Bagay Nef Productions - Contract Terms and Conditions
Section 1: General Provisions
1.1. The services to be provided by Bagay Nef Productions are specifically for the event type specified and none other. If the event type is other than specified, Bagay Nef Productions reserves the right to terminate performance.
1.2. The date of the event is not reserved until this Booking Contract or a Retainer Agreement is submitted with the contract signing fee to Bagay Nef Productions. The client will be informed if others are interested in the date of the event specified in this Booking Contract.
1.3. This Event Booking Contract shall be excused by detention of personnel by sickness, accidents, riots, strikes, epidemics, Acts of God, Force Major, Acts of War or any other legitimate condition beyond Bagay Nef Productions's control. If such circumstances arise, all reasonable efforts shall be made by Bagay Nef Productions to find a replacement entertainment at the agreed upon fees. Should Bagay Nef Productions be unable to procure a replacement, the client shall receive a 100% refund paid to Bagay Nef Productions. The client agrees that in all circumstances, Bagay Nef Productions' liability shall be exclusively limited to refunding 100% of the fees paid and that Bagay Nef Productions shall not be liable for indirect or consequential damages arising from any breach of contract.
1.4. This Event Booking Contract guarantees that Bagay Nef Productions shall be ready to perform at the start time of the event. No guarantee is made as to Bagay Nef Productions time of arrival for set up; however, Bagay Nef Productions requests that they be permitted at least 2 hours before the event and at least 1 hour after the event for setup and take down.
1.5. The Required Deposit to secure a date is 20% to 50% unless authorized by Bagay Nef Productions. This retainer/deposit is non-refundable
1.6. Except for negligent acts by Bagay Nef Productions personnel, the client agrees to defend, indemnify, assume liability for and hold Bagay Nef Productions harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Bagay Nef Productions performance.
1.7. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party.
1.8. The client may not transfer this Event Booking Contract to another party without the prior written consent of Bagay Nef Productions.
1.9. This Event Booking Contract is not binding until received and signed by an authorized representative of Bagay Nef Productions and the required deposit is submitted. Any changes must be written and signed by both the client and Bagay Nef Productions. Oral agreements are non-binding.
1.10. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
1.11. Bagay Nef Productions may elect not to exercise their rights as specified in this agreement. By doing so, Bagay Nef Productions does not waive their right to exercise those options at a future date.
1.12. Bagay Nef Productions is acting as a subcontractor to the client and not as an employee of the client.
Section 2: Fees
2.1. Amount for services: This is the total price of the contract.
2.2. Contract Signing Payment: This is the non-refundable fee paid to Bagay Nef Productions to secure the services for the date being booked. This amount is subtracted from the total amount for services.
2.3. Balance: The amount remaining after subtracting the Contract Signing Payment and any other portion of the amount for services paid. All payment must be paid in full at least 30 days before the event date.
2.4 Travel Fee: All event locations that exceed 1 hour from our base location (Wilmington, DE) are subject to a $350 travel fee to cover lodging…
2.4. Schedule & Payment
2.4.1. The client may pay Bagay Nef Productions in increments per month up to 30 days prior to the event.
2.4.2. Final payment is due 30 days prior to the event. The remaining balance must be paid in full 30 days prior to the date of the event. If the balance has not been paid in full 30 days prior to the event Bagay Nef Productions reserves the right to reopen the date for booking and cancel the event performance and the client is still responsible for the remaining balance of the total amount for services. If it is less than 30 days prior to the event when the contract is signed, the total amount for services will be due with the signed contract.
2.4.3. The client may pay any amount towards the balance at any time.
2.5. Bagay Nef Productions reserves the right to seek legal means to recover the remaining balance of the total amount for services and any court and legal fees resulting from such legal means.
2.6. The client may request to pay the remaining balance if the date is less than 30 days from the event date. This request must be received in writing by Bagay Nef Productions no less than 30 days prior to the event. Accepted forms of payment include Credit Card (Service Charge Fee), Zelle (No Service Charge), and CashApp (No Service Charge). All other forms of payment must be requested in writing to Bagay Nef Productions. Bagay Nef Productions does not accept cash or checks. Bagay Nef Productions will not show up at the event unless the payment is paid in full before the event date.
