By paying a deposit and/or confirming a booking for Services, Equipment and Performers with DJ Butters, The Client agrees to be bound by the following Terms & Conditions. Together with the accepted quotation and invoice, these terms form the Agreement between The Client and DJ Butters (Sean Butterworth).
- 1.Event Details
- 2.Services, Equipment & Performers Booked
- 3.Booking Confirmation Requirements
- 4.Payment of Services & Performance Booked
- 5.Event Timeline & Flow of Events
- 6.Overtime
- 7.Music Requests
- 8.Venue Requirements & Cancellation
- 9.Travel & Crew Hospitality
- 10.Event Rescheduling
- 11.Performance Standard
- 12.Performer Substitution
- 13.Equipment Security
- 14.Vendor Coordination
- 15.Equipment Responsibility
- 16.Performer Safety & Guest Conduct
- 17.Media & Marketing
- 18.Force Majeure
- 19.Cancellation Policy
- 20.Liability
- 21.Breach
1. Event Details
1.1The Client confirms and agrees that the information supplied in the initial booking enquiry is true and correct.
1.2The event start and end time may change but must be confirmed in writing not less than 14 days before the event date when sending the final Event Timeline & Flow Of Events to DJ Butters.
1.3The event setup time and strike/breakdown time may change due to any changes to the Event Timeline & Flow Of Events by the Client; however, as mentioned these changes are to be finalised before sending the final Event Timeline & Flow Of Events to DJ Butters 14 days before the event date.
1.4In the event where the end time goes past the agreed time, overtime will apply, as per clause 6 below.
2. Services, Equipment & Performers Booked
2.1The Client acknowledges that the total booking value is the total value for the Services, Equipment & DJ Booked at DJ Butters by the Client, and the Client has reviewed and accepts the Invoice attached to the Agreement detailing the requested Services, Equipment & Performers booked by the Client at DJ Butters.
2.2The Client agrees and acknowledges that payment of the deposit amount signifies acceptance of these terms and conditions, including any specified payment terms.
2.3The total booking value and/or balance due may change if the Client requests amendments, additions, or modifications to the Services, Equipment, or DJ after acceptance of the initial invoice and written confirmation from DJ Butters. Upon finalisation of all requested changes, DJ Butters will issue a revised invoice reflecting the updated total booking value and forward it to The Client.
2.4The Client agrees that Clause 2.3 above does not permit the removal of any Services, Equipment, or Performers unless such removal has been expressly approved by DJ Butters and complies with these Terms & Conditions.
3. Booking Confirmation Requirements
3.1DJ Butters will at no time be held liable if they are no longer available to supply any Services, Equipment, or Performers provisionally booked by the Client due to the Client not fulfilling the booking requirements specified in these Terms and Conditions and/or the initial quotation supplied to The Client.
3.2DJ Butters reserves the right to accept other bookings for Services, Equipment, and Performers for the same event date, AFTER the initial quotation validity period has expired, until the Client has fulfilled the booking confirmation requirements specified on the initial quotation.
4. Payment of Services & Performance Booked
4.1All final payments must be reflected in DJ Butters nominated bank account before the event date takes place.
4.2International payments may be subject to additional bank charges, currency exchange fees, or intermediary banking costs. These charges remain the Client's responsibility and will be added to the invoice.
4.5Failure to make full payment by the final due date may result in the cancellation of all Services, Equipment, and Performers booked at DJ Butters, and the Cancellation Policy set out below may come into effect.
5. Event Timeline & Flow of Events
5.1Due to high demand for Services, Equipment & Performers and operational planning requirements, the Client must first confirm with DJ Butters in writing whether any changes to the Timeline & Flow of Events for Services, Equipment, and Performers Booked at DJ Butters can operationally be accommodated and moved or changed, especially once Services, Equipment & Performers have been booked and confirmed by the Client.
5.2DJ Butters will make reasonable efforts to accommodate the requested changes to the booking; however, DJ Butters shall not be liable for any inability to accommodate changes where:
- (a) written notification of the change is not provided to and confirmed by DJ Butters;
- (b) notification is received fewer than 14 days before the event date; or
- (c) the requested change would make it operationally impossible to deliver the Services, Equipment, or Performers already booked and confirmed by The Client.
