Tidal Wave Dave Productions LLC – DJ Services Contract

 

1. Event Hours & Overtime

The DJ will perform for the agreed-upon event duration (as specified in the event details). If the event extends beyond the scheduled end time, overtime will be charged at $150 per hour, billed in 30-minute increments. The Client must pay for any overtime in advance of the overtime period beginning.

 

2. Venue Responsibilities, Power & Setup Requirements

Client-Provided Setup: The Client agrees to provide the following at the venue for the DJ’s use:

One (1) sturdy table for DJ equipment (approximately 6 ft. table) and one (1) tablecloth.
A minimum 10 ft × 10 ft clear area for the DJ to set up and operate.
Access to a reliable electrical power outlet (within 60 feet of the DJ’s setup area).
Wi-Fi Internet access (if available at the venue, for music streaming or downloads as needed).

Outdoor Events: If any portion of the event is held outdoors, the DJ’s equipment must be protected from weather. The Client must provide a canopy, tent, awning, or roofed structure to shield the DJ and equipment from rain, snow, direct sun, or high winds. If the venue cannot supply adequate cover, the DJ can provide a canopy for a $100 rental fee. The DJ may pause or refuse setup until proper protection is in place.
Electrical Power: A standard electrical outlet should be located within 60 feet of the DJ’s setup. If no outlet is available within 60 feet, a generator will be required (the DJ can provide a generator for a $250 rental fee if needed). All power provided must be adequate for professional audio equipment (120V, 3-prong outlet).
Advance Requests: The DJ will communicate any specific electrical or space requirements to the Client at least 30 days before the event. The Client agrees to accommodate all reasonable requests to ensure the DJ’s setup and performance can be conducted safely and effectively.

  

3. Arrival, Setup & Timeline

The DJ will arrive approximately 2 hours before the event’s scheduled start time to allow for load-in, setup of equipment, and sound checks.
After the music ends, the DJ requires about 45–60 minutes for breakdown and removal of equipment. The Client should ensure the venue allows sufficient time for the DJ to pack up after the event.
The Client must ensure the DJ has timely access to the venue for both early setup and post-event breakdown, according to the timeline above (or as otherwise agreed).
The Client agrees to submit all final music selections and important event details to the DJ no later than 7 days before the event. This includes:

Specific songs or music for the ceremony (if applicable).
Notes or special requests for the reception (e.g. must-play songs, special genres, or announcements).
Instructions for any formal introductions or the grand entrance of the couple/party.
Chosen songs for the first dance and any parent dances (if applicable).
The final event timeline or schedule (order of events, timing for toasts, cake cutting, etc.).
Providing these details at least 7 days in advance allows the DJ to obtain any needed music and prepare for a smooth event.

  

4. Music, Playlists & DJ Discretion

The DJ will provide the Client with collaborative Spotify playlists for different portions of the event (such as cocktail hour/dinner and the dancing reception). The Client (and guests, if desired) may add song suggestions to these playlists in advance of the event.
The DJ welcomes the Client’s song requests and playlist preferences and will incorporate them when possible. However, the DJ maintains professional discretion in adjusting the music selection during the event. This means the DJ may modify the playlist based on factors like guest energy, crowd response, venue restrictions, the flow of the night’s events, and any safety considerations.
The Client must provide the DJ with a list of any “do-not-play” songs or genres in writing before the event. The DJ will honor all do-not-play requests to avoid unwanted songs during the event.

 

5. Payment Terms

Booking Deposit (Non-Refundable): A deposit of 50% of the total package price is due at the time of signing this contract to secure the event date. This booking deposit is non-refundable for all events.
Remaining Balance: The remaining balance (the other 50% of the package price, plus any additional agreed fees) is due no later than 7 days before the event date. Timely payment of the balance is required to avoid cancellation for non-payment.
Accepted Payment Methods: The DJ accepts payment via Venmo (https://venmo.com/u/TWDProductions), via the online checkout portal on the DJ’s website (https://djdave.pro/check-out), as well as through Zelle, Apple Pay, or PayPal. The Client should coordinate with the DJ on the preferred payment method and ensure payments are completed by the due dates.

 

6. Cancellation Policy

 Client Cancellation: If the Client cancels or terminates this contract before the event, all booking deposits are non-refundable.