2.7 Payment Methods - Bagay Nef Productions only accepts electronic payments. Bagay Nef Productions does not accept checks or cash payments. Acceptable payment options are:
Zelle (FREE) → Bagaynefproductions@gmail.com
CashApp (FREE) → $Bagaynefproductions
PayPal → Bagaynefproductions (surcharge applies)
Credit Card (surcharge applies)
Section 3: Play List
3.1. Bagay Nef Productions must receive a written event/music planner or music request list at least 14 days prior to the event for it to be included in the DJ’s programming guidelines for the event.
3.2. The written event/music planner or music request list shall include a list of selections the client does not want played; this list shall be referred to as the "Do Not Play" list.
3.3. With or without the aid of an event/music planner or music request list, Bagay Nef Productions shall attempt to play the client's and the client's guests' music requests but shall not be held responsible if certain selections are unavailable.
3.4. Bagay Nef Productions shall make an extra effort to have music requests available if they are received by Bagay Nef Productions "IN WRITING" at least 14 days prior to the event. Note: Use of Bagay Nef Productions music selection system shall be considered "IN WRITING".
3.5. Bagay Nef Productions reserves the right to include selections in addition to or substitution of those specified by the client in Bagay Nef Productions programming guidelines for the event in order to increase dance participation. None of these additional selections shall be on the client's Do Not Play list.
3.6. In order to present songs in an appropriate manner, Bagay Nef Productions reserves the right to modify the order of songs presented on the event/music planner or music request list.
Section 4: Venue Access
4.1. The client and their agents are to provide Bagay Nef Productions immediate, unencumbered, and nonhazardous access into, through and out of the loading area, facility, and work space.
4.2. Bagay Nef Productions requires ramp or elevator access between the parking/service entrance and the setup area. If the only access between the parking/service entrance and the setup area is via steps, Bagay Nef Productions reserves the right to charge an additional $10/step for 3 or more steps. Bagay Nef Productions must be notified by the client of steps being the only access method prior to the client signing this Event Booking Contract.
4.3. The client is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, overtime before and after the event utilized by Bagay Nef Productions for setting up and taking down equipment.
Section 5: Working Conditions & Client Responsibility
5. The client shall provide Bagay Nef Productions with safe and appropriate working conditions. This includes, but is not limited to:
5.1. Providing a 6 foot by 6 foot area for the DJ's main setup and space for setting up speakers. If a screen and projector is being required, an additional 6 foot by 6 foot area will be required for the placement of the screen and projector. The screen/projector area must be placed in the viewing area of the majority of the client's guests and must be fifty feet or less from the main DJ area.
5.2. A 120-volt outlet (3-prong grounded with at least 15 amps available) from a reliable power source within 50 feet (along the wall) of the setup area. Bagay Nef Productions is not responsible for any ground loop hum caused by the venue's electrical wiring.
5.3. A facility that completely covers and protects Bagay Nef Productions's equipment from adverse weather conditions (i.e., direct sunlight, rain, excessive winds).
5.4. Providing crowd control if warranted; and furnishing directions to place of event and free parking.
5.5. Should this be an outdoor event, the client shall provide a tent and a dry area for Bagay Nef Productions; this includes the ground where Bagay Nef Productions is to set up. If it has rained the night before and the ground is still soft, the client shall place plywood on the ground in a 6 foot by 6 foot area for Bagay Nef Productions.
5.6. The client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions.
5.7. Wi-Fi Access - The Client must provide Wi-Fi access for music streaming and photo booth sharing.
5.8 - Social Media Content - Photos and videos may be used for marketing unless the Client specifically requests otherwise in writing.
5.9 The client must provide access to electricity and confirm with the venue any restrictions on effects (e.g., Dry Ice, Cold Sparklers).
