Terms and Conditions
We are just like most people, we don't like fine print. Unfortunately running a business means you need to have some legal notices about what you do and how you want things protected available for the public to read. We suppose it's better to have this stuff than to get in trouble and spend all our time talking to lawyers instead of creating Amazing events for our clients.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our booking page where personally identifiable information may be requested and/or submitted.
The Information We Collect
This notice applies to all information collected or submitted on http://www.decodj.com website and/or related companies. The types of personal information collected at these pages are: Name, Address, Email, Phone number (etc.).
The Way We Use Your Information
We do not share your information with outside parties except to the extent necessary to complete your booking or event. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
How You Can Correct Your Information
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections.
Introduction to Deco DJs Terms and Conditions Contract Agreement
These "Terms and Conditions Contract Agreement" (sometimes referred to as this "Terms and Conditions Agreement" or "Agreement" or "Contract" or "Contract Agreement" or "Wedding Contract" or "Event Contract" or "Terms" or "Terms and Conditions") constitutes a legal contract agreement between you and Deco DJs. You are a customer ("Purchaser" or "Client") or will become a Purchaser or Client if you agree to our terms and conditions. The terms and conditions set in this contract agreement are for wedding services and/or event services and/or event production services and/or event lighting services set for the Purchaser or an individual purports, and has the legal authority, to accept these terms and conditions contract agreement on behalf of an employer or Purchaser, "you" refers to the employer or client. If not, "you" refers to the individual electronically signing hereon. You are responsible for assuring that all the terms and conditions of this contract agreement are complied with. By hiring Deco DJs, you will be agreeing to the terms and conditions of this contract agreement. Furthermore, signing our agreement and submitting your booking deposit, constitutes your "acceptance and/or electronically signing" of this terms and conditions contract agreement for all purposes under applicable law.
Deco DJs Terms and Conditions Agreement - Articles 1 (one) through 24 (twenty four)
1. DESCRIPTION OF SERVICES. The Purchaser hereby engages Deco DJs to provide entertainment services as a "mobile disc jockey DJ services" and/or "event production services" and/or "event lighting services". Service to be performed at the Purchasers selected venue hereinafter referred to as "Event Facility". 1(a) Deco DJs hereby agrees to provide "mobile disc jockey services and/or event lighting services and/or event production services" for the Purchaser. Deco DJs shall consist primarily of providing musical entertainment by means of a pre-recorded music format. 1(b) Deco DJs hereby agrees to render his professional services and is at all times to have complete control of his music, equipment and vehicle(s).
2. PERFORMANCE TIME. The parties hereby agree that Deco DJs shall provide services outlined in articles 1(one) through 24 (twenty-four) on the date(s) agreed in the proposal issued to the Purchaser by Deco DJs via email and time(s), "start time" to be determined by the Purchaser at a later date. Deco DJs will arrive at an appropriate time in advance of "start time" indicated above to allow for setup of equipment. Purchaser is not charged for this setup time.
3. CONSIDERATION/PERFORMANCE FEE. The Purchaser in consideration for services outlined within articles 1 (one) through 24 (twenty-four), and the mutual promises contained herein, hereby agrees to pay to the Deco DJs the following consideration herein referred to as "Performance Fee" or "Total Agreed Price" (Consideration for services) for Professional Disc Jockey (DJ) who will serve as the Master of Ceremony (MC) services hereinafter referred to as DJ or DJ/MC and/or event lighting services and/or event production services. The "Total Agreed Price" will be reflected on the agreement that was sent to the Purchaser via email by Deco DJs and accepted by the Purchaser prior to the Purchaser submitting any payment(s) and agreeing with these terms and conditions. Deco DJs will provide the Purchaser with professional grade sound equipment to include powered speakers, professional media players and professional sound mixer. Wireless and wired microphone system for introductions and speeches. Complete on-site second back-up sound system. 3(a) Lighting to illuminate the dance floor is included. 3(b) Other Services Included are unlimited e-mail and phone consultations. Customized music playlist selection and arrangement and "Do Not" playlist selection found in our on-line planner. 3(c) For event productions, service(s) and equipment(s) will be detailed in the event production proposal.
