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 Eden USA: Terms and Conditions 

View Our Terms and Conditions in PDF Format

VIEW/PRINT Terms and Conditions in PDF Format

  

The following are EDEN USA, INCORPORATED (hereinafter referred to only as "Eden USA, Incorporated" or just "EDEN", "EDEN USA", or "PROVIDER") combined TERMS AND CONDITIONS (AKA "CONTRACT") for ALL rentals, purchases, and professional services, between EDEN and it's clients (hereinafter referred to only as "PURCHASER").  The definition of PURCHASER for this CONTRACT between EDEN USA and PURCHASER is as follows: As EDEN's purchasing and booking processes are primarily handled ONLINE on our website, rather than need an actual signature, we utilize the accepted standard of using a REQUIRED checkbox during checkout.  If the checkbox is NOT checked, the purchase/booking process will terminate.  Therefore, the definition of "PURCHASER", for all intents and purposes serving this contract, is that person who ultimately uses his/her credit or debit card to pay for the initial deposit to EDEN to purchase goods or secure services.  BOTH by physically entering a mark into the checkbox during the checkout process; AND (b), by paying ANY amount against the EDEN invoice, this person agrees to accept the terms and conditions of this contract as relative to their purchase, including (but not strictly limited to), personal guarantee of payment of any remaining balance(s), and acceptance of all liabilities (including first or third-party collection fees) arising from the non-payment of balance(s), those issues involving missing or damaged equipment.  Please note that EDEN WILL contact the credit card holder if the name is different from the PURCHASER, or original contact person or persons.  If the card holder has no knowledge of the transaction, the purchase/booking is immediately cancelled and the goods and/or services will NOT be rendered, unless the matter is immediately resolved.  Note that this means that the "client" and the "purchaser" could be different persons, but for the purposes of facilitating this contract, insofar as EDEN is concerned, THEY ARE ONE AND THE SAME, except that the actual cardholder WILL become the person or entity fully liable for the terms of the contract, as applicable.

It is important to note and understand that as EDEN USA offers gear RENTALS as well as full productios involving staging, lighting, audio engineering (one or more), and DJ SERVICES, not very section below will apply to your booking type.  IT IS ALSO VERY IMPORTANT TO UNDERSTAND THAT THESE TERMS AND CONDITIONS ARE the PRIMARY CONTRACT BETWEEN EDEN USA AND THE PURCHASER.  Please read through each section AS IS PERTINENT to your booking type.  These Terms and Conditions normally will SUPERSEDE any language contained in any other contract with EDEN USA, especially if such language is similar or the same.  These terms supersede any other terms that the PURCHASER may present as part of their purchase of services from EDEN USA.

If for any reason PURCHASER receives an additional contract from EDEN, if that contract omits any of the language below, then the language in this TERMS AND CONDITIONS document are the most current, and must be obliged by.  Please note that when the PURCHASER approves by email or signs an Estimate/Purchase Order, pays on any portion of an EDEN invoice, or signs a Contract with EDEN, PURCHASER agrees with the portions of these Terms and Conditions that apply, and the services or equipment being purchased/rented.  EDEN may change the language in these Terms and Conditions at any time, but the language contained within is pertinent to PURCHASER'S booking at the time of booking (that is, please PRINT this document when booking, and attach to all invoice(s)).  If PURCHASER has entered into a multiple-purchase booking (i.e., "Blanket Purchase Order"), the acceptance of these Terms and Conditions, (AND subsequently the multiple-purchase booking) occurs upon PURCHASER making any payment toward the first of the multiple-bookings.


GENERAL STATEMENTS FOR ALL SERVICES (Rentals, Sales, Live Sound Engineering, DJ Services)

I. ABOUT EDEN USA: The company "EDEN USA, INCORPORATED", a Nevada Corporation, (hereinafter referred to only as either "EDEN" or "PROVIDER" or "EDEN USA"), primarily provides short and medium-term rental services of staging, audio, lighting, AV, and DJ equipment for events and display (show) purposes.  PROVIDER also leases equipment for long-term production, nightclub, or touring purposes.  IMPORTANT: These Terms and Conditions AND the invoice CONSTITUTE the entire AGREEMENT between the PROVIDER and PURCHASER, and cannot be changed after execution of contract (confirmation of booking).  This agreement shall be interpreted under the laws of the State in which the rental service occurs. RENTALS and RESERVATION: Unless advertised online, PROVIDER does not normally SELL any equipment (however, please see the "USED GEAR SALES" statement in the next paragraph).  Availability of certain merchandise may be limited, and reservation preference may be given to PURCHASERS with a proven account history.  A reservation deposit, (usually 25% or 50% of the total invoice), is required to reserve your booking, and for security purposes as described below in this document.  PROVIDER's service areas are selective and subject to change with or without notice.

II. SERVICE GUARANTEE-PART 1 (Late, Cancellation, or No Show): The agreement of PROVIDER to perform is subject to potential detention by unpredictable traffic conditions, accidents, riots, strikes, epidemics, act(s) of God or nature, or other conditions beyond the PROVIDER's control.  If PROVIDER must cancel service, or is detained for any reason, PURCHASER will be notified as soon as possible.  PROVIDER will attempt provisioning of other services, or will assist in locating another provider, but is no way liable for any damages arising from a no-show, or from being "late" to an event (see PART 2 for more information regarding arrival time and time/date rescheduling).  Please note that the PURCHASER, by accepting the terms of this contract, agrees to NOT defame the reputation of the company in any way, due to a necessary cancellation or being deemed "late."

III. SERVICE GUARANTEE-PART 2 (Arrival Time): As TRAFFIC/WEATHER is very unpredictable in all large cities in the U.S., the PROVIDERS's ACTUAL ARRIVAL TIME will be dependent on many factors.  Therefore, PURCHASER agrees to honor a 1.5-HOUR GRACE TIME from the CONTRACTED/AGREED UPON arrival time, (which is set by the PROVIDER for the PROVIDER's purposes more so than for the PURCHASER'S purposes).  Therefore, PLEASE arrange and agree upon an arrival time which makes the most sense for both parties, and keep in mind that regardless of arrival time, so long as the contracted services are performed BEFORE the event START time, the PROVIDER cannot be held liable for what the PURCHASER deems to be a "late" arrival.  If PURCHASER requires a PRECISE ARRIVAL TIME, this can be arranged for an additional fee of $100.00 per event.  Also, a $75.00 fee will occur, if PURCHASER CHANGES any aspect of the event date/time anytime within 1-WEEK of the event.  Furthermore, if the PURCHASER changes the RUN-TIME of their event anytime within 1-week of their event date, the PURCHASER cannot guarantee full compliance to any schedule, whether notified or not.

