Terms and Conditions
Russell Pro DJ operates using the following Terms and Conditions.
BY ACCESSING AND USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THIS AGREEMENT. IN ADDITION, WHEN USING THESE SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ANY PARTICIPATION IN OUR SERVICES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE OUR SERVICES.
1. Russell Pro DJ will provide and comply with times and services outlined in the confirmation document supplied to the client, any changes or corrections to the confirmation must be notified to Russell Pro DJ within 7 days of receipt, non notification within this time will constitute acceptance.
Once a booking has been confirmed with the ‘Client’ and ‘Russell Pro DJ’ Verbally, Electronically or in Writing, both parties will be subject to a legally binding contract with the following non-negotiable ‘Terms and Conditions’.
This ‘Contract’ may be modified only with agreement from all parties concerned.
The services we provide are intended for use of our clients only, no part of our website or our service may be altered, copied, displayed in public, broadcast or used for any business purpose without our consent.
1.2 Russell Pro DJ should be notified of any changes to event date or times at least 14 days prior to the date of event. Where it is not possible to give notification in advance and amend the contract prior to the event (E.g. on the day itself), changes should be agreed between ‘Russell Pro DJ’ and the ‘Client’ at the earliest opportunity.
2. DEPOSIT AND BALANCE PAYMENTS
BOOKINGS ARE NOT CONFIRMED UNTIL THE REQUIRED DEPOSIT PAYMENT HAS BEEN RECEIVED AND A CONFIRMATION DOCUMENT SUPPLIED TO THE CLIENT, UNTIL THIS TIME THE DATE IS NOT SECURED AND MAY BE REASSIGNED WITHOUT PRIOR NOTICE.
BOOKING DEPOSITS ARE NOT REFUNDABLE UNLESS *EXCEPTIONAL CIRCUMSTANCES APPLY.
UNLESS AGREED OTHERWISE AND CONFIRMED IN WRITING ALL DUE BALANCE PAYMENTS MUST BE PAID IN FULL 7 DAYS PRIOR TO THE EVENT DATE AS OUTLINED IN THE CONFIRMATION DOCUMENT, NON PAYMENT OF ANY BALANCE DUE BEFORE THIS DATE MAY RESULT IN CANCELLATION OF THE BOOKING BY RUSSELL PRO DJ.
2.1 INVOICE PAYMENTS
Invoice payments are due within 30 days of receipt of the Invoice, non payment within this time may result in additional charges and legal action to recover any outstanding balance due.
2.2 If on the day of the event ‘Russell Pro DJ’ has been asked and agrees to perform later than the agreed finish time specified in the ‘Booking Confirmation’ an additional surcharge of £50 per hour (or part thereof) should be paid to 'Russell Pro DJ’ on the day of the event.
If the timings of the event are overrunning due to no fault of 'Russell Pro DJ', ‘Russell Pro DJ’ is under no obligation to finish later than the time specified in the ‘Confirmation’ and is still due full payment.
Except where *‘Exceptional Circumstances’ applies notification of cancellation must be provided in writing.
Where the ‘Client’ has cancelled the booking for reasons other than those outlined in ‘Exceptional Circumstances’ cancellation fees shall apply and are based on the following:
• Where cancellation is made within 48 hours of the event date the full booking fee will be due to ‘Russell Pro DJ’.
• Where cancellation is made within 7 days of the event date 75% of the total remaining booking fee is due to ‘Russell Pro DJ’.
• Where cancellation occurs within 14 days of the event Date 50% of the total remaining booking fee will be due to ‘Russell Pro DJ’.
All Client cancellation fees must be paid in full directly to ‘Russell Pro DJ’ within 14 days.
If for any reason, there is a failure of payment of any due fees owed within 30 days after the date of the event legal action will be initiated in order to recover any outstanding debt, including any costs, interest, and related compensation accrued because of late payment.
If ‘Russell Pro DJ’ has cancelled for reasons not covered in *‘Exceptional Circumstances’, the ‘Client’ may pursue legal action.
2.4 *EXCEPTIONAL CIRCUMSTANCES:
No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature including Fire, Flood, Storm, or other Natural Disaster, War, Terrorist Activities, Death, Illness or other Incapacity certified by a properly qualified medical practitioner, Pandemic, Epidemic, Accident, Civil Commotion, Order of Government or Local Authority having jurisdiction in the matter or changes in law.
Any party asserting 'Exceptional Circumstances' so as to negate liability shall have the burden of proof and justifying that they took preventative action wherever possible to counteract the circumstance. If successfully proven then the cancellation fees outlined in 'Cancellations’ shall be unenforceable.
