This Retainer Agreement ("Agreement")
is made between
DJ Nordique Productions
("Service Provider")
and the undersigned Client.
SERVICES
DJ Nordique Productions agrees to provide DJ entertainment services, which may include (but are not limited to) music mixing, event sound support, and performance services for agreed-upon events.
Specific event details (date, time, location, and scope of services) will be confirmed in writing prior to each booking.
Retainer Fee
To secure DJ Nordique Productions, Client agrees to pay a non-refundable retainer of $0.00
The retainer fee serves to reserve the Client’s event date and ensure availability of the Service Provider.
No event date shall be considered confirmed or booked until the retainer fee has been received and acknowledged in writing by the Service Provider.
The retainer fee shall be applied as a credit toward the total contract price and reflected on the final invoice.
CANCELLATION, RESCHEDULING, AND RETAINER POLICY
Client Cancellation: If the Client cancels the event for any reason, the retainer fee is non-refundable and forfeited in full as compensation for date reservation and lost booking opportunities.
Rescheduling by Client: The Client may request to reschedule the event date with a minimum of 30 calendar days’ written notice prior to the original event date, subject to Service Provider availability.
Rescheduling Fee: Approved date changes are subject to a rescheduling fee of $150 to cover administrative adjustments and calendar blocking.
Retainer Transferability: If the Service Provider is available on the new requested date, the original retainer may be transferred once to the new date. Any additional rescheduling requests may require a new retainer at the Service Provider’s discretion.
Service Provider Unavailability: If the Service Provider is unable to accommodate the new date, the retainer shall remain non-refundable, and the Client will be considered cancelled under the terms of this Agreement.
PAYMENT METHODS
The Service Provider accepts the following methods of payment:
Electronic Funds Transfer (E-Transfer) – Preferred Method
Credit Card (subject to applicable processing fees)
Cash (accepted only by prior written agreement)
All payments must be remitted in accordance with the payment schedule set forth in this Agreement. A payment shall not be deemed received until funds have been successfully cleared and confirmed by the Service Provider.
Failure to remit the final payment by the specified due date shall constitute a material breach of this Agreement and may result in cancellation of services at the sole discretion of the Service Provider, without refund of the retainer fee.
FINAL PAYMENT
The Client shall remit the remaining outstanding balance in full no later than seven (7) calendar days prior to the scheduled event date, unless otherwise agreed to in writing by the Service Provider.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business,
or emotional distress arising out of or related to the services provided under this Agreement.
The Service Provider’s total liability for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the Client under this Agreement.
The Service Provider is not responsible for delays, interruptions, or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, weather events, illness, accidents, transportation failures, or government restrictions.
INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless DJ Nordique Productions, its owners, employees, contractors, and agents from and against any and all claims, damages, liabilities, losses,
or expenses (including reasonable legal fees) arising out of or related to:
The Client’s breach of this Agreement.
The Client’s negligence or misconduct.
The actions or omissions of event guests, attendees, or third parties at the event
Any unsafe conditions or venue-related issues not caused by the Service Provider.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to the following resolution process:
Good Faith Negotiation: The parties shall first attempt to resolve the dispute through informal good faith discussions.
Mediation: If the dispute cannot be resolved within a reasonable time, the parties agree to submit the matter to non-binding mediation with a mutually agreed-upon mediator in Ontario.
Arbitration: If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the applicable arbitration laws of Ontario. The decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.
Each party shall bear its own costs of mediation or arbitration unless otherwise determined by the arbitrator.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, negotiations, or agreements, whether written or oral. Any amendments must be made in writing and signed by both parties.
ACCEPTANCE AND SIGNATURES
By signing below, both parties acknowledge that they have read, understood, and agree to be bound by all terms and conditions of this Agreement.