NITELIFE SOUNDS


PERFORMANCE CONTRACT, GENERAL PROVISIONS.

This contract between Nitelife Sounds an independent contractor hereinafter referred to as "Nitelife Sound Productions" and/or "Service Provider" and/or "NitelifeSounds" and/or "Nitelife Sounds' " (a wholly owned trademark of Nitelife Sounds) phone number NITELIFE SOUNDS 1.866-838.2587 and the Customer (hereinafter referred to as "Customer" and /or "Customer’s" and /or "the Customer") contain the following General Provisions.

GENERAL PROVISIONS

1. Access. Customer is responsible for providing reasonable access to the premises to the Service Provider, access ramps and/or elevator access. Customer agrees to pay a $25.00 access fee at ground level/elevator service. Where access includes any number of stairs or flight of stairs (not to exceed one floor immediately above ground floor) an additional charge of $75.00 applies (this is a one time charge in addition to all other charges as per the table of Services and Fees) Above stipulated $25.00 access fee and/or $75.00 additional charge will be waived when Customer agrees to provide Service Provider with one individual at his own risk for the purpose of loading and unloading Service Provider's equipment at ground level/elevator service, or two individuals at their own risk when access includes any number of stairs or flight of stairs (not to exceed one floor immediately above ground floor). It is clearly understood that such individuals are not the agents or employees of the Service Provider but, representatives of the Customer.

2. Additional Charges. All prices include traveling within an approximately 50 mile radius from our main base of operations in Norwalk, Connecticut which include NYC, upstate NY to Poughkeepsie & surrounding towns and northern New Jersey, Elizabeth, Bayonne, Jersey City, Newark, etc. An additional charge of $50.00 applies for traveling time and mileage to all points between 50 and 100 miles or $75.00 to all points beyond 100 miles up to 200 miles. All services carry an additional $50.00 for Holidays (when the Holiday falls on a day other than Friday or Saturday) These additional charges apply above and beyond all other charges. (also, see "Access")

3. Booth. Nitelife Sounds whenever possible, at its sole discretion, will setup a portable booth within the performance area (space) which is intended to protect electronic equipment to the extent possible. Said booth and performance area (see below definition of performance area) shall be facing the dance floor. Whether or not, Service Provider decides to setup a booth, Service Provider requires to face the dance floor and the crowd/guests. Whether or not, Service Provider decides to setup a booth, Customer shall remain bound by all provisions under this contract.

4. Cancellation/Non Performance.

4a. Cancellation. This agreement may be canceled by either party upon written notice at least 30 calendar days (postal service dated, first class mail) prior to the delivery of services by the Service Provider as stipulated under this contract. The burden of proof of cancellation shall rest with the source of the cancellation. Cancellation by Nitelife Sounds will result in full refund of all payments to the Customer. Timely cancellation (30 calendar days prior) by the Customer shall result in the refund to the Customer of all payments received by Nitelife Sounds. All deposits and payments are otherwise not refundable.

4b. Non Performance by Nitelife Sounds'. In the event that Nitelife Sounds' DJ and other personnel are absent to perform as agreed under Performance Time of this contract for reasons of road accidents, accidents on the road, riots, strikes, epidemics, acts commonly known as "acts of God", acts of war, military action, governmental authority action, broadcasted emergencies or any other conditions beyond Nitelife Sounds control, Nitelife Sounds shall refund as promptly as feasible but, no later than seven (7) calendar days all deposits and payments made by the Customer and under no circumstances, shape or form shall Nitelife Sounds be held responsible or liable in any way by the Customer for any other payments, claims, liability or compensatory damages of any kind. Receipt of the refunded amount by the Customer shall be construed as termination of this contract and both parties hereby agree to release each other from any further obligations under this contract.

4c. Nitelife Sounds and Customer agree that in the event that Nitelife Sounds' DJ and other personnel are absent to perform as agreed under the Performance Time of this agreement for reasons other than those explained in the immediately preceding paragraph (4b.), it is agreed that, Nitelife Sounds' will make all reasonable efforts to communicate the situation to the Customer ahead of time and to procure personnel replacement(s) for the Customer as required at the agreed upon amount under this contract. Should Nitelife Sounds be unable to procure such personnel replacement(s), Customer shall receive refunds and/or other payments according to the following schedule (4c(aa), 4c(bb), 4c(cc), 4c(dd), 4c(ee), (any refunds and/or other payments shall not exceed the total amount under the original contract between Nitelife Sounds and the Customer under no circumstances) It is further agreed by the two parties that notwithstanding any other provisions herein the total of any refunded amounts and/or compensatory payments shall not exceed the amount and/or value of services or a combination thereof under this contract.

