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DJ terms and conditions

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DJ Terms and Conditions

The following text represents the general terms and conditions of Atomic Events DJ Services.

• Atomic Events, in consideration of the total amount specified, will provide the services of DJ on the date of function, at the agreed location for the agreed performance times, as stated on the quotation / invoice.

• The services consist of music selection from the Company’s music library, and providing suitable equipment to play the selected music.

• The Company will make every effort to play all requests, subject to such music being available on the date and suitability for the function and venue.

• The Company will take reasonable steps to obtain songs not contained in the music library. If, in the unlikely event the Company is unable to obtain a particular track, Atomic Events will inform the customer as soon as possible.

(For “specialist” Genres like Afrikaans, “Langarm”, Kwaito, house music sub-genres, or any obscure non-mainstream genres, the client is to provide a comprehensive playlist, stating song name, performing artist, mix version and release date)

DEFINITIONS.
• Function = Event, Party, Wedding Reception, Club/Corporate/Commercial event, any organized entertainment.
• DJ = Us, We, Company, Atomic Events.
• Client = You, Hirer, Function Coordinator, Event manager, Club management, Customer.

1. BOOKING AND PAYMENT
To confirm and secure your booking, you will receive a confirmation invoice from Atomic Events, stating date, price and location. If you did not receive an invoice, that will be because your event hasn’t been confirmed.

2. DEPOSITS
To book and reserve Atomic Events, an invoice must be signed and a 50% deposit required.
The remaining balance is due one week prior to the event date.

3. CANCELLATION POLICY
3.1 Any cancellation must be made no less than (90) days prior to the scheduled occasion. Notification must be in writing. In the event that such cancellations are made within (30) thirty days of the scheduled occasion, the client shall owe the balance due within 10 days of the notice of cancellation.
3.2 All deposits and payments are non-refundable. This (90) ninety day period allows us a fair and reasonable time period to possibly gain back a booking for the date, as we will have turned away other potential customers while holding your reservation.
3.3  In the event that an occasion must be rescheduled due to rain or any other circumstances, Atomic Events can transfer any deposits based on availability of the DJ and of Atomic Events.
3.4 There shall be no discounts or refunds given in the event that the occasion is finished earlier than the time period contracted. The balance shall be due and payable to Atomic Events no later than one week prior to the event.

4. STANDARD OF DRESS AND MEALS
4.1 The DJ will be dressed appropriately for the occasion. The DJ dresses as a guest of the event.
4.2 One Meal to be provided.
4.3 The Client agrees to provide a meal for one (1) Atomic Events staff member during any catered engagement that operates for longer than four (4) hours. If a meal is not provided, the DJ may order in food from an outside provider, and the client will be invoiced for this after the event.

5. EXTENDED PERFORMANCE HOURS
5.1 The Client may request that the DJ plays longer than the contracted performance times. Atomic Events will provide an extended performance at the specified overtime rate, provided any overtime is paid in full at the time of the request and that approval has been obtained from the venue Manager if applicable. The availability of the Company for overtime cannot be guaranteed.

6. HEALTH AND SAFETY
6.1 The Client shall provide DJ with safe and appropriate working conditions.
6.2 DJ requires a MINIMUM of one 15 amp circuit outlet from a reliable power source within 10 meters (along the wall) of the setup area. This circuit must be free of all other connected loads.
6.3 The DJ, at his discretion, reserves the right to discontinue all or part of the equipment usage if the power provided is not capable of operating the equipment. without risk of damage to the equipment, the Company, personnel or the public, or if the working environment constitutes a health and safety risk.
6.4 The surface on which DJ’s are to play cannot be dirt, gravel, or any other unstable surface. If applicable, the customer agrees to furnish a facility that completely covers the Company’s equipment from direct sunlight and rain.
6.5 If service must be discontinued for any of the aforementioned reasons, the full balance is still due.
6.6 The Client will be responsible for any damage, normal wear and tear excluded, to equipment (sound/lighting equipment, music library and/or company vehicles) provided during the contracted time period, including the time allowed for setting up and packing away, unless damage is due to the Company’s Negligence
6.7 In order to prevent equipment damage DJ reserves the right to deny any individual other than employees of Atomic Events access to the sound system or any other equipment in his possession.
6.8 Atomic Events requires a minimum of 60 minutes for setting up and 40 minutes to pack away equipment.
6.9 The Company will not, under any circumstances, cut corners regarding the health and safety procedures inherent in this process.

