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Service Agreement

GENERAL SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT (the "Agreement")  dated this ________________ day of ________, ________

BETWEEN:

_________________________ of _________________________
(the "Client")

- AND -

Best Man Entertainment of Eau Claire, WI
(the "Contractor").

BACKGROUND:

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

  2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

Services Provided

  1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:

    • Entertainment, music, equipment rental and lighting services for wedding or event.

    •  The Contractor hereby agrees to provide such Services to the Client.

Term of Agreement

  1. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.

  2. In the event that either Party wishes to terminate this Agreement prior to completion of the Services, that Party will be required to provide at least 7 days' notice to the other Party. No refund will be issued.

Performance

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. *Best Man Entertainment reserves the right to end any performance early due to hazardous weather, safety concerns, illegal activity, or issues with guests/patrons that interfere with performing the event. 

  2. Best Man Entertainment strives to provide the best performance possible however, on the occurrence of another DJ performing besides Paul Blaul, the client acknowledges that they have been informed of the risks associated with another DJ performing. The client is agreeing to not take negative or legal action that may damage the reputation of Best Man Entertainment based on the performance of another DJ. The client is also aware and accepts that no type of refund will be issued for any reason. 

Currency

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.

Compensation

  1. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor as follows:

    • A deposit for half of the total services provided is required at time of booking and remaining balance is due 90 days before the date of the event. The deposit is nonrefundable.

    • Travel costs will be required and mileage will be billed at a rate of $0.6/mile from our office location in Eau Claire, WI (subject to change to adjust for inflation and fees). *If agreed upon by the contractor in written form (prior to making payment to complete booking) mileage may be billed from Redding, CA or San Diego, CA to help make things more economical for a potential client. This balance will not be included as part of the deposit and will be listed on the invoice that is due 90 days before the event. If the event is more than 2 hours drive time from the listed address of the contractor, hotel costs may be added to the costs of travel and will be listed on the same or different price quote as the mileage. The office location 

    • The deposit will be non-refundable if you choose to cancel your event. If your event is canceled, notice must be provided one month before the scheduled event via email and/or phone call. Failure to provide notification will result in the total amount of the event to be billed. If required, full payment must be made in a timely fashion, limited to one month before the scheduled event was supposed to occur. After that time, legal action will be taken, and it will be billed to the account holder with the delinquent balance. This includes the costs associated with filing fees, retainer/ attorney fees, as well as any other court cost.

    • Payment will also be required for any damage caused to property of Best Man Entertainment. This will include the costs associated to replacing the item as well as the time spent involved to resolve the issue -billed at hourly rate of $100. (Costs may include: Shipping costs, mileage, the damaged item's full retail value, any disposal costs for the damaged property, and any loss of business caused by not being able to provide services because of a lack of equipment)

  2. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

Refund/Return policy

1. Refunds may take up to 90 days and will only be granted if proper notification is given to the owner of Best Man Entertainment. This timeframe is non-negotiable and upon booking, the client agrees to these terms.

2. Any costs associated with the returning of funds to the client will be the responsibility of the client and will be deducted from the return amount.

Reimbursement of Expenses

  1. The Contractor will be reimbursed for expenses incurred by the Contractor in connection with providing the Services of this Agreement. This includes any service fee associated to the booking including but not limited to: third party payment method fees, valet parking fees, tolls etc. 

Additional Resources

  1. The Client agrees to provide, for the use of the Contractor in providing the Services, the following resources:

    • The client will provide all of the information required for their specific event a month before the event is scheduled, to ensure that all expectations are met during the time of the event.

Ownership of Materials and Intellectual Property

  1. All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

  2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Capacity/Independent Contractor

  1. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Notice

  1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: 
                                                                                  Best Man Entertainment                                                                                                                                                                  P.O. Box 1865                                                                                        Eau Claire WI, 54702

Indemnification

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the client agrees to indemnify and hold harmless the contractor , and its respective affiliates, officers, agents, employees, subcontracted parties, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Legal Expenses

  1. In the event that legal action is brought to enforce or interpret any term of this Agreement, the contractor will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

Modification of Agreement

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if approved by the contractor. 

Time of the Essence

  1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

  1. The Contractor may assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

  1. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

Titles/Headings

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

  1. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Wisconsin, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________________ day of ________, ________.  

 

 

_______________________________
______________________(Client)

 

Best Man Entertainment

Per:____________________________ (Seal)

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