOMER:

Customer agrees to be available to receive operational instructions from a representative of Maui DJ Services at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation. Customer agrees to inform Maui DJ Services when using Equipment outdoors and follow any specific instructions regarding outdoor use. Customer agrees to notify Maui DJ Services when taking Equipment outside of the state of Hawaii. Customer agrees not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, extended direct sunlight or heat sources. Customer agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage. Labor fees for dispatching a technical support rep may apply if Equipment is found to be reconfigured after it left Maui DJ Services’s possession or Customer did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during the technical support telephone call. Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.

LABOR CHARGES:

Labor charges on the Event, if applicable, are estimates based on Maui DJ Services’s understanding of the Event and Event requirements. Labor charges are subject to modification if the Event requirements deviate from the original agreement.

RENTAL PERIOD:

Rental Period extends from the Customer Pickup or Delivery/Setup date and time to the Customer Return or Available Pickup date and time. Late returns are subject to additional charges at Maui DJ Services’s daily Equipment rental rate.

DAMAGED EQUIPMENT:

Customer is responsible for all damage to Equipment from any cause whatsoever incurred while in possession of Equipment. Maui DJ Services will inspect all Equipment returned from Customer and will notify Customer of any charges within 24 hours of the Event's End. Maui DJ Services Technician onsite during Event does may not release Customer from damaged Equipment liability. Customer is responsible for the Equipment damages caused by their attendees at Event.

LOSS AND UNRETURNED EQUIPMENT:

Customer is responsible for loss from any cause whatsoever incurred while in possession of Equipment, including theft. Failure to return Equipment per agreement terms with no communication from the Customer after 24 hours of Event's End Date, will void this Agreement and Equipment shall be considered stolen goods, prosecutable in accordance with Hawaii State Law. Any Customer credit cards on file can be charged for Equipment MSRP. Customer is responsible for all costs associated in recovering missing Equipment, or cost of Equipment, included but not limited to cost associated with: repossession, legal fees, and collections.

CUSTOMER INDEMNIFICATION:

Customer agrees to indemnify and hold harmless Maui DJ Services for damages and liability to rented items, persons and property resulting from the use or misuse of the rented items. Customer assumes all risk of any and all injuries or any kind including wrongful death resulting from use or misuse of rented items. Customer agrees to hold Maui DJ Services its officers and employees free and harmless from and to indemnify and defend Maui DJ Services against any and all suites, actions, proceedings, claims, judgments, demands, costs and charges for legal expenses and penalties resulting from injury or damage to any and all persons and property arising out of or in connection with the rented items herein.

Maui DJ Services does not support copyright infringement, including but not limited to public display and reproduction of copyrighted material. Maui DJ Services reserves the right to refuse rental of Equipment when Customer cannot provide proper documentation for use of copyright material.

ASSIGNMENT:

Customer responsibility under this agreement remains with the Customer in the Event of subleases, sub-rentals, or assignments of the Equipment to any other party.

By taking providing payment and taking possession of rented Equipment, you agree with the above Maui DJ Services terms and conditions.