5.2.1DJ Butters may see this as an Event Rescheduling as set out below in Clause 10, or a Cancellation of Services, Equipment, and Performers Booked, and the Cancellation Policy stipulated below in Clause 19 may take effect if the parties do not come to an agreement.
5.3The Client must provide an estimated Timeline & Flow of Events to DJ Butters 30 days before the event date and provide the final agreed-upon and confirmed Timeline & Flow of Events no less than 14 days before the event date.
5.4If the event Timeline & Flow of Events runs later than an allowed 30 Minute “Grace Period” due to factors outside of DJ Butters' control (including catering delays, speeches, or logistical issues), the performance end time will remain as originally agreed unless overtime is requested by the Client and approved by DJ Butters. This may result in Overtime Charges.
6. Overtime
6.1Overtime after 00:00 may be subject to a rate, specified on the initial quotation, for Services, Equipment, DJ costs booked at DJ Butters.
6.2The Client agrees that any overtime and additional costs that were not agreed upon before the event will be invoiced by DJ Butters and sent to The Client and must be settled and paid to DJ Butters within 7 days after the event date.
6.3DJ Butters provides a 30-Minute “Grace Period” to accommodate the possibility should the Timeline & Flow of Events run late.
6.4If the Event exceeds the 30-Minute “Grace Period”, the end time will not move, and times may be shortened according to DJ Butters availability. If the artist and DJ Butters can accommodate a later starting and end time, then overtime at the stipulated rate per initial quotation will come into effect.
6.5If the Client's event runs late and exceeds the 30-Minute “Grace Period” specified in the agreed Timeline and Flow of Events, then DJ Butters shall have no liability for any resulting inability to deliver Services, Equipment, or Performers, or any failure to adhere to the originally scheduled Services, Equipment and Performer performance of the agreed Timeline and Flow of Events.
7. Music Requests
7.1DJ Butters will make every effort to accommodate music requests and the final selection of music during the event will be the music brief and playlist/s supplied by the Client as received.
7.2The Client agrees that they cannot hold DJ Butters liable for any music brief not being followed should the Client fail to supply a music brief less than 14 days in advance.
7.3If no music brief or playlist is supplied by the Client to DJ Butters, then the music and playlist will be at the sole professional discretion of DJ Butters.
8. Venue Requirements, Restrictions, Electricity Supply & Venue Cancellation
8.1DJ Butters may not be held liable for any Services, Equipment, or DJ booked that cannot be carried out or performed due to venue restrictions, weather restrictions, electricity supply and/or venue cancellations.
8.2The Client agrees and acknowledges that unsafe weather conditions, if the event is scheduled to be held outside, will not constitute a valid force majeure. If DJ Butters is unable to operate Services, Equipment and Performers in such conditions and must cancel Services, Equipment & Performers Booked due to the Client failing to take additional measures and made reasonable and/or adequate preparations in advance for unsafe weather conditions (if the event is scheduled to be held outside) then DJ Butters reserves the right to enforce the below Cancellation Policy.
8.3The Client must ensure that DJ Butters has adequate access to the venue for setup and strike/breakdown within agreed times.
8.4If DJ Butters do not have adequate access to the venue for any reason whatsoever other than what was agreed upon, or the venue does not meet the venue requirements as agreed upon, then DJ Butters may charge overtime until adequate access is given and all issues are resolved within a reasonable time frame on the event day. However, if the issue is not resolved within a reasonable time and makes it operationally impossible for DJ Butters carry out his obligation then DJ Butters reserves the right to cancel all Services, Equipment, and DJ booked, and the Cancellation Policy below will be come into effect.
8.5The Client must ensure that the venue provides a stable electrical supply suitable for professional audio equipment.
8.6DJ Butters cannot be held liable for interruptions caused by venue restrictions outside his control on the event day and/or during the event.