4c(aa). Total non-performance by Nitelife Sounds - (applies to DJ Services and Karaoke only) All deposits and payments made by Customer to Nitelife Sounds shall be refunded in full to the Customer immediately, plus two additional performances equal to the services under this contract shall be provided to the Customer free of charge as liquidated damages within 90 calendar days. It is further agreed that when Nitelife Sounds' personnel and equipment are on the premises ready to perform or to continue with the performance that Nitelife Sounds reserves the right to cease performance for reasons of safety, faulty electrical wiring or electrical failure. Other provisions within this contract including but, not limited to, safety reasons supersede this provision.

4c(bb). Lights. Applies to lights/laser only. Customer shall receive a refund or credit towards any remaining unpaid balance by the Customer in the amount not to exceed $200.00 for each day of performance where lights/lasers are absent (or $200.00 minus a stated discount when services are sold as a package) whichever is less, for total absence of lights/laser for reasons other than faulty electrical wiring or electrical failure. Other provisions within this contract including but, not limited to, safety reasons supersede this provision.

4c(cc). Special Effects. Applies to special effects only. Customer shall receive a refund or credit towards any remaining unpaid balance by the Customer in the amount not to exceed $150.00 for each day of performance where special effects are absent (or $150.00 minus a stated discount when services are sold as a package) whichever is less, for total absence of special effects as contracted (fog, snow, bubbles) for reasons other than faulty electrical wiring or electrical failure. Other provisions within this contract including but, not limited to, safety reasons supersede this provision.

4c(dd). Stage Setup. Applies to stage setup only. Customer shall receive a refund or credit towards any remaining unpaid balance by the Customer in the amount not to exceed $150.00 for each day of performance where stage setup is absent (or $150.00 minus a stated discount when services are sold as a package) whichever is less, for total absence of stage setup.(microphones, etc.) for reasons other than faulty electrical wiring or electrical failure. Other provisions within this contract including but, not limited to, safety reasons supersede this provision.

4c(ee). Hostesses. Applies to hostess/hostesses only. Customer shall receive a refund or credit towards any remaining unpaid balance by the Customer in the amount not to exceed $125.00 per hostess for each day of performance where hostesses are absent (or $125.00 minus a stated discount when services are sold as a package) whichever is less, per hostess when any hostess fails to show up as agreed or is unable to perform for reasons other than faulty electrical wiring or electrical failure. Other provisions within this contract including but, not limited to, safety reasons supersede this provision. .

4d, Non Performance by Customer. In the event that Nitelife Sounds' DJ and other personnel are absent to perform as agreed under Performance Time of this contract due to Nitelife Sounds being unable to gain access to Customer's premises or place of business where Nitelife Sounds is scheduled to perform Customer shall be responsible for any unpaid balance due to Nitelife Sounds. Customer and Nitelife Sounds agree that under said circumstances, Customer's liability shall be exclusively limited to an amount not to exceed the total amount under this contract)

Receipt of the refund amounts and/or compensatory payments as stipulated in paragraphs 4a, 4b, 4c, (4c(aa), 4c(bb), 4c(cc), 4c(dd), 4c(ee) and 4d above by the Customer shall be construed as termination of this contract and both parties hereby agree to release each other from any further obligations under this contract.

5. Complaints/Disagreements. Customer further agrees to notify Service Provider of any complaints and/or disagreements during performance time, before and/or during the time of performance by Nitelife Sounds as indicated herein in order to afford Nitelife Sounds time to correct any situation or complaints as voiced by the Customer. In the absence of any such notification it shall be deemed that the Customer is fully satisfied with Nitelife Sounds' performance.

6. Customer Expressly Guarantees that under no circumstances Nitelife Sound Productions /Nitelife Sounds property and equipment will be held as collateral or hostage, or otherwise held by anyone, including the Customer for any reasons whatsoever and/or by reason of any disputes whatsoever, litigation, legal action, seizures or any other type of action against the Customer by any claims, sheriffs' or marshals' and/or their deputies. In such event, Customer guarantees that Nitelife Sounds property and equipment will be kept out of such disputes, litigations, seizures and/or legal action. Each piece of property and equipment has been clearly labeled "Property of Nitelife Sounds" and has been listed under this contract with proper identifying descriptions, brand names, makes, models and serial numbers as clearly as possible and to the extent possible. Such list of property and equipment (listed, or not listed, under this contract ) is a part of this contract only for the purpose of identifying Nitelife Sounds property and equipment. Further, such property and equipment is under insurance protection and each piece of property and equipment has been registered, identified and photographic facsimiles of each item are on file with the insurance carrier. It is further agreed that the above list of equipment, descriptions and other identifying details include a partial listing of equipment owned by Nitelife Sound Productions and Nitelife Sounds. Service Provider, at its sole discretion, reserves the right to include, add or reduce equipment according to layout, sound acoustics and output.

