Disc Jockey Service Agreement

This Packet Includes:
1. General Information & Checklist;

2. Information;

3. Step-by-Step Instructions; and

4. The Disc Jockey Service Agreement (the “Agreement”)

General Instructions & Checklist

Disc Jockey Service Agreement

 Both the client and contractor must sign the Agreement. Because both parties will want to retain an original, two originals should be signed.

 The Agreement should be signed at the beginning of the term of service.

 This form should not be used if the contractor is considered an employee of the client.

 If you like, you can erase the italicized statements on the Agreement. These are just instructions to help you complete it.

 These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party.

 The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at findlegalforms.com.

Information

Disc Jockey Service Agreement

A Disc Jockey Service Agreement is an agreement between a contractor or disc jockey who will provide recorded music for an event and a client. A service agreement is helpful because it provides the terms and conditions of the arrangement. When and where will the event take place? What types of music will be played? Are there any specific songs or playlists which should be included? How much will the disc jockey be paid? These are all questions that will be answered in the service agreement. In addition, the service agreement will reaffirm that an employer/employee relationship is not created.

The following service agreement can be used for a one-time event or for on-going services. In a few cases, you will need to choose the provision that applies to your situation.

Employment relationships are governed by both federal and state law. Many of the state laws differ dramatically, therefore the client and the contractor should become familiar with the laws of their specific state and the federal government before entering into this type of arrangement. In addition, before using the form you should always consult with your attorney to ensure that it addresses you specific situation.

Step-by-Step Instructions

Disc Jockey Service Agreement

The following instructions will walk you through each provision to help you fully understand the terms of your agreement. The numbers below correspond with the respective provision within the Agreement.

Heading: Fill in the date that the Agreement is being entered into, and the name of each party (the Contractor, and the name of the Client).

Section 1: Services. Describe the disc jockey services that the Contractor will be providing.

Section 2: Event Timeline and Musical Requests. Here, the Client specifies the type of event for which music will be provided (e.g. wedding ceremony, wedding reception or other party or event), as well as any music to be played at specific times during the event. If the services are to be ongoing, the Client may specify the duration.

Section 3: Equipment. Specify whether the Client is to provide any equipment, or whether all equipment will be provided by the Contractor. Also, the Contractor may reserve the right to deny guest access to his/her/its equipment.

Section 4: Payment. Fill in the amount the Contractor will be paid for a one-time event or, if ongoing, per performance. Specify when the payments will be made, whether any non-refundable deposit is required, and whether the payment will be in the form of cash, check or credit card.

Section 5: Additional Fees. The Contractor should specify the amount of time needed for setup and takedown of his equipment, and where more time is required by the Client, whether there is an additional fee. Also, there may be additional labor charges for carrying equipment up stairs or onto a stage.

Section 6: Other Expenses/Accommodation. Set forth all of the expenses for which the Contractor will be reimbursed, as well as any Contractor requirements related to the venue.

Section 7: Limitation on Liability. In this optional provision, the Client assumes liability for any injury to person or damage to property which results directly or indirectly from the Contractor's performance. Some examples are if a guest slips and falls on the dance floor, or if property is damaged due to a crowd surge in a nightclub.

Section 8: Recording of Performance. In this optional provision, the Client may not record, reproduce or transmit the Contractor's performance without the Contractor's written consent. Personal videotapes or photographs of the Contractor's performance, however, are acceptable.

Section 9: Term. Fill in the service start date, and whether the Agreement is for a one-time performance or for ongoing services. If ongoing, this provision explains that the Agreement is terminable at will by either party upon written notice.

Section 10: Notice. Fill in the mailing address of each party to be used for written notice.

Section 11: General Provisions.

Subsection (a): This subsection states that the services shall be performed in a good and workmanlike manner, and shall comply with all building codes and other applicable laws. Generally, workmanlike manner means doing the work in an ordinary skilled manner as a skilled workman would perform the work.

Subsection (b): This subsection states that the Contractor and his/her/its employees or agents are licensed and therefore authorized to perform the disc jockey services.

Subsection (c): In this subsection, the Contractor warrants that he/she/it carries insurance to cover injuries to himself/herself/itself, his/her/its employees, and others who are injured or who suffer loss as a result of the Contractor's or his/her/its employees' acts.

Subsection (d): This subsection states that in the event the Client fails to make any payments, the Contractor can cease performance of the services without breaching the Agreement, pending payment or a resolution of the dispute.

Subsection (e): This subsection states that the Contractor shall not be liable for any delay or nonperformance of the services, so long as the delay or nonperformance is not due to circumstances within his/her/its control.

Subsection (f): This subsection reaffirms that the Contractor is an independent contractor. This is an important distinction for the purposes of tax status, insurance and liability. During the employment relationship both parties should be careful to keep this distinction clear. It is recommended that the parties review the rules set forth by the IRS on this subject and also any state laws that may apply.

Subsection (g): If either party chooses to modify this Agreement in any way, this subsection states that the modification must be put in writing and signed by both parties.

Subsection (h): This subsection specifies the state whose laws shall be used to interpret the Agreement. Generally, this will be the state where the disc jockey services are being performed.

Subsection (i): This subsection states that neither the Client nor the Contractor may assign any rights or duties under the Agreement to a third party, without the consent of the non-assigning party.

Subsection (j): This subsection states that the headings used to describe each provision are not to be used in any determination as to the meaning of the provision itself. Rather, the headings are for the parties' convenience only.

Subsection (k): This subsection specifies that the Agreement is considered the complete agreement between the parties. Any prior agreements are invalid.

Subsection (l): This subsection states that if one or more provisions of the Agreement is deemed unenforceable (e.g., by a court), that provision is severable from the rest of the Agreement, and the remaining provisions shall remain binding and enforceable on the parties.

Subsection (m): This subsection states that if one party breaches the Agreement, and the non-breaching party seeks enforcement of the Agreement in a court or other forum, the party who breached the Agreement shall pay all reasonable attorneys' fees and costs incurred by the non-breaching party.

Signature Block. Each party should sign and date two original Agreements. Each party should retain an original for their reference.

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