7. THEFT
7.1 The Client will be responsible for the theft of any equipment (sound/lighting equipment and/ or music library), along with any personal/business belongings of Atomic Events personnel.
7.2 Atomic Events, at its discretion, reserves the right to discontinue all services on the function date until such items are returned, or an agreement has been reached regarding suitable recompense.

8. MISBEHAVIOUR
8.1 The Client is responsible for the conduct of all persons attending the event whether those persons are invited or not. Atomic Events do not take any responsibility for controlling rowdy behavior or ejecting unwanted persons from the venue. Our DJ’s have the right to perform in a safe environment.
8.2 DJ reserve the right to cease performance should any physical, verbal abuse, or intimidating actions be made to the DJ or anyone accompanying the DJ. If the Client is able to resolve the threatening situation within a reasonable amount of time (maximum of 10 minutes), DJ shall resume performance in accordance with the original terms and conditions of this agreement. Client will be advised of any problems that we may have in this respect with any of your guests.
8.3 Client shall be responsible for payment in full, regardless of weather the situation is resolved, or whether DJ resumes performance.

9. EQUIPMENT FAILURE
9.1 The Company is not responsible for any power outages. Since every reasonable safeguard is assured the Company cannot be held responsible for any sudden malfunction or breakdown of any electrical equipment as this is an unavoidable occurrence and is outside of our control.
9.2 We will, however, make every reasonable effort to rectify the situation. In the extremely unlikely event that suitable back up equipment is not available, the Company will refund the portion of fees paid prorated to any time lost or if in the extremely unlikely a total failure occurs, the client will be refunded the total contracted fee in full. In this situation this will be the full extent of our liability he or she is entitled to and no further damages may be sought against Atomic Events.

10. INJURIES
10.1 Atomic Events is not liable in any way for any injuries that may occur due to the actions of the Clients and/or any of the Clients guests. This may include, but is not restricted to drunkenness or other forms of intoxication and misbehavior.

11. DELAYS
11.1 If the performance start time is delayed due to the inability of the DJ to gain access to the performance area, or any other delay beyond the DJ’s reasonable control, the Company will not be liable for any refund whatsoever.
11.2 The same applies if the agreed performance time is cut short for any reason beyond the Company’s control.

12. LIABILITY
12.1 Liability is only limited to money paid by client only.

13. ASSIGNS / SUBSTITUTIONS
13.1 In the event of illness Atomic Events reserves the right to substitute the DJ assigned to the performance.

14. ADDITIONAL CHARGES
14.1 The Company, at its discretion, reserves the right to apply additional charges in certain circumstances.
14.2 These charges will only apply if the conditions of the function differ from that stated in the original Booking Agreement. For example, if the DJ incurs extra expenses in respect of parking fees, if no meals is provided for the DJ, etc.

15. CONTRACT SUMMARY
15.1 All written modifications or additions must be agreed upon by both the Company and the Client. This constitutes the entire agreement between the Client and the Company.
15.2 No other terms or conditions implied or expressed not included in this document apply.
15.3 All notices, acknowledgments or replies referred to in this document are to be made by post, or sent via Email to charl@atomicevents.co.za
This agreement is binding, By booking with Atomic Events you acknowledge that you have read and agreed to these Terms and Conditions. Once service has begun no amendments may be made. Atomic Events has the right to modify these terms and conditions without prior warning

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Event terms and conditions

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Event Terms and Conditions

1. DEFINITIONS
For the purpose of these terms and conditions the following words shall have the following meaning, unless the context indicates otherwise:

1.1 “Contract Price” shall mean the price provided in Atomic Event’s quotation to the Customer;
1.2 “Customer” shall mean entity or person contracting with Atomic Events whose name appears on the quotation and order;
1.3 “Dry Hire” shall mean the lease of Equipment to the Customer, where no Services are provided, save for possibly delivery of such Equipment;
1.4 “Equipment” shall mean the sound, staging, audio visual, and lighting equipment as well as any and all ancillary equipment or goods hired by the Customer from Atomic Events (Goods designed and manufactured by Atomic Events for the Customer for hire will be included in this definition of “Equipment”);
1.5 “Goods” shall mean the goods designed and manufactured by Atomic Events to be sold to the Customer;
1.6 “Atomic Events” shall mean Charl Van Zyl T/A Atomic Events.
1.7 “Provision of Crewing” shall mean the delivery, set up, operation and removal/collection of the Equipment and/or Goods by Atomic Events as well as the provision of other technical expertise;
1.8 “Services” shall mean the services recorded in the quotation, which shall include all or some of the following: design, manufacture, delivery and installation of the Goods and provision of crewing;
1.9 “Site” or “Venue” shall mean the premises or site where the Equipment or Goods will be utilized by the Customer;

2. ENTIRE CONTRACT
2.1 The terms and conditions contained in the quotation and herein constitute the entire agreement between Atomic Events and the Customer. In the event that there is any conflict between the terms of the quotation and the terms contained herein, the terms in the quotation shall take preference.
2.2 The Customer agrees that no amendments or variations hereof shall be binding on Atomic Events unless reduced to writing and signed by the Customer and a duly authorized director of Atomic Events.