4. PAYMENT TERMS. In order to secure your event date(s) with Deco DJs, a "booking payment" equal to 50% of the total agreed price stated in the agreement that was sent to the Purchaser via email by Deco DJs, or any other amount agreed between Deco DJs and the Purchaser are required to secure your date with us. 4(a) The booking payment may be made via check or cash within three (3) calendar days after acceptance of the agreement. 4(b) BALANCE DUE. The residual net consideration of the "Total Agreed Price" shall be due on the date of performance in CASH ONLY (a paid in full receipt will be issued at that time via email). If the residual net is greater than $1000 (One Thousand), the residual net will be due 14 business days prior to the event date via check. The check must be mailed to 14881 SW 40 Terrace Miami, Florida 33185. The check must be made payable to Deco DJs. 4(c) ADDITIONAL PERFORMANCE TIME. Services requested that exceed the initially contracted time frame will be charged at the rate of $100 (one hundred dollars) per half-hour, payable the day of the engagement in CASH ONLY before the additional time begins. It may not always be possible to provide additional performance time. However, when feasible additional time will be granted. 4(d) Upon receipt of 50% of the total agreed price payment Deco DJs, will reserve agreed services and equipment for the date of event for Client. As such, unless otherwise specified herein, Deco DJs shall RETAIN CLIENT'S 50% OF THE TOTAL AGREED PRICE PAYMENT as a reasonable estimation of its damages hereunder if this Contract Agreement is not performed for any reason, including, but not limited to, the following circumstances: 1. The Client canceling this Contract Agreement and/or cancels the event. 2. The Client's failure to complete all the conditions precedent to Deco DJs obligations, as specified in this Contract Agreement. 3. Deco DJs inability to perform hereunder if its performance is impeded by matters outside of its control, including, but not limited to, fire, casualty, acts of God, local, state or federal regulations, inadequate crowd control or protection from environmental conditions. 4. If the Client fails to provide Deco DJs with all event planning documentation two weeks prior to the event date. 4(e) The Final balance for the event is due in full FOURTEEN (14) days prior to event date. If Client fails to pay the full amount due FOURTEEN (14) days prior to the Event date, Deco DJs reserves the right to cancel the event after notifying Client via email. In the event Deco DJs must commence collection procedures for any reason, Client agrees to pay the costs and expenses of the same, including, but not limited to, reasonable attorney's fees and office hours spent.
5. MICROPHONE(s). Total Agreed Price includes the use of one "wireless" hand-held microphone and one "wired" hand-held microphone used by DJ for introductions, toasts, announcements and/or speeches. If wedding ceremony music services are contracted for, use of an additional microphone is included for officiant use. Officiant must arrive 30 minutes prior to scheduled ceremony start time if officiant requests a sound check. Regardless, officiant must see DJ for fitting and adjusting of microphone prior to the start of ceremony. Purchaser hereby agrees to instruct any parties intending to use microphone(s) to view "Addendum A" (below/attached) to this terms and conditions contract agreement and to address any questions regarding its content to Deco DJs at least two weeks prior to the performance. For wedding ceremonies, please note that a "hand-held" wired or wireless microphone will be used. Deco DJs is not responsible for sound anomalies and/or feedback, noise resulting from the use of wireless or wired microphone during the use of such microphones for the wedding ceremony and wedding reception. For outdoors weddings Deco DJs is not responsible for wind noise of any other noise that may be hear by nature, animals or human. If more than 10% of rain is in the forecast, Deco DJs WILL NOT set up a wired or wireless microphone as a safety measure. Additionally, per FCC guidelines, all "wireless" microphones may encounter unwanted anomalies or be subject to malfunction due to EMI or RFI interference from military, commercial and consumer electronics equipment (including cell phones). Although rare, Deco DJs is not liable for losses resulting from sound anomalies, EMI or RFI interference. In addition, Deco DJs is not liable for any party's misuse or lack of working knowledge of the use of microphones. The FCC is currently evaluating use of wireless microphone systems, and their use and rules are subject to change. Purchaser acknowledges that Deco DJs is not liable or responsible for acts, errors or omissions of vendors, independent musicians and/or performing acts.
6. ADDITIONAL SOUND SYSTEM(S) FOR WEDDING SERVICES. Total Agreed Price indicated in article 3 includes a second sound system for the cocktail hour. 6(a) If wedding ceremony services are contracted, a third sound system and microphone will be provided.
