Updated March 9, 2021
Cape Tunes ® legal entity name is "Cape Tunes, LLC".
Cape Tunes ® is a Registered Trade Mark (Serial No. 86479625). Any unauthorized use of the trademark is strictly prohibited without the prior written consent of Cape Tunes, LLC.
Per our contracts (aka agreements), music is provided at a set rate for a set amount of hours. Uplighting is provided at a set rate for a set amount of hours. Photo Booths are provided at a set rate for a set amount of hours. Additional time is available for a set rate per hour. Regardless of the number of hours specified on the contract, if your event is at a venue, we are required to adhere to the times set forth by the venue. If management tells us to end early, we are required to comply. If the police tell us to end early, we are required to comply. No refunds will be given. The clients' retainer of is due within 14 days of the date on the contract.
Client is responsible to be familiar with local noise ordinances, rules, and restrictions. If a venue and/or authorities ask the DJ to lower the volume and/or turn off, we must comply. In these cases, there will be no refund or reimbursement.
For weddings, music is inclusive of ceremony, cocktail hour and recption in same location. Overtime and/or after-parties are priced separately. Please contact us if your ceremony is not at the same location and/or you’d like to add an after-party.
On the contract/agreement, the named, in signing the agreement, or having signed by a representative, acknowledges his/her/their authority to do so, assumes the liability for the full amount of this contract stated above, unless written notice is received no less than 120 days prior to the date of engagement. Events canceled outside of 120 days prior to the original event date will forfeit any monies paid to date. Within 120 days, full payment to be paid regardless if event is canceled. Any/all refunds are subject to a 5% processing fee. The retainer will be put towards the total balance due. Retainers are non-refundable. Any refunds can take up to 30 days to process.
For billing purposes, the following charges may be applied if your event is canceled or postponed:
Phone consultation - $50/hr
FaceTime, Skype or Zoom consultation - $50/hr
In-person consultation - $100/hr
Emails - $25/hour
Contracting - $25/contract
Rescheduling/updating - same as above
The artist’s obligations hereunder are subject to detention by sickness, inability to perform, accident, accidents to means of transportation, Acts of God, riots, strikes, labor difficulties, epidemics, pandemics, acts of terrorism, or act of any public authority of any other cause, similar or dissimilar, beyond the artists’ control. In the event of the aforementioned, the artist will attempt to find a suitable replacement. If that does not happen, client is due a refund. It is the client’s responsibility to secure permits/license if required by city, town or venue. We have the discretion to change equipment if necessary. We are not responsible for equipment failure.
Retainer and contract to be made payable and addressed to:
Scott Rosenthal ~ 777 S. Orleans Rd ~ Brewster, MA 02631
Final balance must be paid at least 30 days before the start of the event.
If not received 14 days prior to event, services will be canceled and all monies forfieted.
The client assumes liability for any damages and/or theft to equipment caused by client’s guests. Client must provide electrical outlet within 6 feet of the DJ set-up and a 6 foot skirted/covered table (many venues provide). For outdoor functions, some form of shelter (canopy, tent, overhang) is required for protection of equipment. If the weather is expected to drop below 60 degrees, the tent needs to have sides and/or a heater. Condensation can ruin equipment. A meal to be provided to the DJ (&/or uplighting &/or photo booth attendant). Please advise caterer the correct number of vendors. Please be considerate, a ham & cheese sandwich is not a “meal”. Client agrees not to defame Cape Tunes on review and/or social media. Contract is fully executed when both client and Scott Rosenthal sign and retainer has been received and deposited. This contract is between client and DJ in regards to any legal responsibilities and/or ramifications. Cape Tunes, LLC is registered in Massachusetts. By signing this contract, the client agrees to all terms & conditions as stated on the Company Policy page of CapeTunes.com
Events on Nantucket & Martha's Vineyard require a NON-REFUNDABLE fee for ferry and hotel stay. Once events on Martha's Vineyard or Nantucket are booked, the transportation and accommodations charges are not refundable and non-transferable.
