Terms & Conditions
 

CLIENTS and/or BUYERS will be subject to the following standard terms and conditions for all events in which AMI Entertainment Co. (COMPANY) has been hired to perform or provide services. These conditions are in addition to any specific term or agreement that is made on a per-event basis. Payments made by CLIENTS and/or BUYERS directly to COMPANY, will enter CLIENTS and/or BUYERS into agreement with COMPANY in which the following terms and conditions will immediately take effect. These terms and conditions are subject to change at any time and without notice.

A. EXCUSED PERFORMANCE

 

If, as the result of a Force Majeure Event (as defined below), AMI ENTERTAINMENT CO. is unable to, or prevented from, performing the Engagement or any portion thereof or any material obligation under this Agreement, then AMI ENTERTAINMENT CO. will issue a credit to the CLIENT for further scheduling upon a new, mutually convenient date. PAYMENTS are non-refundable unless otherwise stated by this agreement under specific conditions hereinafter.

 

A "Force Majeure Event" shall mean any one or more of the following acts which makes any performance(s) by AMI ENTERTAINMENT CO. or CLIENT contemplated by this Agreement impossible, infeasible or unsafe: acts of God; act(s) or regulation(s) of any public authority or bureau, civil tumult, epidemic, act(s) of the public enemy; act(s) or threats of terrorism; threats; insurrections; riots or other forms of civil disorder in, or around, the Engagement venue or which CLIENT and/or AMI ENTERTAINMENT CO. reasonably believe jeopardizes the safety of CLIENT’s guests, family members, attendees or AMI ENTERTAINMENT CO. MUSICIANS or MUSICIAN’S EQUIPMENT, or any of AMI ENTERTAINMENT CO’S key personnel; embargoes; labor disputes (including, without limitation, strikes, lockouts, job actions, or boycotts); fires; explosions; floods; shortages of energy or other essential services; failure of technical facilities; failure or delay of transportation; death, disability, illness, injury or other inability to perform of CLIENT and AMI ENTERTAINMENT CO., and any of AMI ENTERTAINMENT CO‘s musicians, performers or key personnel.

In the event of a death by CLIENT or CLIENT’s PARTNER prior to thirty (30) days before the event, COMPANY will release CLIENT of liability to pay remaining BALANCE payment but reserves right to keep all monies previously paid in the form of DEPOSITS or initial payments. In the event of a death by CLIENT or CLIENT's PARTNER within thirty (30) days before the event, all payments shall remain non-refundable. COMPANY may issue a refund, a portion of, or a credit at its own discretion but reserves the right to keep all monies owed as described herein this contract.

In the event of a serious injury by CLIENT or CLIENT's PARTNER prior to thirty (30) days before the event and requiring the re-scheduling of the event, COMPANY will issue a credit to the CLIENT for further scheduling upon a new, mutually convenient date. In the event of a serious injury by CLIENT or CLIENT's PARTNER within thirty (30) days before the event, all payments shall remain non-refundable. COMPANY may issue a refund, a portion of, or a credit at its own discretion but reserves the right to keep all monies owed as described herein this contract.

B. INCLEMENT WEATHER

 

Notwithstanding, inclement weather shall not be deemed a Force Majeure event. AMI ENTERTAINMENT CO. shall have the right to determine in good faith whether any weather conditions shall render the performance(s) impossible, hazardous or unsafe. COMPANY will issue a credit to the CLIENT for further scheduling upon a new, mutually convenient date shall weather conditions (Hurricane, Tropical Storm or other major weather event) render the performance(s) impossible, hazardous or unsafe. PAYMENTS are non-refundable unless otherwise stated by this agreement under specific conditions hereinafter.

 

C. CLIENT'S RIGHT TO CANCEL

 

AMI ENTERTAINMENT CO. agrees that the CLIENT may cancel the Engagement hereunder by giving AMI ENTERTAINMENT CO. written notice thereof at least thirty (30) days prior to the commencement date of the Engagement. All deposits and payments are non-refundable unless otherwise stated by this agreement under specific conditions. If the CONTRACT is less than $500, the amount shall be paid in full at the time of the execution of the contract. If the CONTRACT exceeds $500, a non-refundable DEPOSIT of half the total contract amount shall be paid to and in the name of AMI ENTERTAINMENT CO. upon execution of contract to reserve the date and musicians. A non-refundable BALANCE payment shall be made at least thirty (30) days prior to the commencement date of the Engagement in order for the event to proceed. If the CLIENT has not yet paid the BALANCE upon cancellation, the CLIENT will not be responsible for the remaining BALANCE and each party shall bear their own costs and loses accordingly. COMPANY will release CLIENT of liability of any unpaid BALANCE payments at time of cancellation only if done at least thirty (30) days prior to event date. COMPANY reserves right to keep all monies paid in the form of DEPOSITS or initial payments. AMI ENTERTAINMENT CO. may issue a refund, a portion of, or a credit at its own discretion but reserves the right to keep all monies owed as described herein this contract. A 5% Transaction Fee will be processed for all electronic transactions.