7. †† PLANNING DOCUMENTATION and INTRODUCTIONS. All planning documentation will be provided by Deco DJs to the Purchaser after the booking payment is received. All planning documentation is to be 100% completed by the Purchaser and transmitted via email to Deco DJs at firstname.lastname@example.org 2 (two) week prior to wedding or event production date. If the planning documentation is NOT received, Deco DJs reserves the right to cancel the event production or wedding services, and the Purchaser understands and agrees that he or she will not be refunded any payments made to Deco DJs for their services. The Purchaser also agrees to make all payments as described in article 3 "Total Agreed Price" if the event is canceled by Deco DJs due to the Purchaser not submitting all planning documentation 2 (two) weeks prior to the wedding or event production date. Deco DJs is not responsible for losses, errors or omissions due to Purchaser's incomplete or misuse of planning documentation due to Purchaser's errors, omissions, misspelled, inaccurate, illegible or unintelligible information, or use of "non-standard" or "hand-written" documentation or documentation not forwarded per this article. Names and/or introductions are subject to the DJ's understanding of the pronunciation of the names being read. Deco DJs will do its best to ensure the all name(s) are pronounced correctly, however in rare occasions a name(s) might be pronounced incorrectly due to language and/or origin of the name(s). Deco DJs will not be held liable if a mistake is made during the pronunciation of any name(s) or introduction by the DJ/MC. If Purchaser request Deco DJs to project a Custom Monogram, all documentation (Letter(s) or Initial(s) and/or Names to be projected) must be submitted 2 weeks prior to the wedding or event date.
8. FORCE MAJEURE. Deco DJs shall not be liable for errors, omissions or loss of services due to power disruption and/or surges, computer viruses or digital audio equipment anomalies. Purchaser agrees that in all circumstances, Deco DJs liability shall be exclusively limited to an amount equal to the Total Agreed Price and that Deco DJs shall not be liable for indirect or consequential damages arising from any breach of contract. Purchaser also agrees and understands that the services provided by Deco DJs are not guaranteed, although we will do our best to entertain you and your guests, the level of satisfaction may vary. 8(a) It is understood that this is a "Rain or Shine" event. Deco DJs compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area (see provision "† SAFETY" below). Deco DJs reserves the right, in good faith, to stop or cancel performance should weather or other circumstances pose a potential danger to him, his equipment, vehicle(s), audience or attendees. In this instance, every effort will be made to continue the performance. However, safety is paramount in all decisions. The Purchaser also agrees that he or she will be responsible for the behavior of their guest(s)/family members. If at any time Deco DJs feel threaten or in fear of their lives by the Purchaser or any guest(s)/family member(s) of the Purchaser, or any of Deco DJs property or related/associated vendors property is damaged or about to be damaged, Deco DJs reserve the right to stop performing and will terminate the wedding or event at that point. Deco DJs compensation or Total Agreed Price will not be affected by termination, postponements, delays or cancellation caused by acts of God, inclement weather, termination of the wedding or event by Deco DJs or cancellation of the wedding or event. In the event Deco DJs is unable to provide agreed service due to accident, equipment failure or otherwise, Deco DJs shall use its best efforts to find qualified replacement staff and/or equipment. In the event Deco DJs is unable to locate a replacement staff and/or replacement equipment, and therefore fails to provide agreed service, Client's deposit and all payments made by Client shall be refunded within the thirty (30) days following notification of Deco DJs cancellation. Notwithstanding any provision to the contrary, the parties agree that the total liability to Deco DJs and its employees and consultants, for all losses, damages, costs, expenses, including attorney's fees, shall not exceed the aggregate amount paid to Deco DJs under this Contract Agreement (refund of client's deposit and all payments made by Client) for Deco DJs failure to perform, regardless of the legal theory under which such liability may be imposed. In no event shall Deco DJs be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of anticipated profits or revenue.
