Terms and Conditions

All bookings, whether confirmed verbally, electronically or in writing, will be subject to a legally binding contract carrying the non-negotiable terms and conditions set out below. If any part of these terms and conditions is unclear, please contact us for clarification. Contracts represent written confirmation of a prior verbal or emailed agreement and no signatures are required to bring them into force. As such, non-signature is not sufficient to cancel this agreement. Cancellation requests must be received in writing as per the terms in clause 18.

1: Definitions
The ‘Customer’ is the person named on the contract who is booking the services of Bournemouth Mobile DJ.

The ‘DJ / Host’ is the person(s) named on the contract who will be providing the services requested by the Customer.

The ‘Venue’ is the establishment named on the contract at which the requested services will be taking place.

2: Confirming the Booking
‘Confirmation’ means the electronic or written acceptance of the contract by the Customer and the DJ / Host along with receipt by Bournemouth Mobile DJ of any booking deposit specified on the contract due from the Customer. Until Confirmation has been received, bookings do not take effect and event dates remain open to further enquiries. Bookings are secured immediately upon ‘Confirmation‘ and may subsequently only be cancelled as detailed in the cancellation terms (see clause 18).

3: Payment of Fees
Any booking deposit specified on the contract will be invoiced and is due from the Customer as soon as possible in order for ‘Confirmation‘ of their booking to take place. Methods of payment appear in the invoice email and on the invoice itself. The contract number must be quoted when making any payments. Following receipt of a booking deposit, the outstanding balance will be invoiced and is due from the Customer at least 14 days before the event date unless otherwise agreed between Bournemouth Mobile DJ, the Customer and the DJ / Host and detailed on the contract. If payment is not made as per the contract terms, the DJ / Host and Bournemouth Mobile DJ reserve the right to cancel the booking without penalty and the Customer will forfeit any fees already paid and remain liable for any cancellation fees due (see clause 18). A standard charge of £35 will be levied on any unhonoured cheques received by Bournemouth Mobile DJ.

4: Music Preferences and Playlist Requests
All music preferences and any specific music should be confirmed with Bournemouth Mobile DJ at least 14 days prior to the event date to give Bournemouth Mobile DJ and the DJ / Host sufficient time to prepare; otherwise the DJ / Host will be unable to guarantee meeting the Customer‘s requests in full. Requests during the event will be taken at the DJ / Host‘s discretion and played if they are available and appropriate in their professional judgement.

5: Equipment Setup and Removal Times
The Customer must appreciate that approximately 45 to 60 minutes is required prior to performance for Venue access, equipment installation and setup. If access to the performance area involves lifts, stairs or long access routes then additional time should be allowed as appropriate. If such time is likely to affect the smooth running of the event, earlier setup will be considered for an additional fee if approved by all parties concerned. If insufficient time is allowed for access and setup and, this impact the performance time through no fault of the DJ / Host, then no reduction in fee will apply. Bournemouth Mobile DJ shall not be liable for any additional costs levied to the Customer by the Venue in relation to additional time required for access, setup, dismantling and removal of equipment.

6: Venue Requirements
The Customer is responsible for ensuring their Venue has all appropriate licences required by law in force at the time of performance to allow the booked entertainment to take place. It is the Customer‘s responsibility to ensure their Venue can accommodate the DJ / Host and that the DJ / Host is allowed to carry out the services which have been requested of them safely and without hindrance. Any non-performance of the DJ / Host due to Venue restrictions will place the Customer liable for cancellation fees as detailed in clause 18. The Customer is responsible for ensuring safe and adequate power is available to the DJ / Host close to the performance area. If the DJ / Host is required to work alongside other booked entertainment, it is the Customer’s responsibility to ensure sufficient space is available in which all DJ / Hosts can setup and perform safely and comfortably. The Customer, in conjunction with their Venue, should provide the DJ / Host with a ‘safe working place’, which should include an area for the DJ / Host to work which is of sufficient size and separate from the audience and which allows the DJ / Host the facility to leave without hindrance and to safely remove their equipment where appropriate should there be any disruption arising from the behaviour of the audience. The area should be free of extraneous cabling, overly bright lights, and extremes of temperature, dampness or other such hazardous conditions and should be separated from the audience by means of partitions, tables or raised stage areas which make access by audience members difficult or controlled. Smoke, fog or bubble machines will only be used at an event at the request of the Customer and with specific permission from the Venue. In any case, smoke machines will not be used in poorly ventilated rooms, in areas where fire or smoke sensors are present or in rooms where any objects or people are likely to be in close proximity to the smoke machine.