If the cancellation is made more than 60 days before the event date, the Client forfeits the 50% deposit, but no further payments will be required.
If the cancellation is made within 60 days of the event date, the Client is responsible for paying the full remaining balance of the contract. (Short-notice cancellations are difficult to rebook, so the DJ must charge the full balance in these cases.)

DJ Cancellation: DJ cancellation is extremely rare. In the unlikely event that the DJ must cancel prior to the event (for example, due to a serious medical emergency, hospitalization, or other life-threatening circumstance beyond the DJ’s control):

The Client will receive a full refund of all amounts paid, including the deposit.
The DJ will attempt to secure a suitable replacement DJ (of comparable skill and style) to fulfill the contract, subject to the Client’s approval. (If a replacement is provided and approved by the Client, the contract will be transferred to the new DJ or company with no further liability to Tidal Wave Dave Productions.)

 

7. Rescheduling Policy

If the Client needs to reschedule the event to a new date, the Client must notify the DJ as soon as possible.

If DJ Dave is available on the new date, the contract (and any monies paid) will be transferred to the new date with no additional fee, and the deposit will be applied to secure that date.
If the DJ is unavailable on the new date requested, the rescheduling will be treated as a cancellation by the Client. In this case, the deposit is forfeited, and the cancellation policy (Section 6 above) will apply regarding any remaining balance.
If the Client requests a date change within 60 days of the original event date, it is considered short notice. Such a request will be treated as a cancellation (meaning the full balance would be due), unless the DJ explicitly agrees in writing to waive this and accommodate the new date. Any agreed rescheduling should be documented in writing and signed by both parties.

 

8. Travel, Distance & Lodging

Tidal Wave Dave Productions LLC is based in Buena Vista, Colorado. If the event location requires the DJ to travel more than three (3) hours total (round-trip) from Buena Vista, the Client agrees to provide overnight lodging for the DJ on the night of the event. This ensures the DJ’s safety and comfort given the long travel distance.
Any lodging provided for the DJ must be safe, clean, and within 15 minutes of the event venue. The lodging arrangements should be confirmed with the DJ at least 14 days prior to the event. The cost of the lodging is the responsibility of the Client (or the venue) and will be provided at no expense to the DJ.
For events at a significant distance or requiring extensive travel, additional travel fees or mileage expenses may apply. Any such fees will be discussed with the Client in advance and clearly listed on the invoice or contract. The DJ will always strive to be upfront about any travel or lodging needs based on the event location.

 

9. Gratuity (Optional)

Any gratuity (tip) given to the DJ is completely optional and at the Client’s discretion. The Client is under no obligation to tip. However, a gratuity for excellent service is always appreciated by the DJ. If the Client chooses to provide a tip, it can be given directly to the DJ at the end of the event (common examples: cash, Venmo, etc.). Tips are not included in the contract price and are never required, but they are sincerely valued as a gesture of appreciation.

 

10. Liability, Damages & Safety

 The Client is responsible for any damage to the DJ’s equipment or property caused by the Client or the Client’s guests. This includes damage due to negligence, mishandling of equipment, or accidents (for example, spilled drinks on equipment or a guest knocking over a speaker). If repair or replacement is needed due to guest-caused damage, the Client may be billed for the cost.
The Client must provide a safe and stable environment for the DJ’s performance. All sets, stages, and equipment placement areas should be on stable, level ground. The area around the DJ setup should be kept free of hazards (e.g., no drinks on speakers, no crowding or roughhousing near the DJ table). The Client is responsible for crowd control and general safety at the event.
The DJ is responsible only for providing the music entertainment and maintaining the integrity of his own equipment. The DJ is not responsible for injuries, accidents, or property damage that may occur to the Client or the Client’s guests during the event, unless such harm is directly caused by the DJ’s gross negligence or willful misconduct.
If at any time the safety of any person or the safety of the DJ’s equipment is in jeopardy, the DJ reserves the right to lower the volume, temporarily pause the music, or take other appropriate measures until the situation is resolved. This includes situations like aggressive guest behavior, a dangerously crowded setup area, or other conditions that could lead to injury or equipment damage. Any lost performance time due to addressing safety concerns will not result in a refund or credit.