If a booking is cancelled and both parties have agreed that cancellation, the ‘Client’ will forfeit any rights to use our services on that date, regardless of any deposits or cancellation fees paid to Russell Pro DJ.
3. USE OF SUBSTITUTE DJ OR SERVICE PROVIDER:
Russell Pro DJ reserve the right to supply a substitute DJ company or Service Provider if uncontrollable circumstances necessitate doing so, under these circumstances Russell Pro DJ will not be liable for non-fulfilment of this contract by the client and/or the attending DJ or Service Provider.
Forward transport recovery to the venue will be in place, however in the event of mechanical breakdown or unforeseen personal injury or illness that would result in an unacceptably late arrival, Russell Pro DJ will use all reasonable resources to provide a replacement DJ or Service Provider. In the unlikely event of a non performance a full refund will be awarded, please note this will be the limit of Russell Pro DJs liability.
A reduction in fee for the use of an ‘Alternative DJ or Service Provider’ is not applicable and neither does it constitute grounds for cancellation.
If the ‘client’ is not prepared to accept the ‘Alternative DJ or Service Provider’ they must not allow performance of any kind or the full booking fee must be paid to the attending ‘DJ or Service Provider’.
Additionally, ‘Russell Pro DJ’ is liable for any cost differences between the fee for their performance and any ‘Alternative DJ or Service Provider’ arranged by ‘Russell Pro DJ’. The substituted DJ or Service Provider will only be liable up to and not exceeding the contracted fees, the substituted DJ will conduct themselves in a proper manner throughout their attendance at the venue and will respond to Management's wishes regarding volume levels, positioning of equipment and any other reasonable requests.
4. SUPPLIED EQUIPMENT
Russell Pro DJ operate high quality, regularly serviced, and well-maintained sound and lighting equipment, and supply backup equipment, in the unlikely event of any equipment failure, an on-site repair or substitution will be attempted. If there is an irreparable breakdown in lighting equipment which significantly affects the performance, a partial refund may be awarded, in the event of an irreparable breakdown in sound equipment which prevents the continuation of the performance a full refund may be awarded.
4.2 The Client will be held responsible for any damage to 'Russell Pro DJs' equipment caused by any person invited, or uninvited, present at the event and will be charged for the full cost of any repairs, or replacements required. The Client will be advised wherever practically possible of any damage immediately it occurs.
4.3 Lighting, sound, and any other equipment supplied by Russell Pro DJ may not be moved, adjusted, or in any way used, by other entertainers or by any other person except with the express permission of the attending DJ or Operator prior to the event.
Russell Pro DJ will not be held responsible for any damage or loss to private or public property, caused by any other persons present at the event.
5. ZERO TOLERANCE
Russell Pro DJ will not tolerate violent, aggressive, or abusive behaviour under any circumstances.
Russell Pro DJ and any attending employees or associates reserves the right to terminate our services without penalty at any time and without prior notice, if we feel our personal safety is threatened. The ‘Client’ will be liable for the total fees due.
It is not our responsibility to remove any unwanted, unruly, or disruptive persons from any venue, Russell Pro DJ will notify both venue management and Client of any concerns we may have in this respect, with invited or uninvited persons present.
6. PHOTO BOOTH:
Russell Pro DJ will not be held responsible for any explicit, inappropriate, images or unruly behaviour used in our Photo Booths and will endeavour to remove any such content from supplied media and online content.
Russell Pro DJ reserve the right to terminate Photo Booth operation at any time and without prior notice if we feel the safety or well-being of our employees or the public may be at risk.
Drinks and food are not permitted in our Photo Booths or within close proximity to any electrical equipment supplied by Russell Pro DJ. Russell Pro DJ will not be held responsible for any damage or injury caused by drinks or foodstuffs to any person or personal belongings present.
The Client will be held responsible for any damage to or significant loss of equipment or props caused by invited or uninvited persons at your event and the client may be charged for any replacement or repair necessary.
All Photo Booth systems require a setup area of 4 Metres by 4 Metres, It is the responsibility of the Client to ensure when booking any Photo Booth package that the Venue has adequate space and provisions for the safe installation and operation of any Photo Booth equipment. If the safe installation and operation of Photo Booth equipment is not possible due to lack of adequate space at the Venue the Client will be liable for the full fee due.
7. PHOTOGRAPHIC AND VIDEO MEDIA:
Selected Photographic or Video media from your event may occasionally be used by 'Russell Pro DJ' for promotional purposes, it is not practical or sometimes possible for Russell Pro DJ to contact every one of your guests to acquire consent for the use of media, it is therefore the responsibility of the client to ascertain and acquire consent of guests to use this media, if any of your guests do not wish us to use media from your Photo Booth or Disco event please notify us at the earliest opportunity.