Marquees

Where an event is being held in a marquee, the Customer must ensure that the performance area is dry with a firm, even, flat surface and that a minimum of two 13A power sockets are available within close proximity of the performance area.

7: Sound Limiters and Volume
The adjustment of the volume and sound level of any equipment shall be as the Customer or Venue reasonably requires. The Customer is responsible for checking with their Venue if a sound limiter is fitted and what effect this may have on their event. Should the presence of a sound limiter prevent the DJ / Host from performing or detract from the DJ / Host’s performance in any way, the DJ / Host cannot be held responsible. If, in the view of the DJ / Host, the operation of the sound limiter poses a risk to the DJ / Host’s equipment, the DJ / Host reserves the right to end the performance without penalty.

8: Changes to Contract
The agreed booking fees may be subject to change (in agreement with the Customer and DJ / Host) if any details on the contract are changed. Any alterations deemed necessary to the contract by Bournemouth Mobile DJ, the DJ / Host or the Customer will be made clear on the contract, dated and an amended written contract issued to all parties concerned.

9: Complaints
If, through their own fault, the DJ / Host is unable to fulfil part of the event schedule or breaks the terms of the contract and the Customer would like to claim a reduction on the DJ / Host’s fee, the Customer must communicate their complaint to Bournemouth Mobile DJ within 24 hours following the event and subsequently in writing. If the contract stipulates that payment is due to be made to the DJ / Host at the event, then full payment must still be made to the DJ / Host, as agreed in the contract. Withholding payment is illegal. Whilst Bournemouth Mobile DJ cannot be held responsible for the actions or failures of the Customer or DJ / Host, we will make every effort to settle disputes without the need for either party to take legal action against the other. Once a written complaint has been made by the Customer, Bournemouth Mobile DJ will contact the DJ / Host to discuss the complaint and request a written statement detailing their version of events. Bournemouth Mobile DJ will act as a mediator between Customer and DJ / Host in order to achieve an amicable agreement. If Bournemouth Mobile DJ cannot settle the dispute to the mutual satisfaction of both the Customer and DJ / Host then both parties must settle the matter directly via their own legal representatives. Any dispute between Customer and DJ / Host based on changes to the contract / performance that were agreed by both the Customer and DJ / Host, but not confirmed by Bournemouth Mobile DJ in writing, must be settled between the Customer and DJ / Host directly.

10: Changes on the Day
Wherever possible, changes to the contract schedule which are unavoidable on the day of the event should first be discussed and agreed with Bournemouth Mobile DJ. On the contrary, changes are to be agreed between the Customer and the DJ / Host prior to performance. Any changes will be subject to these terms and conditions. If changes negotiated between the Customer and the DJ / Host on the day of the event are agreed to incur additional costs to the Customer, the payment of these additional fees must be arranged directly between the Customer and the DJ / Host.

11: Delayed Event Schedules, Late Finish Fees and Extended Performance Times
If, due to the late running of or alterations to the event schedule which is no fault of the DJ / Host, the DJ / Host is unable to perform their full performance time within the schedule outlined in the contract, there will be no reduction in the DJ / Host‘s fee. In the event of late arrival by the DJ / Host that disrupts operating procedures and reduces performance time, the Customer has the right to request a proportionate refund of the DJ / Host‘s fee via a written complaint (see clause 9). If the event schedule is changed on the day and the DJ / Host is required and agrees to perform longer than the performance times agreed in the contract, then the Customer and DJ / Host must agree a mutually acceptable additional fee for the extra time. Payment of such additional fees must be arranged directly between the Customer and the DJ / Host. The DJ / Host has the right to refuse any extension of their performance time agreed in the contract without penalty.

12: Re-engagement of the DJ / Host
The Customer agrees to negotiate all future bookings of the DJ / Host with Bournemouth Mobile DJ and not with the DJ / Host directly, for the period covering the issue date of the contract until 18 months after the event date on the contract.

