TSG Weddings

– ENTERTAINMENT / SERVICE AGREEMENT –

SAMPLE CONTRACT

 

This Entertainment Agreement (“Agreement”) dated <date_short> is entered into by and between The Sussman Group, LLC (also known as “TSG Weddings”) and <event_name> (known as “Customer”).

Intending to be legally bound, and in exchange for their mutual and separate promises, undertakings, forbearances and actions, TSG Weddings and Customer (referred to herein collectively as “the Parties”) agree as follows:

Customer hereby retains TSG Weddings to provide the services of a DJ and related matters (referred to collectively herein as “Entertainment Services”) and subject to all of the terms and conditions set forth herein.

 

PAYMENTS:

Customer shall make payments in accordance with following schedule:

A non-refundable booking fee (“Booking Fee”) of <retainer_fee> shall be paid by CREDIT CARD or VENMO upon execution of this Agreement (Credit Card Form must be emailed back to TSG Weddings).

The remainder of  the non-Overtime total fee, in the amount of <balance_due> (“Balance”), shall be paid no later than 21 days prior to the Event BY CHECK made out to <djemployee1_name>, your lead DJ.  (Please note, TSG Weddings does not accept credit card payment for the Balance payment.) 

Any Overtime Fee shall be due and paid immediately upon completion of the Event, in the form of cash, personal check, or credit card.

Customer shall pay a service charge for returned checks of $45.00 and/or a late fee in the amount of 3% of unpaid Balance and/or Overtime once the due date has passed.

NON-CANCELLATION:

The Parties acknowledge that payment of Booking Fee by Customer is intended to compensate TSG Weddings for performance of that portion of the Entertainment Services already accomplished to that point, such as reserving time, meeting and planning with customer, foregoing other opportunities, initiating planning tools, as well as other pre-Event administrative responsibilities. Note: Add-ons and additional services fall under the same cancellation policy as our DJ/Entertainment services.

Booking fees, reservation fees, deposits, and retainers are completely non-refundable and the force majeure clause below does not apply to these fees.

The Parties agree that if Customer cancels or otherwise terminates this contract within 180 days or less of the EVENT, Customer shall owe 75% of the Balance to TSG Weddings. The Parties acknowledge that by the time the EVENT is 180 days away, TSG Weddings shall have performed a portion of the Entertainment Services that equal or exceed 75% of the Balance by reserving time, meeting and planning with customer, foregoing other opportunities, initiating planning tools, as well as other pre-Event administrative responsibilities.  If Customer terminates this agreement and cancels this contract within 30 days or less of the EVENT, Customer shall owe the full remaining Balance to TSG Weddings.

Customer grants TSG Weddings permission to charge the same credit card used for the Booking Fee if Customer is non-responsive after Customer confirms a termination in which a Balance amount is due based on the above terms and timeline.

TSG Weddings recommends that Customer secure their own private event insurance to cover the eventuality of Customer needing to cancel services with TSG Weddings once this agreement is digitally signed and legally binding.

Customer may terminate this agreement and/or cancel the scheduled services only via Certified U.S. Mail or Email, addressed to TSG Weddings at the address listed above.

FORCE MAJEURE:

TSG Weddings’ performance and obligations hereunder are subject to delays and failures of Entertainment Services due to acts of God, accidents, injuries, illness, power outages, transportation malfunctions, weather, fire, acts of war and terrorism, official states of emergency, epidemics, pandemics, or any other cause beyond the control of TSG Weddings (“Force Majeure”).

If TSG Weddings is unable to perform Entertainment Services due to a Force Majeure, TSG Weddings will make all reasonable efforts to secure replacement coverage for the event. If replacement coverage is not possible or available, TSG Weddings shall have no further obligation or responsibility to the client and TSG Weddings shall return Balance Payments (if already made) back to Customer excluding Booking fees, reservation fees, deposits, and retainers which remain nonrefundable.

Guest count (number of guests) and/or venue location will not have any impact on this Force Majeure clause or the terms within.

If Customer IS NOT LEGALLY able to hold their Event due to an official state of emergency or pandemic, TSG Weddings will apply any and all fees and payments already made (INCLUDING Booking fees, reservation fees, deposits, and retainers) to a future date of service, as long as Customer verifies and confirms future availability with TSG Weddings via email or certified US mail.  The future date must be within twelve months of the original date of contracted services or additional booking fees may apply.  The Event will be rebooked based on the company’s average yearly price increase of 5% per year.  Price increase is based on the original date of contract signing (i.e., if you originally signed your contract in 2019 and you are rebooking for 2021, that is a two year rate difference that the Client would be responsible for to account for fair market value.) If Customer chooses to cancel  due to an official state of emergency or pandemic, and Customer does not choose the option of rebooking, their booking fee(s) remain non-refundable, but any other payments made beyond the booking fee will be returned to Customer.

