Birchwood Studio and Events - 1351 Old Charlotte Pike Dickson, TN 37055 - Phone: (615) 512-0631
This Agreement is made effective by Client and Birchwood Studio and Events, hereafter referred to as 'Company' of 1351 Old Charlotte Pike Dickson, TN 37055. Client desires to employ the services of Company. Therefore the parties agree on the following:
1. Company agrees to perform faithfully, professionally and to the best ability, all of the duties that may be required by the express and implicit terms of this Agreement. Such duties shall be provided as specified on the reservation document.
2. Compensation: As compensation for the services provided by Company, Client agrees to pay the price specified on the reservation document. A 50% deposit is required at the time of booking to execute this contract with the remaining balance due one week prior to the event. Any failure on the part of the Client to fulfill the payment requirement will nullify this Agreement.
3. Term/Termination. This Agreement may be terminated by either party up to 15 days prior (where possible) to the performance without penalty. No refunds are available if Client cancels. A full refund shall be given should Company cancel.
4. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States Mail, Postage Paid, addressed as listed below.
5. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.
6. Amendments. This Agreement may be modified or amended, if the amendment is made in writing and signed by both parties at least 15 days prior to the performance. No modifications may be made after that date.
7. Sever ability. If any provisions of the Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid or enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
8. Waiver of Contractual Right. The failure of either party to enforce any provisions of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
9. Special considerations for outdoor performances. The Client shall provide adequate shelter to protect the Service Provider and the Service Provider's Equipment from: direct sunlight, rain, snow and winds in excess of 10 miles per hour. This can be in the form of a tent, tent/shelter, pavilion or covered stage area that is completely waterproof and protected from the elements. If the ground is wet, a raised, dry platform shall be provided by Client. If outdoor temperatures exceed 85 degrees f., the performer(s) attire may be modified to accommodate climatic conditions. If proper shelter is not provided by Client, or if other weather conditions cause performance to become un-safe then Company may cease performance immediately without refund to client.
10. Electrical Power Requirements. Adequate electrical power is the sole responsibility of the Client. A single, 20-ampere outlet is required to operate the musical equipment and amplifiers(s). This outlet must be a standard, 110-volt, grounded receptacle that is located within 25 feet of the performance site. If an extension cord is required, it must be a grounded, heavy-duty cable constructed from 12-gauge or heavier wire. If a generator is being used by Client, it must provide clean power (Inverter-style generator) that will work properly with Company's sound, lighting and DJ computer system(s). Company makes no guarantees in regards and may cease performance immediately without refund to client, should proper power not be available.
11. Applicable Law. This Agreement shall be governed by the laws of the State of Tennessee .
12. Client waives ownership of any photographic records taken by Company and agrees to permit Company to use any and all images, (in photographic, digital, or electronic format), for promotional purposes, publications, posters, website, or other media, without limitation, and agree not to make any claim for misappropriation of personality, breach of privacy, or other loss or damages against Company in respect thereof.
13. Company is a multi-personnel service and retains the right to assign personnel on an as-needed basis. Company is responsible for providing all personnel needed for the service required.
14. In the event of circumstances deemed to present a threat or implied threat of injury or harm to Company or any equipment in Company possession, Company reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), with the offending party(s) being removed from the premises, then Company may resume (at the sole discretion of Company) performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved and whether Company resumes performance or the event is cancelled as a result of disruption. Client shall be responsible for any and all damages to Company personnel and equipment, should damage occur.
15. CLIENT agrees to provide or pay for all necessary authorizations, facility or management gratuities, licenses, union labor fees, drayage, parking permits or daily storage fees, and other fees or charges as may be required or mandated by the facility, union, local, state, and/or federal regulations, codes, or laws as required to fulfill the terms of this Agreement.
16. CHOICE OF LAW AND VENUE. The laws of the state of Tennessee will govern any dispute arising from or relating to this Agreement. The parties submit to the jurisdiction of the state of Tennessee courts for or in Sumner County, Tennessee, and agree that any legal action or proceedings relating to this Agreement may be brought in those courts.