The Atlanta Sound Machine Contract

AGREEMENT made this ____ day of _________, 2005, by and between _______________________________________, hereinafter referred to as the Purchaser, and The Atlanta Sound Machine, hereinafter referred to as the DJ.

WITNESSETH
NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:
1. The Purchaser hereby engages the DJ to provide a DJ Service. The service to be performed at Event Location:

(Venue): ____________________________________________________________________


(Address): ___________________________________________________________________

___________________________________________________________________________


(Phone #): ___________________________________________________________________


2. The Atlanta Sound Machine hereby agrees to provide a DJ Service for the Purchaser at the above-mentioned location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. The Atlanta Sound Machine hereby agrees to render his professional services and is at all times to have complete control of his program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted on the following date(s) and time(s) of the engagement:

Date(s): ___________________________________.

Start Time(s): ______AM/PM

Finish Time(s): ______AM/PM
(4 hours minimum)
6. The Purchaser in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:
A non-refundable reservation fee of $__________(US), is required to secure the services of The Atlanta Sound Machine for the engagement. This amount shall be applied toward the Performance Fee.
The Performance Fee is $__________(US) for the four-hour time frame outlined above.
Services requested that exceed the four-hour time frame will be charged at the rate of $125.00(US) per hour, agreed to beforehand and payable the date of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
Purchaser Initials _________ The Atlanta Sound Machine______


Additional Terms and Conditions
The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made The Atlanta Sound Machine to find replacement entertainment at the agreed upon fees. Should The Atlanta Sound Machine be unable to procure a replacement, Purchaser shall receive a full refund.

Purchaser agrees that in all circumstances, The Atlanta Sound Machine liability shall be exclusively limited to an amount equal to the performance fee and that The Atlanta Sound Machine shall not be liable for indirect or consequential damages arising from any breach of contract.

All deposits are non refundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.

No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with The Atlanta Sound Machine relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only.

The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee.

It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.

It is understood that if this is a "Rain or Shine" event, The Atlanta Sound Machine compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ's compensation will not be affected by such cancellation.

In the event of circumstances deemed to present a threat or implied threat of injury or harm to The Atlanta Sound Machine staff or any equipment in The Atlanta Sound Machine possession, The Atlanta Sound Machine 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), The Atlanta Sound Machine 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 Atlanta Sound Machine resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, The Atlanta Sound Machine reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Purchaser Initials _________ The Atlanta Sound Machine______


Purchaser shall provide The Atlanta Sound Machine with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. The Atlanta Sound Machine requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ's equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. 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, and fire marshal if necessary (for use of fog).

The Purchaser shall at all times have complete control, direction and supervision of the performance of The Atlanta Sound Machine at this engagement and Purchaser expressly reserves the right to control the manner, means and details of the performance of the services of The Atlanta Sound Machine. A written event/music planner or music request list must be received from the Purchaser and forwarded to The Atlanta Sound Machine at least two weeks prior to the date of the engagement for it to be included in The Atlanta Sound Machine programming guidelines. With or without the aid of an event/music planner or music request list, The Atlanta Sound Machine shall attempt to play Purchaser's and Purchaser's guests' music requests but shall not be held responsible if certain selections are unavailable. The Atlanta Sound Machine will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.

In the event of non-payment, The Atlanta Sound Machine retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by The Atlanta Sound Machine. Purchaser shall be charged $25 for each dishonored "bounced" check plus a $7.50 service charge for each collection notice.

This agreement guarantees that The Atlanta Sound Machine will be ready to perform at the start time of the engagement. No guarantee is made as to The Atlanta Sound Machine time of arrival; however, The Atlanta Sound Machine requests that they be permitted 45 minutes before the engagement and 45 minutes after the engagement for setup and takedown. The Atlanta Sound Machine also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown 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 $50.00. If Purchaser or venue requires The Atlanta Sound Machine to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.

Engagements within the Atlanta Metro Area will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $0.50 per mile in excess of 40 miles. Engagements in excess of 300 miles will require accommodations be made for an overnight stay in a local hotel/motel for The Atlanta Sound Machine to be provided by Purchaser.

Special provisions & Additional Services Requested:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Purchaser Initials _________ The Atlanta Sound Machine______


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 and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.

All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either 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.

The laws of the State of Georgia shall govern this agreement. In the event of suit involving or
relating to this agreement, Purchaser agrees that venue will be in _______________ County.
Purchaser agrees to defend, indemnify, assume liability for and hold The Atlanta Sound Machine harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to The Atlanta Sound Machine performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party.
Purchaser may not transfer this contract to another party without the prior written consent of
The Atlanta Sound Machine. This agreement is not binding until signed by both Purchaser and The Atlanta Sound Machine has received it. Any changes must be written and signed by both the Purchaser and The Atlanta Sound Machine. 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.

The Atlanta Sound Machine may elect not to exercise their rights as specified in this agreement. By doing so, The Atlanta Sound Machine does not waive their right to exercise those options at a future date.


THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.
Purchaser:
__________________________________
Signature
__________________________________
Printed Name
Street Address: __________________________________
_______________________________
Daytime Phone: __________________________________
Evening Phone: __________________________________
The Atlanta Sound Machine:

_______________________________
Bob Hendrix/Owner