3. PRICES AND DISCOUNTS
3.1 The Equipment is leased and/or the Goods sold and the Services provided (if applicable) by Atomic Events to the Customer at the Contract Price, which price is Exclusive of VAT;
3.2 The Contract Price shall remain firm for acceptance for a period of 7 days, where after Atomic Events reserves the right to increase such Contact Price;

4. PAYMENT AND INTEREST
4.1 A non-refundable payment of 50% of the Contract Price is payable upon acceptance of the quotation and the balance is payable prior to delivery of the Equipment and/or Goods and the provision of the Services (if applicable);
4.2 Payments must be made in cash or electronic funds transfer, in SA currency, without deduction or set-off and free of exchange.
4.3 Payments shall only be accepted as having been made once reflected in Atomic Events bank account in cleared funds.
4.4 Atomic Events reserves the right to lease the Equipment to a third party at any time before receipt of the deposit.
4.5 Interest at the rate of 2% per month shall accrue to all overdue amounts;
4.6 The Customer shall not be entitled to withhold payment of any monies due to Atomic Events in the event of a dispute arising between the parties.
4.7 Atomic Events in its sole and absolute discretion may appropriate any payment made by the Customer to any indebtedness as may be owed by the Customer to Atomic Events .

5. DELIVERY OF EQUIPMENT AND PROVISION OF SERVICES
5.1 Prior to collection or delivery of the Equipment or Goods, Atomic Events will test such Equipment or Goods to ensure that it is in a good working order and condition. The Customer may at its election and request arrange for a representative to be present at the time of testing the Equipment or Goods.
5.2 In cases of Dry Hire Atomic Events will, if requested, demonstrate the manner of assembly and operation of the Equipment to the Customer’s representative who collects the Equipment or takes delivery thereof, as the case may be. In the event that any further instruction, assistance or guidance is required by the Customer in this regard, Atomic Events reserves the right to charge a market related fee for such guidance, advice or assistance.
5.3 In the event that the Customer requires Atomic Events provide any additional Equipment and/or Goods or Services not reflected on the quotation, Atomic Events shall be entitled to add such Equipment and/or Goods or Services to its invoice at a price agreed to between the parties, alternatively at Atomic Events usual price for leasing such Equipment and/or designing and manufacturing such Goods and providing such Services.
5.4 Any electrical power required for the provision of the Services shall be provided by the Customer to Atomic Events free of charge. In the event that no electrical power or insufficient electrical power is provided by the Customer then Atomic Events may, but is not obliged to, proceed to install the Equipment and/or Goods by making use of power that it has sourced or provided and in such event the Customer shall be liable for all costs associated with the provision of such power;
5.5 Atomic Events shall in no way be liable in the event that the electrical power installation, relating to the Equipment or Goods, does not conform with Municipal Regulations;
5.6 In the event that Atomic Events is unable to supply the Equipment specified in the quotation, for whatsoever reason, Atomic Events reserves the right to provide the Customer with alternative comparable Equipment capable of satisfying the Customer’s requests as recorded in the quotation and subsequent written agreement.
5.7 Atomic Events shall, in its sole discretion, and without the consent of the Customer, be entitled to employ sub-contractors to carry out any of Atomic Events contractual obligations herein.

6. ARTWORK
6.1 In the event that any artwork is to be provided by the Customer in order for Atomic Events to render the Services, such artwork shall be provided in an industry acceptable print ready and print quality format.
6.2 Atomic Events shall assume that the artwork provided is exactly as the Customer requires it unless the Customer specifically requests a print proof to be approved prior to any printing being undertaken.
6.3 In the event that a print proof is required by the Customer such proof must be accepted / signed off by the Customer at least 7 days prior to the application of the branding.

