1) The Purchaser shall at all times have complete control, direction, and supervision of the services by Thump Sound at this engagement and Purchaser expressly reserves the right to control the manner, means, and details of the performance of the services by Thump Sound. Thump Sound must receive a written event/music planner or music request list at least two weeks prior to the date of the engagement for it to be included in Thump Sound's programming guidelines. With or without the aid of an event/music planner or music request list, Thump Sound shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. 2) This Agreement of Thump Sound to perform shall be excused by detention of personnel by sickness, accidents, riots, strikes, epidemics, acts of God, Force Majure or any other legitimate condition beyond Thump Sound's control. If such circumstances arise, all reasonable efforts will be made by Thump Sound to find replacement entertainment at the agreed upon fees. Should Thump Sound be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, Thump Sound's liability shall be exclusively limited to an amount equal to the performance fee and that Thump Sound shall not be liable for indirect or consequential damages arising from any breach of contract. 3) In the event of Non-Payment, Thump Sound retains the right to attempt collection through the Alameda County/Contra Costa County courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Thump Sound. Purchaser shall be charged $25.00 for each bounced check plus a $10.00 service charge for each collection notice. 4) The amount agreed upon and shown in this agreement applies to the performance times set forth in this agreement. Performance time added after this agreement will be provided at the rate of $65 per half-hour. Overtime is billed in half-hour increments. There is a 10-minute grace period before overtime is incurred for any half-hour period. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated. This agreement guarantees that Thump Sound will be ready to perform at the start time of the engagement. No guarantee is made as to Thump Sound's time of arrival; however, Thump Sound requests that they be permitted 120 minutes before the engagement and 60 minutes after the engagement for setup and take down. If the venue requires setup or take down in less time, or if the equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the a rate of $30. If Purchaser or venue requires Thump Sound to complete setup more than a 1/2 hour before the start time indicated on this agreement, or to postpone take down more than 1/2 hour after the end time indicated in this agreement, the additional time will be charged at the rate of $20.00 per half-hour. 5) Purchaser will take steps to protect Thump Sound's equipment, music, and personnel during the contracted period. Any damages incurred due to a lack of reasonable protection on your part (except in the case of gross negligence on the part of Thump Sound) will be payable by the Purchaser to the extent of repair or replacement of damaged music and equipment, and all costs of medical treatment. In the event of circumstances deemed by Thump Sound to a present threat, or implied threat of injury or harm to Thump Sound's staff or any equipment in Thump Sound's possession, Thump sound 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), Thump Sound 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 Thump Sound resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Thump Sound reserves the right to deny any guest access to the sound system, music recordings , or other equipment. 6) This agreement cannot be canceled except by mutual written consent of both the Purchaser and Thump Sound. If agreement cancellation is initiated by the Purchaser in writing, and agreed to by Thump Sound in writing, Purchaser will be required to pay only 50% or 1/2 of the total fee agreed upon. Otherwise Purchaser shall be obligated to make full payment of the total fee agreed upon. 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, Fire Marshal (for use of fog) , time before and after the engagement utilized by Thump Sound for setting up and taking down equipment. 7) Purchaser shall provide Thump Sound with safe and appropriate working conditions, such as providing a 15 foot by 8 foot area for Thump Sound's main setup, space for setting up speakers and lighting stands, at least 2-3 circuits of 120-volt (3 prong grounded with at least 25 amps) from a reliable power source within 50 feet of the setup area; providing a facility that completely covers and protects Thump Sound's equipment from adverse weather conditions (i.e........, direct sunlight, rain, excessive winds); providing crowd control if warranted; and furnishing directions to place of engagement and free parking. Purchaser accepts full responsibility and is liable for any damages, injuries, or delays that occur as a result of failure to comply with this provision. 10) Purchaser may not transfer this contract to another party without the prior written consent of Thump Sound. This agreement is not binding until received and signed by Thump Sound. Any Change must be written and signed by both the Purchaser and Thump Sound. Oral agreements are non-binding. |