D. CANCELLATION BY COMPANY

In the event of a cancellation by AMI ENTERTAINMENT CO., except as otherwise specified in the Excused Performance section above, AMI ENTERTAINMENT CO. shall issue CLIENT a full refund of any and all advance payments and deposits.

E. CLIENT CHANGE OF DATE/VENUE REQUEST

 

Any Change of Date/Venue requests made by CLIENT must be in written notice thereof at least ninety (90) days prior to the original commencement date of the Engagement. Should CLIENT elect to change the date/venue of the event, the COMPANY will work with CLIENT to find a date/venue mutually convenient as well as assess a CHANGE OF DATE/VENUE FEE. This fee will consist of 20% of the original contract amount for events up to $10,000 and 15% of the original contract amount for events greater than $10,000 in service value. Change of Date/Venue requests may be denied at any point at the discretion of AMI ENTERTAINMENT CO. which reserves the right to keep all monies owed as described herein this contract.

 

F. LIMITATION OF LIABILITY

 

AMI ENTERTAINMENT CO. is insured for general liabilities up to $1 million in coverage afforded by Lloyd’s of London (hereinafter referred to as “INSURER”). COMPANY agrees to provide a Certificate of Insurance to the venue, and/or CLIENT upon request for a $100 flat rate fee. In no event shall AMI ENTERTAINMENT CO. (or any of its respective agents, representatives, principals, employees, officers, directors or affiliates) be liable to CLIENT for any indirect, incidental, consequential, special, punitive (or exemplary), or any similar damages, including, without limitation, lost profits, loss of revenue or income, cost of capital, or loss of business reputation or opportunity, arising out of AMI ENTERTAINMENT CO’s performance or obligations under this Agreement, unless by otherwise proven COMPANY negligence. In such case, under no circumstances shall the liability of AMI ENTERTAINMENT CO. (or any of their respective agents, representatives, principals, employees, officers, directors or affiliates) exceed the amount equal to the Guarantee received by COMPANY in accordance to the terms of the Agreement.

G. CONFIGURATION / INSTRUMENTATION OF PERFORMERS

 

Configuration / Instrumentation of performers is subject to change. COMPANY reserves the right to substitute any performer based on availability, illness or emergency that may deem performance unfeasible. COMPANY guarantees high quality of all performers in the event of a substitution. Specific performers may be requested but may be substituted at any time in order to maintain continuity of the performance. COMPANY will, in good faith, attempt to provide performers seen on promotional or marketing videos. In the event of a death, serious injury, or other emergency by one or any of AMI ENTERTAINMENT CO.’s musicians, performers or key personnel, AMI ENTERTAINMENT CO. will provide a suitable performer of the same quality or better to ensure the continuity of the event should such event move forward under reasonable conditions deemed safe for all guests and AMI ENTERTAINMENT CO’s performers/key personnel.

H. RECORDINGS

COMPANY reserves the right to record its own performers, personnel and services for promotional and quality evaluation purposes at any given time during the event. Photographs and/or video recordings may be published online and/or various other platforms for promotional and quality evaluation purposes.

I. PERFORMER/MUSICIAN/TALENT CONSIDERATIONS 

If COMPANY is required to perform for a longer period of time than agreed herein with the CLIENT, there will be an overtime fee assessed according to contract. 

The CLIENT is responsible for providing validated parking for all COMPANY musicians/personnel. AMI ENTERTAINMENT CO. and team members will not be responsible for any parking fees assessed at the event location(s). Partial Parking Validations are not acceptable. This can be accommodated through the venue or paid for separately in advance.

Hot vendor meals for all team members/personnel will be required for events of 2 hours or more. Exact number of vendor meals will be specified in your contract.

J. NOTICES

All notices required hereunder shall be given in writing at the addresses located in the CONTACT tab of this website.