7. RISK AND OWNERSHIP
7.1 All risk of loss, deterioration and destruction of the Goods shall pass to the Customer on delivery and/or collection thereof;
7.2 Ownership of the Goods shall remain vested in Atomic Events and shall, notwithstanding the fact that the Goods have been permanently affixed to any building or structure, only pass to the Customer on full payment of the full Contract Price.
7.3 In the event of non-payment, Atomic Events reserves its right to remove the Goods from the Customer wherever such Goods may be found and repossess same.
7.4 Atomic Events shall not be liable to the Customer for any damages which may be caused to any premises by reason of the removal and/or repossession of the Goods by Atomic Events aforesaid.
7.5 In cases of Dry Hire, all risk of loss, deterioration, damage and destruction of the Equipment shall pass to the Customer on delivery and/or collection of such Equipment;
7.6 in cases where Equipment is leased and Services are rendered, which Services shall at least include set up and operation of the Equipment, Atomic Events will bear the risk of loss, deterioration, damage and destruction of the Equipment only during such periods of time that the Equipment is under the control of or in the possession of Atomic Events. Notwithstanding the aforementioned the Customer shall still bear all risk of loss, deterioration, damage or destruction of the Equipment, despite Atomic Events being in control or possession thereof, if such loss, deterioration, damage or destruction is caused by the negligence or maliciousness of the artist, the general public, the Customer or its employees or the Customer insisted on utilizing the Equipment in inclement conditions, including but not limited to, rain or snow or the Customer failed to comply with its obligations in terms of clauses 10.5 and 10.14 below.
7.7 Ownership of the Equipment shall at all times remain vested in Atomic Events.
7.8 Should the Customer fail and/or refuse to take delivery of the Equipment when delivery thereof is due and has been tendered by Atomic Events, then the Customer will still be liable for the full Contract Price, notwithstanding the fact that the Customer may derive no benefit from the Equipment;
7.9 Should the Customer fail and/or refuse to take delivery of the Goods when delivery thereof is due and has been tendered by Atomic Events, then:
7.9.1 the risk in the said Goods shall immediately pass to the Customer and
7.9.2 the Customer shall be liable for the reasonable storage costs of such Goods;
7.10 In the event of the Customer being sequestrated or liquidated then this clause shall be deemed to be the requisite timeous written notice by Atomic Events to the Customer that Atomic Events reclaims the Goods;
7.11 The Customer shall not remove any of the Equipment from the Republic of South Africa without the consent of Atomic Events.
7.12 The Customer shall notify Atomic Events as soon as reasonably possible in the event of any damage to or loss of possession or control of the Equipment or should the Equipment be judicially attached by the sheriff of the court or any other official.

8. WARRANTIES & INDEMNITIES
8.1 No warranties, guarantees or representations, express or implied or tacit, whether by law, contract or otherwise, which are not set forth in this agreement, shall be binding on Atomic Events. The Customer hereby irrevocably waives any right it may have to rely thereon.
8.2 The Customer acknowledges and accepts that the Goods will not necessarily be an exact replica of any images or computer aided designs shown to the Customer prior to the Goods being manufactured and understands that such images or designs are merely to assist the Customer in visualizing the ultimate product.
8.3 The Customer warrants that the electrical power supply on the site has been certified by a master wireman.

9. EXCLUSION OR LIMITATION OF LIABILITY
9.1 Neither Atomic Events nor any of its officers, employees, agents or distributors shall be liable for any injury, loss or damage, whether direct, indirect, consequential or otherwise suffered by the Customer, his employees, clients, family and/or any third parties arising from any cause in connection with the manufacture, delivery, set up, installation, operation, use of, or inability to manufacture, deliver, install, operate or use, the Equipment (including but not limited to, any act, omission, neglect or default on the part of Atomic Events employees) whether such loss or damage results from breach of contract, delict, negligence or any other cause whatsoever.
9.2 Without in any way limiting or derogating from the provisions of clause 9.1 above, Atomic Events shall further not be liable to the Customer for any damage, loss, liability or injury of whatsoever nature and howsoever arising that may result from any vis maior (i.e. irresistible, overpowering act of God that causes damage or disruption) or casus fortuitous (i.e. an accident against which due prudence could not have provided), including but not limited to unforeseeable interruptions in electricity, strikes, acts of war, interruption of transport, flood, storm or fire.