Russell Pro DJ do not use media from children's parties or school events for promotional purposes, however children may sometimes appear in long distance or group images.
Images from Photo Booth Events are published on our Website and Galleries at the client's request it is therefore the responsibility of the client to secure the consent and permission for the use of these images from any individuals present at these events or featured on the provided media.
Photo Booth clients have the option for their media to be password protected and hidden from public view if they prefer for added security, Russell Pro DJ always recommend this precaution for Children's Parties and School Events.
8. CHILDREN'S PARTIES AND SCHOOL EVENTS:
Children and Minors under the age of eighteen must be supervised by the Client, a Named Nominee or Responsible Adult at the Photo Booth and Disco location whilst it is in operation AT ALL TIMES.
Russell Pro DJ will not be held responsible for any accident, injury or any detrimental effect on our performance or services due to unsupervised Persons, Children or Minors under the age of eighteen during the course of our business.
9. SETUP AREA & REQUIREMENTS:
If you are booking other entertainment for your event please consider the amount of space available and where to position the Disco, Photo Booth or any other equipment supplied by Russell Pro DJ, a minimum footprint of 5 Metres by 3 Metres is required per disco system, and 4 metres by 4 Metres for Photo Booth Systems, if available space is restricted it may be possible to reduce the required area, however please be aware this may necessitate the use of amended or substituted equipment.
Each system will require between 1 to 5 hours to setup dependant on system requirements and a similar amount of time to pack away and exit the venue at the end of the performance. Russell Pro DJ will arrive at your venue in adequate time to allow booked equipment to be setup safely and correctly. If for any reason we are unable to gain access to the setup area or are unable to begin the setup process, the same amount of setup time will still be required and Russell Pro DJ will not be held responsible for any delay in the start of your event or any part of it, the full fee will be payable by the client.
The ‘Client’ must ensure that the performance venue is able to provide a safe source of power, a safe performance area, and that they can accommodate the performance of ‘Russell Pro DJ’ by possessing appropriate licenses.
If non-performance or a below par performance results due to venue restrictions, the ‘client’ will still be liable for the total fees.
The ‘client’ should ensure these requirements are investigated prior to the confirmation of any booking and any relevant information disclosed to ‘Russell Pro DJ’, it is also the responsibility of the ‘Client’ to ensure that ‘Russell Pro DJ’ is provided with free parking facilities at the performance venue for all vehicles associated with their attendance. Should no free parking be available the ‘Client’ is liable for any parking charges incurred.
9.3 NOISE LIMITERS
If your venue has Noise Limiters installed Russell Pro DJ must be informed at the earliest opportunity, we will not be held responsible for any detrimental effect Noise Limiters have on the event.
The Venue will be liable for the full cost of any damage to computer systems or any other equipment connected to Noise Limiters resulting from there use.
9.4 IF YOUR EVENT IS TAKING PLACE IN A MARQUEE OR TEMPORARY STRUCTURE:
The performance area must be dry and watertight, and an adequate power supply must be provided having been safety checked and meeting all relevant Health and Safety Regulations. If these conditions have not been adhered to and the attending DJ or employee of Russell Pro DJ considers the safety of themselves or others to be at risk, a photographic record of the safety issue will be taken and the DJ may refuse to perform, the full booking fee will be payable by the client.
Under Government Health & Safety laws, we can refuse to perform in any unsafe venue where the safety of ourselves or the public may be at risk, should this be deemed necessary the booking will be terminated and the full booking fee payable.
It is a condition under the Public Liability Insurance Policy that the venues in which the DJ or Employee may work, have their own Public Liability Insurance for the duration of the event including for setting up and removal of equipment, and any other preparations.
All equipment required for the event will be checked during setup, and has previously been fully tested for electrical safety.
If 'Russell Pro DJ' are requested to link our equipment to a fixed in-house audio or lighting system, we reserve the right to refuse to do so if the equipment is considered to be unsafe, or liable to cause damage to any of our equipment connected to it.
The Venue will be held liable if post inspections identify that, any damage has been caused by faulty equipment other than our own, managed or maintained by the venue.
9.5 In the occurrence of any emergency or threat to the public notified to us by management or employees of the venue, we will when practically possible and safe to do so make an announcement to vacate the building by the nearest exit.
In the event of a dispute or complaint from the ‘Client’, the issue must be put in writing and forwarded to ‘Russell Pro DJ’ within 28 days of the event.
Russell Pro DJ reserve the right to alter any or all of the above at any time without prior notice.