IV. OVERTIME: Equipment rental, engineering or DJ services overtime may be charged on credit card provided at $50.00 per half-hour, for every half-hour or portion thereof that PURCHASER runs over contracted end time(s).  By default, unless previously arranged, any time after 2:15AM automatically falls into the overtime status.  A single 15-minute grace period past the planned event end-time is granted.  If PROVIDER is required to return to an event the next day for any reason, rather than picking up the same day as the event, a minimum trip charge of $200.00 will apply, and will increase the further away an event is from PROVIDER's warehouse facilities.  WILL CALL ORDERS: Daily late charges equaling a minimum of 10% of the invoice total, will apply for gear picked up from our facilities, that which is not returned on the exact day and time agreed upon, regardless of any other oral or written agreement discussed or in place.

V. POTENTIAL ADDITIONAL FEES-MUST READ: PART 1. Additional labor charges/fees may incur or be applied for event load-in difficulties or inconveniences not originally discussed or fully disclosed, or for extra costs related to equipment SUBLETTING or additional materials purchased specifically for a PURCHASER'S event/order, above and beyond the initial pricing/ordering/booking process, or which are not under our direct control.  This can include but is not limited to weather, unions and union rules, gaff tape use beyond the norm, parking fees, carpeting, etc.  Please note that UNLIKE other vendors, we do NOT automatically build into the invoice, any extra fees for these potential extra labor/services.

These include but are not limited to: (a) PARKING-parking/valet fees and parking tickets; (b) STAIRS-one or more flights of stairs in excess of 3-stairs, (or ANY stairs in the case of staging installation) unless already disclosed and planned for prior to PROVIDER's arrival to venue; (c) DIFFICULT LOAD-IN/OUT-long and difficult runs (which may include stairs and/or elevators) from truck parking location to setup location; (d) WEATHER-extreme weather conditions such as wind and rain, causing dust or water contamination--which will necessitate nominal/deep cleaning of all or some of PROVIDER's equipment; (e) SETUP LOCATION MOVE-PURCHASER moves initial setup location after gear is already partially or fully setup; (f) MARSHALLING-a process required by the unions that are in control of all convention centers.  PROVIDER must charge a nominal amount of $35.00/hour (per technician), for every hour we spend working for the PURCHASER to marshal the gear for them; , and finally (g) SETUP ON DIRT-If client requires rental equipment to be setup on any kind or type of dirt, resulting in the PROVIDER having to perform cleaning beyond what is normally required, there will be cleaning charges, billed by the hour, at a nominal rate of $20.00/hour, not to exceed $35.00/hour.

If feasible, we will attempt to disclose any extra charges prior to the actual event, or at the event location, (especially if they exceed $250.00), but it may be necessary to disclose these extra charges later by email or telephone, after our engineer(s)/technician(s) has had time to discuss said charges with the PROVIDER'S corporate office.  PROVIDER reserves the right to AUTOMATICALLY charge PURCHASER'S credit card on file, on client's behalf, for these extra charges immediately upon their occurrence or shortly thereafter, OR 24-hours after a revised invoice has been sent to the PURCHASER, and PURCHASER does not notify challenge the extra charges.

VI. PERSONAL GUARANTEE: Personal guarantee, by the purchaser (by signature OR payment), is agreed upon for this contract.  It is extremely important that this point is very clear with all purchases.  To be clear, as per the online business dictionary, the basic definition of "personal guarantee", is as in the following:

"Agreement that make one liable for one's own or a third party's debts or obligations.  A personal guarantee signifies that the lender can lay claim to the guarantor's assets in case of the borrower (obligor) default.  It is equivalent of a signed blank check without a date.  The lender is generally not required to seek repayment first from the obligor's assets before going after obligor's assets.  The lender's actions are usually based on whose assets are easier to take control of and sell.  Once signed, a personal guarantee can only be cancelled by the lender."

Furthermore, the person who ultimately pays for the initial deposit to PROVIDER to secure booking, is the person accepting the terms and conditions of this contract including all liabilities arising from non-payment of balance(s), and issues involving missing or damaged equipment.  It is that person whom is the ONLY contact for the PROVIDER.  Any changes to the booking or discussions related to the service or the event must be made by the person whom signed the contract.  More information on personal guarantee can be found here: Personal Guarantee

USE CASE-1: FULL PRODUCTION
This use case category is the same as the next use case (#2), with the exception that the PROVIDER'S staff is onsite at all times during the event and are responsible for ALL aspects of the setup, operation/use, and take down of the equipment.  Also in this use case The PROVIDER is responsible for for providing trained individuals whom are properly trained, competent, and compliant with health and safety measures as required by the event venue or PURCHASER and regulatory agencies (Federal, State, and Local) with oversight authority over the location of the event.  The following is a list of the specific areas of this entire Terms and Conditions document that are NOT PERTINENT in this use case, and will not be applicable except as noted:

  • SECTION VI. PERSONAL GUARANTEE (above).
  • Section 4.6, INDEMINITY (except as may be noted under this section).
  • All other use cases in this section, except as noted below.
NOTE that the following specific areas will be applicable:
  • ARTICLE 1: FACILITY ACCESS (Under USE CASE-2)
  • ARTICLE 2: EQUIPMENT DAMAGE/THEFT (Under USE CASE-2)

USE CASE-2: EQUIPMENT RENTAL-DRY HIRE
For booking of Equipment Rental only PROVIDER Delivers Gear (called a "Dry Hire" in the industry), whereby PROVIDER delivers (and optionally assembles) the rented gear, but is NOT hired to be on hand at all times-OR-cannot provide OUR OWN security staff/assemblies/procedures due to specific rules of the venue management/union or other organization.  Please see the next USE CASE, "FULL PRODUCTION", if EDEN is present during the entire event, and is responsible for the operation of the equipment during the event.

ARTICLE-1: FACILITY ACCESS: PURCHASER agrees to facilitate COMPLETELY, the entire load-in AND load out processes.  This means that the PURCHASER will make all of the necessary arrangements with the venue, for the proper parking of the PROVIDER'S delivery vehicle(s), and will communicate with the PURCHASER's delivery crew/foreman a minimum of 30-minutes prior to the scheduled load-in time, exactly where the load-in area is, and clear any and all other vendors from load-in area so as to accommodate PURCHASER'S load-in at the scheduled load-in time.  Any deviations from this may or will result in delays in the scheduled load-in and subsequent setup, which may also result in additional charges/fees being charged the PURCHASER, INCLUDING ANY PARKING TICKETS.  In addition, in an effort to save on fuel costs, please note that PRODIVDER will normally require a parking spot or area for any and all trucks that are used for the job.  If this parking cannot be facilitated, extra charges may be added to the PURCHASER's invoice for subletting remote parking offsite, or for driving the trucks back to PROVIDER's warehouse facilities.

ARTICLE-2: EQUIPMENT DAMAGE/THEFT: PURCHASER will be held liable for any and all damages or theft of equipment by the venue staff, themselves or their attendees, or the management/union or other organization(s), while under their control or anytime while the gear remains at the event premises, regardless of what the facilities' rules are regarding the setup and teardown of the rental equipment.  That is, except as noted in the language below, it is the PURCHASER's sole responsibility to GUARANTEE a safe and secure environment for the PROVIDER's equipment, venue, and attendees.  That INCLUDES, the following:

- While equipment is being brought into or out of the facility by PROVIDER.
- While equipment is at the facility, regardless of whether it is being used OR being stored, or remains overnight for one or more days.
- While equipment is being setup or while the equipment is being disassembled.