9. RIGHTS OF RESCISSION. The Purchaser hereby acknowledges a 3 (three) business days right of rescission from the date and time the Booking Payment is made and received by Deco DJs. Any rescission must be received by email and will be bound by the date and time the email was received. After this rescission period the Booking Payment is non-refundable if event is cancelled by the Purchaser. If Purchaser fails to provide Deco DJs with cancellation notification via email before 3 (three) business days, Purchaser will be legally obligated and agrees for payment in full ("Total Agreed Price" from article 3) per the terms and conditions contract agreement to Deco DJs regardless of any services provided. If Deco DJs cancels the engagement, a full refund to the Purchaser will be made. Any refundable amounts will be subject to deductions equal to amounts incurred for expenses under the direction or request of the Purchaser. The Purchaser agrees that the terms and conditions contract agreement is not subject to cancellation unless Deco DJs has agreed to such cancellation in email form. In the event the Purchaser breaches any terms and conditions set in this agreement, or decides after 3 (three) business days the Booking Payment is received to cancel the services with Deco DJs, he or she shall pay Deco DJs the amount set forth above as "Total Agreed Price" (article 3) as liquidated damages, 6% interest thereon, plus reasonable attorney's fee and court cost.
10. CANCELLATION OR POSTPONEMENT. If Purchaser cancels or postpones event, Purchaser shall notify Deco DJs by "email" immediately upon cancellation or postponement within 3 (three) business days from the time the Booking Payment was submitted and received by Deco DJs. Purchaser's failure to provide notification will result in Purchaser's liability for payment in full ("Total Agreed Price" from article 3 and per the terms and conditions contract agreement) to Deco DJs regardless of any services provided. Purchaser further acknowledges that the Total Agreed Price from article 3 is non-refundable if Purchaser cancels or postpones event or if Deco DJs is unable to reschedule services due to Deco DJs obligations with pre-existing events. If the Purchaser postpones an event as a result of personal hardship (proof of personal hardship must be presented in writing to Deco DJs at time of rescheduling) and Purchaser immediately notifies Deco DJs upon hardship occurrence, Purchaser shall have first right to reschedule event with any available booking dates remaining in Deco DJs calendar if rescheduled event is held within the normal service area of a 50 mile radius of Miami, Florida. If Purchaser reschedules a postponed event Purchaser agrees to pay a non-refundable $400 "rescheduling fee" to Deco DJs immediately upon rescheduling.
11. NON-PAYMENT. In the event of non-payment, Deco DJs retains the right to attempt to collect through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Deco DJs. Deco DJs will not perform the day of the scheduled performance date if any of the terms set in this contract are violated by the Purchaser.
12. CONFIDENTIALITY. No performance shall be recorded, reproduced, disseminated or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Deco DJs relating to and permitting such recording, reproduction, or transmission as many arrangements, mixes, edits and remastered recordings are the unique, proprietary property of Deco DJs. Pictures, digital images and videotape of the event are permitted for the private use of the contracting party only and no license for public dissemination or sale is granted. 12(a) Purchaser will not at any time either directly or indirectly relay, sell, divulge, disclose, publish, post or communicate in any manner any information that is proprietary to Deco DJs or any details or circumstances resulting from or pertaining to this business relationship and Deco DJs performance. Purchaser will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Purchaser will return to Deco DJs all records, notes, documentation and other items that were used, created, or controlled by Purchaser during the term of this agreement.
13. † SAFETY. The Client agrees to provide sufficient electricity for Deco DJs equipment and is responsible for any electrical charges incurred. For outdoors events the client is responsible to provide Deco DJs with sufficient shelter to cover all equipment. If the provided shelter is not sufficient to cover all equipment due to rain or rain brought by wind, Deco DJs reserves the right to stop playing music and/or performing. Due to electrical hazard and equipment damage, if the weather forecast on the day before the event calls for more than 10% chance of rain, the Purchaser agrees that Deco DJs will only set-up their sound and lighting equipment indoors. Purchaser shall provide Deco DJs with safe and appropriate working conditions including a minimum of 12-foot by 10-foot above covered area for setup, space for setting up speakers and lighting stands. Deco DJs requires a minimum of one 20-amp circuit outlet per sound system from a reliable power source within 50 feet (along a wall) of the setup area per sound system. This circuit must be free of all other connected loads (especially loads from lighting, landscape lighting, pool and/or spa equipment, microwave ovens, appliances with electric heating elements and coffee makers). Any delay of the performance or damage to Deco DJs equipment due to improper power is the responsibility of the Purchaser. An additional comparable 20-amp outlet on separate circuit for dance floor lighting (if contracted for) is required. Total output wattage(s) of sound equipment shall be determined by Deco DJs depending upon event, environment, attendance and venue. Purchaser shall provide crowd control if warranted; and furnish directions to place of engagement. Purchaser is responsible for paying any charges imposed by the venue. These charges include, but are not limited to parking, use of electric power, and for marshal if necessary. 