13: DJ / Host Service Guarantee
The DJ / Host agrees to provide a performance that is to the best of their ability and reflects the quality of the DJ / Host‘s capabilities as known to Bournemouth Mobile DJ and as promoted to the Customer. The DJ / Host will be polite, courteous and professional in all their dealings with the Customer, their guests and all Venue staff and contractors. The DJ / Host will respond to any Customer requests regarding volume, situations of equipment and any other reasonable requests. The DJ / Host agrees that no performances will contain material that the Customer deems to be offensive. The DJ / Host agrees to provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Customer or other third party. It is the DJ / Host‘s responsibility to ensure the good working order & safety of their own equipment and to obtain all necessary insurances and certifications required. Bournemouth Mobile DJ shall not be responsible for any physical or material damage caused howsoever by a DJ / Host‘s equipment. The DJ / Host will refrain from excessive drinking before, during and after the performance at all times when the Customer or their guests are present. The DJ / Host will not, under any circumstances, partake of any illegal drug use on the day of the event or whilst at the Venue, or whilst in the presence of the Customer, their guests, Venue staff or other associated suppliers or DJ / Hosts. The DJ / Host will not smoke in restricted areas or park their vehicles in restricted areas at the performance Venue. The DJ / Host will not partake in any other conduct deemed anti-social, illegal, or reflecting badly upon themselves, Bournemouth Mobile DJ or the Customer. The Customer has the right to dismiss any DJ / Host guilty of any of the acts mentioned in this paragraph and to seek compensation via a written complaint (see clause 9). Should the DJ / Host be unable to complete their full performance time due to equipment failure, the Customer has the right to seek a proportionate refund of the DJ / Host‘s fee by means of a written complaint (see clause 9). The DJ / Host will be appropriately and smartly dressed during their performance except with the consent of the Customer or where the wearing of other attire is deemed a necessary part of their performance.

14: Health and Safety
Aggressive behaviour, either verbal or physical, directed at the DJ / Host, or any situation arising in which the DJ / Host feels threatened, will not be tolerated and the DJ / Host has the right to terminate the performance in such cases without penalty. If the DJ / Host is exposed to dangerous or hazardous conditions of work or they have reasonable belief that they may be in a situation where they or their equipment is in any risk of danger, they reserve the right to withdraw from the premises, taking their equipment with them, without penalty. The Customer is responsible for ensuring adequate supervision of their guests and that Venue management adequately supervises customers and staff on site premises. The Customer shall evict any person(s) causing a nuisance to the DJ / Host. At events where guests under the age of 16 years will be present, the Customer must ensure that adequate adult supervision is provided. The Customer and / or parents will be responsible for the behaviour and safety of all minors. DJ / Hosts are not liable for supervision of minors.

15: DJ / Host Equipment
It is agreed by the Customer and DJ / Host that the equipment provided by the DJ / Host will not be available for use by any other persons except by specific permission of the DJ / Host. Should the DJ / Host be requested to connect their equipment to any other equipment provided by the Venue or third party, the DJ / Host reserves the right to refuse such connections if they consider it to be unsafe or likely to cause damage to their own equipment. Bournemouth Mobile DJ cannot be held responsible for damages to any persons or property caused by a self-employed DJ / Host. The DJ / Host accepts this responsibility. Should any loss or damages occur to the DJ / Host or their equipment or property caused by the Customer, their guests or other function or Venue staff, the Customer accepts full responsibility, both legally and financially, including but not limited to the cost of replacement equipment, hire of interim replacement equipment, transport costs, medical expenses and legal costs.
16: Use of Deputy DJ / Hosts
A Deputy DJ / Host means a person or persons who stand in for one or more DJ / Hosts should the original DJ / Host be unable to perform due to illness or accident. The DJ / Host will perform in person as agreed in the contract and will not invite guests to accompany them unless otherwise agreed with both Bournemouth Mobile DJ and the Customer in advance, or in cases of emergency.

The DJ / Host agrees that if, due to illness or accident, they are unable to fulfil the contract and a suitable Deputy DJ / Host is available and this Deputy DJ / Host satisfies the conditions of competence below, the DJ / Host will use the services of this Deputy DJ / Host rather than cancel the booking under the terms of Force Majeure (see clause 21). The DJ / Host agrees that any Deputy DJ / Hosts will be of the same standard and professional competence as the DJ / Host being replaced and that they will represent the DJ / Host to the same high standard that is known to Bournemouth Mobile DJ and expected by the Customer. There will be no reduction in the DJ / Host‘s fee if a Deputy DJ / Host is used, although, if in advance of the event the Customer has expressed they are not happy having a Deputy DJ / Host attend their event then the Customer has the right to cancel the booking without penalty and the DJ / Host will be liable for the cancellation under the terms of Clause 18 unless ‘Force Majeure’ may be applied. A Deputy DJ / Host may not be used to replace a DJ / Host whose individual name is used to promote the DJ / Host.