Throughout the entire estimatation and invoicing process, the PROVIDER normally provides a complete list of equipment provided via a very detailed invoice/packing slip.  Therefore, if so required, this document will be used by both the PROVIDER and the PURCHASER as a way to confirm receipt of equipment upon delivery/setup, as well as while PROVIDER is taking down the gear upon conclusion of the event.  In this manner, PROVIDER can there determine if any repair/replacement of event is needed prior to departure from event venue. If this approach is taken, PROVIDER will provide inventory training to any and all individuals employed by or contracted to work for PROVIDER in pursuit of the scope of work in the agreement, and will assign only employees and contractors in good standing to the event.  In the case whereupon the PROVIDER is unable to locate one or more equipment items while striking at an event or while loading up after and event, PROVIDER will make a good faith effort to conduct of review of inventory controls to locate the missing item(s) and will provide the PURCHASER with a description of and opportunity to find the missing items.

If PROVIDER and PURCHASER are unable to locate the missing item(s) after make a good-faith effort to locate them, or if PROVIDER and PURCHASER determine that repair/replacement of gear is needed prior to departure from the venue (described above), PROVIDER will provide PURCHASER with a detailed invoice of the lost/repairable/replacement gear within 5 to 10-days upon conclusion of event.  PURCHASER agrees to remit payment for the invoice as soon as practible in condisderation of scheduled events for other PURCHASERS but not later than 5-days following the conclusion of the event.  In the event of theft of gear, PROVIDER will assist in any way possible in the process leading to the arrest and/or conviction of a thief, but we are a very busy company, and cannot spend a lot of time in this pursuit, especially when the gear missing must be rented to another PURCHASER within a short amount of time.  That is, it is not the responsibility of PROVIDER to act as a detective or police agency in the pursuit of locating the person or persons who removed the gear from the venue during the rental period, or event production.

The PURCHASER agrees to be fully responsible for the repair/replacement of gear after PROVIDER and PURCHASER have made a good faith effort to locate the missing gear.  PURCHASER will not be responsible for repair/replacement of gear for: (a) normal wear and tear; (b) proven PROVIDER employee or contractor theft; (c) proven PROVIDER employee or contractor incompetence; (d) PROVIDER employee or contractor noncompliance with PROVIDER’s inventory management policy and procedures; (e) proven PROVIDER employee or contractor willful misconduct; or (f) proven PROVIDER employee or contractor negligence.

IMPORTANT: PURCHASER agrees to immediately contact provider in the event that an issue arises whereupon the gear stops working correctly or is intermittently failing.  Purchaser also agrees to allow provider ample time to return to event (if not onsite) to repair issue and/or replace alleged defective gear with exact or similar working gear.  PURCHASER furthermore agrees that if PROVIDER is not given an opportunity to repair/replace gear, PROVIDER is in no way responsible for any costs incurred by PURCHASER for replacement gear ordered outside PROVIDER's authority.  Furthermore, PURCHASER agrees that, if PROVIDER is required to attempt an interface to PURCHASER'S equipment, there is absolutely no guarantee that our equipment will function correctly, and there is normally NO REFUND allowed in this scenario/circumstance.

SPECIAL NOTE: Unless specifically arranged/rented in advance, PROVIDER DOES NOT PROVIDE HEADPHONES or VINYL TURNTABLE STYLUS for ANY rental (HEADPHONES) or a rental which incorporates turntables (STYLUS).  It is very important that this is fully and completely understood.  These are items of personal preference, and in the case of headphones, present hygienic issues.  However, these items CAN BE RENTED from PROVIDER, but must be listed on the contract, to be a valid part of the rental order!  If PROVIDER must procure these items before or during an event, because the DJ forgets to bring them, there will be an automatic $50.00 rental charge for either item, and standard hourly engineering charges above and beyond the original contracted rental price.

USE CASE-3: LIVE SOUND SERVICES and FOH ENGINEERING
For booking of Live Sound Services, purchaser MUST provide Stage Plot, Channel Input List, Mix Tips (if necessary), and a list of performers with contact information and any other pertinent materials as required by our engineers or by the performers at least 5 days prior to engagement.  Purchaser must also hire PROVIDER to provide engineering services to run the Front of House (FOH) console, unless purchaser makes prior arrangement to provide a COMPETENT FOH engineer.  If no FOH Engineering services are arranged, OR PROVIDER determines that the PURCHASER provided FOH Engineer is incompetent, PROVIDER will charge a minimum of $300.00 for first 8-hours of FOH engineering services, and $100.00/hour for every hour beyond that.  In addition, there must be a sound check for at least 30-minutes, and at least for the headliner act/band.

USE CASE-4: EQUIPMENT RENTAL-PURCHASER PICKS UP GEAR FROM PROVIDER FACILITY (WILL CALL)
For booking of Equipment Rental-Purchaser Picks Up Gear from PROVIDER Facility, whereby the purchaser picks up gear from PROVIDER's facility, purchaser assumes FULL RESPONSIBILITY for the return of the equipment rented promptly on the agreed rental return date AND time, in the SAME CONDITION as was provided, with all accessories and cables.  Purchaser agrees that gear is to be returned at the SAME TIME as it was picked up, or at least before the end of business day (6:00PM), 24-hours after the gear is picked up, or if a weekend rental, on the following MONDAY, after the gear is picked up.  There are absolutely no exceptions to this rule, unless arranged by telephone.  If gear is not returned on time, an automatic $25.00 late fee will apply, then another 25% of total invoice for each day the gear is not returned.  This rule WILL APPLY even in the case where some of the gear has already been returned, but not the entire order.

USE CASE-5: EQUIPMENT RENTAL-PROVIDER SHIPS GEAR TO PURCHASER
For booking of Equipment Rental-PROVIDER Ships Gear to Purchaser, whereby the purchaser receives gear from via a shipment/shipping company, purchaser assumes FULL RESPONSIBILITY for the return of the equipment rented PROMPTLY, using a method of shipment that will GAURANTEE return of the gear within 3 to 4-days after the event/usage date.  The gear MUST be in the SAME FUNCTIONAL CONDITION as was provided, with all accessories and cables (be inspected upon its return).  PURCHASER agrees that gear is to be returned the NEXT DAY (unless a holiday or there are other extenuating circumstances), using a method of shipment which will guarantee its return within 3-days after the event/usage date.  There are absolutely no exceptions to this rule, unless prior arrangements are made with PROVIDER by email or telephone.  If gear is not returned on time, an automatic $25.00 late fee will apply, then another 25% of total invoice for each ADDITIONAL day the gear is not returned.  This rule WILL APPLY even in the case where some of the gear has already been returned, but not the entire order.

