Your purchase of services from Tommy Sax Ireland (here known as the 'FIRM ') is subject to these terms and conditions of service. The party hiring the services will be known as the' CLIENT'. By contacting the FIRM, accessing and or using the website you accept these terms and agree to be bound by them and an agreement is formed between the FIRM and the CLIENT. If you do not accept these terms, you must refrain from using this website or making a purchase from this website and or the FIRM. This contract is subject to change with notification to the buyer/ CLIENT, we reserve the right the alter this contract at any time. 

 

1. The CLIENT hereby engages the FIRM to act as an agency to book musicians to provide a musical performance service at the agreed location.

2. The ‘FIRM’ hereby agrees to supply musicians to provide a musical performance service for the CLIENT at the agreed location. The said musical performance service shall consist primarily of providing musical entertainment by means of a recorded music format.

3. The FIRM reserves the rights to record video of the event and also take photographs, both which may be used for promotional purposes.

4. The CLIENT must advise the FIRM in writing if they do not wish photography and/or videography to be placed on social media.

5. To have no media placed on social media the CLIENT must advise the FIRM no later than 2 business days before the event.

6. The FIRM reserves the right to use any photography/videography on social media platforms if the CLIENT has not provided in writing a requested to not do so.

7. The FIRM reserves the right to share images of the DJ & console, performers and the venue on social media platforms.

8. The CLIENT agrees that once the event has transpired any and all images remain the right and property of the FIRM.

9. The FIRM reserves the right to take Photography & Videography as evidence for the work being completed. If a dispute arises the FIRM reserves the right to share the link on social media platforms to demonstrate the service provided. Any unused data will be deleted in 12 months if requested in writing.

10. Any disputes are to remain private between yourself and the FIRM, and signed documentation stating that you adhere to this is to be signed before any refunds can be given.  Should you breach this contract by publicly renouncing the FIRM on any third party public forum, social media, online, verbal, printed etcetera, the FIRM retains the right to refuse a refund.

11.  For copyrighted images the CLIENT has also obtained the rights for the FIRM to use said copyright images. Any images that are copyrighted and permission is given to the CLIENT is also extended to the FIRM.

12. The FIRM will aim to supply the musician originally booked as per the inquiry process. The FIRM can, at it’s discretion, supply an alternative musician

13. The FIRM will hold your date exclusively for you. Cancellations must be made in writing or by e-mail.  No telephone cancellations can be accepted.

14. To secure a booking a 50% booking deposit must be paid by the CLIENT at the time of booking to the FIRM, the booking fee is the cost of retaining the FIRMS services. This can be paid by Bank transfer.

15. Payments made by bank transfers must include all the required information to identify said payment. If the CLIENT does not inform the FIRM or does not have the correct description. The booking may not be confirmed. The FIRM will not be liable for non performance. The FIRM will contact the CLIENT to advise that payment has been received. The CLIENT has a duty of care and responsibility to follow-up if payment has been received if the FIRM has not contacted the CLIENT. 

16. If the CLIENT cancels within 60 days prior to the event the cancellation fee is 100% of the remaining /outstanding balance.

17. Cancellation prior to 60 days will result in loss of booking deposit only.

18. All booking fee payments are NON-REFUNDABLE. The CLIENT agrees to revoke any and all claims for a refund on this payment and understands that this payment is NON-REFUNDABLE.

19. The balance of all payments is due to the individual musician(s) DJ's on the night of the event. All payments must be made in cash at the START of the event. Cheque / Credit card or other forms of payment cannot be accepted. Any shortfall in the agreed payment must be corrected on the day of event.  The FIRM is unwilling to make a return visit to the venue or follow up with the CLIENT at a later date to correct this shortfall. Should the booking end time pass, the FIRM retains the right to refuse to continue to play unless remunerated on the agreed-upon hourly rate, the payment must be made as a cash payment in full to the musician(s)/DJ's before the performance is continued.

20. The CLIENT shall ensure that all details given regarding the venue are correct.

21. The CLIENT must indicate what access for the venue is available e.g. stairs, lifts, ramps, car parking etc. It is the CLIENT’S  responsibility to ensure the equipment /service booked is suitable for use at the event venue. No refunds, part or full, will be given for non-use of specific equipment that cannot be used due to any venue restrictions imposed. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the CLIENTS’S responsibility to inform us of any access restrictions that may impede set up or restrict equipment use.

22. The FIRM will not be held responsible for reduced playing times or a later than agreed start time due to delays in the serving of the meal, lengthy speeches, absence of an area to set up in, previous acts over running or any other factor outside of the musician(s) / DJ's control. Any delays that coincide with our expected playing time are considered to be part of the playing time.

23. For after the main act package the Musician(s) /DJ's set up will occur when the main act is taking their half set break or nearing the end of their set. For main act package set up will occur after the meal and speeches have finished unless otherwise agreed. It is understood that set up may take up to 45 mins depending on the equipment requirements of the room . This time will generally coincide with the turnaround of the room by banqueting staff for the evening reception. Certain hotels and venues request an early set up. Early set up can occur if convenient for the musician(s) /DJ's. An additional early set up charge will apply unless otherwise agreed.

24. If the CLIENT decides to ‘down grade’ their package by the number of performers or duration/time of the original booking the original fee will still apply.

25. The FIRM is not liable for any failure to supply a product or service where that failure is caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, natural disasters and acts of God. If such circumstances arise, all reasonable efforts will be made by the FIRM to find replacement entertainment at the agreed upon fees. Should the FIRM be unable to procure a replacement the CLIENT shall receive a full refund of any booking fee paid. The CLIENT agrees that the refund will be the full extent of damages he or she is entitled to and no further damages may be sought against the FIRM. This is the extent of the FIRM’S liabilities. The CLIENT agrees to this when entering this contract. 

26. The FIRM  is not liable for any damage to the venue; any potential hazard must be pointed out by the CLIENT or the venue staff at the time of set-up. 

27. The CLIENT agrees that they have a duty of care to ensure all guests properly conduct themselves at all times and do not enter the DJ booth, use any of the equipment or place drinks in the vicinity of the booth and/or on speakers. The FIRM reserves the right to deny any guest access to the sound system, music recordings, or other equipment. If guests or patrons do use equipment without consent, all items will be retested at the cost to the CLIENT. Unauthorised use of equipment may result in the cessation of the entire performance with the FIRM terminating this contract without liability to the FIRM. All equipment will be retested and tagged at the CLIENTS expense.

28. We do not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problems that we may have in this respect with any of your guests.

29. A written music request list must be received from the CLIENT at least six weeks prior to the date of the event for it to be included in the musicians programming guidelines. With or without the aid of a music request list, the musician(s) shall attempt to play CLIENT'S music requests but shall not be held responsible if certain selections are unavailable. 

30. Should the CLIENT, conduct any deceptive and/or fraudulent activity that the FIRM deems is fraudulent, the FIRM reserves the right to cancel all services without any refund. The CLIENT will subsequently be banned from any future bookings.

31. It is understood that if this is a “Rain or Shine” event, the musicians’ compensation is in no way affected by inclement weather. For outdoor performances, CLIENT shall provide overhead shelter for set-up area. The musicians reserve the right to stop or cancel the performance should the weather pose a potential danger to them, their equipment, or audience. Every effort will be made to continue the performance however safety is paramount in all decisions. The musicians’ compensation will not be affected by such cancellation.

32.  In the event of non-payment, the FIRM retains the right to attempt collection through the courts. The CLIENT will be held responsible for all court fees, legal fees, and collection costs incurred by the FIRM. The CLIENT shall be charged for each bounced cheque plus a service charge for each collection notice.