Terms Of Service | Wedding Lighting Co

PRODUCTION CONTRACT TERMS AND CONDITIONS:

PAYMENT TERMS: 33% deposit due at the time of contract ratification and remaining balance due 7 full days before the event. Payment may be made by check or credit card. A 3% service charge will be applied to all event contracts paid with credit card. Payments accepted as tax exempt must be from funds that match the name of the party who is exempt. Please make checks payable to Translucent Design Group and mail to 1500 Claiborne St., Richmond, VA, 23220; please include your contract number in the memo line. Once you pay your deposit and TDG begins work under this contract, TDG will not issue any refunds for sales items. The Client agrees to pay entire balance at or before the deadline and certifies that TD enters no obligation of service until balance is paid. Please note all special order equipment & product sales are final. Payment may not be made in the form of a cashier’s check.

EXPIRATION: The contract and prices quoted are valid until the end of business hours (8:00 P.M.) 2 weeks after the contract is issued. If not confirmed by this time, the contract will be considered Expired. After expiration, this proposal may re-quoted upon request: however, prices and equipment availability may be changed, and this contract will be declared void.

CONFIRMATION: This event can be confirmed by returning a signed contract for TDG as well as the deposit payment. Electronic & facsimile signatures will be accepted as original signatures and part of the whole agreement. Date is not reserved until deposit payment has cleared..

SECURITY, ACCESS, & PARKING: Client shall make and provide all needed security arrangements, access passes and/or clearance arrangements for TDG crew, equipment, and vehicles to access the jobsite. Client shall supply direct truck access to loading entrance at time of load in and load out, as well as secured parking for all vehicles & trucks and access to stage/event area during the required service times. All parking tickets received by TDG on-site at the event location will be given to the person who signs this contract and will not be paid or challenged by TDG or its staff members. Client hereby agrees to pay an additional $75.00 administrative fee to settle parking tickets received due to the client’s failure to provide TDG with appropriate passes and access for crew vehicles, and company vehicles/trucks. TDG will require on-site parking for one 16' vehicle.

CHANGES & ADDITIONS: Change orders will be addressed via a separate document and must be signed and agreed to by both parties. TDG personnel reserve the right to make changes of how a specific task is accomplished without actually changing the scope of work. It is up to TDG and its staff to decide the proper installation method and what equipment will be used to complete the scope of work according to that design. If TDG is unable to use any or part of the equipment listed, or requires additional equipment, the client will not be charged any additional money nor will the client be given a refund for equipment on site left unused. TDG reserves the right to make changes to any equipment list being used or TDG reserves the right to use equipment not listed in the quotation. TDG also reserves the right to make changes to the specific items used to complete the job. Please note that some items listed on the contract equipment list will not be used but are listed as inventory tracking in the event the item(s) are needed. Extra equipment is packed on every job in the event of changes made to accomplish the task. The price will remain the same regardless of what is left used or unused.

CANCELLATION POLICY AND SERVICE CHARGES: A cancellation charge of 25% of the contract total will apply when a confirmed event is cancelled. A cancellation charge of 50% of the contract total will apply when a confirmed event is cancelled with less than 30-days notice before event date. Cancellation of event or production services less than a week prior to event date will result in forfeiture of all deposits and additional restocking fees including equipment rental fees may apply.

Cancelation of individual services and rentals without full cancellation of the contract will result in a fee equivalent to 25% of the service or rental charge after ratification. Within 30 days of the event date, cancelation of individual services and rentals without full cancellation of the contract will result in a fee equivalent to 50% of the service or rental charge.

Cancellation of event at any time could result in a restocking fee, to be based on total costs already incurred by TD, including lost-opportunity cost, equipment special-ordered for the event under this contract, labor for design services, Labor costs from site surveys or walkthroughs, and labor required to restock equipment already prepared for the event or collect equipment already delivered to the event site. Event services confirmed less than 72 hours before the event date may be subject to a 20% service charge for expedited processing and special handling.

CONDITIONS BEYOND OUR CONTROL: On-site changes the client or their agents make which fall outside the scope of the work, causing TD to work longer than the hours indicated under the scope of work will result in additional labor charges. Unless otherwise specified, It is the responsibility of the signing agent and the organization they represent to ensure that the route to the typical loading area/dock is free of debris, ice, vehicles, anything or anyone else that may interfere with TD operations. TD will endeavor to discuss these additional charges with the on-site client representative named above at the time the change is requested. Where appropriate, such as for a video wall or lighting tower, client will ensure that a stable and level surface is provided, or alert TD to the condition of the ground before ratification. Client is responsible for providing all necessary electrical power needed to complete the event design, unless otherwise specified in the contract or scope. No refund will be provided for contract items left incomplete due to insufficient electrical power, voltage issues, access, or power outages.