13(a) Deco DJs shall be allowed to set-up, operate equipment and perform in an area that allows full eye-contact with guest(s) of honor and in full site of all activities. If this provision is not feasible, Deco DJs makes no guarantees as to the outcome or quality of performance of any specific activity where full visual cues are essential for optimal performance. 13(b) Deco DJs recommends that audio and lighting equipment including electronics and speakers are permitted to be setup directly adjacent to dance floor. Deco DJs recommends this setup since projecting sound across rooms, walkways, open spaces and areas where attendees are seated, walking or lingering requires higher volume levels to reach the dance floor area and therefore may expose guests to extreme sound levels. These high levels can produce uncomfortable and sometimes hazardous conditions. If this recommended setup is not permitted or feasible Purchaser assumes all liability resulting from physical injuries due to extreme sound levels. 13(c) Unless specific instructions for placement location of equipment are not given at least 24 hours in advance of performance by the Purchaser or event coordinator, Deco DJs will, on the day of performance, assess the venue, electrical loads, location of and number of guests and dance floor location. Deco DJs will then setup where he deems is the best location to deliver performance. If Deco DJs is subsequently asked to tear down, reposition and/or relocate equipment an additional fee of $200 per relocation will be assessed by Deco DJs payable prior to performance in cash (a receipt will be issued at that time). In addition, Deco DJs is not responsible for consequential time delays. 13(d) Deco DJs requires paved surfaces and/or ramp or elevator access between parking/service entrance and the setup area for loading and unloading of equipment. Purchaser is required to disclose the presence of any stairs, steps unpaved and/or grassy areas required to be encountered during setup or tear-down. If these areas are not disclosed or if equipment must be carried up stairs, steps, lifted onto transference vehicle(s), lifted onto a stage or across unpaved and/or grassy areas to reach the setup area, additional labor will be charged at the rate of $100 (one hundred dollars). If Purchaser or Event Facility requires Deco DJs to complete setup or tare-down in less than one hour, or to postpone tear-down one hour or more after the indicated end of performance time (per article 2), the additional time will be charged at the rate of $50 (fifty dollars) per half-hour. 13(e) In the event of circumstances deemed to present a physical or implied threat of damage, electrocution, injury, harm or defamation of character to Deco DJs person, staff or equipment including vehicle and equipment trailer or if the interpretation of a weather satellite image and/or weather radar map indicates adverse imminent weather that can cause damage, electrocution, injury or harm of any kind, Deco DJs reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 30 minutes) Deco DJs 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 the Deco DJs resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Deco DJs reserves the right to deny any guest access to the sound system, music recordings, or other equipment. 13(f) When performance time outlined in "article 2" coincides with a weather forecast predicted to exceed "90 degrees Fahrenheit" in temperature and if Deco DJs has agreed herein to an "outdoor performance," Purchaser shall be responsible for providing shade and/or shelter from sunlight for the benefit of Deco DJs. This provision shall be dictated by the weather forecast published by weather.com on the date of performance. 13(g) Deco DJs is not liable for performance delays due to unforeseen parking or traffic restrictions, problems or issues. Deco DJs shall be granted parking of vehicle plus one attached 5X8' enclosed trailer no further than 500 feet from the performance site to allow for equipment transfer, storage, loading, unloading, troubleshooting and technical and/or mechanical problem resolution. Purchaser understands that parking, loading and unloading areas may differ and Deco DJs shall be allowed to relocate vehicle and attached trailer as necessary. Unless specific instructions for location of vehicle and attached trailer are not given at least 24 hours in advance of performance by the Purchaser, facility management or event coordinator, Deco DJs will, on the day of performance, assess the venue and park vehicle and attached trailer where he deems is most strategic, advantageous and appropriate. If Deco DJs is subsequently asked to relocate or re-park vehicle and attached trailer an additional fee of $100 per relocation will be assessed by Deco DJs payable prior to performance in cash (a receipt will be issued at that time via email). In addition, Deco DJs is not responsible for consequential time delays. 13(h) Purchaser agrees that Deco DJs shall not transfer or grant control, care or possession of vehicle(s), property or equipment to any valet, employee, vendor, representative, family member, acquaintance, guest or associate. 13(i) While Deco DJs is performing at outdoor events, Purchaser agrees to turn off and/or disarm any automatic sprinkler, irrigation or landscape watering devices or to personally direct the proper, authorized event facility personnel to do so since these devices may cause equipment damage, malfunction, personal injury, electrocution or death.
