Musician Terms & Conditions
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Securing Your Date
Your date will not be held until this contract is completed and received by Houston Sax DJ
Invoices & Payments
Invoices are sent via Square, and payment is due by credit card or bank draft 7 days BEFORE your event, unless a differing specific date is mentioned in the invoice. The musicians are not obligated to perform until the service is paid in full. Personal checks are not accepted. Business checks may be accepted on a case by case basis.
If travel accommodations are required, the full event price must be paid in full no later than 14 days weeks prior to the event, the cost of which will be non-refundable once hotel, airfare, rental car, or necessary rental equipment have been booked by Zach.
Refunds
Deposits are non-refundable. Payment for individual musicians that are unable to perform due to unforeseeable circumstances beyond our control that effect their ability to attend the event, such as illness, accident, or acts of God will be returned to Client. If all musicians are prevented from performing due to aforementioned circumstances prior to the event, all musicians’ payments will be returned to the client. If the client cancels the event within 14 days of the event date for any reason, the client is still responsible for full payment.
Cancellations
All events are "rain or shine" unless otherwise stipulated. The Client is responsible to provide an alternate indoor location in the event of inclement weather. The Client agrees to pay the full amount contracted once the musician(s) has arrived at the event location, even if the musician(s) cannot perform due to inclement weather.
Cancellation of the engagement by the Client for any reason within 14 days of the date of engagement shall also require payment of the balance to Houston Sax DJ, unless the same act is re-booked by the Client for a mutually agreeable date within 30 days of the canceled date. This is also subject to musician availability. If the client cancels and the musician(s) are not available on the date the client reschedules, client is stilll responsible for full payment. A Client canceling their engagement by telephone must also verify that cancellation in writing (via email).
Travel charges for long-distance events must be paid once the musicians begin their trip whether the event happens as planned or not.
If this is a recurring performance agreement, a minimum of two weeks notice should be given if performances will be discontinued.
Additional Information
Overtime will be billed at the rate of $100 per player for every 15 minutes after the agreed End Time has expired. An invoice will be sent to Client following the event and payment must be received within five (5) days. There will be an additional $100 late fee added for every five days that the overtime payment is not received until this matter is resolved.
Revisions to contracts will be handled on a case by case basis by Houston Sax DJ. The terms set forth in the contract herein are binding.
Musicians will be afforded a 15 minute break for every hour played beyond the first. A space of at least 6’ X 8’, and at least one accessible power outlet will be provided for the musicians.
Instruments and audio equipment are extremely valuable and are susceptible to damage when exposed to certain conditions (i.e. extreme heat / cold, direct sunlight, rain, etc.); for any OUTDOOR engagements musicians will be provided with shade and protection from the elements. The musicians will not perform in rain or adverse weather conditions. If there is no alternative plan, the musicians will wait the allotted time of the contract for weather to clear. Performers cannot perform in conditions lower than 50 degrees. If the weather is projected to be cooler than 50 degrees according to weather.com, there must be a plan to shield the musicians from the elements. Musicians will not play outside under adverse conditions. If adverse weather conditions (rain, etc) begin to occur during the performance and there is no alternative plan, there will be no refund.
Audio/Video recording of the musicians is allowed only at the musician’s discretion and is usually permitted on a case by case basis. Duplication and distribution of recorded materials is prohibited by all applicable laws.
Choice of Law and Jurisdiction. This Contract shall be exclusively governed by and construed in accordance with the substantive laws of the State of Texas, excluding its conflict of law provisions. Both Client and Houston Sax DJ irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Texas and of the United States of America located in Harris County of the State of Texas for any actions, suits or proceedings arising out of, or relating to, this Agreement (and agree not to commence any action, suit or proceeding relating thereto except in such courts)
Musicians involved are contract hires and not permanent employees of Houston Sax DJ.
**In the event the service is rendered and payment is not paid in full by the event day, Houston Sax DJ will file a Mechanic’s and Materialmen’s Lien against the Event Coordinator, the Client and the legal entity and will hold all said parties jointly and severally liable. Client agrees to reimburse Houston Sax DJ for all out of pocket expenses including, but not limited, to legal fee for collection of any unpaid balance.**
**Client and Venue in which the musicians perform shall be solely responsible for licensing and royalty payments, if any, due under law for any and all songs or music performed under this agreement, and Musician indemnifies and holds harmless the City and all performing musicians the night of for and from any claims for musical licensing and royalties that may become due as a result of any song or music played at the event.**