Discounts including industry courtesy, military and the like are handled as such: If a complimentary artist and/or discount is given, the client is restricted from discussing, questioning, posting and/or further communicating about the rate offered and/or the terms of the contract. If the client discusses rate and/or performance of artist in any manner of communication, Cape Tunes, LLC will invoice the client for full amount normally charged on event date in question.
"Bridezilla clause" (aka The Mollie Clause) - if, at any time, we determine you to be a "Bridezilla", as defined by Merriam-Webster, we have the right to cancel the contract and refund 100% of any monies paid and part ways.
Please keep in mind, if you micromanage your wedding, you’re only setting the bar so high that you’re setting something up for failure. We are "wedding DJs", not club DJs, music producers, or editors. This means we cannot edit words or lines out of songs. We cannot "mash" songs together. We can't speed up or slow down songs.PLEASE do not try to time your walk down the aisle or for introductions perfectly; it never works. If you don’t adhere to our advice while planning your wedding and you feel your DJ failed, you have no right to post any negative reviews and we will take immediate legal action. This includes giving us more than 10 songs on your request list, telling the DJ what to play and/or, when to play it or turning in your "homework forms" in less than 6 weeks prior to your wedding day (we need time to prepare, not only your wedding but all other weddings). It is not our responsibility to track couples down for the forms. Couples are reminded at the time of booking, at the time we receive their contract and/or at the time we receive final payment. It is the couples' responsibility to return their "homework" forms in a timely manner.
On your wedding day - Please allow your DJ to do what you hired them to do. Please do not tell your DJ what to play and when to play it.
Safety / Harassment - if your DJ, photo booth attendant and/or uplighting technician feels threatened for their safety at any time, they have the right to pack their equipment and leave. In this situation, no refund will be given. In this situation, the client has no right to post any negative reviews on any public forum.
We have the right to stop and break down the equipment if we feel guests are out of control, drunk or feel there could be damage or theft to our property and/or if the talent feels personally threatened verbally or physically. This includes DJ, UPLIGHTING and/or PHOTO BOOTH. In these cases, there will be no refund or reimbursement.
Payment is expected for all services rendered. A retainer & signed contract is required to secure a DJ for a specific date. Final payment is to be made at least 30 days prior to the event unless other arrangements have been made. Failure to pay balance within 3 days following event will result in a $50 late fee plus 18% APR. After 60 days, the balance will be referred to a collection agency and all fees paid to collection agency will be responsibility of client.
Your retainer is a reservation fee to hold a specific date. Our "inventory" are dates. Your retainer is reserving our inventory on a specific date and we are no longer able to sell that same date. If you opt to cancel your event, the DJ will not receive normal pay for your date, only the retainer. If we are able to re-book the DJ for your date at the same rate, we will be able to refund your retainer.
Our "homework" forms (music and names checklists) are due back at least six weeks prior to weddings. If forms are not submitted six weeks prior to your wedding, we may not have time to prepare. At that point, we have the right to cancel the contract. We do not want to show up at your wedding unprepared and come off as unprofessional.
Rates are applicable for single location only, if set up in the same room and does not include an after party.
What we require for events:
Six foot table (covered or skirted to hide wires)
To be within three feet of a power source
To be under cover to protect equipment from sun, heat and/or rain
If the weather is expected to drop below 60 degrees, the tent needs to have sides and/or a heater. Condensation can ruin equipment.
Please be aware that the Photo Booth is for entertainment purposes only and is not meant to replace a professional photographer. The quality of the images are less than that of a professional photographer.
Any checks that payment is stopped without prior contact to Cape Tunes, will be subject to 100% reimbursement of check amount plus any applicable bank fees plus an additional $25 service fee from Cape Tunes plus 100% of court fees and our legal representation. Any bounced checks received will be subject to 100% reimbursement of check amount plus any applicable bank fees plus an additional $25 service fee from Cape Tunes plus 100% of court fees and our legal representation.
Any disputed credit card amounts will be subject to 100% reimbursement of amount plus any applicable fees plus an additional $100 service fee from Cape Tunes plus 100% of court fees and our legal representation.
