I. The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Masala Entertainment to find replacement entertainment at the agreed upon fees. Should Masala Entertainment be unable to procure a replacement, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, Masala Entertainment’s liability shall be exclusively limited to an amount equal to the performance fee and that Masala Entertainment shall not be liable for indirect or consequential damages arising from any breach of contract. All deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.

II. No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Masala Entertainment relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only.

III. The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing.

IV. It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.

V. In the event of circumstances deemed to present a threat or implied threat of injury or harm to the DJ or any equipment in the DJ’s possession, Masala Entertainment reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Masala Entertainment shall resume performance in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether Masala Entertainment resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Masala Entertainment reserves the right to deny any guest access to the sound system, music recordings, or other equipment.

VI. Purchaser shall provide Masala Entertainment with safe and appropriate working conditions. This includes a 6-foot by 6-foot area for setup, space for setting up speakers and lighting stands. Masala Entertainment requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ’s equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. Purchaser is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal if necessary (for use of fog).

VII. In the event of non-payment, Masala Entertainment retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Masala Entertainment. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.

VIII. This agreement guarantees that The DJ will be ready to perform at the start time of the engagement. No guarantee is made as to the DJ’s time of arrival; however, the DJ requests that he be permitted 60 minutes before the engagement and 60 minutes after the engagement for setup and takedown. Masala Entertainment also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Purchaser or venue requires Masala Entertainment to complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.

IX. Engagements within Central Ohio will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $0.50 per mile in excess of 30 miles. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for the DJ to be provided by Purchaser.

X. By executing this contract as Purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.

XI. All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.

XII. The laws of the State of Ohio shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Franklin County. Purchaser agrees to defend, indemnify, assume liability for and hold Masala Entertainment harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to The DJ’s performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney’s fee and court costs of the prevailing party.

XIII. Purchaser may not transfer this contract to another party without the prior written consent of Masala Entertainment. This agreement is not binding until signed by both Purchaser and Masala Entertainment has received it. Any changes must be written and signed by both the Purchaser and Masala Entertainment. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.

XIV. Masala Entertainment may elect not to exercise their rights as specified in this agreement. By doing so, Masala Entertainment does not waive their right to exercise those options at a future date.