7. Damage. Customer agrees to maintain adequate security in the service, performance and access areas so as to protect the property of Nitelife Sounds from theft, vandalism or any other damage. Customer also agrees to be fully responsible for loss or damage to equipment used by Nitelife Sounds to provide the services to the Customer as noted herein while said equipment is physically located on the property (premises) owned by the Customer or said property (premises) is under the control of the Customer. Customer agrees to provide Service Provider with adequate protection against unreasonable behavior, damage, theft or vandalism by Customer's guests, patrons or clients and protection against natural elements (weather) for Nitelife Sounds personnel and equipment. As an example, possible damage may include alcohol or beverage spills on highly sensitive electronic equipment or faulty electrical wiring. Nitelife Sounds shall immediately notify Customer in the event of such an occurrence.

8, Definitions. Performance Area is hereby defined for the purpose of this contract as floor space no less than eight (8) feet by six (6) feet in dimensions and all other floor space where trusses, light and sound equipment and/or any other property of Nitelife Sounds are in contact with the floor of the premises and/or air space between floor and ceiling where Nitelife Sounds property and equipment may be attached to commonly called trusses for the purpose of holding property, light and/or sound equipment thereto high above and high across the dance floor in different configurations, as needed. Exit Time is hereby defined for the purpose of this contract as the moment in time when Nitelife Sounds personnel, property and equipment are physically and completely out of the Customer's premises (within 90 minutes after the performance has ended) and so that Nitelife Sounds personnel, property and equipment have been completely removed from the Customer's premises. Performance Time is hereby defined as the time-frame as stipulated under this contract that the Service Provider is required to perform. Setup time is hereby defined for the purpose of this contract as a period of 90 minutes prior to Performance Time.

9. Display. Nitelife Sounds personnel are not authorized to display or distribute any vendors' business cards, literature or any other business paraphernalia during any performance, except for a 8 1/2" x 11" sign on DJ booth. (when a booth has been setup by Nitelife Sounds) . However, if a verbal request is made by any of the Customer's guests, patrons or clients Nitelife Sounds business card(s) will be handed to the person or persons making such a request. Service Provider, at its own discretion and only when approved by the Customer may display a 2 feet in height x 4 feet in width banner bearing the Service Provider's trademark "Nitelife Sounds".

10. Enforcement. In the event that the Service Provider is required to commence or defend any action to enforce any of the terms or provisions of this contract, Nitelife Sounds shall be entitled to a reimbursement by the Customer of reasonable legal fees and costs incurred in maintaining or defending such action. This contract shall be governed by all applicable laws.

11. Expenses. Nitelife Sounds shall in no event be held responsible for any expenses incurred by the Customer, and the Customer shall not be responsible for any expenses incurred by Nitelife Sounds.

12. Liability. Customer agrees to assume complete liability for all claims of personal injury or property damage arising from this performance as noted herein and the Customer holds Nitelife Sound Productions harmless, free and clear of any claims and/or liabilities in all such cases.

13. Life of the Contract. Service Provider and Customer hereby agree that this contract shall remain in full force and effect until such time as all payments to the Service Provider have been made by the Customer.

14. Lights. Nitelife Sounds does not operate so called "Revolving Police Lights" and Customer hereby agrees to not make such request from the Service Provider. WEDDINGS ONLY: Strobe lights effects are not particularly pleasing or appropriate for wedding receptions, strobe lights are also disturbing and annoying to older guests and are known to provoke certain discomfort; therefore, Service Provider does not operate strobe lights during any performance at weddings and Customer hereby agrees to not make such request.

15. Non-Transferability. This contract is personal to the Customer and is non-exclusive, non-assignable and non-transferable without the written consent of the Service Provider.