14. PERSONAL DAMAGES. Purchaser shall be held liable for any injury or damages to the DJ/MC (person) or Deco DJs staff or property of the Deco DJs if injuries and/or damages are intentionally, accidentally or negligently caused by Purchaser, guest(s), associates, invitees, employees, vendors, event facility staff or any others in attendance, whether invited or not. 14(a) Purchaser understands and agrees that all other insurance coverage's and/or indemnifications are the sole responsibility of the Purchaser. Purchaser and their guests, acquaintances, representatives and family members will hold Deco DJs harmless due to injury and/or losses.
15. CONTROL OF PERFORMANCE. All planning documentation must be received from the Purchaser and forwarded to Deco DJs (2) two weeks prior to the date of performance in order to be included in Deco DJs programming guidelines and/or planning documentation (††) and to provide a programming and performance format for Deco DJs to abide by. The Purchaser shall then at all times have complete control, direction, and supervision of the performance of Deco DJs at this engagement, and Purchaser expressly reserves the right to control the manner, means and details of the performance of Deco DJs. Control of performance is limited to "creative performance" and no physical license or control is granted. With or without the aid of event planning documentation Deco DJs shall attempt to play Purchaser's and Purchaser's guests' music requests; however, shall not be held responsible if certain music tracks are unavailable or are otherwise illegal to obtain pursuant to Copyright Law. Deco DJs will make an extra effort to have music requests available if they are received in writing at least two weeks prior to the engagement. Purchaser certifies that all entertainment permits for event are up to date and agrees to show Deco DJs on demand copies thereof. Purchaser hereby agrees to view and to instruct any party intending to use microphone(s) to view addendum "A" (below/attached) to this contract. 15(a) Deco DJs shall make every attempt to reproduce pre-recorded material as acoustically accurate, linear or "true-to-life" as is technologically possible, however, Purchaser acknowledges that Deco DJs performance shall primarily be governed according to the direction of the Event Facility's management and/or the direction of local authorities (including police agencies) or ordinance in regards to equipment placement, volume, dynamic and tonal characteristics of music. 15(b) Police authorities have the right and power to confiscate Deco DJs equipment without return or reimbursement due to any offense pertaining to local, state or government ordinance and/or law. If police or other authority having legal jurisdiction state verbally or in writing that they will confiscate Deco DJs equipment due to the necessitation of their return to location regarding any ordinance, this threat shall be interpreted by the Deco DJs as an order to cease performance in its entirety. Deco DJs compensation will not be affected by postponements, delays or cancellation caused by such circumstances. 15(c) Deco DJs is not liable for any venue, outside vendors' or services' acts, errors, omissions, interpretation, presentation, representation of audio or audio and/or video recordings of Deco DJs performance. In addition, Deco DJs is not liable for any parties', vendors' or Event Facility's audio and/or video equipment's performance, misuse, misrepresentation, failure, incompatibility or inadequacy.
16. RIGHT TO CHANGE AND/OR SUBSTITUTE AND/OR DELETE SERVICES AND/OR EQUIPMENT. DECO DJS OR PERSON(S) RELATED TO DECO DJS RESERVES THE RIGHT TO CHANGE AND/OR SUBSTITUTE AND/OR DELETE ANY OF THE ABOVE MENTIONED EQUIPMENT, SERVICES, DISC JOCKEY(S), DJ/MC, MUSIC SELECTION, WEDDING TIMELINE, PLANNING DOCUMENTATION IN PERSON VERBAL AGREEMENT AND/OR IN EMAIL AGREEMENT AND/OR IN WRITING AGREEMENT ANY SERVICES PROVIDED BY DECO DJS OR ANYONE ASSOCIATE WITH DECO DJS WITHOUT NOTICE. BY SIGNING OUR AGREEMENT AND SUBMITTING THE BOOKING DEPOSIT, THE PURCHASER OR PERSON(S) ACTING ON BEHALF OF THE PURCHASER AGREE WITH THE TERMS AND CONDITIONS SET IN THIS AGREEMENT. THE PURCHASER OR PERSON(S) ACTING ON BEHALF OF THE PURCHASER, RELEASE AND/OR BE FREE DECO DJS OR ANY PERSON(S)/EMPLOYEE OR CONTRACTED BUSINESSES THAT WILL PERFORM OR PROVIDE A SERVICE(S) AT YOUR WEDDING OR EVENT ASSOCIATED WITH DECO DJS OF ANY LIABILITY OR CIVIL LAWSUIT THAT MAY ARISE IN THE FUTURE AS A RESULT OF THE PURCHASER OR PERSON(S) ACTING ON BEHALF OF THE PURCHASER NOT BEING SATISFIED WITH THE EQUIPMENT, SERVICES, MUSIC, PERFORMANCE OR ANY OTHER REASON OR SERVICES RELATED TO YOUR WEDDING OR EVENT PRODUCTION.