  

11. Backup DJ Clause

The scheduled DJ for this event is Dave D’Andrea, owner of Tidal Wave Dave Productions LLC. In the extremely unlikely event that Dave is unable to perform due to an emergency (such as serious illness, injury, or a situation like extreme weather preventing travel), Tidal Wave Dave Productions will make all efforts to provide a qualified replacement DJ to take over the event. Any replacement DJ will be a skilled and vetted professional who upholds the same standards and quality of performance. The Client will be informed as soon as possible in such a scenario, and the Client has the right to approve any proposed replacement DJ.

 

12. Weather & Outdoor Events

The Client understands that inclement weather can severely affect DJ equipment and safety. If adverse weather conditions (including but not limited to rain, snow, hail, high winds, or extreme temperatures) threaten the event, the DJ may delay or pause the performance until conditions are safe. This decision is typically made to protect sensitive electronic equipment and to ensure the safety of all guests and staff.
In the case of an outdoor event, if severe weather is forecast or suddenly occurs, the DJ reserves the right to relocate to an indoor or sheltered location (if one is available) or to halt performance until the weather improves. The Client should have an inclement weather plan or backup indoor location in place when planning outdoor events.
No refunds will be given for weather-related delays or interruptions in service, especially if the Client did not provide the required shelter or safe conditions for an outdoor event as outlined in Section 2. The DJ will make reasonable efforts to continue the performance once the weather issue is resolved or adequately mitigated.

  

13. Force Majeure

Neither party shall be liable for failure to meet their obligations under this Agreement if such failure is due to force majeure events beyond their control. Force majeure events include (but are not limited to) natural disasters (e.g., wildfires, floods, earthquakes), acts of government or legal authorities (e.g., government shutdowns, new COVID-19 restrictions), war, terrorism, epidemics or pandemics, sudden serious illness or death in the immediate family, venue closure, power outages, or other extraordinary events commonly known as “Acts of God.”
If a force majeure event occurs that makes it impossible or unsafe to hold the event or for the DJ to perform, any payments made by the Client (including the deposit) shall be handled as follows: the deposit remains non-refundable (as a date reservation and partial compensation for preparatory work already performed), and any additional payments will be addressed in good faith between the DJ and Client. Both parties agree to make a good-faith effort to reschedule the event to a later date if feasible. If rescheduling is not possible, neither party shall hold the other liable for the cancellation; however, the DJ shall retain the non-refundable deposit and the Client shall not be obligated to pay any remaining balance (unless the parties agree to apply the payments to a future event).

  

14. Dispute Resolution

In the event of any dispute or disagreement arising from this Agreement that the Parties cannot resolve through good-faith negotiation, the Parties agree to first attempt to resolve the matter through mediation. Mediation shall be conducted by a neutral third-party mediator agreeable to both Parties. If the dispute cannot be resolved through mediation and legal action is pursued, the prevailing party in any lawsuit or legal proceeding shall be entitled to recover its reasonable attorneys’ fees and court costs from the other party, in addition to any other relief to which that party may be entitled.

 

15. Severability & Binding Effect

 Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that specific provision will be severed from the Agreement. The remainder of the Agreement will remain in full force and effect, and the invalid provision will be replaced by a valid provision that comes closest to the intention of the Parties.
Binding Effect: This Agreement shall be binding upon and inure to the benefit of both the Client and Tidal Wave Dave Productions LLC, as well as their respective heirs, legal representatives, and successors. Each party represents that they have the full legal authority to enter into this Agreement and that doing so does not violate any other agreement to which they are a party.

 

16. Governing Law & Entire Agreement

 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action arising from this Agreement shall be filed in a court of competent jurisdiction within Colorado, unless otherwise agreed by the Parties.
Entire Agreement: This document (including any attached riders or addendums initialed by both Parties) constitutes the entire agreement between the Client and Tidal Wave Dave Productions LLC with respect to the services described. It supersedes all prior and contemporaneous agreements, understandings, promises, or discussions (whether oral or written) related to the DJ services for the Client’s event. Any modification or amendment to this Agreement must be in writing and signed by both the Client and the DJ to be valid and enforceable.

 

17. Acknowledgment & Signatures

By signing below, both Parties acknowledge that they have read, understood, and agree to all terms and conditions outlined in this DJ Services Contract.