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Payment Provisions
A: Please make checks payable to Panache Entertainment. Mailed to 180 High Oak Suite 210, Bloomfield Hills, MI 48304. Tax ID: 20-052-2576
B: To reserve exclusivity for this date, please return this contract along with the deposit postmarked within 7 business days after you receive it.
C: No payment, except tips if you choose, will be made at the event.
D: To fully reserve your event, a 50% deposit must be mailed along with the signed contract. You may also enclose the balance, which is refundable until the balance due date.
E: The balance must be postmarked 7 business days before the performance. A $40 per week late fee will be charged if the client is unable to comply.
F: If changes are made within the 7 business day period, these must be recorded in writing with the new payment provisions clearly outlined for both parties.
G: A $40 penalty is applicable for bounced checks, if PANACHE is not notified of it before depositing the check. |
Changes & Cancellations
A: Any cancellation of this Contract Agreement by the CLIENT must be in writing, signed by the CLIENT, and can only be acknowledged and accepted by PANACHE in writing, signed by an authorized representative.
B: If a cancellation is made the deposit is non-refundable. If cancelled before 7 days prior to the event, the balance will be refunded to the CLIENT. If a cancellation is made at any point within 7 business days prior to the performance, 50% of the balance will be refunded to the CLIENT. If a cancellation is made after the ARTIST(s) have arrived, both the deposit and the balance are non-refundable. The deposit is non-refundable in all instances except when Panache cancels or is in breach of the agreement at any time.
C: If there are any last minute changes or alternative arrangements made at the event (ie start times, duration, extensions, etc.) the CLIENT must sign a written agreement with the ARTIST(s) detailing those adjustments. Only the CLIENT who signed this agreement is authorized to sign for any changes.
D: In the event of a scheduling conflict, Panache has the right to automatically substitute an equal or higher level musician or team without any extra charges to the CLIENT.
E: PANACHE reserves the right to rescind its contractual duties beyond 10 days of the performance to void this Contract Agreement, terminate all contractual duties of PANACHE, and will refund any deposits and/or balances tendered by CLIENT upon entering this Contract Agreement. |
Performance Conditions & Details
A: Discussion with the ARTIST(s) at any time must be limited to confirmation of logistical details surrounding the event (i.e. verification of location directions, times, selections, etc.). Discussion between the ARTIST(s) and the CLIENT regarding fees and alternative ensemble arrangements is prohibited. If the ARTIST(s) initiate discussion of new prices, please contact PANACHE so we may resolve the issue immediately.
B: ARTIST(s) will arrive promptly, set up and prepared to perform at the specified times in proper attire. For a specific description of proper attire for the event, consult Panache ARTIST(s) will behave with the utmost professionalism as trained by Panache and failure to do so will result in penalties set forth in the ARTIST(s)’ agreement with Panache and possible partial refunds to the CLIENT.
C: Wedding ceremony packages normally include a 20 minute prelude, 30 minute ceremony, and a 10 minute postlude but may be changed depending on the CLIENT(s)’ preference. The time listed on this agreement is the start time of when the performance begins.
D: Music requests will be honored by the performers to the best of their ability. However, due to unforeseeable circumstances and the need for adaptability to ensure a smooth presentation, the requests may or may not be completed as previously discussed. All requests must be made at least 14 business days prior to the event.
E: Special music requests outside available repertoire can be performed by PANACHE if requested at least 1 month prior to the event. The cost of processing and/or arranging a piece is $35/song, which may be added to the balance. To help manage expectations, the CLIENT should provide PANACHE a recording of the request if available.
F: If instruments are not provided by the ARTIST, as in the case of a piano provided at the location, neither PANACHE nor the ARTIST is responsible for the instrument quality.
G: For outdoor performances, ARTIST(s) require shelter from direct sunlight or rain. The temperature must be at or above 60˚F and the instruments may not get wet. Any conditions that fail to meet these requirements must use the alternative indoor location or our performance is voided and 50% of the balance will be refunded. If the ARTIST(s) feel that they can still perform despite these conditions, an oral agreement between the ARTIST and the CLIENT must be reached.
H: To prevent fatigue, ARTIST(s) require 15 minute breaks between each continuous hour of performance. For performances longer than 2 hours in duration, ARTIST(s) are normally extended the courtesy of refreshment and/or food. Please inform otherwise so that we can prepare accordingly.
I: Once the agreed performance time has been fulfilled, the performers are not obligated to continue performing but may use their discretion as to its necessity. For example, if a wedding ceremony lasts longer than expected the performers will try to stay as long as necessary and the additional time will be pro-rated. If the CLIENT specifically requests that the performance be extended, an oral agreement may be reached if a written agreement is not available. |
Emergencies & LIability
A: Neither the ARTIST(s), the CLIENT, nor PANACHE shall be responsible for its failure to perform any terms or conditions in the contract when failure to perform is due to causes beyond their reasonable control including, but not limited to: ARTIST(s)’ proven detention by sickness or injury; civil tumult; strike; lockout; epidemic; war; embargo; fire; earthquake; hurricane; windstorm, or other condition beyond the reasonable control affecting the availability or accessibility to the site. If possible, Panache will substitute the performance with another ensemble and a new contract will be drafted. Otherwise, the CLIENT will be entitled to a full refund of both the deposit and the balance.
B: If the agreement is not honored by the ARTIST due to factors not beyond reasonable control, the CLIENT is entitled to a full refund of both the deposit and the balance, preventing the ARTIST(s) from performing. This refund is voided if the ARTIST(s) are given the false assumption that they are allowed to perform their services.
C: ARTIST(s) are enrolled with Panache as independent contractors and are therefore solely responsible for their own instruments and equipment. ARTIST(s) should have insurance for their instruments and equipment.
E: ARTSITS are solely responsible for any injuries, accidents or damage claims which may occur in connection with the engagement and hereby holds Panache and any of its affiliates thereof harmless for any and all damages, and/or legal expenses for any accident, injury lawsuits and/or claims for damages of any kind. |
Miscellaneous
A: All information collected by PANACHE will be kept strictly confidential, and will never be sold nor shared with any other parties beyond PANACHE, the ARTIST(s), and the CLIENT without written permission.
B: The recording, reproduction, or transmission of PANACHE performances for commercial use is prohibited absent written consent of PANACHE.
The court and authorities of the State of Michigan, Oakland County, and or Federal District Court of the State of Michigan shall have jurisdiction over all controversies which may arise with respect to the enforcement of all rights under this Agreement, including those of Panache. The parties hereby expressly waive any other venue to which they might be entitled by virtue of domicile or otherwise. Purchaser and Panache hereby agrees and consents to the subject to the jurisdiction of such courts and any order that may be issued by such courts in reference to the Engagement Agreement. The parties understand and agree that this provision is a material provision of this Agreement, this is part of the consideration involved in entering into this agreement, and that Panache and Purchaser would not have entered into this Agreement except for inclusion of this provision herein.
Commencement of engagement together with physical receipt of this contract by Panache is deemed to be a verification of an oral agreement and acceptance of all terms by all parties. If any of the provisions of this Agreement are determined to be void or unenforceable, the remaining provisions hereof shall remain in full force. Both Panache and Purchaser acknowledge and confirm that they have read and approved of the terms and conditions set forth in this agreement. |
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