If Customer IS LEGALLY able to hold their event during a state of emergency or pandemic, TSG Weddings will retain the original booking fee but any and all other payments already made will be credited to a future date of service, as long as Customer verifies and confirms future availability with TSG Weddings via email or certified US mail.  Customer will be responsible for paying a new booking fee for the future date and that date but it must be within twelve months of the original date of contracted services.  The event will be rebooked based on the company’s average yearly price increase of 5% per year.  Price increase is based on the original date of contract signing. (i.e. if you originally signed your contract in 2019 and you are rebooking for 2021, that is a two year rate difference that the client would be responsible for to account for fair market value.)

LICENSES, INSURANCE & SECURITY:

Customer is responsible for obtaining and paying for any and all required licenses and permits for the Event and shall obtain and have in place all reasonable and necessary fire, liability and other insurance as may be appropriate and/or required by law for the Event, as well as adequate security to protect all persons in attendance.

TSG Weddings carries a $1,000,000 liability policy in which other vendors or venues are able to be listed (with name and address only) as additionally insured.   If any venue requires anything other than our standard insurance binder, those costs and acquisition fees shall be separately billed to Customer and must be paid upon the due date of the Balance.

Customer agrees to accept responsibility and liability for any damage to TSG Weddings’ property and equipment that it is caused by Event guests. [Example:  “Mic Drops” by guests giving toasts and speeches are at the liability of Customer.]

RELEASE OF DEPICTIONS OF EVENT:

Customer agrees, authorizes and licenses TSG Weddings to film, tape and in any other way record the Event and to own, use and distribute such content, regardless of format and media, in TSG Weddings’ sole discretion, including, but not limited for use on TSG Weddings’ website, social media and in TSG Weddings’ promotional materials. Customer also gives permission for the event photographer and/or videographer to, at their discretion, share their files with TSG Weddings for those same promotional purposes.   NOTE: TSG WEDDINGS IS NOT, HOWEVER, OBLIGATED TO TAKE PHOTOGRAPHS AND/OR VIDEO AT ANY EVENT OR TO POST, USE OR SHARE PHOTOGRAPHS OR VIDEO OF ANY EVENT.

CREATIVE CONTROL:

Customer grants to the Talent complete creative control with respect to music programming with the following exception: If the Client and Talent have, agreed upon inclusion and/or exclusion of specific selections and/or types of music (ie: via the TSGTools planning website), the Talent will, to the best of his/her ability, comply with any such agreement.

PHYSICAL REQUIREMENTS TO BE SUPPLIED BY CUSTOMER:

Customer shall provide or otherwise make arrangements for the following to be available to TSG Weddings for the duration of the Event (including reasonable pre- and post-Event set-up and take-down):

·       A single 6 to 8 foot table for the exclusive use of the DJ
·       A single 36” round table or other table of similar size for the ceremony location
[Note:  All tables referenced above should also have matching linen.]
·       Photo Station requires that the venue provide Wi-Fi.  Wi-Fi network name and password should be acquired by client the week prior to the event and sent to us.
·       Provide a DJ area immediately adjacent to the dance floor.
·       A minimum of one dedicated 3-prong, 15 amp, 120 volt 60Hz AC circuit within 25 feet of staging area.
·       Free parking for the DJ and any assistants.
·       A direct and obstacle free passage to the staging area.
·       Ramp or elevator access between the parking/service entrance and staging area.

For all Events where Entertainment Services are to be provided outdoors, TSG Weddings must be located inside a tent due to the unpredictable New England weather.
For outdoor ceremonies, a tent is not required HOWEVER if no tent is provided for the ceremony, the onsite DJ has the discretion to decline to set up and/or perform in an uncovered area, based on the DJ’s independent determination of forecasts and current weather conditions.

In situations where thunder and lightning are forecast as possible, TSG Weddings will not set up (or perform) in an uncovered area.
Customer acknowledges and agrees that TSG Weddings reserves the right to suspend Entertainment Services utilizing electricity (including but not limited to music and microphones) during any period of active rain/precipitation to which they are subject.

