Dj Booking Contract Change/cancellation

[KanyeWest1]

I booked two DJs back in July for an event in September, but since then there's been a number of changes from venue to booking fee and the last was 14th August, so the most recent contract was written 14th August. We've had to cancel the event and I'm worried I'm going to have to pay the booking fee anyway. In the contract that I was emailed, there is a section called "Condition Precedent - Binder" which states that "it's a condition of this contract that should it not be signed and returned within 14 days of its issue, subject to no written objections being made within that time period, the terms documented in this contract shall constitute a binding agreement between the parties."

Firstly, I haven't signed anything.
Secondly, I'm within that 2 week binder right now and I have said we don't want to go through with it anymore and he's still telling me I'm going to have to pay up for cancelling.

He's trying to say that the original contract was back in July and this new contract written on 14th August isn't a new contract, it's just a 'simple change'.

What can I do?

[buildersmate]

Well, the devil is going to be in the detail of what both contracts say. However it sounds to me that the DJ has only to revoke the second contract within this two week window you refer to, as presumably that clause can be invoked by him also?, then the original contract stands.
What does the original contract say about rights to cancel?
Does the second contract make it clear that it replaces the whole of the first?

[KanyeWest1]

Well the only difference in the two contracts it that the more recent one states at the top "an agreement on the 14th August". nothing to say the original one is void. although between the first and this one, there's been about 5 more contracts where they made mistakes. for cancellation, it says,

"In the event of cancellation of this engagement by the Promoter for any reason (subject to any specific contrary provision in this Agreement), the Promoter shall be liable and bound to pay 100% of the agreed fee to the Artist as a cancellation charge.
Notwithstanding anything to the contrary contained herein, it is further agreed and understood that the Artist reserves the right to decline to perform on the night if in the Artist’s reasonable opinion the health & safety of the Artist is at risk as a result of negligence or non-compliance with the terms of this contract on the part of the Promoter or their contractors, including by way of example but not limited to such reasons as faulty or insufficient electrical power, inadequate or unsafe staging, inadequate crash barrier or water penetration, and in such circumstances the agents shall be entitled to retain 100% of the agreed fee on behalf of the Artist."

This doesn't sound good but surely because I didn't sign anything nor am I bound to the contract yet, it doesn't matter?

[buildersmate]

But you signed the original contract?

[KanyeWest1]

No, I haven't signed anything at all

[boxtops]

If I understand correctly, the original document says that "if you didn't sign and return in 14 days, the contract is deemed to be a bindlng agreement anyway" - so you are liable for the terms of the original contract, even though it was varied later.

[boxtops]

^ whether you signed anything, or not.

[KanyeWest1]

but surely because we've had like 5 other contracts between now and then, that i would still be liable for all of those? I thought that a new contract would mean the previous ones are deemed void?

[EcclesCake]

I would consider the changes to have been contract amendments, not new contracts.