KC Entertainment's TopSoundDj Performance Agreement - MC, DJ, Karaoke Servicing The Southern Tier CNY; NY, PA, CT, NJ, MA, VT Regions; Wedding, Reunion, Anniversary, Graduation, Prom, Sweet Sixteen, Corporate, Karaoke

This contract is for personal services of KC Entertainment on the engagement described below, made and entered into this _____ day of ________, year of 200_ , by and between the undersigned purchaser of services (hereinafter called purchaser) and KC Entertainment (herein after called “DJ”). The DJ is engaged severally on the terms and conditions of this contract. The purpose, terms and conditions of this contract are as follows:

Sign two copies of this contract; keep one copy and return one copy to KC Entertainment within fifteen (15) business days. If this contract is not fully executed, the playdate cannot be reserved.

As this is a General Contractual Agreement - Regarding Specific Agreements and Amendments - if We Have Made Negotiations Via Phone and/or Email resulting in altering any terms herein in any manner - all changes (ie. negotiated cost/rates etc.) made to this agreement must be agreed to by both parties and must be made in writing, with each alteration marked and signed independently. To simplify - if we've agreed to changes - cross out those specific parts - write in new terms and initial each change. If in agreement, we will initial at each point of reorder and return amended document.

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. In any such event, it will be up to both the DJ and the Purchaser to schedule an alternative mutually agreeable playdate unless the playdate is canceled by the DJ.

If due to unforeseen event such as illness or emergency due to any fault of our own(see exclusions and limitations above and herein generally); we are unable to provide the services we have been contracted to perform and a replacement Dj service is needed; we'll do our best to inform you with sufficient time to locate and negotiate a reasonable service and rate; and within a reasonable time to carry on with event plans. Any monies received will be returned A.S.A.P to be applied to that purpose.

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

All DJ requests will be considered and requests will be made if at all possible. No guarantees can be made with respect to requests however, and all requests are weighed as to appropriateness and overall mood and timing of event flow, especially in those periods not specifically scripted by formality of ceremony and tradition. DJ will make due diligent effort if given adequate notice (all key song requests required for proper performance of any specific dance and/or event formality must be submitted at least 30 days prior to event) of either specific requests and/or genre to be played etc. DJ will re-negotiate rate agreed upon for event if DJ deems such re-negotiation necessary due to cost / time constraints and other factors etc., this includes any overtime which is billed (unless negotiated otherwise i.e. 5/6 hour combined overtime package pricing etc.) at $125 per hour. Four hours is the standard duration of all events, and any additional blocks of time can be negotiated prior to event and in that scenario may not qualify for full overtime rate.

The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. A minimum security deposit of $200.00 shall be paid to secure booking. Remainder of rate agreed upon (total cost of specific contracted DJ services for event) as well as the deposit will be forfeit if purchaser fails to inform DJ of cancellation of event for whatever reason at least sixty-five (65) days prior to the event, this cancellation must be in writing; failure by purchaser to provide due notice in writing of any necessary cancellation and/or rescheduling (if possible, not guaranteed) of event; as stated above will result in the necessary payment of full 'rate agreed upon', to the DJ as if event had been performed and to all's satisfaction. The deposit amount is secured to guarantee the booking date and will be retained 'in any event', unless the booking is cancelled by the DJ upon which the security deposit will be returned to the purchaser. The security deposit will be part of the “Rate Agreed Upon”. In no event will any monies received be returned and any monies due not yet collected will in any event remain due unless event is specifically cancelled by the Dj (see specifics, limitations, and exclusions above and herein generally)

Full Balance of “Agreed Upon Rate,” will be made to KC Entertainment at least (14) business days prior to scheduled event (a 2 day grace period will be allowed for any checks submitted); failure to do this may be considered cancellation with insufficient notice (see above) by purchaser and at any time beyond this date may result in a loss of booked date without relief from any payments remaining due and expected of purchaser as agreed to herein; all dj performance requirements contracted by primary purchaser may be waived and/or result in a required renegotiation of all terms including potential loss of all agreed upon % discounts, possible imposition of any fees initially waived and/or excluded from any previous agreements/quotes (travel fees etc...) as part of specific package inclusion; additionally if late payment is accepted there may be fees accruing each day payment is not received until balance (including any accrued late payment fees) is paid-in-full, may be assessed. Failure to remit balance according to terms as stated above shall waive all contracted dj performance requirements; scheduled event may well be considered an outright cancellation by purchaser and result in forfeit of deposit as well as requiring remainder of full balance due, which shall include any late payment fees accrued according to the contract; these fees shall be reasonable and shall not exceed the returned check fee assessed and accrued per each day balance-in-full remains due (see below) until scheduled event date for a maximum of seven days.