5.10. Client is responsible for damages caused by guests
5.11. The Client is solely responsible for obtaining any required permits or venue approvals necessary to operate special effects equipment, including but not limited to Indoor Cold Sparklers, CO₂ Special Effects, Dry Ice Machines, and similar equipment. If required by the venue, state, fire marshal, or local township regulations, the Client is also responsible for covering the cost and providing a Class D fire extinguisher on-site. Bagay Nef Productions does not secure permits or provide fire extinguishers and will not be held liable if the venue restricts or prohibits the use of such equipment.
Confirm with the venue that all selected services are approved. If the client paid a for service that is not allowed at the venue, Bagay Nef Productions will not provide a refund
5.12 - Vendor Meal - The Client agrees to include a hot meal for Bagay Nef Production’s staff during the event as they are part of the client’s guests.
Section 6: Safety of Personnel
6.1. The client shall take steps to protect Bagay Nef Productions's equipment, music and personnel during the contracted period. Any damages incurred due to a lack of reasonable protection on the client's part (except in the case of gross negligence on the part of Bagay Nef Productions) shall be payable by the client to the extent of repair or replacement of damaged music and equipment, and all costs of medical treatment.
6.2. In the event of circumstances deemed by Bagay Nef Productions to present a threat or implied threat of injury, Bagay Nef Productions reserves the right to cease performance. If the client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Bagay Nef Productions shall resume performance in accordance with the original terms of this agreement. The client shall be responsible for payment in full, regardless of whether the situation is resolved or whether Bagay Nef Productions resumes performance.
6.3. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Bagay Nef Productions reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
Section 7: Cancellation
7.1. This agreement cannot be canceled except by mutual written consent of both the client and Bagay Nef Productions.
7.2. If cancellation is initiated by the client in writing and agreed to by Bagay Nef Productions in writing, the client shall be required to pay any unrecoverable costs already incurred by Bagay Nef Productions (but not more than the total fee agreed upon).
7.3. Up to 45 days prior to the event: Bagay Nef Productions is entitled to the Contract Signing Payment for the event.
7.4. Between 30 days and 45 days prior to the event: Bagay Nef Productions is entitled to 75% of the amount for services.
7.5. If the event is cancelled 30 days or less from the date of the event, Bagay Nef Productions is entitled to 100% of the amount for services.
Section 8: Photobooth & Photo Montages
8.1 All materials for photo montages are due into Bagay Nef Productions 15 days prior to the event.
8.2 A late fee will be assessed for materials received after 15 days prior to the event. Failure to pay the late fee will result in the montage not being presented and Bagay Nef Productions will retain the montage fee.
8.3 Do not send materials later than 10 days prior to the event as there will not be enough time to develop the montage.
Section 9: Song Content
9.0 Due to the nature of current music and trends, Bagay Nef Productions is not responsible for foul or abusive content in songs or singers comments on microphones. The karaoke versions are edited and they may start out foul words but the singers will generally sing them. If you wish we will make 2 announcements about use of language, but we cannot police the entire evening. Standard non-karaoke music is all radio versions or censored.
Acceptance of this Invoice, whether by electronic signature, written confirmation, or payment of the required deposit, constitutes the Client's acknowledgment and acceptance of these Terms and Conditions. Upon receipt of the deposit, this Agreement becomes legally binding on both parties.
Final Notice: This contract may not be altered, cancelled, assigned, or transferred without the consent and authorization of Bagay Nef Productions. If unauthorized changes are made, Bagay Nef Productions reserves the right to void the contract and withhold the contract signing fee.
Retainer / Required Deposit Payment Options:
The required retainer (deposit) may be submitted using any of the following payment methods:
Zelle (No Fee): BagayNefProductions@gmail.com
Cash App (No Fee): $BagayNefProductions
PayPal: BagayNefProductions (processing fee applies)
Credit Card: (processing fee applies)
If your requested event date is no longer available, any retainer or deposit paid will be refunded in full.
Please note that, after the initial deposit is received, the remaining balance must be paid in full no later than 30 days before the event date.
A copy of your signed agreement will be emailed to you once it has been submitted.
