TERMS AND CONDITIONS
BUY TWO, GET ONE - WEDDING SPECIAL
This "Buy Two, Get One" Offer is made available by Derrick Heydon dba Crown DJ's and is eligible to new bookings only.
The Buy Two, Get One Offer entitles you to purchase 6-hours of DJ Service, a 3-hour Photo Booth rental with booth attendant, and get Cold Sparkler Fountains for your wedding for free. This offer can only be used as a bundle for the same event.
The Company's availability is restricted and it comes on a first come, first serve basis.
The service fee encompasses only those items included in the list of services located on the contract sent by the Company to the Client. The Company will be under no duty to perform its obligations under the contract for the event is signed by both parties and the Client has paid the service fee in full.
After submitting the Booking Form, the Company will send a contract and an invoice to the Client stating the Service Fee applicable to the Event(s). The Client is responsible for making a non-refundable payment in full to the Company within three (3) days of the date of the invoice. The Company shall have no obligations or liability to perform any services until the Company has received the payment.
Services will be sold at the current price when the order is placed. The offer is for six (6) hours of DJ Service, 3 (3) hours of Photo Booth rental with booth attendant and the Client will get (1) cold sparkler fountains for free. The Company will send an invoice which will provide a breakdown of the services provided and a credit will be on the invoice to reflect the discount.
Following receipt of the payment, the Company agrees to reserve the Event Date in the Company's schedule in anticipation of the Client's Event. If the Client cancels the Event, the Company may not have sufficient time prior to the Event date to offer the Company’s services to a different client, or may need to do so at a reduced cost. As a result, the Client and Company agree that (1) it will be difficult to estimate the total amount of damages to the Company in the event that the Client breaches the contract, and (2) that the amount of the Service Fee is the best estimate of the damages to the Company if the Client were to breach this Agreement. As a result, the Company shall be entitled to liquidated damages in the amount of the Service Fee (and entitled to keep any payment made as partial payment thereof) in event of a breach of this Agreement by the Client.
CANCELLATION BY CLIENT
If Client wishes to cancel or reschedule the event or if it becomes impossible for Vendor to render Services Provided due to fault of the Client, the Client shall provide written via email as soon as possible. Vendor has no obligation to attempt to re-book or fill the void created by Client's cancellation, rescheduling, no-show or if it becomes impossible for Vendor to perform the Services Provided due to fault of the Client and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Furthermore, Client is not relieved of any payment obligation for cancelled or rescheduled Services unless both the Vendor and Client agree in writing. For instance, if Vendor is able to secure another, unrelated client for the same Date and Time, then Vendor may choose to, at its sole discretion , to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
CANCELLATION BY VENDOR
(a) In addition to any remedies that may be provided under this Service Agreement, Vendor may terminate this Service Agreement with immediate effect upon written notice to Client, if Client (1) fails to pay any amount when due under this Service Agreement, (2) has not performed or complied with any of the terms of this Service Agreement, in whole or in part, or (3) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. (b) In the unlikely event that the Vendor is unable to perform the Service Provided, Vendor will make every reasonable effort to find a qualified replacement at the agreed upon fees. Should Vendor be unable to find a replacement, Client will receive a full refund.
The Client agrees to confirm the schedule of the Event at least two-weeks prior to the date of the Event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Company by the Client. The Client is responsible for providing the Company with the correct date of the Event, and shall bear the full risk of loss if the Client provides an incorrect Event date to the Company. If the Event is to occur less than two-weeks from the date of booking, the Company shall use the information provided to the Company on the Booking Form as the confirmation of the schedule required hereunder.
NUMBER OF PHOTOS
Number of guests at the Event(s) and their involvement with the Company varies per event. The Company does not guarantee any number of photo for the hosts.
CAPTURE AND DELIVERY
The Client gives the Company permission to collect phone number and email addresses from the guests in order to deliver the images to the individuals in the pictures via text or email message. All images are stored on a cloud-based server that each guest will have instant access to. The determination of images delivered and/or stored on the cloud-based server is left solely to the discretion of the Company.
POST PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Company.
SHOOTING TIME / ADDITIONS
The Client and the Company agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the Event(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client at the Company’s hourly rate for additional time, and such additional time shall be provided by Company based on the Company's availability in its sole discretion.
VENUE AND LOCATION LIMITATIONS
The Company is limited by the rules and regulations of the venue, location and site management for any Event. The Client agrees to accept the results of their imposition on the Company. Negotiation with the venue or site management regarding the application of any rules and regulations is solely the Client’s responsibility; the Company will offer technical recommendations only and shall bear no liability if such rules or regulations prevent the Company from performing all or part of the services.
DAMAGE TO COMPANY PROPERTY
If the services to be provided hereunder involve use of any of the Company's property, including but not limited to the photo booth, tablet computers, or other forms of Company property, the Client agrees that it shall be liable for any damage caused to such property while such property is located at the Event site, including in the event that such damage is caused by any Event attendee or invitee of the Client, except for damage to such property caused by the Company or its personnel. Client agrees that its liability under this section shall not be limited to the liquidated damages otherwise provided for herein.