17. WARRANTY. This agreement warrants that Deco DJs will be ready to perform at the start time of the engagement. No guarantee is made as to Deco DJs time of arrival, however. Deco DJs requests that they be permitted at least three (3) hours before the engagement and three (3) hours after the engagement for setup and take-down. Deco DJs requires ramp or elevator access between parking/service entrance and the setup area. If the event requires setup or take-down in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50 (fifty dollars). If Purchaser or Event Facility requires Deco DJs to complete setup more than three (3) hours before start time, or to postpone take-down more than three (3) hours after the time indicated, the additional time will be charged at the rate of $50 (fifty dollars) per half-hour to the Purchaser.
18. EXECUTION OF CONTRACT AGREEMENT. By executing this contract as Purchaser, 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. Should he or she not have such authority, he or she shall personally assume full responsibility and liability under the terms of this contract agreement. 18(a) The electronic signature must capture and preserve the signer's intent, consent, understanding, or responsibility related to the terms and conditions set by Deco DJs that is being agreed to. The entire process to electronically agree to the terms and conditions contract agreement accomplished this requirement (see below section "Electronic Signature Agreement"). In order to accept this contract agreement, you must SIGN our agreement and mail it back to us at Deco DJs 14881 SW 40 Ter. Miami, Florida 33185. You further consent to the understanding of your intent when you acknowledge your intent to sign the document by typing your name or signing your name or printing your name in the agreement.
19. RIDERS AND ADDENDUM'S. All attached riders and addendum's are an integral part of this contract. This contract supersedes all other contracts. If any part of this contract is deemed illegal or unenforceable in a court of law, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between parties and no statement, promises, or inducements made by any 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.
20. INDEMNIFICATION. Purchaser agrees to defend, indemnify, assume liability for and hold Deco DJs or any staff member associated with Deco DJs harmless from any claims, damages, losses, and expenses arising from losses incurred by or to any person or property regardless of the basis, which pertain directly or indirectly to Deco DJs performance. Purchaser and their guests, acquaintances, representatives and family members will hold Deco DJs or any staff member associated with Deco DJs harmless from any legal action and will not engage in slander or libel due to injury and/or losses. In the event that a civil action arises in an effort to enforce any provision of this agreement, the Purchaser shall pay the attorney's fee and court costs for Deco DJs. Purchaser may not transfer this contract to another party without the prior written consent of Deco DJs.
21. CONSTITUTION OF LEGAL BINDING AGREEMENT/SEVERABILITY. These terms and conditions are not binding until the agreement is signed by the Purchaser (Deco DJs electronic signature can be located at the bottom of these terms and conditions and agreement). Any changes must be emailed to Deco DJs. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
22. WAIVING OF RIGHTS OPTIONS. Deco DJs may elect not to exercise their rights as specified in this agreement. By doing so, Deco DJs does not waive their right to exercise those options at a future date.
23. GOVERNING AUTHORITY. The laws of the State of Florida shall govern this contract agreement. In the event of lawsuit involving or relating to this contract agreement, Purchaser agrees that the venue will be in jurisdiction limits of Miami-Dade County.
24. PROMISE. By signing the agreement, the Purchaser hereto promise to abide by the terms and conditions of this contract agreement and intend to be legally bound thereby.
(end of Terms and Conditions Agreement - Articles 1 through 24)
Electronic Signature Agreement
The Electronic Signatures in Global and National Commerce Act (ESIGN) (Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Since then, online electronic signatures on commercial transactions and most other agreements have a legal status equivalent to a written signature.
