Wicked Awesome Studio Karaoke Host & Event DJ Rider

PARTIES & TERM: This Agreement (the “Rider”), effective from Event Start Date of until completion of the Services (the “Term”), is by and between the following:

 

Wicked Awesome Studio Karaoke Host or Event DJ:

 

Wicked Awesome Studio

c/o Ralph Hudson

47 Harvard Drive

Box 324

Shearwater, Nova Scotia, Canada  B0J 3A0

 

(the “Host”), and

 

the Client or Customer (the “Client”):

 

The Host and the Client are each referred to as a “Party” and, collectively, as the “Parties.”

 

IN CONSIDERATION of the provisions contained in this Rider and for other good and valuable consideration, the Client hires the Host to work under the terms and conditions hereby agreed upon by the Parties for the duration of the Term.

 

SERVICES:

 

The Host agrees to provide the following:

  • Transportation of Host and service-delivery-related equipment to and from Venue
  • Setup and Striking (tear-down/removal) of all service-delivery-related equipment prior to and after Event (approx. 90 minutes required for Setup and 90 minutes for Striking)
  • Delivery of live Karaoke or Event DJ show(s) as requested by the Client
  • Minimum four-hour performance time (or more/less, depending upon individual Rider)
  • All sound/audio and video equipment required to deliver live Karaoke or Event DJ show(s), unless Venue has functional sound/equipment available to support connectivity, whereby Host will liaise with Client and/or Venue to determine best practices for connectivity (ie. connecting to Venue sound/audio and/or video systems

 

The Client agrees to provide the following:

  • Standard Vehicle Parking for one Host
  • Access to washroom facilities
  • Access to fresh, clean, potable drinking water
  • A safe and functional indoor or weather-protected Stage Area at the Venue to accommodate stage lighting and performance area (preferred dimensions: 10 ft X 10 ft X 8 ft ceiling)
  • A safe and functional indoor or weather-protected Host Table/Booth Area at the Venue to accommodate the Host table and seating for up to two Hosts (minimum area dimensions: 8 ft X 6 ft)
  • Minimum four 120V/60Hz electrical outlets within 20 ft of Stage Area (for stage lights) and Host Booth (for computer, audio/sound/video equipment)
  • Access to High-Speed Internet connectivity for the purposes of:
  • Host connection to required event-delivery-related online applications or software, websites or streaming platform services
  • Patron/Guest connection to required event-delivery-related online applications or software, websites or streaming platform services, as directed by the Host

 

Hereinafter known as the “Services.”

 

The Client must make every effort for the provision of access to a reliable Internet network or cellular service.

 

The Host guarantees that they shall perform the Services in compliance with the policies, standards, and regulations of the Client, including local, provincial, and federal laws, and to the best of their abilities.

 

EVENT: The Host will perform the Services at the Event Location (Venue) and time determined by the information entered into the appropriate areas at the bottom of this Rider, or via the Host's official website booking tool;

 

hereinafter known as the “Event.”


Ongoing Events: Ongoing Events, commonly referred to as "regular gigs", may be arranged by the Client to engage the Host for recurring and/or regularly scheduled Events (ie. Weekly, Monthly, etc.). In this circumstance, the Client and Host may agree to on ongoing arrangement, which can be noted in the appropriate area at the bottom of this Rider.

 

The Client will, if organizing the Event at a Venue not owned or rented by the Client, make all arrangements to notify the Venue management/owners/staff of this Rider,  and assume all responsibility for their own and their guests'/patrons' conduct at the Venue (in or on the Venue's premises) during the Event.

 

PAYMENT AMOUNT: The Client agrees to pay the Host the following compensation for the Services performed under this Rider:

 

  • Per Event: $500 CDN for the completion of the Services
  • Per Hour: $125/hour CDN
  • Additional Hour(s): $100 (or part thereof)

 

Hereinafter known as the “Compensation.”

 

DEPOSIT: First-time Clients may be required to submit a Deposit in the amount of $250 CDN to the Host. The Deposit is Refundable if cancelled more than 24 hours prior to Event. Non-Refundable if cancelled within 24 hours of Event. Deposit may be waived for ongoing or regularly scheduled engagements between the Client and Host OR upon agreement between Client and Host.

 

OVERTIME RATE: If the Host is requested to continue providing Services beyond the time stated in Section 3, the Client shall pay the Host for the additional Services at the rate of $100 CDN per hour or part thereof.
 

PAYMENT: The Client shall pay the Compensation:

 

  • Upon completion of the Services performed
  • Upon the Client receiving an invoice from the Host

 

PAYMENT METHODS: The Client shall submit payment via:

 

  • PayPal
  • Direct Deposit (for recurring events as per individual Riders)
  • E-Transfer from Client Online Banking App or Website to: admin@wickedawesome.ca
  • Cash ($CDN)

 

TERMINATION: The Parties shall have the right to terminate this Rider in accordance with the following terms and conditions:
 

Termination by Client with Notice: The Client may terminate this Rider at any time prior to the Event by providing at least 24 hours notice to the Host (by phone, email, or text message). Upon termination, the Client shall be entitled to a refund of all monies paid less the non-refundable deposit, if any, required under Section 5.


Termination by Host with Notice: The Host may terminate this Rider at any time prior to the Event by providing at least 24 hours notice to the Client (by phone, email, or text message). If the Host terminates, they must provide a suitable replacement Host if available, subject to the Client’s approval. If unable to provide a suitable replacement Host, the Host shall refund all monies previously paid by the Client, including the non-refundable deposit, if any, required under Section 5.

