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TERMS & CONDITIONS

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THE PROMOTER AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

ACCESS TO VENUE

 

  • THE PROMOTER AGREES TO PROVIDE THE COMPANY ACCESS TO THE VENUE AT TIME AGREED IN THIS CONTRACT OR ADDENDUM FOR THE PURPOSES OF SETTING UP AND TESTING OF COMPANIES EQUIPMENT.

 

UTILITIES

 

  • IT IS AGREED THAT THE PROMOTER WILL PROVIDE OR CAUSE TO BE PROVIDED AT NO COST TO THE COMPANY THE LIST OF UTLITIES IN THE TYPES AND QUANTITIES SPECIFIED IN THE ATTACHED ADDENDUM. WE REQUIRE AT LEAST ONE AND IN SOME CASES MORE THAN ONE ELECTRICAL IN ALL VENUES WE SERVE.  IF PHONE SERVICE IS REQUESTED, THE COMPANY WILL PAY FOR ANY TOLL SERVICE IT USES, WHETHER IN CONJUNCTION DIRECTLY OR INDIRECTLY WITH THE EVENT.

 

OTHER LABOR

 

  • THE PROMOTER AGREES TO PROVIDE ON SITE LABOR COMPRISED OF INDIVIDUALS REGULARLY EMPLOYED IN THE BUSINESS OF EVENT AND PRODUCTION LABOR UNLESS AGREED TO IN WRITING FOR THE PURPOSE OF LOADING AND UNLOADING THE COMPANY’S GEAR. TYPES AND QUANTITIES OF THESE INDIVIDUALS OR ORGANIZATIONS ARE LISTED IN ATTACHED ADDENDUM.

 

 

  • IT IS AGREED THAT THESE INDIVIDUALS WILL ASSIST COMPANY OR ITS REPRESENTATIVES TO SUCH A TIME AS ALL GEAR IS IN PLACE AND TESTED TO BUYERS OR PERFORMERS SATISFACTION OR THEY ARE RELEASED BY THE COMPANY’S ON-SITE REPRESENTATIVE.

 

 

  • IT IS AGREED THAT THE COMPANY AND OR ITS ON-SITE REPRESENTATIVE WILL HAVE SUPERVISORY CONTROL OVER THESE INDIVIDUALS.

 

 

  • IT IS AGREED THAT THEIR ONLY STATED FUNCTION FOR THE EVENT WILL BE SOLELY FOR THE PURPOSE OF ASSISTING THE COMPANY UNLESS AGREED TO IN WRITING.

 

 

  • IN CASES WHERE IT IS AGREED THAT SECURITY, MAINTENANCE OR OTHER TYPES OF WORKERS ARE TO BE USED FOR LOADING AND UNLOADING OF COMPANY’S GEAR, IT IS AGREED THAT IMMEDIATELY AFTER THE EVENT, COMPANY’S ACTIVITIES WILL TAKE PRECEDENCE OVER ALL OTHER ACTIVITIES THESE INDIVIDUAL ARE RESPONSIBLE FOR.

 

 

  • IF THE INDIVIDUALS RESPONSIBLE FOR PERFORMING ADDITIONAL ON-SITE LABOR ARE NOT EMPLOYED BY AN EVENT LABOR COMPANY WITH WHOM THE BUYER CAN PRODUCE A WRITTEN CONTRACT, THE BUYER WILL PROVIDE THE COMPANY BOTH CONTACT INFORMATION FOR THE SUPERVISOR OR INDIVIDUAL IN CHARGE OF PRODUCING ON-SITE LABOR.

 

 

  • IF ON-SITE LABOR IS PROVIDED THROUGH THE I.A.T.S.E. LOCAL, BUYER WILL PROVIDE A COPY OF THOSE PARTICULAR UNIONS RULES BEFORE LOAD IN.

 

 

  • IN THE EVENT THE PROMOTER FAILS TO PROVIDE THESE INDIVIDUALS OR HELP ACCEPTABLE TO THE COMPANY, WE RESERVE THE RIGHT TO CHARGE FOR ADDITIONAL LABOR AT A RATE OF 20.00 PER HOUR FOR EACH MAN THAT FAILS TO SHOW OR MEET ACCEPTABLE STANDARDS.