10. CUSTOMER’S OBLIGATIONS
The Customer shall:
10.1 ensure that all addresses of venues, set up dates, job dates and Equipment specifications are correct and accurate.
10.2 provide access to the venue or site for delivery of the Goods and/or Equipment and provision of the Services (if applicable) and accepts sole liability for any loss or damages it, or its client, may suffer as a result of the delivery and/or the provision of the Services not being completed by the agreed date due to the Customer not providing such access timeously.
10.3 ensure that the venue or site has the required certified electrical power source in the event that Atomic Events is required to provide any installation, set up or operation services.
10.4 inform Atomic Events within a reasonable time of delivery of the Equipment or Goods of any problems with the Equipment or Goods or of any repairs or replacements that are necessary.
10.5 provide 24 hour security at the venue for the duration of the period during which the Equipment is supplied.
10.6 ensure that the Equipment is kept secure and maintained in good working order and repair at all times.
10.7 only use the Equipment and/or the Goods for the purpose for which it is leased or manufactured in conformity with all legislation in force in the country where such Equipment is being utilized.
10.8 not alter or in any way tamper with the Equipment and shall only allow authorized representatives of Atomic Events to repair, disassemble or modify the Equipment.
10.9 allow Atomic Events or its representatives or agents access to the Equipment at all reasonable times for any purpose whatsoever.
10.10 be responsible for any loss or damage to the Equipment while the Equipment is being utilized by the Customer.
10.11 be responsible for obtaining all necessary permits or permission and shall inform Atomic Events, in writing, that such permits or permission have been obtained.
10.12 ensure that fresh drinking water is available at the venue.
10.13 provide all and any specific music required and shall ensure that it has a valid license for such music.
10.14 abide by all health and safety laws and regulations when utilizing the Equipment and/or the Goods and understands that Atomic Events shall have no liability or responsibilities in this regard.
10.15 at the request of Atomic Events, inform the owner of the venue, in writing, that the Equipment is owned by Atomic Events. In this regard Atomic Events reserves the right to contact the owner personally to ensure that he is aware of its ownership of the Equipment.
10.16 not sub-lease or surrender the Equipment to any third party.

11. CONFIRMATION AND CANCELLATION OF ORDER
11.1 We require a 50% non refundable deposit prior to the event to confirm the booking, and the balance in full, prior to the date of event by EFT or cash only.
11.2 The balance of the payment must be paid well in advance of the event, that is, no later than 72 hours before the event, and that it will need to reflect in our account before the equipment and/or crew can be confirmed.
11.3 In the event of cancellation of the whole order, or a portion of the order, with less than 7 days prior to the Event, the 50% deposit (of the cancelled portion) will be retained.
11.4 In the event of cancellation of the whole order, or a portion of the order, with less than 72 hours prior to the Event, a 100% cancellation fee will apply.

12. BREACH
Should the Customer breach any of these terms and conditions, Atomic Events shall, at its election and without prejudice to any other rights which it may have in law, have the right to:
12.1 cancel the contract forthwith, without notice to the Customer, and remove and repossess the Equipment and/or the Goods (if not paid for in full) and recover all damages which Atomic Events may have suffered consequent upon such cancellation; or
12.2 abide by the contract and recover from the Customer payment of the balance of the Contract Price then outstanding which shall immediately become due and payable.

13. JURISDICTION OF THE MAGISTRATE’S COURT
Atomic Events may at its option and notwithstanding that the amount of its claim exceeds the jurisdiction of the Magistrates Court, be entitled to institute action in such a Court. Nothing herein contained shall invalidate Atomic Events right to proceed in any other Court of competent jurisdiction.

14. ATTORNEY AND OWN CLIENT COSTS
The Customer shall pay all the legal costs incurred by Atomic Events on an attorney and own client basis, including collection commission and tracing agent’s fees, should Atomic Events take any legal steps against the Customer for the enforcement of any of its rights.

15. CHOSEN ADDRESS FOR SERVICE OF NOTICES
15.1 The Customer and Atomic Events hereby choose domicilium citandi et executandi (i.e. the address for the service of all notices and documentation) at the addresses stated on the quotation and purchase order.
15.2 The Customer must notify Atomic Events in writing should it wish to change such domicilium address.

16. GENERAL
16.1 If any of the terms and conditions herein contained shall be invalid, the same shall not invalidate the remainder of the contract.
16.2 This agreement shall be governed by the laws of the Republic of South Africa.
16.3 No concession, latitude or indulgence allowed by Atomic Events to the Customer shall be construed as a waiver or abandonment of any of its rights hereunder or act as any estoppels against Atomic Events.
16.4 A Certificate signed by a director or manager of Atomic Events (whose appointment it shall not be necessary to prove) shall constitute prima facie proof of the amount owing by the Customer to Atomic Events.
16.5 Atomic Events shall have the right to use photographs or videos of goods designed and/or manufactured or events staged as marketing material, including online and print.