 

Termination by Either Party Without Notice: If either Party terminates this Rider without adequate notice, as described above, for any extenuating circumstances, including, but limited to, illness, acts of nature, or for personal or business-related reasons, the terminating Party shall be subject to the following:

 

Client: Forfeiture of Deposit and/or Full Amount due from Client.

Host: Attempt to re-schedule Event (if paid in full)

 

INSPECTION OF SERVICES: Any Compensation shall be subject to the Client inspecting the completed Services provided by the Host. If any of the Services performed by the Host pursuant to this Rider are defective or incomplete, the Client shall have the right to notify the Host, at which time the Host shall promptly correct such work within a reasonable time.

 

RETURN OF PROPERTY: Upon termination of this Rider, all property provided (if any) by the Client must be returned by the Host. Failure to do so may result in a delay in any final payment made by the Client.
 

MUTUAL INDEMNIFICATION: Subject to the terms and conditions set forth in this Rider, each Party shall indemnify, hold harmless, and defend the other Party and its managers, officers, directors, employees, agents, affiliates, and permitted successors and assigns, against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are brought on account of any injuries or damage, or loss, real or alleged, received or sustained by any person, persons, or property, arising out of the Services provided under this Rider or by either Party’s failure to perform or comply with any requirements of this Rider, including, but not limited to, any claims for personal injury, property damage, infringement of copyright, patent, or other proprietary rights. NOTE: The Host possesses valid Commercial General Liability Insurance.

 

CONFIDENTIALITY: The Host acknowledges and agrees that all of the Client’s financial and accounting records, lists of property, including amounts paid, client and customer lists, and any other data and information related to the Client’s business is confidential (the “Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, the Host shall not, during the Term of this Rider on or after its termination or end, disclose any Confidential Information for the benefit of the Host or any other person, except with prior written consent from the Client.

 

Return of Documents: The Host acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Rider or upon written request of the Client.

 

Injunction: The Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Host under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Host agrees that should they breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client.

 

No Release: The Host agrees that the termination of this Rider shall not release them from the obligations in this Section.

 

TAXES: The Host shall pay and be solely responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, or local governmental entity on any amounts payable by Host hereunder. Any such taxes, duties, and charges currently assessed, or which may be assessed in the future, that are applicable to the Services are for the Host's account, and the Host hereby agrees to pay such taxes. Further, the Host is solely responsible for the withholding of income taxes of the Host’s personnel, and the payment and withholding of payroll taxes, unemployment insurance, workers' compensation insurance payments, and disability benefits thereof.
 

INDEPENDENT CONTRACTOR STATUS: The Host, under the code of the Canada Revenue Service (CRS), is an independent contractor and neither the Host or their employees or contract personnel are, or shall be deemed, the Client's employees. In its capacity as an independent contractor, the Host agrees and represents that:

 

  • The Host has the right to perform Services for others during the Term of this Rider;
  • The Host has the sole right to control and direct the means, manner, and method by which the Services required under this Rider will be performed;
  • The Host shall select the routes taken, starting and ending times, days of work, and the order in which work will be performed;
  • Neither the Host nor the Host’s employees or personnel shall be required to wear any uniforms provided by the Client;
  • The Services required by this Rider shall be performed by the Host or the Host’s employees or personnel, and the Client will not hire, supervise, or pay assistants to help the Host;
  • Neither the Host nor the Host’s employees or personnel shall receive any training from the Client for the professional skills necessary to perform the Services required by this Rider; and
  • Neither the Host nor the Host’s employees or personnel shall be required by the Client to devote full time to the performance of the Services required by this Rider.

 

SAFETY: The Host shall be solely responsible for protecting its employees, sub-service providers, material suppliers, and all other persons from risk of death, injury, or bodily harm arising from or in any way related to the Services or the site where Services are being performed (the “Work Site”). In addition, Host agrees to act in accordance with the rules and regulations administered by provincial and/or federal law and any OSHA organization. The Host shall be solely responsible and liable for any penalties, fines, or fees incurred.

 

The Host possesses valid Commercial General Liability Insurance.

 

ALCOHOL AND DRUGS: The Host agrees that the presence of alcohol and legal recreational drugs may be made available by the Client for their patrons or guests on the Work Site and while performing their Services.

 

SUCCESSORS AND ASSIGNS: The provisions of this Rider shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Host or Client an obligation after termination or expiration of this Rider shall survive termination or expiration hereof and be binding upon the Host or Client.

 

DEFAULT: In the event of default under this Rider, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, claims identified in Section 11, equitable relief under Section 12, and as otherwise permitted by this Rider or by law.

 

NO WAIVER: No waiver of any provision of this Rider shall be deemed or shall constitute a continuing waiver. This Rider shall be binding unless executed in writing by the Party making the waiver.

 

GOVERNING LAW: This Rider shall be governed under the laws in the Provinces or Territories of Canada.

 

SEVERABILITY: This Rider shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court administers that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

 ADDITIONAL TERMS AND CONDITIONS:

 

The Host reserves the exclusive right to change the Terms of the Rider at their sole discretion and shall inform the Client of changes as soon as practically possible.
 

ENTIRE RIDER: This Rider constitutes the entire agreement between the Parties to its subject matter and supersedes all prior agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Rider shall be binding unless executed in writing by the Parties.

 

The Parties shall consider this Rider in effect upon Client submission of Deposit of funds to Host.

 

For questions or concerns please contact Wicked Awesome at admin@wickedawesome.ca