8.7DJ Butters will have surge protection in place; however, should the venue be aware of electricity issues and not inform the Client or DJ Butters, then the Client will be held liable for any damages caused to equipment owned and operated by DJ Butters at the Venue due to an electricity fault.
8.8Should the venue cancel the event with the Client, it is the Client's responsibility to inform DJ Butters in writing immediately upon receiving a cancellation notice from the venue. DJ Butters will consider the cancellation notice along with the Services, Equipment, and DJ Booked and confirmed by The Client, and, if possible, the Event Rescheduling Section 10 will come into effect or may result in The Client Cancellation Policy Section 19.1 being enforced.
8.9It shall remain the responsibility of The Client to ensure that all due diligence is in place, as per the above.
8.10Public Liability Disclaimer: The Client acknowledges and accepts all risks inherent to the event and voluntarily indemnifies DJ Butters from all claims, liabilities, damages, and costs arising from the Services, Equipment and DJ Performance, including personal injury, property damage, third-party claims, and loss of profits, except where caused solely by DJ Butters gross negligence or wilful misconduct. The Client warrants that the venue is safe, compliant with all applicable laws, and covered by comprehensive public liability insurance. DJ Butters shall not be liable for indirect or consequential damages, and liability is capped at the total fees paid or R1,000.00, whichever is greater. DJ Butters may discontinue Services, Equipment and DJ Booked immediately if conditions become unsafe. This Disclaimer is governed by South African law and constitutes a material term of the Event Services, Equipment & DJ Booked.
9. Travel & Accommodation Performer and Crew Hospitality
9.1Accommodation, beverages, and meals may be charged to the Client unless the Client or the venue provides suitable accommodation, beverages, and meals at no cost to DJ Butters, should the location of the event be located more than 50km outside of Plettenberg Bay.
9.2For Events requiring extended onsite hours, early sound checks, or where performers and crew are required to travel more than 60 kilometers to and from the venue, The Client agrees to provide reasonable meals and beverages with a suitable waiting area for all performers and crew members along with accommodation if needed.
9.3Where meals are not provided, DJ Butters reserves the right to arrange catering on behalf of the performers and crew, where applicable, the cost of which will be charged to The Client. This ensures that all performers and crew are adequately supported to deliver the highest standard of service throughout the event.
10. Event Rescheduling
10.1If the Client wants to reschedule their event date, DJ Butters will make reasonable efforts to accommodate the proposed new event date, subject to his Services, Equipment availability.
10.2Payments made to DJ Butters for confirmation of Services, Equipment and DJ Booked for the initial Event Date may be allocated to the new date, however, if DJ Butters has already incurred costs for Services, Equipment and Performers Booked for the initial Event Date and are no longer available to allocate them to the new Event Date, then those costs may be deducted from the initial deposit and DJ Butters may reserve all payments already made. The Parties may agree to enter into a new proposal and quote.
10.3If the originally booked Services, Equipment and DJ are unavailable for the new date, DJ Butters will do his utmost best to provide suitable replacements of comparable style and experience. This may result in a new proposal and quote from DJ Butters.
10.4If both parties are unable to reschedule the Event Date for any reason whatsoever, then the Cancellation Policy below will take effect.
11. Performance Standard & Limitation of Expectations
11.1DJ Butters will perform all Services, Equipment and Performers Booked with reasonable skill, care, and professionalism in accordance with accepted industry standards.
11.2The Client acknowledges that Entertainment Services, including Performances, are inherently subjective and based on individual tastes and preferences.
11.3While DJ Butters will use his best efforts to meet The Client's expectations and agreed Services, no guarantee or warranty is given that a Performance forming part of the Services, Equipment and Performers Booked will meet the personal preferences or expectations of all guests or attendees.
11.3.1DJ Butters shall not be held liable for dissatisfaction based on subjective opinion, including but not limited to music selection, performance style, or audience response.
11.3.2The Client further acknowledges that DJ Butters is engaged to provide a Professional Entertainment Service and does not guarantee any specific reaction or outcome.