It is understood that if this is a “Rain or Shine” event, KC Entertainment’s compensation is in no way affected by inclement weather, and it is the purchasers onus and responsibility to have a protected indoor alternate location available should extreme weather or rain become a concern; that alternate location MUST be selected PRIOR to setup of equipment in any other location; we provide only ONE primary Setup/Breakdown of Equipment Per Event Without Exception. Tents are not and cannot be considered protected alternate arrangements though they are expected at all outdoor events to reduce potential danger to equipment and from possible electrocution in the event of a sudden downpour; regardless, dj table p. A light drizzle may or may not require shutdown; depending on wind situation and proximity of water exposure (see pavillion/tent etc...minimal roof and wall requirements below). All judgment calls made will be made without duress; dj will not be required to setup under any unwalled outdoor structure lacking solid foundation (wood, concrete - solid, level, and dry) such as tent and/or pavillion that is...both generally and especially during pre-existing rain (see alternate location requirement above), this applies especially to those structures without adequate solid, stable, dry and level foundation/flooring whether wood or concrete etc...the weight of the dj equipment (see table requirements) requires a solid, stable and level flooring at all times; if this is not pre-existing to the structure, adequate pre-preparation of all dj table placement and foundation requirements must occur prior to dj's arrival at event location (any delays to scheduled performance time due to any issues noted herein, especially with regards to lack of reasonable and proper preparation of Dj table/location is the sole responsibility of the purchaser and must be resolved prior to setup of equipment and performance); the aforementioned shall be inspected by the dj for for adequate protection and safety; ground water saturation leaving dj placement/foundation unstable, may be a significant factor during inclement weather and may require shutdown; generally, we will make every effort to carry on with the event if at all possible. A tent's utility simply allows dj minimal protections from sudden downpour and total exposure to water elements; tents and/or pavillions should provide sidewall protections from wind, windblown drizzle and rain minimally at the 3 walls (behind, to the left and to the right of dj table placement - additionally, see table foundation requirements above) surrounding the dj table (if there is any confusion and/or questions regarding this and any other performance requirements, please contact us for clarifications if needed). Every effort will be made to continue the performance; however, safety, liability and protection of expensive equipment is a significant factor in all decisions; generally and in simpler terms, Dj will prefer to be able to carry on with the show if Dj has setup, show has begun, and there is some adequate protections from elements (as noted herein). The Dj’s compensation will not be affected by such cancellation. Any negotiations will occur Prior To Event (see above) and with reasonable time to allow change in plans and protocol; any delays in scheduled performance time due to any of the issues noted above shall be the full responsibility of the purchaser.

We do not offer rain dates and make no guarantees regarding availability of rain dates without exception. In no event will any monies received be returned regardless of any such weather related (see above) hindrance to any scheduled event. For events that simply must go on - as written above - for a performance guarantee we would require proper alternate indoor facility available - all other requirements being equal such as reasonable entry and other listed specific requirements(see above and below)

KC Entertainment will provide ONE primary setup/breakdown of equipment per event without exception (all key details regarding setup and/or specific venue restrictions/requirements must be disclosed prior to booking event - excessive and/or unusual venue and/or setup requirements may result in additional fees and/or possible performance delays). Dj equipment setup requires a minimum of one 15-20 amp circuit outlet. This circuit must be free of all other connected loads, two circuits are preferred. DJ requires that at least a sturdy 6 - 8 foot table (rated to hold up to 135 pounds minimum - see aforementioned foundation/flooring requirments) be provided and at least two hours setup time / one and a half hours breakdown time before and after any show. Any delay in the performance or damage to the DJ’s equipment due to; improper power, insufficient setup/breakdown time, unsafe performance environment and/or unruly guests is the responsibility of the purchaser.

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

The Town of North Sanford, Village of Afton, County of Broome and State of New York shall have venue of such action and that the interpretation and legal effect of this contract shall be governed by the laws of the State of New York.

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.

*(Important Note: All PayPal Payments Must Be Made at least 60 days prior to event date. Additionally, All Prices/Quotes assume a Pre-Factored 5% Cash (check, money order) Discount- All Payments Via PayPal Require the Waiving of that Discount and All PayPal Payments Must Be Adjusted +5%! The amount of that adjustment for each payment will not be subtracted from the quoted balance due but will be added to and subtracted from the remaining balance due at once, the balance due thus remaining constant and as quoted and not in any way reduced by these adjustments but only by the base payment prior to any adjustments; if this is not understood please contact us prior to any PayPal Payments for clarification – Non-Adjusted PayPal Balance Payments Will Not Be Accepted!)

If you agree to these terms (see above*) and would still like to make your payment via PayPal, please send your +5% Adjusted Payment To: kc@topsounddj.com.- * $35.00 fee will apply on all returned checks.

__	50's	__	60's	__	70's/Disco
__	80's	__	90's	__	Top 40
__	Country	__	Rap	__	Rock
__	Big Band	__	Classical	__	Christian
__	Zydeco	__	Spanish	__	Other: ____________________________________________

Additional Features ________________________ (i.e. lights, travel fee, ceremony fee, any additional options)

Agreed Deposit _____________ Balance Due ________________