Non-Interactive copy of Terms & Conditions
 
Liability
1. The persons signing this contract hereby confirm their full capacity and authority to do so.
2. The person(s) and organisation(s) listed as the Client shall be liable in full for all costs and charges raised as a result of the herein agreed Booking.

Provision of Goods and Services
3. The accompanying DJ Service Packages document describes the Service, and forms part of this Contract and describes the goods and services to be provided to the Client by the Supplier, including effective dates and times (Event Date) for whom the said goods and services are to be provided.

The Brief
4. A Brief is to be agreed upon between Client and Supplier via a ‘Client Music Questions’ document, and the face-to-face Initial Client Meeting (when applicable). Filtered Sound Service Packages include the time the DJ spends sourcing, acquiring and collating music playlists, in order to fulfil your specific needs and event aims as according to the agreed Brief.

In the interest of both parties, the purpose of the Brief confirms the following:
a) DJ playing times and event running schedule;
b) The event aims / measures of success in terms of the Client describing the desired experience of the music (e.g. “everyone up on the dancefloor all night”), the musical style or “sound palette” for each section of the event (e.g. background ‘loungey’ vibe during sit-down dinner) and specific song selection;
c) Cut-Off Dates (see relevant clause below). Cut-Off Dates as per ongoing Supplier-Client correspondence for Music Selection Process, package customisation or specific Client requirements form part of the Terms and Conditions;
d) Install and de-install required time periods.
 
Music Selection Process
5. The process of music selection consists of two edits from the Client and two edits from the DJ, unless the Client negotiates otherwise, which is welcomed up to one week prior to the Initial Client Meeting date.

a) Client input into “have to hear” track selection is capped at a generous three hours of music. This is to ensure the DJs capacity to work the crowd and create atmospheres that fulfil the Client’s event aims is balanced with the Client’s personal aesthetic. Ongoing customisation of playlists beyond the Brief will be charged at an hourly rate of $55.
b) Client input into “want to hear” track selection is uncapped, and forms the basis from which playlists will be built.
 
Cut-Off Dates
6. If for any reason the Client is unable to meet the cut-off dates, the Supplier cannot guarantee ongoing customisation such as song selection requests (or additional hire equipment). It is at the DJs discretion as to whether edits returned late are accepted. Clients who request late changes or who do not return their playlist edits within the stated timeframes will be charged an additional ‘late night work’ fee at the rate of $55 per hour.
 
Payment Schedule
7. Payment Schedule is as follows:
a) Secure your DJ: Receipt of a non-refundable payment of $600 secures your date with the Supplier and begins the Music Selection Process. The Client booking is confirmed upon payment of balance invoice.
b) Final Payment: The balance is due on or before one calendar month prior to Event Date. Failure to complete this balance payment on time may result in no DJ service being rendered.
c) Upon request at the time of or prior to signing Packages and Terms document “Payment Option B” is available whereby smaller amounts are payable spread over 4 payments within the same timeframe.
d) In the instance of a last minute booking whereby the event is less than one calendar month away, one payment consisting of 100% non-refundable payment is required within five days of the quote being sent, in order to secure the booking.

8. Payment is required by way of direct deposit. Credit card payments will be available soon. Please inquire. Credit card surcharges apply. Payments by cheque can be made by prior arrangement at the time of or prior to signing Packages and Terms and document.
 
Surcharges
9. Travel expenses are included within DJ packages for events located either within a 30km radius of Perth city centre or a 30km radius of Metricup, in the Margaret River region. Events located outside of these areas incur a travel surcharge based on travel time and distance.

10. Events on New Year’s Eve, over Easter and during the Christmas week or public holiday long weekends, incur a surcharge between $150 and $250.
 
Cancellations by Client
11. Notice of cancellation must be made in writing to Filtered Sound. If cancellation of the date occurs before eight (8) weeks from the event date, the deposit will not be refunded, but may be transferred to another date, if available. If cancellation occurs before twenty-nine (29) days from the event date the full deposit is forfeited. If cancellation occurs with twenty-eight (28) days of the event date, 100% of the total booking amount is forfeited.