USE CASE-6: USED GEAR SALES
As aforementioned in the last paragraph, PROVIDER generally does NOT sell any it its rental equipment.  However, from time-to-time, PROVIDER may opt to sell used equipment (usually upon PURCHASER's insistence), under the understanding between PURCHASER and PROVIDER, that the sale is for USED gear sold AS IS, is FINAL, and there are absolutely NO REFUNDS, whether purchased using a credit card, cash, check, money order, cashier's check or any other form of acceptable tender or barter.  Furthermore, as with rental services, the person who ultimately makes a payment or PAYS for the gear, will be the person who has PURCHASED the gear, especially in those cases where payment terms have been negotiated.  This also means that the person who makes the initial payment, is the person agreeing to these Terms and Conditions, and will be the same person whom will be liable for the purchase of the equipment, and subject to subsequent collection efforts and lawsuits, in the case of non-payment.  Furthermore, all invoices carry a 1.5% interest per month on the total unpaid balance, AND a MINIMAL late fee of $35.00 per month, if a minimal payment has NOT been made.

USE CASE-7: DEMONSTRATION SERVICES (or DEMO)
EDEN occasionally offers what is called a "DEMONSTRATION SERVICE", (or "DEMO", or "NON-PRODUCTION" service), for very select and pre-screened clients.  This type of service is designed to show specific clients what EDEN USA is capable of, and to provide an "ease of mind" experience for high-purchase clients whom already have a very strong booking and service background with other local vendors.  Because a "DEMO" works out to be basically a near FREE service (or NON-PROFIT) to the PURCHASER, the PROVIDER has very strict rules with regards to this type of booking, as follows:

- The DEMO service is to be a MAXIMUM run-time of 4-hours.  A DEMO service cannot be used by promoter's as way to make a profit via a full production.
- The PURCHASER must pay all of the PROVIDER's hard expenses (i.e., fuel, meals/beverages, parking, motel).
- The distance from PROVIDER to the demo site must not be more than 50-miles, one-way.
- If the DEMO service is ordered via a 3rd party, the primary purchaser's contact information MUST be made available.


1. RESERVATION

1.1 CONFIRMATION:
Confirmed reservations are required for any rental agreement to be valid.  A reservation is deemed to be CONFIRMED when PROVIDER receives ANY ONE of the following communications from the PURCHASER or any agent thereof:

  • Email to PROVIDER with the single word APPROVED in subject (e.g., an APPROVED estimate OR invoice)
  • Signed Rental Contract
  • Signed Estimate
  • Signed Invoice
  • Signed (or CHECKBOX CHECKED) Credit Card Authorization
  • Verbal or emailed confirmation, agreeing to ESTIMATE, INVOICE or Credit Card Form
  • An emailed communication whereby PURCHASER agrees to hire PROVIDER for a single or multiple events
  • Any kind of payment on any of the above mentioned documents-OR-any kind of payment toward securing services

1.1.1 POTENTIAL ESTIMATE COSTS: It is important to understand that once confirmation has been made (i.e., Estimate/Invoice has been APPROVED), a minimum charge of $75.00 is immediately due and payable to PROVIDER, regardless of whether you cancel services for any reason.  A considerable amount of engineering and professional effort and labor is expended by PROVIDER to create estimates/quotes/invoices, and when you confirm reservation via any of aforementioned methods, you have effectively entered into a contract with PROVIDER whereupon you will owe a minimum estimation $75.00 fee for services rendered.  For example, if PURCHASER confirms with PROVIDER, then never pays a deposit or goes completey incomunicado, PROVIDER will obviously NOT perform the estimated/quoted services, but the PURCHASER will still owe PROVIDER the minimum estimation fee AND any other agreed upon consulting or site visit/technical survey fees incurred.  Of course, in practice, this rarely occurs.   If they occur, all of these type of fees are normally waived upon completion of an event between PROVIDER and PURCHASER.

1.1.2 CONFIRMATION GUARANTEE BY DEPOSIT: A confirmed reservation does NOT gaurantee that your rental or service with PROVIDER will actually be performed, especially if your deposit/final payment is NOT made as agreed upon by contract (please see DEPOSITS section, below).  PROVIDER works on an first-booked, first-served basis, so even after you have agreed to book with PROVIDER, there is not a guarantee that you are booked, until such time that the initial payment is made.

1.1.3 CHANGES TO BOOKING (DATE(s)/TIME(s)/VENUE/GEAR or SERVICES PROVIDED): Once PURCHASER has CONFIRMED reservation (see section 1.1, CONFIRMATION, above), PURCHASER automatically accepts ALL specifics of the booking as in the written estimate/invoice, as of the date of the confirmation.  Any CHANGES to a confirmed reservation absolutely MUST BE IN WRITING, whether it be by email or U.S. Postal Mail, and must be received within 5-business days prior to the event date.  CALLING the PROVIDER with a major update or change will not preserve or guarantee your rights as described in this document, and you may lose your deposit AND the event reservation.

1.2 DENIAL OF SERVICE
PROVIDER reserves the right to refuse rental service to ANY PURCHASER at ANY TIME whereupon it is deemed to NOT be in our best interest on the basis of credit, lack of payment (deposit OR final balance), past history, inexperience of the renter, lack of safety precautions, lack of sufficient elevator facilities, the likelihood of abuse, or where danger to PROVIDER's gear or personal safety of PROVIDER's staff, is imminent or obvious.  PROVIDER may refuse rental service AT ANY TIME deemed necessary, and our obligation under any contract executed will be NULL and VOID should we discover that the intended use of the equipment or staff presents a serioussafety hazard or security issue, and/or violates any federal, state, or local laws.


2. DEPOSITS/PAYMENTS

2.1 BOOKING
Immediately or shortly following estimate/invoice APPROVAL by the PURCHASER (either in writing or verbally), a minimum advance deposit/payment is required to reserve equipment for rental, and other services.  Advance deposits/payments are reservation surety, and are normally non-refundable in the event of cancellation, postponement, or other conditions (NOTED BELOW).  This may void our obligation to deliver the agreed upon product or service, except as agreed upon within the language in these terms and conditions, and except for WEDDING DJ SERVICES.  Rental reservations placed without a deposit or waiver are NOT guaranteed.  PROVIDER reserves the right to make the equipment available to other rental PURCHASERS, on a "first-to-reserve therefore the first-served basis." Partial reservation deposits will be applied toward the final balance due, however such deposits when required for the reservation of equipment rental shall not be deemed to be in lieu of security or other deposits and charges assessed for damage, no-show, late return, or other condition specific to that rental.  The amount of any required reservation deposit will be disclosed in the rental agreement.  Additional information about rental security deposits and merchandise deposits can be found elsewhere in this document/contract. Unless other arrangements are made, if a credit card has not been provided to pay a deposit, then a credit card must be provided by PURHCHASER to cover the costs of incidentals, i.e., parking fees, generator fuel costs, and other minor costs that may arise.  If a credit card transaction is declined for any reason, purchaser agrees to make immediate alternative payment arrangements with PROVIDER.