11.4In the event of any operational issue within the reasonable control of DJ Butters, DJ Butters will take reasonable steps to address and rectify the issue during the Event, where possible. Liability for any proven failure to perform after a full investigation shall be limited in accordance with Clause 20 below.
11.5DJ Butters will take reasonable steps to ensure backup equipment is available where possible but shall not be held liable for interruptions caused by technical failures beyond his control during the event.
12. Performer Substitution
12.1If DJ Butters, or a performer booked by DJ Butters, becomes unavailable due to illness, accident, or circumstances beyond reasonable control, The Client shall be notified as soon as reasonably practicable and DJ Butters reserves the right to provide a suitable replacement performer at his sole discretion based on the following:
12.1.1within 7 days or more before the event, an alternative replacement option will be presented to The Client to choose from;
12.1.2within 7 days or less before the event, an alternative replacement option will be presented to The Client; however, DJ Butters reserves the right to provide a suitable replacement performer at his sole discretion, especially if it is within 48 hours before the Event or on the Event day itself.
This represents a worst case scenario, but to clarify why the decision would rest solely with DJ Butters: the limited time frame and the challenge of securing an available performer on such short notice make it necessary for DJ Butters to rebook and confirm a performer of comparable professional standard and performance style immediately, ensuring that DJ Butters delivers the same or as close as possible to the requested service and performance.
12.2Any replacement performer will be of comparable professional standard and performance style, where reasonably possible.
12.3The Client will be informed of any such changes as soon as reasonably possible.
13. Equipment Security
13.1Where equipment belonging to DJ Butters must remain onsite overnight at the venue, The Client must ensure that the venue provides adequate security measures, such as an alarm system or security personnel.
13.2Should the Venue be unable to provide such service, then a late-night strike/breakdown will have to take place at the late-night strike/breakdown cost as per Annexure 1.
14. Vendor Coordination
14.1DJ Butters may need to coordinate with event planners, venues, and other suppliers to deliver services effectively, and The Client is to provide those contact details upon request from DJ Butters.
14.2DJ Butters cannot be held liable for delays caused by other vendors or venue logistics issues on the event day and/or during the event.
15. Equipment Responsibility
15.1All equipment supplied by DJ Butters remains his sole property.
15.2The Client agrees to assist in ensuring that guests and venue staff do not interfere with or damage equipment owned by DJ Butters.
15.3The Client may be held responsible for damage caused through the negligence or misconduct of their guests or Venue Staff.
15.4The Client agrees to assist in ensuring that no other person except DJ Butters, may move and/or touch any equipment supplied by DJ Butters, especially at setup and/or strike/breakdown thereof. The Client shall be held responsible for any damages suffered due to the aforementioned not being adhered to.
16. Performer Safety & Guest Conduct
16.1Guests may not interfere with DJ Butters Services, Equipment, and Performers at any time.
16.2Should any guest conduct themselves in a manner deemed threatening or unsafe toward DJ Butters Personnel, Services, Equipment, and Performers, DJ Butters is expressly entitled to suspend or cease Services, Equipment, and Performance. Services shall only resume upon resolution of the matter to DJ Butters' reasonable satisfaction.
17. Media & Marketing
17.1DJ Butters may photograph or capture video content of performances during The Event for marketing and promotional purposes.
17.2If the Client prefers that no media be used, this must be requested in writing 30 days before The Event.
18. Force Majeure
18.1Strict Definition: Force Majeure means only those events that are: (i) beyond the reasonable control of the affected party; (ii) could not have been foreseen or prevented by reasonable precautions; and (iii) constitute one of the following: act of God, declared national state of disaster, civil war, or the death or critical hospitalisation (with supporting medical documentation) of The Client personally. Economic hardship, scheduling conflicts, double-booking, illness below hospitalisation level, and transport delays do NOT constitute Force Majeure.
18.2Notification Requirements: The party invoking Force Majeure must: (a) notify the other party in writing within 24 (twenty-four) hours of the event arising; and (b) provide contemporaneous supporting documentation within 48 (forty-eight) hours. Failure to comply strictly with this notice requirement disentitles the affected party from relying on Force Majeure.