Hiring of Equipment
12. The Client will:
a) Bear responsibility for any Equipment hired from the time of its delivery until collection by the Supplier;
b) Upon installation or delivery of Equipment (other than DJ Service Package Equipment), immediately examine the Equipment to satisfy themselves as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Client acknowledges that it has duly examined the Equipment and has satisfied itself as required.
c) The Client acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Supplier in respect of the Equipment, its purpose, suitability or performance.
d) Assume the risk of and indemnify and hold the Supplier harmless from and against any and all property damage and personal injury resulting from:
     (i) the use of the Equipment;
     (ii) contact with underground cables, pipes, services or other obstructions;
     (iii) all necessary surface repairs.
e) Use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed.
f) Ensure all Equipment (other than DJ Service Package Equipment), is returned or ready for collection by the Supplier’s driver, in a clean, dry and properly packed condition and if being collected, is readily accessible. The Client will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
 
Loss of or Damage to Equipment
13. It is the Client’s responsibility to ensure the security of the Equipment. If the Equipment is lost, breaks down or is damaged, the Client must immediately notify the Supplier of the details. Notification shall not absolve the Client from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Client shall immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Client must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Supplier’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or wilful act of the Supplier or the breach of any of these Terms by the Client, the Client shall without limitation be liable for the following:
(a) any costs incurred by the Supplier in repairing or replacing the Equipment;
(b) hire charges for the Equipment until the Equipment is repaired or replaced;
(c) any other costs whatsoever incurred or loss suffered by the Supplier as a result of the damage to or loss of the Equipment.
Damage is classified as the following, without limitation:
     (i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
     (ii) damage or loss due to disappearance of the Equipment;
     (iii) damage caused by the use or operation of Equipment in contravention of any of these Terms;
     (iv) damage to, or loss of, the Equipment from any unknown cause.

If no notice is given to the Supplier of a lost item it shall be deemed as Extended Hire until such item is returned, and hire fees will continue until notice is given or the Equipment is found.
 
General Hire
14. The Client agrees to pay the Supplier’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, duty, levy, or other expenses paid or payable by the Client. Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice. The Client agrees to pay any expenses incurred or loss suffered by the Supplier as a result of breach by the Client of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis).
 
Insurance
15. The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment;
(b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatsoever.
 
Cancellation of Hire Items other than DJ Service Package Equipment
16. The Supplier may terminate the hire at any time. The Client shall have no claims for such termination. The Client may terminate the hire of the Equipment by:
(a) returning the Equipment to the Supplier during normal working hours; or
(b) notifying the Supplier that the Equipment is ready for collection, provided that the Client keeps the Equipment safe until collection. Upon termination of hire, the Supplier is entitled to take possession of the Equipment immediately and for this purpose the Client irrevocably appoints the Supplier as his agent and authorises the Supplier to:
      (i) enter upon any land or premises upon which the Equipment is situated or where the Supplier has any reason to believe that the Equipment may be situated;
      (ii) remove the Equipment whether or not it is affixed to the land or premises, connected  to property or equipment not owned by the Supplier, in use by the Client or any other person or containing property not owned by the Supplier. 
 
If the Equipment is not finally returned or ready for pick-up by the Supplier at the expiration or termination of the hire period the Client shall pay an additional charge of 100% the daily rate for  every additional day or part thereof that the Equipment is retained by the Client unless otherwise specified by the Supplier.
 
Force Majeure
17. If the Supplier is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Supplier may give written notice to that effect to the Client, giving full particulars of such force majeure in which case the obligations of the Supplier under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Supplier shall not be liable for any loss or damage suffered by the Client as a result of any delays caused by such force majeure events. The Supplier reserves the right to cancel the Booking and refund the Booking Fee.
 
Unenforceability and Governance
18. If any of the Terms become void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms. These Terms shall be governed by and construed in accordance with the laws of the State of Western Australia.
 
No On-Sell

19. No on-selling of the Supplier’s services is acceptable without prior arrangement. Therefore no profits are to be gained by the Client’s due to the Supplier’s services, unless an agreement has occurred. This includes agents acting in the best interests of the Supplier.

 
Release and Indemnity
20. The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
 
Install / De-install time schedule
21. The Client agrees to communicate to venue management in writing of the required time period for the Supplier to correctly and safely install and de-install all Equipment. This clause has been added due to the Supplier’s experience with venue expectations that DJs take merely half an hour to set up and pack down. As the Supplier Filtered Sound is a specialty service, install can take a relatively longer period, according to ease of access and the equipment being installed.
 
Commissions
22. The Client acknowledges and agrees that the Supplier may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with their services.
 
Filtered Sound 2017, v.17