Deposits/Payments for WEDDING DJ SERVICES will usually be refunded in full except in the following cases: (a) Where PURCHASER has asked DJ to make special arrangements for sub-contracting other DJs or other personnel and/or procurement of special music or equipment which PURCHASER deems necessary for their event, but which PROVIDER cannot use at any other time; and/or (b) where PURCHASER utilizes the consulting services (by phone, email, or in-person) of PROVIDER for 30-minutes or more.  In these cases, PROVIDER reserves the right to credit back the deposit, minus these type of expenses, where incurred.  Consulting is charged at a nominal rate of $75.00 per hour, with a 2-hour minimum.  Please be very careful when considering "low-cost" offers from other alleged wedding DJs after entering into a contract with PROVIDER.

Deposits/Payments for STAGING SERVICES, ANY TYPE OF SOUND SERVICES, and ANY TYPE OF LIGHTING SERVICES are NOT refundable.  This is because staging, sound, and lighting services (especially when stage is larger than 12-decks and/or a shade canopy is included) will usually involve additional, contracted labor services and/or the services of riggers and other types of contractors.  We have found that staging, sound, and lighting cancellations will occur when a PURCHASER finds similar (or lower quality) services elsewhere, then cancels out on us at the last minute.  This is unfair business practice, as productions on a medium to large scale require a great deal of our overall resources to develop and manage, and we only have the capacity to do one per PURCHASER per day.  So once we've locked in a date, we turn down all other offers, reserving that date for you and your event.  Once you have entered into a professional services contract/agreement with a company, and you would like to change the terms, it is best to NOT cancel.  INSTEAD, please and call or email us to discuss/negotiate, or if you need to simply postpone.  Also, please note that the PROVIDER may also cancel services on or after arrival to venue upon discovery that the services cannot be properly rendered due to impediments out of PROVIDER'S control that were not present during a walk through or not covered in sufficient detail during a consultation process.  The same rules for cancellation will still apply in this case.

IMPORTANT: Upon PURCHASER'S estimate APPROVAL (by email/fax/phone), if PURCHASER does NOT pay the initial deposit OR invoice balance of fees as arranged (PROVIDER accounting will send an ONLINE PAYMENT REQUEST to the PURCHASER within 24-hours of ESTIMATE APPROVAL, and then again 3 to 10-days before the actual event date), then the booking is considered CANCELLED BY PROVIDER, unless other payment arrangements are made immediately.  PROVIDER will make REASONABLE attempts to notify PURCHASER by phone and email.  If PURCHASER cannot be located and other payment arrangements cannot be made, then the booking is CANCELLED and there is NO REFUND of the initial deposit.  Furthermore, if no initial deposit had been made, but PURCHASER had already APPROVED the estimate, PROVIDER requires that a minimum of 25% of invoice total be paid, regardless of whether PROVIDER performs actual services (i.e., PURCHASER decides to utilize the services of a different vendor, and does NOT notify PROVIDER nor make any attempt at reasonable negotiation).  PURCHASER MUST pay invoice balance when PROVIDER asks for payment (usually 3 to 1 day prior event date), but NO LATER than 24-hours before planned rental/service commencement date/time.  Furthermore, if paying by credit card, PURCHASER MUST pay before 3:00PM the day before the event date.  Not paying as per these terms MAY result in the application of an additional fee (normally $150.00).

It is important to understand that there is a great deal of work performed by PROVIDER making arrangements to procure/secure the necessary equipment, engineering labor, and loading truck(s) prior to an event.  PROVIDER must pay out for these expenses regardless of whether PROVIDER actually complete event to end of duration.  It is therefore the PURCHASER's sole responsibility to ensure that PROVIDER has been properly paid as arranged.  In general, PROVIDER must be paid in FULL prior to showing up for a PURCHASER's event, especially when PURCHASER is a FIRST TIME PURCHASER, with no credit history with PROVIDER.

2.2 REQUIRED MINIMUM DEPOSIT AMOUNT-DEPOSITS IN GENERAL
The required minimum deposit amount is based upon several factors, as follows: (RULE-A) Number of total bookings PURCHASER has made with PROVIDER; (RULE-B) Total invoice amount (if $500.00 or less, PROVIDER usually asks for a 100% deposit); and (RULE-C): The date the booking reservation is APPROVED by the PURCHASER.  In an effort to simplify calculation of the deposit amount required, PROVIDER usually utilizes RULE-C, especially if RULE-B is an invoice over $500.00.  Therefore, when using RULE-C, the deposit shall be: (a) 25% when booking reservation occurs anytime prior to 2-months (60-days) before the event date; (b) 50% when booking reservation is made any time within 2-months from the event; and (c) 100% when booking is made anytime within a 3-week time period before the event date.

Please note that checks are usually not accepted for deposits, especially if a first-time PURCHASER, and especially if the booking approval is received within the 3-week time period prior the event date.  Also note that the minimum deposit amounts is in most cases, negotiable.  Just let PROVIDER know what you can afford, and PROVIDER will work with you to make affordable payment arrangements.

In general, the minimum required reservation deposit for rental services may vary with the nature of the product or services purchased.  In most cases this shall not exceed 50% of the total contract/invoice price, except where the amount in excess of 50% represents non-refundable costs incurred by nature of the agreement, or for the purchase of non-returnable retail or wholesale goods and consumables on behalf of the PURCHASER.  Please see more on deposits under "Booking", above.

2.3 DEPOSITS and PAYMENTS MADE USING CREDIT CARD
2.3.1-GENERAL STATEMENT: PROVIDER accepts all major credit cards, including Visa, MasterCard, American Express, and Discover, for payment of any or all deposits and the balance of invoice.  Credit cards presented for payment on rental and other services to be rendered at a future date shall be billed only for the minimum deposit required to secure the reservation of those services, provided the date on which the services are to be rendered is not within ten days of the date the card is presented for payment, and/or the PURCHASER has not specifically authorized prepayment, or any charge amount in excess of the deposit.

2.3.2-DEPOSIT: Deposits or payments made by credit card as stated for other deposits above, is reservation surety and is USUALLY NON-REFUNDABLE especially if PURCHASER is a no-show, or attempts cancellation/postponment of reservation date/time anytime within 5-business days of the event date.  The receipt of credit card information does not itself constitute a valid deposit.  Deposit shall be deemed received when the authorized charges are approved and made available to us by the appropriate merchant service or issuing bank.

2.3.3-PAYMENT OF BALANCE: Purchaser agrees to pay the remaining balance on the date that it becomes due (usually 3 to 10-days prior the event, ESPECIALLY if Purchaser is a first time PURCHASER, or if event is in Las Vegas or New York).  Purchaser will receive an ONLINE PAYMENT REQUEST by email 3 to 10-days prior the event.  Purchaser MUST pay upon this request within 24 to 48-hours, or risk automatic cancellation by PROVIDER, especially if Purchaser becomes incognito upon payment request.  Except in the case discussed under section 2.3.5, PROVIDER will not usually charge a Purchaser's card on Purchaser's behalf, even AT THE REQUEST OF THE PURCHASER.  Except under unique circumstances (such as when payment does not correctly process and we cannot reach you, or a check is accidently lost), PROVIDER will insist that Purchaser must always make payments on their own, thereby authorizing the transacton.