Any services booked are final 60 days before the day of the event. In other words, if you cancel a DJ, Photo Booth and/or photographer 60 days or less prior to the event, no monies will be refunded.
In any matters resulting in collection and/or court proceedings, Cape Tunes, LLC will seek 100% reimbursement of expended funds and reimbursement for time invested.
We do not waste time, legal representation is contacted within 72 hours and we will invoice client immediately.
Any refunds, no matter the amount, disallows client to post any negative or disparaging comments on review sites and/or social media. If a refund is issued and client leaves negative or disparaging comments on review sites and/or social media, client is to reimburse full amount that was refunded.
If you have any challenges and/or dissatisfaction with any part of our communication or services, you must submit it in writing via email within 14 days of your event. We will review and respond via email. After 14 days, no claims will be accepted.
What Type of Information Does Cape Tunes Collect?
Personal Information that may be collected by Cape Tunes may include:
Name, postal address, phone number, and e-mail address.
Financial account information, such as credit card number and other payment information.
We may also collect information about you such as:
To allow "Like" buttons and "Share" buttons to work
To collect information about your browsing habits and share it with other websites so they can display advertising that is more relevant to you
Web beacons are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. We may also use Local Shared Objects (Flash cookies). To identify Local Shared Objects on your computer and adjust your settings, visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
Cape Tunes may also collect aggregated data or anonymized data that does not directly identify you.
We may combine information we collect about you with information we receive from third parties.
How Does Cape Tunes Use Information About You?
Cape Tunes may use information about you for purposes described in this Policy or disclosed to you on our Sites or with our Services. For example, we may use information about you to:
Process and manage your purchase and use of Cape Tunes products and services, including your accounts and program participation.
Respond to your customer service inquiries, post your comments or statements on any blog or other online forum maintained on our Sites, or take other actions in response to your inquiries or other Site activities.
Create personalized promotions by combining your personal information with non personal information about you, such as the amounts and types of purchases you make or any benefits you receive through our programs.
Communicate with you about your orders or purchases, your services, accounts and program participation, a contest or sweepstakes you have entered, and your requests for information.
Communicate with you about our brands, products, events or other promotional purposes, including co-branded offers and affiliate and partner offers.
Does Cape Tunes Share Personal Information with Third Parties?
Cape Tunes shares your personal information in limited ways.
Cape Tunes may post images and/or videos from your event on various social media site or use images and/or videos for promotional purposes. If you do not want your images and/or videos posted on social media or used for promotional purposes, please advise us in writing.
We may share personal information about you with others with your consent.
We may also share information with companies that provide support services to us (such as credit card processors, mailing houses or website hosts) and that help us market our products and services (such as email vendors). These companies may use information about you to perform their functions on our behalf.
If you participate in any blog or other online forum on our Sites, any personal information that you post on our Sites may be shared with other forum participants and Site visitors.
In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, Cape Tunes may disclose personal information to those involved in the negotiation or transfer.
We may also share aggregated or anonymized information that does not directly identify you.
What Choices Does Cape Tunes Offer About Personal Information?
Cape Tunes offers choices for you to request to update or change your personal information and how we communicate with you. Here are some of the ways you can request changes:
Follow the opt-out instructions in promotional emails we send you.
Log in to your CapeTunes.com account, if you have one, and visit the profile management section to manage your contact information (SMS text, email and postal address) preferences and to update your personal information.
If you opt out of receiving promotional communications from us, we may still send you non-promotional communications such as emails about your accounts or our ongoing business relations.
You can usually choose to set your browser to warn you when a cookie is being sent or to remove or reject cookies. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you choose to remove or reject cookies, it will affect many features or Services on our Sites.
How is Personal Information Secured?
Cape Tunes takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information.
While we take these reasonable efforts to safeguard your personal information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Questions and Feedback
We welcome your questions, comments and concerns about privacy.
Cape Tunes Customer Service can be contacted by email info@CapeTunes.com