Ocean Sound Entertainment - Mobile Disco for all Occasions

Terms and Conditions of Contract

1. Confirming the booking

Confirmation:

I) 'Confirmation' will mean any verbal, electronic or written acceptance of this booking by the 'client' and “Ocean Sound Entertainment”.

II) All bookings take effect immediately upon “confirmation”.

III) Non-signature/non-return of contract is not sufficient to cancel the booking or acceptance of these terms.

IV) Upon “confirmation” of the booking, “Ocean Sound Entertainment” will issue a contract to the “client” for signature and this must be returned within 7 working days. “Ocean Sound Entertainment” will store the signed contract(s) for safe keeping (copies available on request) for a period up to and including the date of the event, and for eighteen months after the event.


2. Changes to contract

The agreed booking fees may be subject to change (in agreement with both the “client” and “Ocean Sound Entertainment”) if any details on the contract are altered. All changes to the contract must be arranged & agreed by “Ocean Sound Entertainment” in advance of the event.


3. Payment of Fees

I) The agreed 30% booking deposit is due strictly with the receipt of the contract. Deposit can be paid by cheque, credit card/ debit card or Paypal (Credit/ Debit card and Paypal payments can be made via “Ocean Sound Entertainment’s” website: www.oceansounduk.com).

II) Unless otherwise agreed by “Ocean Sound Entertainment”, full balance of the booking fee is payable to “Ocean Sound Entertainment” in cash on the day of the event and before commencement of the performance.

III) “Ocean Sound Entertainment” will only accept a cheque payment for the full balance of the booking fee in no less than 14 days before the event is due to take place. Cheques should be made payable to “J S Castel”.

IV) Credit/ Debit card and Paypal payments for the full balance of the booking fee must be made no less than 7 days before the event is due to take place.


4. Cancellations

Cancellation by the “client”:

Cancellation by the “client” is not allowed for any reason except circumstances covered by “Force Majeure” (see clause 11.) In the event that the “client” cancels the booking, the “client” agrees to inform “Ocean Sound Entertainment” immediately.

I) Cancellation by the “client” within 48 hours of confirmation will result in the loss of any deposit paid but will not carry a cancellation fee unless the event date is within the following 7 days, in which case the full booking fee will be due.

II) Cancellation by the “client” after 48 hours of confirmation and up to 90 days from the event will result in loss of deposit and 50% of the remaining balance will be payable by the “client” to “Ocean Sound Entertainment” within 14 days.

III) Cancellation by the “client” within 90 and up to 60 days before the event will result in loss of any deposit and 75% of the remaining balance will be payable by the “client” to “Ocean Sound Entertainment” within 14 days.

IV) Cancellation by the “client” within 30 days of the event will result in loss of deposit and 100% of the remaining balance will be payable by the “client” to “Ocean Sound Entertainment” within 14 days. In the unlikely event that “Ocean Sound Entertainment” cancels the booking, “Ocean Sound Entertainment” agrees to inform the “client” of the cancellation and make all reasonable attempts to find a suitable replacement “artist” of similar standard and style, at no extra cost to the “client”. Should a suitable replacement not be found, “Ocean Sound Entertainment” agrees to refund the “client” their deposit plus any other booking fees already paid in advance. There will be no refund given to the “client” against the booking deposit already paid, if a replacement “artist” of similar value can be arranged by “Ocean Sound Entertainment” and agreed by the “client”. However, should a replacement “artist” charge a much lower fee, the “client” will be refunded a proportionate amount of their booking fee if they have made a payment above the deposit fee and the replacement artist will be due their usual fee should a replacement “artist” charge a much higher fee, the “client” will be liable for any extra charge that may be incurred. Where possible, the “client” and “artist” will be contacted to agree this in advance.


5. Changes on the day

Where possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed & agreed with “Ocean Sound Entertainment”. Should this not be possible, changes are to be agreed between the “client” and the “DJ” prior to performance. Any changes will be subject to these terms and conditions. Changes negotiated between the “client” and the “DJ” on the day of the event and any extra fees are agreed upon the “client” must pay these extra fees along with the remaining balance of the booking fee.


6. Expenses

If the “client” has agreed to cover additional expenses incurred by the “DJ” (such as taxis, food, hotel, flights etc) “Ocean Sound Entertainment” will provide receipts and an invoice to the “client” within 60 days after the event. The “client” must reimburse all expenses to “Ocean Sound Entertainment” within 28 days of invoice.


7. “Ocean Sound Entertainment’s” service guarantee

I) The “DJ” agrees to provide a performance that is to the best of their ability, and reflects the likeness of the “DJ” show, as known to and as advertised to the “client” via distribution of the “DJ” demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The “DJ” will make every effort to ensure their performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.

II) The “DJ” agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the “client” or a third party. It is the “DJ’s” responsibility to ensure the good working order & safety of the equipment, and to obtain all necessary insurances & certification.

III) The “DJ” agrees that their fee is inclusive of all expenses (except those that have been itemised or accounted for separately ), travelling expenses to and from the venue, VAT, tax, N.I. etc and covers any payments whatsoever due to other members.

IV) The “DJ” will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.

V) The “DJ” will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, “Ocean Sound Entertainment”, or the “client”.

The adjustment of the volume and sound level of any equipment shall be as the “client” reasonably requires.


8. “DJ” equipment

It is agreed by the “client” and the “DJ” that the equipment and instruments of the “DJ” are not available for use by other performers or persons except by specific permission of the “artist”.


9. Public Liability Insurance Cover

“Ocean Sound Entertainment” will provide “Public Liability Insurance” (PLI) cover with a limit of indemnity of £10,000,000.00. A copy of the certificate will be made available by “Ocean Sound Entertainment” and will be on display at the Venue during the performance.


10. Withdrawal Of Services

I) In case of verbal and/or physical violence towards the “DJ(s)” or any person(s) connected with “Ocean Sound Entertainment”, the “client” may be asked to have this/these people removed from the venue if an agreement regarding this can not be resolved then the service’s of “Ocean Sound Entertainment” may be stopped, and the “client” will be liable for the remainder of any booking fees due.

II) In the case of damage being caused to any equipment (either belonging to contracted to or leased to “Ocean Sound Entertainment”) by the “client” or any person(s) at the event, the services of “Ocean Sound Entertainment” may be stopped, and the “client” will be liable for the remainder of any booking fees due, and the “client” will also be fully liable for any damage to equipment (either belonging to or contracted to or leased to “Ocean Sound Entertainment”), payment for any damaged equipment should be received by “Ocean Sound Entertainment” within 7 days of the event or further costs may be charged.


11. Force Majeure

In cases of “Force Majeure” (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the “artist” or “client”, then the “artist” or “client” may cancel this booking without penalty other than loss of deposit.