2.3.4-DESCRIPTION OF FEES ON OPEN BALANCES:  Unless successfully disputed as being owed, PURCHASER agrees to pay a minimum LATE FEE of $35.00 PER MONTH, on any unpaid balance remaining on an invoice (as of 30-days past the date of our services rendered), and a minimum interest of 10% APR, or as applicable by law.

2.3.5-ADDITONAL COSTS FOR ADDED ITEMS/SERVICES: If additional costs are incurred during or after the event, or if for any reason there remains a balance due on account, PURCHASER will first receive an invoice (by email) reflecting any NEW charges and the new balance.  In the case where a balance is due, PURCHASER will not necessary recieve a new invoice, but just phone calls/emails asking for payment.  Shortly thereafter, purchaser may also receive (by email), an ONLINE PAYMENT REQUEST, which will contain a link which PURCHASER can click on to make the necessary payment.  If purchaser does NOT make the necessary payment within 48 to 72-hours of receiving the invoice and ONLINE PAYMENT REQUEST, and does NOT dispute (by telephone or email) the validity of the charges, PROVIDER will exercise under this agreement the right to process the payment on PURCHASER's behalf.  Purchaser agrees to NOT dispute these charges with credit card company.  All attempts will be made to make PURCHASER aware of the additional costs or balace due, before the charges are made.

2.4 WAIVER OF DEPOSIT
We may at our discretion waive the deposit required for reservation without waiving any of our other rights under this service agreement.  Waiver of deposit is not a reduction of any amounts due, or release from liability for other amounts assessed under the terms of the agreement including but not limited to late payment or returned check fees, assessments for damage, late returns, or other accrued charges.  There is no circumstance under which a waiver of deposit is automatic, and a waiver of deposit should not be assumed.

2.5 TRANSFERABILITY OF DEPOSIT
Deposits may be carried forward in the case where an event is postponed and rescheduled within 6-months of the original reservation date.  To qualify, the event rescheduled must be substantially close to the same type of event originally postponed except for change of venue or time.  Any expenses incurred by PROVIDER due to a postponement, whereupon PROVIDER actually arrived at the event at the date/time scheduled will be removed from the initial deposit.  The balance will be applied to the newly scheduled event.

Transferability of deposit does not apply to rental reservations.  Deposits and prepayments which pertain to the purchase of retail goods and consumables on behalf of the PURCHASER, or non-recoverable costs incurred by the nature of the original agreement are non-refundable and not transferable.  Transferability of deposit will not apply to any cancelled or postponed event deemed to have been terminated early.  (Please see: Section 3.3 Cancellation Policies)


3. ELIGIBILITY and CANCELLATIONS

3.1 REQUIREMENTS
Renter must be at least 18 years of age, and possess a valid driver's license or similar/equivalent valid ID issued by in the state where the rental occurs.  Renter further warrants and must demonstrate that he/she is duly authorized to represent and to make purchases on behalf of any such organization, corporation, business, agency, or other entity as might be named in the agreement as the renting party.

3.2 SECURITY DEPOSIT
A security deposit equal to the full value of the equipment rented (or any portion thereof) may be required.  Security deposit must be equity in the form of a pre-authorized major credit card, or cash in the amount equivalent to the value of the equipment.  Security deposits are refundable in full upon return of all equipment on time and in as lent condition.  Renter agrees that the amount of deposit returned, or the value of actual charges posted to credit card(s) presented as equity, may be adjusted for late fees, damages, and/or actual replacement cost in accordance with the terms of the rental agreement.

3.3 CANCELLATION POLICIES
Except as noted under section 3. "DEPOSITS", a partial or full refund of deposit (usually minus a 15% processing fee) MAY be granted on most common gear rentals (but NOT FOR EVENTS, large-scale PRODUCTIONS, TRADE SHOWS, or STAGING) if cancelled anytime UP TO 30-business days before the event date.  If PURCHASER cancels in WRITING, and as described below, PROVIDER will normally (but again, but NOT FOR EVENTS, large-scale PRODUCTIONS, TRADE SHOWS, or STAGING), refund half of the deposit if cancellation notice is received within 3-business days before the event date, up until the last 48-hours.  Please note that all cancellations MUST be in writing (by email, U.S. Mail, or using our website's event cancellation notification page).  IMPORTANT: Calling by telephone to cancel will NOT be accepted as a cancellation request. On pickups of gear from our facilities, a full refund of deposit will be granted if reservation is cancelled within 2-days (48-hours) of the pickup date.  Half of the total deposit may be refunded if cancelled within the next 24-hours.  No refund of total deposit will be granted if cancellation occurs any time within the last 24-hours before the scheduled pickup date or time.

Where a deposit has been waived, a processing fee of $100.00 will still apply.  NO REFUNDS of any funds will be issued where: (a) the PURCHASER fails to give notice of cancellation; (b) the PURCHASER fails to give notice prior to the period upon which the event or rental would commence; OR (c) for certain types of services or rentals as noted anywhere in these terms and conditions document.  Furthermore, on deliveries, no refund will be made if PROVIDER is already in transit, or arrives at designated event within 1-hour (plus or minus) of agreed upon arrival time, and PURCHASER has hired another provider, with or without notice.

3.4 RAIN CHECK POLICY/POSTPONING A BOOKING
RAIN and other natural disasters, is an exception to our general cancellation policy above--IF the event takes place OUTDOORS.  In this case, if the event needs to be cancelled due to the possibility of RAIN (or other natural causes), PROVIDER will CREDIT the deposit amount to a future, planned and booked event, if booked within 1-YEAR past the originally planned event date.  Note that the original invoiced amount may change, i.e. there may be a price INCREASE due to the standard cost of living and labor increases, which are generally totally out of our control.

3.5 REFUSAL
Cancellation by refusal, or failure to accept delivery of services or equipment for reasons other than defective product will be considered a cancellation without notice.  In such case no refunds of any amounts paid will apply, and if there is any balance remaining, it shall be immediately due and payable in full.


4. RENTAL TERMS
PLEASE NOTE: This category is specifically to applicable to clients that are renting equipment and operating it on their own, and/or for equipment set up and left onsite a renter's facility.  Specifically, this category is usually applicable primarily for equipment rental serivces only (as explained under ARTICLE-3 above).  Full event production services would normally not fall under this category.  Full event production services are primarily as covered under ARTICLE-2: EQUIPMENT RENTAL-PROVIDER DELIVERS GEAR, above.

4.1 TITLE AND OWNERSHIP
The agreement will be a contract of rental only and not of sale.  You agree that rented equipment will at all times remain the property of PROVIDER.  You specifically acknowledge our superior title and ownership of the equipment and must keep the equipment free of all liens, levies and encumbrances.  You may not assign, re-assign or pledge the equipment.  However, you may sublet it under your own company name, but must provide any and all support to your client directly.

