MOODTOWN SOUND TERMS AND CONDITIONS
Moodtown Sound Obligations
1. Moodtown Sound will deliver and set up the equipment specified (e.g., microphones, mixer, speakers, monitors, stands, etc.) in the package purchased or its equivalent, including all power, microphone, and speakers necessary to use such equipment, unless otherwise specified, all in good working order.
2. Moodtown Sound will provide one sound engineer to set up the equipment in the performance area, run a sound check for performers (if any) and monitor/run sound for the performers for up to three hours of performance time, unless otherwise agreed.
3. Moodtown Sound will disassemble and remove all equipment within one and a half hours after completion of any performance.
4. Upon completion, Moodtown Sound will leave the performance area in the same condition it was provided by Customer.
Customer Obligations
1. Customer will provide the space necessary for the applicable performance, including a flat hard surface in an area of at least 15’ x 15’ unless otherwise agreed. For outdoor events, in the event of possible rain, Customer will provide suitable covering / protection for the performance area and sound equipment or otherwise ensure adequate protection for the performers and sound engineer and equipment.
2. Customer will provide at least 2 three-prong electrical outlets within 10 feet of the performance area, preferably on a circuit breaker with a 20 amp rating.
3. If no outlet is within 10 feet of the performance area, Customer will provide 2 extension cords connected to such an outlet and reaching within at least 10 feet of the performance area.
4. Customer will provide Moodtown Sound with access to the premises and performance area at least one hour prior to arrival of musicians/sound check (if any) and continuing for one hour after completion of the performance.
5. Customer will pay the required deposit and final payment, as well as any overtime agreed between Moodtown Sound and Customer.
6. Customer will request overtime at least one hour prior to the completion of any performance. All overtime will be charged at the rate of $150 per hour (or portion of an hour) unless otherwise agreed.
7. If Customer cancels the event prior to the scheduled date, Customer is responsible for paying the following early cancellation fees, unless otherwise agreed:
8. Customer or performers will provide all performers, musical instruments (including guitars, keyboards, drums, etc.), amplifiers, musical instrument stands, DJ equipment and any other “backline” needed for the performance.
Additional Terms for Small Party Package
For our Small Party Package, Customer also agrees:
1. Moodtown Sound does not provide a sound engineer for this package. Moodtown Sound will deliver, set up and break down the equipment only.
2. All equipment is the responsibility of Customer after delivery and setup, and Customer agrees to use the equipment only for its proper and intended use.
3. Customer will pay for any damage to any equipment cased by the Customer, absent reasonable and normal wear and tear.
Miscellaneous
Each of Moodtown Sound and Customer agree to indemnify, defend and hold the other harmless from and against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of Customer or Moodtown Sound, respectively, or any of their respective representatives, guests, performers, employees, invitees or contractors in connection with the event or this agreement.
This agreement constitutes the entire agreement between the parties with respect to the subject matter contained in this agreement and supersedes all prior agreements and understandings, whether written or oral, between the parties concerning such terms. If any provision of this agreement is held invalid or unenforceable by any court of law, the remaining provisions of this agreement shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included herein.
Neither party shall be liable, and its performance (other than any failure to pay amounts due hereunder) shall be excused, for any delays resulting from circumstances or causes beyond its reasonable control, including without limitation, fire, inclement weather or other casualty, act of God, strike or labor dispute, war, sabotage, terrorism, pandemic, acts of aggression or other violence (a “Force Majeure Event”) provided such party uses its commercially reasonable efforts to mitigate its effects and gives prompt written notice to the other party.
This agreement is governed by the laws of the state of California.