18.3Effect of Valid Force Majeure: Where a valid Force Majeure event is properly declared by The Client, the 50% deposit shall be refunded to The Client within 5 (five) business days, and no further penalties shall apply. No other compensation shall be paid by either party.
18.4In such circumstances, both parties will make reasonable efforts to reschedule The Event. If both parties are unable to reschedule, then The Event will be seen as cancelled, and payments made to DJ Butters may be refunded to The Client or kept as a credit; however, a reasonable and fair amount may be deducted from the payments received from The Client and remain with DJ Butters due to services and costs already incurred.
19. Cancellation Policy
19.1If The Client cancels this Agreement for Services, Equipment and Performers Booked at DJ Butters for any reason other than a valid Force Majeure event, or it is Cancelled due to The Client being in breach of the Agreement and Terms & Conditions of the Agreement the following Cancellation Policy Penalty Fees which is in line with the Consumer Protection Act (CPA) 68 of 2008 will apply:
| Notice Period | Deposit Refund of all Payments Received | Refund Percentage Refunded to The Client and Possible Costs Due to Damages and Loss of Business to DJ Butters |
|---|---|---|
| More than 120 days | Partial Refund | 80% of all Payments Received. |
| 30 – 120 days | Partial Refund | 30% of all Payments Received |
| 14 – 30 days | Zero Refund | 0% of all payments received. The balance fee due per Clause 2.5 of the Agreement will become payable immediately to DJ Butters along with any proven consequential damages suffered by DJ Butters. |
| 14 days or less | Zero Refund | 0% of all payments received. The balance fee due per Clause 2.5 of the Agreement will become payable immediately to DJ Butters along with any proven consequential damages suffered by DJ Butters. |
19.2These Cancellation Penalty Fees compensate DJ Butters for loss of business opportunities and resources allocated and booked for the event.
19.3The Client acknowledges that these Cancellation Penalty Fees represent a reasonable pre-estimate of damage suffered by DJ Butters, including but not limited to loss of business, performer commitments, and operational costs.
19.4DJ Butters will endeavor to deliver all Services, Equipment and Performers Booked per the Agreement, however, should DJ Butters be forced to cancel the Agreement for any reason other than The Client being in breach of the Agreement and Terms & Conditions or a valid Force Majeure Event, the deposit amount already paid by The Client shall be refunded in full, unless DJ Butters has a valid reason to cancel the Agreement, in such event DJ Butters shall retain 10% of the fees already paid.
19.5The refund shall be processed within 7 – 14 business days once DJ Butters cancels the Agreement via a written cancellation notification to The Client.
19.6DJ Butters shall not be liable for any loss or damage due to the nature of the cancellation, except where the cancellation arises solely due to DJ Butters material breach of this Agreement then Section 20 may come into effect after an investigation is concluded and it is determined that DJ Butters are Liable for any loss or damage.
20. Liability
20.1DJ Butters maintains insurance for his equipment and operations to the maximum extent permitted by law. DJ Butters liability for any claim after a full investigation arising out of or in connection with this Agreement shall be limited to the total amount paid by The Client under this Agreement and Terms and Conditions.
20.2DJ Butters shall not be liable for any indirect, consequential, or incidental losses, including but not limited to loss of enjoyment, loss of profits, or reputational damages.
20.3Nothing in this Agreement and Terms and Conditions shall exclude or limit liability where such exclusion is not permitted under applicable South African Law.
21. Breach
21.1Should either party be in breach of any of the above clauses and/or the conditions stipulated on the initial quotation and fail to remedy such breach within 7 (seven) days after receiving written notice requiring it to do so, the aggrieved party shall be entitled to enforce its rights in terms of this Agreement.
21.2In the event where DJ Butters is required to institute legal proceedings and/or engage the services of attorneys to recover any amounts due and/or to enforce any rights arising from this Agreement, due to the Client's breach, the Client agrees to be liable for all legal costs incurred by DJ Butters on a scale between an attorney and own client, including collection commission and any other related costs.