4.2 RENTAL EQUIPMENT INSPECTION
You agree to examine the rented items to find them to be in good condition and will return them in as good condition as when you received it.  Ordinary wear and tear is expected.  You also agree to return at once any equipment found not to be functioning normally.  Provided that failure is not the result of damage or improper use on the part of the renter, PROVIDER will as sole remedy to (you) the renter; (a) replace the defective equipment or refund that portion of the rental charges designated for the faulty equipment; or (b) offer a free or discounted rental for another date.

4.3 RETURN
Equipment must be returned or picked up no later than the date and time as agreed upon, unless PURCHASER makes new arrangements mid-event.  Additional full day rates will apply upon late returns.  Any balance due will be contingent upon the return of equipment on time and in as the original rented condition.  Equipment will not be deemed to have been returned until all of the following conditions have been met: (a) Property has been brought back to our premises during normal business hours; (b) An inventory has been completed and a missing or damaged items list compiled; (c) The term of the rental contract has expired and all charges have been paid in full.

4.4 CHARGES AND PAYMENTS
PURCHASER agrees to pay promptly when due, all charges which accrue because of the rental including fees for damages, late fees, and ADD ON fees or EXTENDED EVENT fees.  ADD ON fees occur when PURCHASER decides (usually at the last minute or onsite event) to add more rental items or services, and there is no time to revise the contract, negotiate fees, or list said ADD ONs to any signed documentation.  EXTENDED EVENT fees occur when PURCHASER decides to extend the total hours of the event from the originally contracted event end time, and there is no time or means to revise the contract, negotiate fees, or list said EXTENDED EVENT TIME to any signed (or otherwise) documentation.

All charges are based on the time equipment is in renter's possession whether in use or not.  Should the PURCHASER fail to return equipment at the agreed time, or fail to abide by any other terms of the contract, PROVIDER may repossess it with or without notice to the PURCHASER; and PROVIDER is hereby released from all claims arising thereof.

If additional costs are incurred during or after the event, PURCHASER will first receive an invoice (by email) reflecting the new charges and the new balance.  Shortly thereafter, PURCHASER will also receive (by email), an ONLINE PAYMENT REQUEST, which will contain a link which you can click on to make the necessary payment.  If purchaser does NOT make the necessary payment within 48 to 72-hours of receiving the invoice and ONLINE PAYMENT REQUEST, and does NOT dispute (by telephone or email) the validity of the charges, PROVIDER will exercise under this agreement the right to process the payment on PURCHASER's behalf.  Purchaser SHALL NOT dispute these charges with credit card company.  Doing so is regarded as fraud in most states, as purchaser was made fully aware of the additional costs WELL BEFORE the charges were made on PURCHASER'S behalf.

4.5 PURCHASER RESPONSIBILITIES
PLEASE NOTE that this section is specifically for clients that are renting gear and operating it on their own. PURCHASER is solely responsible for equipment rented while in the possession of; under storage at locations named and unnamed; in use; or in transit, with the PURCHASER and/or his designated agents.  PURCHASER assumes all risks of all losses, with the exception of proven willful misconduct or negligence by PROVIDER's employees or contractors.  PURCHASER'S responsibility ends when the equipment is safely returned, in the exact same condition as when it was picked up, allowing for regular/normal wear andtear, and the rental term has expired.Equipment will not be deemed to have been returned until all of the conditions listed above have been met (see: return) The rental contract is nontransferable, and products and not to be sublet.  The PURCHASER and (the PURCHASER's staff) must have a working knowledge of all equipment rented and will be solely liable for all damages incidental to or as a consequence of the use or misuse and application of equipment.  It is NOT the PROVIDER's responsibility to provide training on the specifics to the PURCHASER on the basic operation of complex equipment, nor to provide incidental safety equipment or supplies as may be required by local codes, Fire Marshall or other entity.  PROVIDER will provide only basic operation and safety instructions.  In the case of a FULL PRODUCTION use case, PROVIDER will ensure that all employees and contractors whom are assigned to the never, have been fully trained are in in good standing.

4.6 INDEMNITY
PURCHASER agrees to indemnify PROVIDER and to hold the rental company and its employees and/or agents/contractors harmless from and against any and all losses, damages, claims, demand or liability of any kind whatsoever, including legal expenses, arising from the use, condition (including, without limitation, latent or other defects) or operation of the equipment, and by whomever used or operated the equipment during the rental term.  In the event that a refund is negotiated due to equipment failure or other issue(s), PURCHASER also agrees to NOT use social media or review websites (i.e., Yelp, Google, Facebook) to write a negative review of PROVIDER, of any type. PROVIDER is not responsible for accident or injury caused directly or indirectly by the renter's use of the rented equipment.  Rented equipment is deemed to be in the custody and care of the renter and when used in commerce PURCHASER warrants that he/she is insured for such purpose.

PURCHASER is solely responsible for obtaining any necessary clearance, permits, or insurance coverage required pursuant to the receipt, intended and/or actual use, and return, of all equipment and/or services listed herein.  Equipment damaged or seized by government authority as a result of renter's non-compliance, illegal, or other conduct will be the sole responsibility of the renter; including but not limited to late fees, and/or full replacement cost for items seized or damaged.

4.7 NO WARRANTY
Except as provided by law, the equipment is rented to you without warranty or guarantee of any kind, express or implied.  Renters whom are renting equipment directly from PROVIDER must used the equipment within the limits of its design capabilities.  If the service provided falls under USE CASE 1-FULL PRODUCTION, all employeers and contractors that the PROVIDER assigns to the event will be fully trained to ensure that the equipment on the event, is used within the limits of its design.  The manufacturer's technical specifications and or operating manuals are available upon request.  No assurance of compatibility with any PURCHASER supplied components or equipment is made, and no guarantee of suitability or fitness for a particular purpose is implied.  That is, PURCHASER agrees that, if PROVIDER is required to attempt an interface to PURCHASER'S equipment, there is no guarantee that our equipment will function correctly.  There will usually be no refund allowed in this scenario/circumstance.

4.8 INVOLUNTARY DEFAULT
Our obligation to execute a rental contract will be void where an act of God, order of any public authority, vandalism, fraud, inability of PURCHASER to provide adequate security or INSURANCE (see next section), or other condition(s) beyond normal control (such as when PROVIDER renders such service unsafe, unlawful, or otherwise impossible).  PROVIDER's total liability for failure to perform in whole or part any portion of the rental agreement is strictly limited to the invoice total, with the exception of the PROVIDER's proven willful misconduct or negligence.  For example, if PROVIDER does not arrive to perform event services for any other reason other than the aforementioned, then PROVIDER must provide a full refund of invoice amount.


5. INSURANCE

5.1 GENERAL INSURANCE REQUIREMENTS-PURCHASER PICKUP
Rental equipment is deemed to be in the custody and care of the renter, and when used for commercial purpose, PURCHASER warrants that he/she is insured for such purpose, or agrees fully to providng a credit card and agreeing to allow it to be used to cover damages.  PURCHASER is responsible for all damages and claims arising from the use of the rented equipment.  PURCHASER assures use of rented equipment to be in compliance with any federal, state, or local ordinances and is solely responsible for obtaining any necessary clearance, permits, or insurance coverage required pursuant to the receipt, intended and/or actual use, and return, of all equipment rented.