(a) The signature must be unique to the person using it. Electronic signatures meet this requirement by prompting individuals to perform an action that is unique to them, such as entering a private password each time that they electronically sign a document. Requiring the individual to enter information, such as a password, that is only known by him or her increases the reliability that the individual consented to certain policy provisions. This is accomplished via your e-mail address. Your e-mail address is unique, but it is not only known to you. However, your password to receive your e-mail is unique and known only to you. Requiring you to acknowledge your signature through an e-mail that only you can access satisfies this requirement.
(b) The signature must be verifiable. Electronic signatures meet this requirement by associating a person's private password in a secure manner to the information they provided for identification. The electronic signature is then verifiable as coming from the person who electronically signed the document. This is again accomplished via your e-mail account and the process to sign the document.
(c) The signature must be under the sole control of the person using it. Electronic signatures meet this requirement in two ways. First, before a person may electronically sign a document, he or she must enter something that is known only by that individual, such as a private password. Second, the individual also has control over the computer file which contains the application, including the electronic signatures. Again, your electronic signature via e-mail satisfies this requirement because the document is not signed until you acknowledge your intent via an e-mail you receive that only you have access to receive.
(d) The electronic signature must capture and preserve the signer's intent, consent, understanding, or responsibility related to the terms and conditions contract agreement set by Deco DJs that is being agreed to. The entire process to electronically agree to the terms and conditions contract agreement accomplished this requirement. In order to accept this contract agreement, you must acknowledge your intent to sign by clicking on the SUBMIT button fond in Deco DJs website under the "contact" page and by signing the agreement. You further consent to the understanding of your intent when you acknowledge your intent to sign the agreement by typing and signing your name.
(end of electronic signature agreement)
Deco DJs Addendum "A" Use of Microphones
Addressing a microphone: Speak directly and "straight-on" into microphones as illustrated at right. The recommended distance from your mouth to the tip of the microphone is within 6 inches of it. This is important to maximize the efficiency of the microphone and to make your voice sound better. Sounds can bounce off of surrounding walls, surfaces and especially from the voices of guests and environmental noises. Please instruct your guests who will use the microphone to do the same. Remember, that it is human nature to not like the sound of your own voice through a sound system so many people who are not accustomed to using microphones usually pull them away from their mouth (increasing the distance between the microphone and your mouth is the wrong thing to do). Let your sound-man regulate the volume. Please follow these guidelines to avoid audio problems and to assure that guests will hear you optimally.
A) For weddings we recommend one "large diaphragm, directional, Wireless or Wired" microphone that is placed upon a stand. These stands can be placed off to the side so that they minimize their view in pictures and allow the users to speak "hands-free."
B) Movements of any kind in a "live" sound environment can cause additional unwanted noise.
(Note: Additional microphones on stands can be utilized for additional vocalists, musicians, prayers, etc. Please inform Deco DJs of these requests when booking your services so that accommodations can be made.)
C) Avoiding speakers: Try to keep the microphone away from the speakers. A problem known as "feedback" (a loud "squeal" or "woof") is irritating to most guests and this happens when someone is too close to the speakers. The sound system is attempting to replicate itself infinitely and your guests will not like this effect. When coming up to the front of the room to make announcements, speeches, toasts, etc. avoid standing directly in front of speakers.
D) NEVER tap on a microphone, remove microphone from its mounting clip or attempt to readjust the microphone height or angle during a live event. (This is the importance of arriving early to get a sound check performed and to have the microphone adjusted for you) It may be funny or quirky in the movies but the truth is it can cause hearing damage to your guests, create uncomfortable and unwanted sounds and damage to the speakers of the sound system. Keep all contact with microphones and adjustments to an absolute minimum as contact and/or adjustment creates unwanted noise. Remember, the person who contracted DJ Services is contractually and financially responsible for equipment failures due to misuse by you or your/their guests.
E) Volume: Do not attempt to estimate or govern the sound of your microphone as the amount of volume that you are experiencing will differ greatly from the volume that your audience perceives. Try to maintain the absolute loudest volume that you can achieve and allow Deco DJs to regulate the volume to the audience.
(end of addendum "A")
If you have questions about any of this or something that's not covered here, please Contact Us.