17: Contractual Disputes
Any contractual disputes must be notified in writing at least 14 days in advance of the event date.
18: Contract Cancellations
Cancellation by the ‘Customer’:-

If the Customer needs to cancel the booking, the Customer agrees to inform Bournemouth Mobile DJ immediately and subsequently in writing. Bournemouth Mobile DJ agrees to inform the DJ / Host of the cancellation immediately and subsequently in writing. If the Customer fails to inform Bournemouth Mobile DJ regarding a cancelled or postponed event, then the Customer will be liable to pay the full outstanding fees. Cancellation by the Customer at least 21 days in advance of the event date will only forfeit any booking deposit paid. Cancellation by the Customer with less than 21 days’ notice before the event date will result in the following fees becoming payable by the Customer within 7 working days of cancellation notification:-

Within 21 days, 7 days and 24 hours of the event date, 50%, 75% and 100% of the outstanding fees will be payable respectively. In all cases, booking deposits are non-refundable as they cover event booking and administration costs.

Cancellation by the ‘DJ / Host’:-

Cancellation by the DJ / Host is not allowed for any reason except circumstances covered by ‘force majeure’ (see clause 21). In the unlikely event that the DJ / Host needs to cancel the booking, the DJ / Host agrees to inform Bournemouth Mobile DJ immediately and subsequently in writing. Bournemouth Mobile DJ agrees to inform the Customer of the cancellation immediately and make all reasonable attempts to find a suitable replacement DJ / Host of similar standard and style at no extra cost to the Customer. Should a suitable replacement not be found, Bournemouth Mobile DJ agrees to refund the Customer any booking deposit paid plus any other fees already paid in advance.

Should the DJ / Host cancel the booking under circumstances not covered by Force Majeure (see clause 21), or the DJ / Host fails to notify Bournemouth Mobile DJ of their inability to fulfil the contract, then the Customer may pursue damages from the DJ / Host up to a maximum liability of the DJ / Host‘s fee. The DJ / Host also agrees to pay Bournemouth Mobile DJ an administration fee equal to the deposit on the booking and this must be paid within 7 working days, The DJ / Host also agrees to refund the Customer any difference between the original booking fee and the fee charged by any replacement DJ / Host arranged for the Customer by Bournemouth Mobile DJ and this must be paid within 7 working days. If a replacement DJ / Host is required at the last minute and the Customer is not happy to accept the replacement DJ / Host, they must not allow the replacement DJ / Host to perform; otherwise the DJ / Host‘s full fee will be due.

19: Late Payments
Failure by the Customer to pay any outstanding fees as per the contract terms will result in interest being charged on overdue amounts at a minimum rate of 8% above the Bank Of England’s reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Payments overdue by more than 120 days will be passed to a debt collection agency with the Customer fully responsible for payment of any additional fees incurred.

20: Limitation of Liability
The booking contract is negotiated by Bournemouth Mobile DJ between the ‘Customer‘ and ‘DJ / Host‘ named on the contract. In this respect, Bournemouth Mobile DJ acts as an agency and is not responsible for non-fulfilment of bookings or non-payment of fees, though every reasonable safeguard is assured, and does not warrant the quality of performance by the DJ / Host. In the event of non-fulfilment of this booking contract, the level of liability of Bournemouth Mobile DJ to the Customer is limited to a maximum of the fee stated on the contract paid to Bournemouth Mobile DJ by the Customer. All parties acknowledge that Bournemouth Mobile DJ will be under no liability to either party as a result of any breech of this agreement or claim by the other party. Bournemouth Mobile DJ have no liability to the Customer for any loss, damage, costs, expenses or any other claims including loss of profit or any indirect special or consequential losses which arise out of or in connection with the provisions of the contract or any representation of Bournemouth Mobile DJ except in respect of death or personal injury caused by the negligence of Bournemouth Mobile DJ.

21: Force Majeure
In cases of Force Majeure (which shall be known as war, fire, flood, death, illness or other incapacity 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 preventative action by the DJ / Host or Customer, then the DJ / Host or Customer may cancel this booking without penalty other than loss of any deposit paid. Appropriate proof of any claims of Force Majeure may be sought.
22: General
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby. The contract and these terms and conditions shall be governed by English, Welsh and Scottish law and the parties herein submit to the jurisdiction of the English, Welsh and Scottish courts.

All rights reserved.