TERMS AND CONDITIONS
The Parties Hereto Agree That:
1. RETAINER FEE- The $200.00 Retainer Fee is Non-Refundable
2. BALANCE DUE- The balance of the contract is due 14 days prior to commencement of the services herein contracted on the date of the engagement. Payment MUST Be Made in the Form of Cash, Check (a personal check must be cleared 14 days before the event), Cashier’s Check, or Credit Card (There is a 3% processing fee added to all Credit Card payments). If payment must be paid the night of, Cash is the only acceptable payment option.
3. CANCELLATION OF ENGAGEMENT- All notices of cancellation of the engagement must be received no less than one month. In the event notice of cancellation is within a month of the engagement, a penalty of fifty percent (50%) of the total amount due under this contract will be immediately due and payable. If cancellation is within two weeks, the full (100%) of the amount due under this contract will be immediately due and payable.
4. REQUESTS- Smokey Mountain Sounds will accept thirty to forty specific music requests prior to the date of the engagement. These music choices must be clean and appropriate family-oriented music any requests beyond that is at the sole discretion of the Disc Jockey.
5. LIABILITY- Any loss or damage to equipment or injury to the Disc Jockey caused by contracting party or guests, invitees, or agents of contracting party or contracting party’s failure to comply with the terms of agreement, shall be the sole responsibility of the contracting party.
6. OUTSIDE FUNCTIONS- In the event the location of the engagement is to occur in a location other than inside a building, the contracting party agrees to provide adequate protection for Smokey Mountain Sounds’ equipment and staff.
7. LIGHTING- In the event up-lighting is to be supplied by Smokey Mountain Sounds, contracting party agrees to make sure the facility has adequate outlets placed throughout the venue in order for the enhancement of up-lighting to be achieved.
8. INDEMNIFICATION- Contracting party agrees to indemnify and hold Smokey Mountain Sounds, its employees and agents harmless from any and all demands, causes of action, claims, penalties, costs of whatsoever kind or nature, including attorney’s fees, which result from the use or presence of Smokey Mountain Sounds’ equipment at the location site. The indemnities contained in this agreement shall continue in full force and effect notwithstanding the termination of this agreement whether by expiration of time, by operation of law or otherwise.
9. LIABILITY- Smokey Mountain Sounds’ liability under the contract for any acts which arise from the performance or non-performance of the terms and conditions herein shall be limited to the amount of this contract. No other remedies will be available to contracting party.
10. RIGHT TO ACCESS- In the event the contracting party refuses to return the equipment, Smokey Mountain Sounds shall have the right to enter the premises in which the equipment is located, forcibly if necessary, and take possession of and remove equipment without legal process and contracting party releases Smokey Mountain Sounds from any claims or right of action for trespass or damages caused by reason of such entry and removal.
11. NON-PERFORMANCE- Smokey Mountain Sounds shall not be liable for failure to perform under this contract due to acts beyond its control.
12. JOINT LIABLILITY- In the event this contract is signed by more than one contracting party, their liability under this contract shall be joint and several.
13. CONFLICT OF LAWS- This Agreement shall be governed by the laws of the State of Tennessee
14. PERMISSIONS- The contracting party agrees that Smokey Mountain Sounds is able to take and/or receive photos of the event and can use them for Facebook, their website, or other advertising opportunities that may arise as long as Smokey Mountain Sounds gives credit to the photographer.
14. ENTIRE AGREEMENT- This Agreement represents the entire agreement and understanding of the parties hereto and all prior concurrent agreements, understandings, representations and warranties, whether written or oral, in regard to the subject matter hereof, are and have been merged herein.