The Company disclaims any and all liability and the Client agrees that the Company shall have no liability due to causes beyond the control of the Company including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Company, incorrect dates provided to the Company, rendering of decorations, or restrictions of the locations. The Company is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Company disclaims any and all liability, and the Client agrees that the Company shall not be liable for not photographing the entirety of the Event or any specific individual or object present at the Event.
The Client represents and warrants to the Company that it has obtained any and all necessary authorizations, permits, licenses, or other agreements from the Event venue and each and every guest attending such Event, such that the Company has full rights to take and use the photographs in connection with providing the services requested by the Client hereunder. This includes, but is not limited to, any protected intellectual property, such as copyrights, trademarks, rights of publicity, or architecture rights, that may appear in the photographs taken by the Company or its equipment (including any such intellectual property present in the background of such photographs based on the location of the Event venue or the venue itself), and the permission necessary to take and disseminate such photographs. The Client agrees to indemnify, defend, and hold Company harmless for any breach of this section.
The Client agrees that it will not charge Event guests or attendees for services rendered by the Company at the Event. The Client must obtain written permission from the Company prior to selling the photographs taken by the Company or charging any individual or entity for the services provided by the Company. Notwithstanding the foregoing, this section shall not apply to any admission or other type of entrance fee that the Client charges for admission to the Event.
LIMIT OF LIABILITY
(a) In no event shall Vendor be liable to Client or any third-party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages where arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Vendor has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. (b) In no event shall Vendor aggregate liability arising out of or related to this Service Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the Vendor pursuant to the applicable order confirmation. (c) In the unlikely event that Vendor is delayed and the event does not start on time, or time is lost during the event due to equipment malfunction, Vendor will refund a portion of fees paid prorated to an amount equal to the delay. Client agrees that in all circumstances, Vendor's liability will be limited to the Total Cost and the Vendor will not be responsible for indirect or consequential damages.
ATTENDANTS ILLNESS OR INJURY
Should the Company personnel previously assigned to the event become unexpectedly ill or injured, the Company shall make best efforts to secure the services of an alternative local personnel for the event. If the services of an alternative local personnel cannot be secured, then the Company shall promptly reimburse Client any and all Service Fee amounts Client has previously paid to the Company in connection with the applicable Event, and neither party shall have any further obligations or additional liability under this Agreement.
INAPPROPRIATE BEHAVIOR BY GUESTS
If at any point during the Event the Company personnel, in their sole and absolute discretion, determine that behavior of the Event guests, staff, attendees or other person(s) at the Event is inappropriate, threatening, hostile or offensive, including but not limited to behavior that the Company personnel determines make them feel unsafe, harassed or sexual harassed, the Company personnel may immediately cease to provide any further services and leave the Event. In such an instance, the Client will remain fully liable for any sums due, including but not limited to the Service Fee, as stated in this Agreement, and the Company shall be fully discharged of any and all further liability to the Client.
Vendor shall not be liable or responsible to Client, nor deemed to have defaulted or breached this Service Agreement, for any failure or delay in fulfilling or performing any term of this Service Agreement when and to the extent such as failure or delay caused by or results from acts or circumstances beyond the reasonable control of Vendor including, without limitation, sickness, act of God, flood, fire, earthquake, tornado, explosion, governmental actions, war, invasions or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Client covenants and agrees to indemnify, defend and hold the Company harmless from all claims, demands, actions or damage of every kind and nature, including attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by the Company due to any breach of this Agreement by Client or by virtue of the Company providing the services described hereunder to Client, including but not limited to the following occurrences: theft of or damage caused to the Company's equipment, personnel or property at the Event situs by Event attendees, regardless of whether such attendees are personnel of the Client, invitees of Client, or attending in any other capacity, photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of the Company.
The Client covenants that it has acquired all necessary permits and permissions for activities and at all locations for which it has engaged the Company and the Company’s services.
The photographs produced by the Company are protected by copyright. The photographs may not be reproduced, disseminated, or displayed except as specifically provided for herein. The Company retains all ownership and intellectual property rights, including copyright, in and to all of the photographs and images produced in connection with this Agreement and the Company’s services. Upon receipt of payment of the Service Fee, the Company agrees that the Client shall receive a limited license to use, display and disseminate the photographs provided by the Company to Client. Notwithstanding the foregoing, the Client will not receive a license to commercially exploit or in any way alter such photographs, except as may be separately agreed to in writing between the Company and Client. In all instances, the Company name shall be included and credited in each photograph produced under this Agreement.
The Client hereby assigns to the Company, the irrevocable and unrestricted right to use and publish photographs containing images of the Client, guests of the Client, or Event attendees which may be used for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to register the copyright of the same without restriction. The Client releases all claim to profits that may arise from use of images. The Client covenants that it has obtained a model release, in substantially the same form as this section, from each of the persons present at the Event and to the extent that any such model release has not been obtained, the Client agrees that it will fully defend, indemnify and hold the Company harmless from any damages, losses or liability that results from Client’s failure to obtain such model release. Client acknowledges that the Company is relying on Client’s representations herein and has informed all persons present at the Event that images taken by the Company at the Event will be published in an album on the Company’s website.