 

 

  • IF A LABOR BOND IS CHECKED ABOVE AND COLLECTED IN CONJUNCTION WITH THE DEPOSIT, THIS FEE WILL BE DEDUCTED FROM THE LABOR BOND AND THE DIFFERENCE REFUNDED TO THE PROMOTER.

 

 

  • IF THE REQUIRED LABOR BOND IS INSUFFICIENT TO COVER THIS COST, THE PROMOTER WILL IMMEDIATELY PAY THE DIFFERENCE UPON DISCOVERY AND NOTIFICATION OF THE DEFICIENCY.

 

INSURANCE / LIABILITY FOR EQUIPMENT / SECURITY

 

  • IT IS AGREED THAT ANY INDIVIDUALS EMPLOYED BY THE PROMOTER TO PROVIDE ADDITIONAL ON-SITE LABOR OR ANY OTHER FUNCTION RELATED TO THIS EVENT WILL HAVE WORKMAN’S COMPENSATION INSURANCE PROVIDED BY THE PROMOTER OR SOME OTHER SOURCE OTHER THAN COMPANIES WORKMAN’S COMPENSATION POLICY.

 

 

  • IT IS AGREED THAT IN THE EVENT OF ANY INJURY OR ACCIDENT INVOLVING THESE INDIVIDUALS, THE COMPANY WILL BE HELD HARMLESS TO ANY AND ALL LIABILITY FOR THESE INDIVIDUALS OR ANY OTHER PERSONS NOT CURRENTLY ON THE COMPANY’S PAYROLL.

 

 

  • IT IS AGREED THAT THE COMPANY WILL PROVIDE WORKMAN’S COMPENSATION INSURANCE FOR ALL INDIVIDUALS IN IT’S EMPLOYEE.

 

 

  • IT IS AGREED THAT THE PROMOTER WILL OBTAIN EVENT INSURANCE.

 

 

  • IT IS AGREED THAT THE PROMOTER WILL PROVIDE PROOF OF THE COVERAGE TO COMPANY IN WRITING NO LESS THAT 3 DAYS BEFORE EVENT. IT IS AGREED THAT FAILURE ON THE PART OF THE PROMOTER TO PROVIDE THIS INFORMATION COULD RESULT IN DELAYS.

 

 

  • THE PROMOTER AGREES TO ASSUME RESPONSIBILITY AND LIABILITY UP TO FULL REPLACEMENT VALUE FOR ALL EQUIPMENT USED IN CONJUNCTION WITH THIS CONTRACT.LIABILITY SHALL INCLUDE BUT NOT BE LIMITED TO THEFT, MISUSE BY PERFORMERS, DAMAGE BY PERSONS OR ORGANIZATIONS EMPLOYED THE PROMOTER, DAMAGE BY AUDIENCES OR ANY OTHER GUESTS OF THE PROMOTER OR ANY OTHER LOSS INCURRED BY THE COMPANY ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT WHICH RESULTS FROM ANY ACTION OR INACTION ON THE PART OF THE PROMOTER.

 

 

  • IT IS AGREED THAT THE PROMOTER WILL NAME THE COMPANY AS AN ADDITIONAL INSURED ON ALL INSURANCE POLICIES ISSUED FOR THIS EVENT FOR A TOTAL NOT TO EXCEED THE FULL REPLACEMENT VALUE FOR ALL GEAR USED IN CONJUNCTION WITH THE AGREEMENT. THIS VALUE WILL BE BASED ON THE CURRENT REPLACEMENT COST OF ALL EQUIPMENT USED IN CONJUNCTION WITH THIS EVENT.

 

 

  • IN THE EVENT THAT EQUIPMENT IS TO BE LEFT SETUP OVERNIGHT, BUYER WILL PROVIDE AT NO COST TO COMPANY LICENSED SECURITY FOR THE PROTECTION OF COMPANIES GEAR.

 

 

  • IF A LOSS DOES OCCUR, BUYER AGREES TO PAY COMPANY CURRENT REPLACEMENT VALUE OF MISSING OR DAMAGED GEAR WITHIN A REASONABLE TIME, NOT TO EXCEED THIRTY DAYS AFTER RECEIPT OF POLICE REPORT OR WRITTEN REPORT OF SUCH LOSS OR DAMAGE.