16. Partial Invalidity. Should any provision of this contract be held to be void, invalid or inoperative, the remaining provisions of this contract shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

17. Payments. All payments due herein shall be made payable to Nitelife Sound Productions in cash or business check upon completion of the performance. Customer agrees to pay the balance due as stipulated under the terms of this contract. Failure to do so shall accrue a $25 additional charge per diem to cover time and collection expenses. Customer further agrees to make all payments promptly and without delay in accordance to the herein stipulated form of payment.

18. Performance Area. Nitelife Sounds requires the performance area ready for use by the Service Provider at least 90 minutes prior to the scheduled performance (Setup Time) for the purpose of equipment setup, adjustments, acoustics, testing, configuration and light positioning and until 90 minutes after the performance has been concluded (Exit Time) as stipulated by the Performance Time of this contract on the day of the performance and in accordance to the definition of Performance Area under 8. Definitions. Nitelife Sounds requires at least two electrical outlets at all times during Performance Time or four electrical outlets at all times during Performance Time when this contract includes light show and/or additional services near the Performance Area. Said electrical outlets must be consistent with current safety standards and to generate at least 15 amps. (each outlet) of electric power. Customer is responsible for the cost of electrical consumption.

19. Readiness/Responsibility. Preparation of the performance area is the responsibility of the Customer even if the Customer is not the owner/operator of the business, building, premises or property where the performance area is located. Failure by the Customer to ready the performance area 90 minutes prior to the delivery of services by the Service Provider may result in a delay of the performance and Nitelife Sounds shall not be responsible to extend performance time nor reduce the amount of full payment. Customer is responsible for making said premises and performance area available to the Service Provider for a period of 90 minutes after the Service Provider has concluded Performance Time. Customer also agrees to supply 1 or more adequate sturdy tables.

20. Reservation of Rights. Nitelife Sounds reserves the right to deny access to anyone, including, but not limited to, sound system, CDs, supplies, property and equipment owned and/or leased by Nitelife Sounds In the event that Nitelife Sounds determines at its sole discretion that an unsafe situation exists, Customer will be called upon to remedy the situation. Nitelife Sounds reserves the right to interrupt operations and performance until such time as any unsafe situation which threatens the security and safety of Nitelife Sounds personnel and/or property and/or both is corrected. In such cases, Service Provider will not be held liable for such loss of performance time and no reductions of charges will be made by Nitelife Sounds. Any remaining balances due under this contract shall be paid in full by the Customer.

21. Safety. Customer shall be responsible for the safety and security of Nitelife Sounds equipment, property, operators and employees from Nitelife Sounds time of arrival (Setup Time) to Nitelife Sounds Exit Time . Nitelife Sounds reserves the right to end the scheduled performance due to failure of the Customer to provide adequate safety and security. Customer is fully liable for any detrimental events that may ensue from failure thereof.

22. Staff. Customer agrees to not hire any of Nitelife Sounds staff members directly. In the event that any Nitelife Sounds staff member (DJs, DJ Assistants, Hostesses and/or any other employee, full time or part time) is hired by the Customer on a temporary or permanent basis, Customer agrees to pay Nitelife Sound Productions an amount equal to 10% of the annual salary and/or annual remuneration that said Nitelife Sounds employee and/or associate will receive from the Customer for one (1) full calendar year starting on the first day of employment. Said payment shall be made to Nitelife Sounds within 30 days of hire.

23. Threat or Injury. In the event of circumstances that in the sole discretion of the DJ (Nitelife Sounds personnel) present a threat, injury or damage, or any combination thereof. to Nitelife Sounds personnel, property and/or equipment, or any combination thereof, Nitelife Sounds reserves the right to cease performance. Customer shall be responsible for payment in full. It is understood that Customer agrees to provide "crowd control" at all times. (see "Safety").

24. Entire Agreement. This contract comprises the entire agreement between the Service Provider and the Customer, and supersedes any prior agreements between the Customer and the Service Provider with respect to the subject matter of this contract. This contract shall prevail at all times over any other document between Nitelife Sounds and the Customer.

25. Authorized Agent. The undersigned (Customer) represents that he/she is an individual of legal age (over 18 years of age) authorized to sign and to enter into this contract. This contract shall be binding upon the undersigned and the undersigned further represents that he/she is the authorized agent of any other third party, owner and/or principal and as such hereby accepts the terms and conditions of this contract.

We the undersigned, do agree to accept the terms and conditions of this contract.

NOTE: Please read all terms and conditions of this contract prior to signing and be sure that all spaces are filled in with appropriate information.

Signed, (this contract contain 13 pages)





__________________________________________Customer





__________________________________________Nitelife Sound Productions
Authorized Officer.