These Terms & Conditions (“Terms”) govern your access to and use of the Deejay Al website at deejayal.com, any subdomains, the Client Portal, newsletters, guest list system, and all booking and performance services (collectively, the “Services”). The Services are operated by Deejay Al (“Deejay Al,” “we,” “us,” or “our”).
By accessing the Services, submitting a booking inquiry, signing up for the newsletter, joining a guest list, creating a Client Portal account, or signing a performance agreement, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years of age to submit a booking inquiry, sign an agreement, or maintain a Client Portal account. By using the Services, you represent that you meet this requirement and that the information you provide is accurate and complete.
2. The Services
Website & Public Content
The Site provides information about Deejay Al, upcoming events, booking options, and related content. All information is provided on an “as-is” basis and may change without notice.
Newsletter
By submitting the newsletter form you consent to receive marketing emails about upcoming shows, guest list drops, and exclusive events. You may unsubscribe at any time using the link in any email.
Guest List
Submitting a guest list request does not guarantee admission. Final admission is subject to the venue’s capacity, policies (including age and dress code), and discretion. Each guest is responsible for complying with all venue rules and applicable law.
Private Bookings
Booking inquiries submitted through the Site are requests, not confirmed engagements. A booking is confirmed only upon our countersignature of a written performance agreement and receipt of any required deposit. The performance agreement, together with these Terms and any exhibits, constitutes the full agreement governing that engagement and, in the event of a conflict, the performance agreement controls as to that engagement.
Client Portal
The Client Portal is restricted to active clients whose accounts have been created or authorized by us. Access to the Client Portal is not automatic; it is granted after a prospective client becomes an active client or is otherwise added by us. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at security@deejayal.com if you suspect unauthorized access.
3. Bookings, Deposits & Payment
- Deposit. Unless the performance agreement states otherwise, a non-refundable deposit is due on execution of the agreement. The event date is not held until the deposit is received.
- Balance. The remaining balance is due on or before the date specified in the performance agreement. Failure to pay by the due date may result in cancellation without refund of amounts previously paid.
- Taxes & fees. Fees are exclusive of applicable sales or use tax, venue fees, travel, lodging, equipment rental, and third-party processor fees, which are your responsibility unless expressly stated otherwise.
- Chargebacks. You agree not to initiate a chargeback or payment dispute for services performed. Disputed items must first be raised with us in writing within 10 days of the event.
4. Cancellation, Rescheduling & Force Majeure
- Client cancellation. Deposits are non-refundable. Cancellations made within 60 days of the event forfeit all amounts paid and trigger the full balance as liquidated damages, which the parties agree is a reasonable estimate of our losses.
- Rescheduling. We will make commercially reasonable efforts to accommodate one reschedule request subject to availability and any incremental fees. Rescheduled dates must occur within 12 months of the original date.
- Artist cancellation. If we must cancel for any reason attributable to us, our sole liability is a full refund of amounts paid, without further damages.
- Force majeure. Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, severe weather, public health emergencies, government orders, strikes, loss of power or internet, or venue closure. The parties will cooperate in good faith to reschedule; if rescheduling is not feasible, we will refund unearned deposits on a pro-rata basis.
5. Performance & Conduct
- We will use reasonable professional skill and care to perform the engagement as described in the performance agreement.
- You are responsible for providing adequate power, stage space, shelter from weather, and a safe working environment.
- We may refuse to perform, or stop performing, where conditions are unsafe, where equipment is tampered with, or where attendees engage in harassment, threats, or illegal conduct. Fees remain due in such circumstances.
- The Artist retains full creative control over song selection, transitions, and programming, informed by your must-play and do-not-play lists.
6. Recording, Photography & Publicity
Unless expressly prohibited in writing in the performance agreement, you grant us the non-exclusive, royalty-free right to photograph and record (audio and video) the engagement and to use such materials, together with your business name and venue name, for portfolio, social media, and marketing purposes. Attendees’ faces and personally identifiable features will be obscured in public marketing materials on request.
7. Intellectual Property
Our Content
All content on the Site — including text, graphics, photographs, video, audio, logos, the Deejay Al mark, and software — is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without our prior written permission.
Third-Party Music & Licensing
Recorded music played during performances is performed under the venue’s or promoter’s public performance licenses (e.g., ASCAP, BMI, SESAC). You represent that the venue holds all necessary public performance licenses for the event. We do not grant any synchronization or reproduction rights to any underlying sound recordings or compositions.
User Submissions
If you submit song lists, photographs, messages, or other content through the Services, you represent that you have the right to do so and grant us a worldwide, royalty-free license to use that content solely to provide and improve the Services.
8. Acceptable Use
You agree not to:
- Use the Services to violate any law or third-party right;
- Attempt to gain unauthorized access to any account, server, or system, or probe the Services for vulnerabilities;
- Introduce malware, worms, or any other harmful code;
- Scrape, harvest, or collect information about other users without authorization;
- Use the Services to send spam, phishing, or other abusive communications;
- Impersonate any person or misrepresent your affiliation with any person or entity.
9. Electronic Signatures & Records
When you sign a performance agreement or other document through the Site (for example, via the signing flow at /sign/[token]), you consent to the use of electronic records and electronic signatures. Your typed full legal name, together with the associated timestamp, IP address, and session metadata we capture, constitutes your legal signature under the federal Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001 et seq.) and applicable state equivalents (including the California Uniform Electronic Transactions Act). You may withdraw consent to electronic records by contacting us at bookings@deejayal.com before signing; withdrawing consent may prevent you from completing the transaction.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEEJAY AL, ITS OWNERS, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100) IF YOU HAVE NOT PAID US ANY AMOUNT.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any liability that cannot be limited by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Deejay Al and its owners, agents, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or any representation made to us; (b) your violation of any law or third-party right, including intellectual property and privacy rights; and (c) your use or misuse of the Services.
13. Governing Law & Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to Section 14, the state and federal courts located in San Diego County, California, have exclusive jurisdiction over any disputes not subject to arbitration, and you consent to personal jurisdiction in those courts.
14. Binding Arbitration & Class Waiver
Read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Any dispute, claim, or controversy between you and Deejay Al arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures. Arbitration will take place in San Diego County, California (or by video conference at the arbitrator’s discretion), in the English language, before a single arbitrator. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. You and Deejay Al agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate claims or preside over a class or representative proceeding.
Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@deejayal.com within 30 days of first accepting these Terms, including your full name and the email associated with your use of the Services. Opting out will not affect any other part of these Terms.
Regardless of the foregoing, either party may bring an individual action in small-claims court or seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
15. Termination
We may suspend or terminate your access to the Services, including the Client Portal, at any time for any reason, including violation of these Terms. On termination, all rights granted to you cease immediately. Provisions that by their nature should survive termination (including Sections 7, 10–14, and 17) will survive.
16. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the “Effective” date at the top of this page and, where appropriate, provide additional notice. Changes apply prospectively to your continued use of the Services. If you do not agree to a change, stop using the Services before the effective date.
17. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, and any performance agreement you sign constitute the entire agreement between you and us and supersede all prior or contemporaneous understandings on the same subject.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. A failure to enforce any provision is not a waiver of that provision.
- Notices. We may provide notices by email or by posting on the Site. Notices to us must be sent to legal@deejayal.com.
- Headings. Section titles are for convenience only and do not affect interpretation.
18. Contact
Questions about these Terms? Contact us at legal@deejayal.com.