Unless specifically stated by PURCHASER (depends upon rental type and length of rental), it is soley at the PURCHASER'S descretion whether or not to insure the rented equipment.  You shall, at your expense, and at all times during the rental, maintain in full force and effect either a valid credit card with a limit comensurate with the replacement cost of all gear rented, or insurance covering all equipment rented for full replacement cost and for loss of use (rents) of the equipment.  Coverage must begin from the time you accept the equipment until the time it is returned.  If not using a credit card to cover your rental, you shall, upon request provide us with proof of insurance by way of a valid certificate of insurance.  Your insurance company must agree to be the primary insurer of such equipment during the rental period.

Notwithstanding this paragraph, PURCHASER agrees to remain primarily liable to PROVIDER for full performance under the terms of the rental agreement.

5.2 GENERAL INSURANCE REQUIREMENTS-COIs and SINGLE/MULTIPLE DAY EVENTS, or LONG-TERM RENTALS
PROVIDER uses only very high-quality, extremely expensive equipment, and at very low rental rates.  PROVIDER absolutely cannot tolerate any losses or damages arising from a rental.  As well, the PURCHASER's best interest is in mind, as stolen or damaged equipment could definately ruin an event.  Therefore, when renting equipment from PROVIDER (and ESPECIALLY) for an event which is NOT held in a well-known hotel or venue without professional security staffing, for ours and your protections you must choose from one or more of the following options:

  • PURCHASER must provide insurance for the replacement of any stolen, damaged or misused equipment.
  • PURCHASER provides a cashable bond or money-order equal to the replacement value of the equipment.
  • Pay PROVIDER a cash or credit-card deposit for the total replacement value of the rental equipment.
  • Pay PROVIDER a daily rate of $250.00 to be on-call for the entire period of the event, to perform a daily pickup of the most sensitive items, and/or perform inspections when deemed necessary.
  • And in the case of a LONG-TERM rental:
  • PURCHASER must provide and sign (via a notary service) a standard HOLD HARMLESS agreement.
  • PURCHASER provides to PROVIDER a (minimum of $1,000,000.00) Certificate of Insurance naming PROVIDER as additionally insured against liability claims.

During the initial venue visit and equipment setup/test at the pre-determined date/time, PROVIDER reserves the right to automatically activate the last option.  That is, PROVIDER's onsite technician(s) will make a determination as to whether or not a representative of the PROVIDER will need to be on-hand part-time or full-time, or whether the PURCHASER's provided security is sufficient to protect both the PROVIDER'S and the PURCHASER'S best interests.  PROVIDER or the onsite techncian will at that time notify the PURCHASER of any concerns which may cause our activation of additional technical and/or security services.  In the event that the PROVIDER must activate the last option, payment for the entire amount of additional fees must be paid immediately onsite, BEFORE commencement of the event. If PURCHASER requires that PROVIDER pulls a "Certificate of Additional Insured (COI)" for an event, PURCHASER must make this insurance requirement known to PROVIDER a MINIMUM of 5-days prior to the PURCHASER'S arrival at event site.  There is usually a nominal fee of $175.00 for this COI service, if we receive proper notice that it is required.  Otherwise, an additional rush fee of $75.00 to $100.00 may apply.  Please note that this fee amount varies based upon many factors, such as location and number of attendees, and the complexity of the production, but in no case should ever exceed a total of $350.00.


6. CONTRACT

6.1 PERFECTION OF AGREEMENT
The completion of a rental contract is required prior to any equipment being released or services rendered.  In combination with your invoice, this TERMS and CONDITIONS document IS YOUR CONTRACT.  Your contract goes into effect the instant ANY payment is applied toward the associated invoice.  Therefore, a payment of the required deposit amount must be made in order to perfect your reservation.  We may require specific time limitations or deadlines under which our contract offer will be honored, and we may revoke or amend our offer at any time should you fail to respond within the time frame allowed (please also see related sction 6.3 REVOCABILITY, following).

6.2 DEMONSTRATION OF INTENT
In circumstances under which the normal contract process cannot proceed, such as when services are requested and rendered with immediate urgency, the default terms of our basic and usual contract for such services shall apply.  Acceptance or use of any equipment or services shall constitute assent to those terms, regardless of: (a) A whether the authorized agent requesting those services is present at the time of delivery; and (b) Whether or not a signature is obtained.

6.3 REVOCABILITY
Quotations or contract offers will be valid only within a specific time frame.  To perfect the agreement you must APPROVE the estimate, and then PAY THE REQUIRED DEPOSIT ONLINE, within the time frame specified.  PROVIDER may withdraw offer should you fail to do so.  If PROVIDER makes subsequent offers, PROVIDER will not be bound by the terms of any previous offer.  If your contract and deposit are received after the specified time frame has expired we may at our option choose to accept or reject the agreement in its entirety.  You would be notified in such case where your contract offer had expired and we chose not to accept your confirmation.  In such case we will attempt to make that notice within 3 days of the receipt of your contract.

6.4 CHANGE OF SERVICE
PROVIDER will make every effort to accommodate changes in the services you hire, schedule permitting, and subject to availability of resources.  Please contact PROVIDER as early as possible prior to an event date, to affect changes.  The greater the lead time, the better we are able to accommodate your needs.  Changes of date, time, or venue, may create schedule conflicts.  In such circumstances we cannot guarantee the availability of all featured products or services.  You would be notified if changes to your event require substitution or omission with regard to any portion of your service.

6.5 LIMITATION OF LIABILITY
With the exception of PROVIDER's employees or contractors willful misconduct or negligence, or failure of any rented equipment to operate properly or effectively, PROVIDER's liability for faily to perform in whole or in part, any portion of this agreement or services requested (as applicable), is limited to the face value of the contract for those specific products or services.  Note that the PROVIDER is in no way liable for the successful outcome of an event.

6.6 TRANSFER
Our rental agreement and other service agreements are non-transferable, and the obligations of the purchaser named in those agreements may not be transferred to, or assumed by any third party.

6.7 NO SUBLEASE OR PAWNING
Rented equipment may not be sublet or pawned.  You may NOT sublease or pawn all or any part of the PROVIDER'S equipment, and your responsibility under this agreement can NOT transferred to any other lessee.  PROVIDER will not be held to the specifications of; nor be liable for any obligation created under agreements between you and any third party.  Compensation for our services cannot be contingent upon the satisfaction of any agreements made between you (renter or general contractor) and any third party.  Persons who rent equipment or contract services for the purpose of obtain a loan, resale, incorporation into larger offerings, for any agency, or on behalf of any third party, assume all responsibility for claims or disputes arising form the resale of those services, or from the failure of any product or technician to render service with respect to any third party's standard.


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