Terms of Agreement
Terms & Conditions
Applicable to All Performance Engagements with Tim Espinosa
1. Agreement Binding Conditions
This Agreement becomes binding upon (a) the Client’s submission of the non-refundable Retainer Fee and (b) the Client’s electronic acknowledgment that they have read and agreed to these Terms of Agreement at checkout. This acknowledgment constitutes acceptance of this Agreement and is legally binding.
Until both conditions are met, Tim Espinosa is under no obligation to reserve the Event Date, secure personnel, or provide services. All bookings are subject to availability and date confirmation.
1.1 Electronic Agreement
This Agreement is entered into electronically. The Client’s electronic acknowledgment of these Terms of Agreement and submission of the Retainer Fee constitutes acceptance and is legally binding. No physical or electronic signature is required.
2. Retainer Fee & Payment Terms
Upon receipt of the Retainer Fee and the Client’s acknowledgment of these Terms of Agreement, Tim Espinosa will reserve the Event Date and all required personnel and equipment. The Retainer Fee is non-refundable and will be retained as liquidated damages in the event of:
a) Cancellation by the Client (see Section 3);
b) Breach of contract or failure to pay the remaining balance; or
c) Circumstances beyond Tim Espinosa’s control (see Section 7)
Remaining Balance Due: The remaining balance (Total Fee minus Retainer) is due no later than seven (14) calendar days prior to the Event Date. Failure to remit the remaining balance by the due date may result in cancellation of services without refund of the Retainer Fee.
3. Cancellation Policy
The Client may cancel this Agreement with written notice. The following cancellation schedule applies:
90+ days before the Event Date: No additional payment required (Retainer is forfeited)
30–89 days before: 50% of the Total Fee is due
Fewer than 30 days before: 100% of the Total Fee is due
Tim Espinosa may cancel this Agreement for non-payment or breach of any material contractual obligation by the Client.
4. Music Selection (If Applicable)
For events involving violin performance, the Client may submit music requests up to seven (7) calendar days prior to the Event Date. Requests received after that date may not be guaranteed.
5. Access to Event Location
Client shall ensure venue access at least 1.5 hours prior to performance for setup and 1 hour after for breakdown. The Client is responsible for securing any required permits, vendor approvals, or venue-specific access clearances.
6. Media & Production
Tim Espinosa may be accompanied by an Audio Engineer and/or Content Creator (“Assistant”) to provide technical support, manage sound, and capture promotional materials (including but not limited to audio recordings, video, and photography) during the Event. The Client acknowledges and agrees that:
a) Content captured will primarily feature Tim Espinosa and his performance.
b) Any images, video, or audio prominently featuring the Client, their guests, or venue will not be used for promotional purposes without prior written consent.
c) The Assistant will conduct all activities professionally and discreetly, without disruption to the Event.
d) All activities will remain subject to venue policies and restrictions regarding photography, videography, or audio recording.
7. Publicity Rights
Unless otherwise agreed in writing, the Client grants Tim Espinosa permission to use photographs, video, and/or audio recordings of the performance for marketing and promotional purposes.
8. Excused Non-Performance & Substitution
In the event of illness, emergency, or Force Majeure (defined as acts of God, pandemic, fire, flood, war, government orders, etc.), Tim Espinosa will make reasonable efforts to secure a qualified substitute performer. Any substitute will be a professional of comparable skill. If no substitute is available, the Retainer Fee will be refunded in full. This refund shall be the Client’s sole remedy.
9. Responsibility for Damages & Safety
The Client is liable for any damage to instruments, equipment, or injury to personnel caused by guests, venue staff, or environmental hazards. Tim Espinosa reserves the right to halt or cancel a performance due to safety concerns. If such conditions are not remedied in a timely fashion, the performance will be considered fulfilled with no refund issued.
10. Right to Cancel for Harassment or Abuse
Tim Espinosa reserves the right to cancel this Agreement at any time, without refund, if the Client, their representatives, or event guests engage in behavior that is threatening, abusive, discriminatory, harassing, or otherwise harmful to Tim Espinosa or any personnel involved. If this occurs prior to the Event Date, the Agreement shall be considered terminated and any payments made, including the Retainer Fee, shall be retained as liquidated damages.
11. Confidentiality
All pricing, contractual terms, and performance arrangements are confidential and shall not be disclosed to third parties unless required by law.
12. Warranties & Limitation of Liability
No warranties are made beyond those in this Agreement. Liability for any claim arising from this Agreement shall not exceed the amount paid to Tim Espinosa. Neither party shall be liable for incidental or consequential damages.
13. Indemnification
The Client agrees to indemnify and hold Tim Espinosa harmless from any and all claims, damages, or liabilities arising out of the actions of the Client or event guests, except where such claims arise solely from Tim Espinosa’s gross negligence or willful misconduct.
14. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of the State of California. In the event of a dispute, both parties agree to first attempt mediation. If unresolved, the matter shall be settled via binding arbitration in Orange County, CA.
15. Entire Agreement
This document represents the entire Agreement between the parties and supersedes any prior agreements or understandings, whether written or oral