BIGBOI AUDIO ENTERTAINMENT
SERVICE AGREEMENT

Effective Date: January 1, 2022

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This Agreement for Services (the “Agreement”) is by and between Client (“Client”) and BigBoi Audio Entertainment (“BigBoi”, “Company”) (collectively the “Parties”).

 

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Client hires BigBoi, and the Company agrees to provide Disc Jockey services (“DJ” services) to Client under the terms and conditions hereby agreed upon by the parties:

1. DESCRIPTION OF SERVICES. Client hereby agrees to engage BigBoi to provide DJ services (collectively, the “Services”) to be performed at the Client’s event. Services shall consist primarily of providing musical entertainment by means of a recorded music format. Services may also include a minor lighting design to accompany the musical entertainment provided by Company.

2. PERFORMANCE OF SERVICES.

   1. BigBoi shall arrive at the event location one hour before the starting time to set-up and conduct sound check. The Company’s playlist shall have unlimited songs from both latest and older charts. BigBoi shall incorporate guest’s requests into the playlist unless otherwise directed by Client. Music shall be played without any breaks unless requested by Client. Time is of the essence. Requests for extended playing time beyond the agreed-upon hours of service shall be accommodated, if feasible, for an additional charge.

   2. BigBoi shall be familiar with indoor and outdoor set-up and sound mixing. The Company shall provide multi-color lighting for dance floor area. The Company shall have quality microphone and sound system.

3. TERM. The Client and BigBoi agree that the Agreement between Parties is for Services that shall commence on the agreed upon time and date.

4. PAYMENT.

   1. The Client agrees to pay BigBoi, in consideration of the Services contracted for, the sum which was agreed between Parties, along with a NON-REFUNDABLE retainer fee equal to the price of one hour, prior to any discounts or promotions. The remaining balance to be paid on the date of the event, unless payment arrangements have been previously agreed and set between Parties.

   2. Any Services requested that exceed the agreed time period and which are granted by the Company will be charged at the rate of $60.00 per hour.

   3. If any invoice is not paid when due, a late charge of $10 will be added every 90 calendar days starting from the due date. The Client shall pay all costs of collection, including without limitation, reasonable attorney fees.

5. CANCELLATION POLICY. All retainer fees are non-refundable. Cancellation of Company Services by Client which is received in writing more than 21 days prior to the event will result in a refund of any monies paid, less the retainer fee. Cancellation of Company Services received less than 10 days prior to the event obligate Client to make half remaining payment of the total fees agreed upon. If cancellation is initiated by BigBoi all monies paid to the Company from Client shall be fully refunded INCLUDING retainer fee. Any refund shall be initiated from BigBoi to Client approximately 30 days from refund approval.

6. INDEMNIFICATION. BigBoi agrees to indemnify and hold Client harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgements that may be asserted against Client that resulted from the acts or omissions of the Company and/or Company’s employees, agents, or representatives.

7. WARRANTY. The Company shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Company’s industry and region, and will provide a standard of care equal to, or superior to, care used by service providers like BigBoi on similar projects.

8. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:

   1. The failure to make a required payment when due.

   2. The insolvency or bankruptcy of either party.

   3. The subjection of any of either’s party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

   4. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

9. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

10. FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis (e.g. COVID-19), including quarantine or other employee restrictions, fire, explosion vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, representatives, or affiliates.

11. DISPUTE RESOLUTION.

    1. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

    2. Alternative Dispute Resolution (ADR)- Any controversies or disputes arising out of or relating the Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to the by law.

12. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, less monetary fees and payments, whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

13. SEVERALBILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will 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 provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

14. AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Alabama.

16. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person of by certified mail, return receipt requested, to the address one party may have furnished to the other in writing.

17. WAIVER OF AGREEMENTUAL RIGHT. The failure of either party to enforce any provision 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.

18. SIGNATORIES. This Agreement may be signed electronically by the Client and on behalf of BigBoi Audio Entertainment by Administration Liaison and effective on the signed date. If signed in hard copy, it must be returned to the Company for valid record. Electronic signatures count as original for all purposes.

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If you have any questions or comments about this Service Agreement terms, you may email us at

thebigboiaudioent@gmail.com or by post to:

BigBoi Audio Entertainment

3315 Dunn Dr. SW, Apt 8

Huntsville, AL 35805

Phone: 256-614-9591