Client to pay CEPS upon signing this Agreement, a non-refundable retainer upon signing of contract and the balance to be paid on or before 2 weeks prior to event.
A hot meal for all CEPS staff contracted for event shall be provided at event by client for events 4 hours or longer.
ADDITIONAL TERMS AND CONDITIONS
- This Agreement shall only become binding upon CEPS receipt of signed or an electronically signed copy of this Agreement with payment of the full Retainer.
Prior to receipt of the signed copy of this Agreement, and payment of the full Retainer, CEPS is not under any obligation to hold the date of Event open for the
Client. Faxed or scanned documents shall be treated as originals and will be considered legal and binding. - Upon receipt of a signed copy of this Agreement together with full payment of the Retainer, CEPS will reserve the Date of Event for Client, and shall not seek
to plan other engagements for this time. As such, unless otherwise specified herein, CEPS shall retain Client\\\'s Retainer as a reasonable estimation of its
damages hereunder if this Agreement is not fulfilled for any reason, including, but not limited to, the following circumstances: a. The Client cancelling this
Agreement; b. The Client\\\'s failure to complete all the conditions precedent to CEPS obligations, as specified in this Agreement; c. CEPS inability to perform
hereunder if its performance is impeded by matters outside of its control, including, but not limited to, fire, casualty, acts of God, local, state or federal
regulations, inadequate crowd control or protection from environmental conditions. - In the event the Client cancels the Event, but requests CEPS services for a different date (a \\\\\\\\\\\\\\\"Rescheduled Date\\\\\\\\\\\\\\\"), the parties shall enter into a new Agreement for the Rescheduled Date if available. CEPS reserves the right to apply Client\\\\\\\\\\\\\\\'s previously paid retainer and balances to the Rescheduled Date, and Client agrees to pay any additional Retainer due at that time (if applicable).
- In the event the DJ assigned to this Event is unable to perform due to illness, accident, equipment failure or otherwise, CEPS shall use its best efforts to find a qualified replacement DJ, equipment or to otherwise perform hereunder. If CEPS is unable to locate a replacement DJ or replacement equipment, and therefore fails to perform hereunder, the Client shall receive a full refund of any amounts paid (including Retainer) within thirty (30) days after the Event Date. The parties agree that refund of its payments made shall be Client\\\\\\\\\\\\\\\'s sole and exclusive remedy in either law or in equity for CEPS failure to perform hereunder.
- CEPS does not provide any warranties or guarantees with respect to its performance hereunder and none should be implied by Client, or by law.
- If the full amount due is not paid in full by the Event date, CEPS then reserves the right to cancel the event with or without notice. In the event CEPS must commence collection procedures for any reason, Client shall pay the costs and expenses of the same, including, but not limited to, reasonable attorneys fees.
- Client assumes responsibility for any and all CEPS equipment in the case guests become unruly and damage equipment.
FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party\\\\\\\\\\\\\\\'s financial inability to perform its obligations hereunder.
In the case of an event having to be cancelled or postponed due to a type of catastrophic occurrence, all moneys paid will be applied to a future agreed upon date. No money will be reunded to the client but instead applied to a mutually agreed upon future date.
This agreement incorporates the entire understanding of the included parties, and parties agree to all terms listed. Parties acknowledge receipt of a completed copy of the agreement signed by all parties. Any modifications to this agreement must be in writing and sign by all parties listed above.
This Agreement, together with the Additional Terms and Conditions attached hereto constitute the entire agreement and understanding among the parties hereto with respect to the subject matter hereof and supersede all prior understanding and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by a written instrument executed by the parties hereto.
By signing this agreement, we confirm to all terms and conditions listed in this agreement.
Gratuities not included
There is a $40.00 Fee for All Returned Checks