 

INCLEMENT WEATHER

 

  • IT IS FURTHER AGREED TO THAT IN THE EVENT THAT THE EVENT IS HELD OUTSIDE OR ANY OTHER LOCATION WHERE WEATHER IS A FACTOR THE ENTIRE FEE WILL STILL BE PAID IN FULL ONCE THE COMPANY COMMENCES SETUP OF GEAR.

 

 

  • IT IS AGREED THAT A MINIMUM OF 50% OF THE FEE WILL BE DUE IN THE SITUATION THAT THE EVENT IS CANCELLED DUE TO WEATHER AT ANYTIME BEFORE THE COMPANY COMMENCES SETUP OF GEAR. UNDER NO CIRCUMSTANCES WILL THIS FEE BE LESS THAN THE TOTAL EXPENSE INCURRED BY THE COMPANY IN PREPARING, ARRIVING, AND RETURNING FROM THIS EVENT.

 

 

  • IT IS AGREED THAT IN THE SITUATION THAT THE COMPANY HAS SUB-RENTED GEAR IN CONJUNCTION WITH THIS EVENT, ALL PROVEN COSTS ASSOCIATED WITH SUB-RENTED GEAR OR SERVICES WILL BE DUE IN FULL IN ADDITION TO THE COMPANIES CANCELLATION FEE.

 

DELAYS, DISPUTES, CANCELLATION & SITUS

 

  • IN ORDER FOR THIS AGREEMENT TO BE BINDING IT MUST BE SIGNED AND RETURNED WITH ANY APPLICABLE DEPOSIT TO THE COMPANY AT THE ABOVE ADDRESS. DOCUMENTS RETURNED BY FAX WILL BE CONSIDERED BINDING.

 

 

  • IT IS AGREED TO THAT IN THE EVENT LEGAL PROCEEDINGS ARE INSTITUTED ARISING OUT OF PROMOTERS ACTION OR LACK OF ACTION IN THE EXECUTION OF THIS AGREEMENT, INCLUDING PAYMENT AS DESCRIBED IN BOTH THIS AGREEMENT AND ATTACHED ADDENDUM THAT THE PROMOTER WILL PAY THE COMPANY REASONABLE ATTORNEYS FEES FOR SUCH LITIGATION.

 

 

  • IT IS AGREED TO THAT ALL UNPAID FUNDS NOT PAID IN ACCORDANCE WITH THE AGREEMENT WILL BE SUBJECT TO FINANCE CHARGE NOT TO EXCEED 18% APR AND WILL BEGIN FROM THE DAY THE UNPAID FUNDS ARE DUE AND CONTINUE IN FULL UNTIL ALL FUNDS ARE PAID IN FULL.

 

 

  • THE PROMOTER AGREES THAT THE SITUS FOR ANY LITIGATION WILL BE IN CUMBERLAND COUNT DISTRICT COURT IN FAYETTEVILLE NORTH CAROLINA.

 

 

  • IT IS AGREED THAT IF THE PROMOTER OR ANY PERSON OR ORGANIZATION CAUSES A DELAY THROUGH NO FAULT OF THE COMPANY IN THE EVENT SCHEDULE THAT RESULTS IN EXTRA COSTS TO THE COMPANY, THE PROMOTER WILL REIMBURSE THE COMPANY THESE EXPENSES WITHIN A REASONABLE PERIOD OF TIME NOT TO EXCEED 30 DAYS AFTER THE END OF THE EVENT.

 

 

  • IF EVENT IS CANCELLED MORE THAN TWO WEEKS BEFORE EVENT, IN WRITING, FOR ANY REASON, AFTER DEPOSIT IS MADE AND CONTRACTS ARE SIGNED, PARTIAL DEPOSIT MAY BE REFUNDED IF COMPANY HAS INCURRED NO COSTS IN PREPARING FOR THE EVENT.  IF COMPANY HAS INCURRED PROVABLE EXPENSES THESE EXPENSES WILL BE DEDUCTED FROM DEPOSIT.  A 1000.00 DOCUMENT PREPARATION FEE WILL APPLY TO ALL CANCELLED CONTRACTS REGARDLESS OF CANCELLATION DATE.

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