Refunds will not be given for adverse weather conditions.

ACCESS TO VENUE:

DJs require two (2) hours before and one (1) hour after the Event for setup and take down. DJs and TSG Weddings reserve the right to levy additional charges if access is impeded by stairs, uneven or soft terrain, excess distance to staging area, or elevator access. Customer is responsible for paying any charges imposed on Entertainment Services by the venue. These charges may include but are not limited to, parking or use of electric power.

INDEMNIFICATION:

Customer shall indemnify, defend and hold TSG Weddings and The Sussman Group, LLC (including its owners, Manager(s), affiliates, employees, and subcontractors) (the “Indemnitees”) harmless from and against any and all claims, lawsuits, losses, damages, costs, liabilities and expenses for personal injury or damage to any real or personal property that the Indemnitees may sustain, incur or be required to pay arising out of, relating to, or in connection with the services performed hereunder. Notwithstanding the above, Customer shall not be responsible for indemnifying any Indemnitee for any accident or event caused by the negligent action, inaction or willful misconduct of that Indemnitee.

MISCELLANEOUS:

This Agreement shall be effective on the date of its execution.

This Agreement is to be performed in accordance with the laws of Massachusetts; and the courts in Essex County, Massachusetts shall have exclusive venue for any action relating to this Agreement.

This Agreement is binding on the Parties, their successors, assigns, representatives and affiliates.

This Agreement expresses the entire understanding of the Parties with regard to the matters contained herein. It may not be altered, modified or explained, except in a writing signed by all of the Parties.

TSG Weddings will email back a confirmation of booking, which shall be deemed to equal to a counter signature by The Sussman Group, LLC d/g/a TSG Weddings.

Each Party has acted in an independent capacity and shall not be able to bind the other Party to any legal obligation, contract or liability by virtue of any relationship created by this document.

Headings and subtitles are used for the convenience of the Parties, and shall not have any substantive meaning.

Payment and cost of all services listed in this agreement are for actual performance, talent, time, design, and skilled trade.  All appropriate equipment is included and viewed as tools that our contractors need to deliver on these entertainment services.

If Customer is signing this agreement due to the rescheduling of their Event for any reason, the number of days described in the cancelation paragraph’s first sentence shall be calculated based on the original Event date, not the new Event date.  The old Event date will be listed in the section above titled “other notes”.

The Parties acknowledge that TSG Weddings is an independent contractor and is not an agent, servant or an employee of Customer. The Parties agree that TSG Weddings may, in its sole discretion, hire or use subcontractors to perform Entertainment Services.

The Customer understands that they can leave reviews on wedding websites to let other couples know about their experiences working with TSG Weddings. However, only the Bride and/or Groom listed under “Customer Name” can leave a review as you are contracted Customer hired by TSG Weddings. Friends, family members, or anyone else that may have been in attendance at the wedding are not permitted to leave reviews, and if they do, we have the option to have those reviews removed.

Customer agrees to have the online Planning tool and online music database completed no later than three weeks before the date of the Event. Those tools can be accessed at  www.tsgtools.com

Agreement must be digitally signed within 6 days of the date in the first paragraph. No date is considered “booked” or “secured” without an executed agreement and paid Booking Fee.

The cost of services is only guaranteed for this 6 day period.

Upon request, TSG Weddings may provide outside videographers a balanced XLR output from TSG Weddings’ sound system. TSG Weddings, however, does not guarantee the quality of recordings made thereby.
VIDEOGRAPHY:

Customers who contract for basic videography service acknowledge and agree that this service is basic video recording of the agreed upon events and locations for the time contracted in the list of service descriptions above.
TSG Wedding will perform video functions subject to the conditions on the day of the Event (ex: weather, lighting, physical set up).
The final video will be rough edited without special effects or cinematic methods.
The simple rendered video will be delivered by a digital delivery web link that expires 30 days after it is sent.
DVDs may be purchased at a cost of $20 each. TSG Weddings will endeavor to capture and include important moments in the final video.
This is a single camera, single shooter service. TSG Weddings will retain the rendered footage for a period of 6 months after the Event.
It is the responsibility of the Customer to save or archive the footage for the future.

Intending to be legally bound, the Parties have set forth below their hands and seals as of the date first mentioned.
The person signing below is either the Customer or acting as an agent on behalf of the Customer and by signing this electronic agreement they agree to all the terms listed above.