LABOR PROVISIONS: Labor rates are based on the production schedule and are considered estimated. Labor may be additionally billed as the result of a revised production schedule, on-site changes, safety concerns and weather, etc. If a performance or event exceeds the scheduled or contracted ending time, Client agrees to pay TDG any overtime charges incurred. TDG may require a portion of the overtime charges to be prepaid prior to the originally contracted event end time in order to continue the event. A standard workday is 8 hours per crew member. For jobs that go over 8 hours, overtime (time and a half) will be charged. Double time will be applied to every job over 12 hours and all jobs that take place on holidays. Events/productions held on Easter, Christmas Eve, Christmas Day, Thanksgiving, New Year’s Eve or New Year’s Day will be subject to overtime charges without exception.

USE OF MEDIA: TDG employees or agents may take photographs or videos at any time during an event. TDG may use pictures taken at the event for any purpose, including promotional or marketing, unless the Client informs TDG in writing that photography is prohibited at the event.

LIABILITY: Client shall arrange with the venue to supply adequate 24-hour security for overnight events to prevent theft and loss, tampering and/or damage to equipment left on client premises overnight. In the case of such loss, theft or damage, the Client agrees to be liable for the full list price of the item(s), its rental costs and TDG's normal day rental charge for that item(s) incurred daily until it is replaced or compensation is paid by the client. Damaged, lost, or stolen items are billed to the client at a daily rental rate from the period of the rental contract until it is replaced or repaired. This rental charge is in addition to the cost for replacement. Client is responsible and liable for any damages or loss suffered by TDG resulting from actions of the client, its agents, contractors, guests, artists, volunteers or those in attendance of the event. Client agrees it is responsible for any equipment not directly supervised by TDG staff and damage or replacement costs incurred for any reason other than negligence by TDG, its employees, its agents or contractors while the equipment is on the site. By signing this document, you certify that the organization that this contract has been prepared for, as well as its agents and vendors that TDG may work in conjunction with, hold liability insurance coverage issued by an existing insurance company.

LATE PAYMENTS & COSTS OF COLLECTION: Client agrees that all payments not made on time as stated above and agreed to will be subject to penalties and late fees as permitted under statutes provided in Commonwealth of Virginia and Richmond, Virginia law. All past due balances shall be subject to an interest charge of 2% per month (24% APR); all discounts will be forfeited on accounts not paid according to the contract terms. A $35 charge will be applied to all returned checks. The client agrees to pay all costs incurred by TDG in collecting the amounts due to TDG, including, but not limited to postage for certified letters, attorney's fees of 30% of the total contract amount, court costs and other costs of collection. If client becomes bankrupt or insolvent, or if a petition in bankruptcy Is filed by or against the Client or if a receiver is appointed for the Client, TDG may refuse to make further delivery and may terminate this contract without prejudice to the rights of TDG. If the Client's financial condition becomes unsatisfactory to TDG, the balance of the contracted price may be required to be deposited in escrow or the Client may be required to provide sufficient proof of its ability to pay the balance of the contract price. Client is not entitled to recover incidental or consequential damages in connection with any breach of this Contract.

REPOSSESSION: If you default in any of the terms, covenants and conditions herein, or in punctually making any rental, sale or other payment, or if any execution or other writ or process shall be sued in any action or proceeding against you, whereby the said equipment may be seized or taken or detained, or if any proceeding in bankruptcy, receivership or Insolvency shall be instituted by or against You or Your property, or if You shall enter into any agreement or composition with Your creditors, or in the event that any judgment is obtained against You, then in any such event, TDG shall have the right to terminate this agreement and to take immediate possession of said equipment and, for such purpose, TDG, or its agents or employees, may enter any premises where said equipment may be, and may remove the same therefrom, with or without force and with or without notice of intention to retake the same, without being liable in any suit, action or other proceeding by you.

MAINTAINING SAFE & DIGNIFIED CONDITIONS: Client agrees that TD, its employees, agents and contractors retain the exclusive right and sole discretion, in cases of hazards, inclement weather, or unsafe environments or similar situations, to halt show or terminate TD's obligations in this Contract without liability for damages or lost revenue to Client, venue, artists, or any related event contractors or agents. TD will fully cooperate with all fire & law enforcement officials at all times to maintain safe conditions. In cases of such actions taken by TD, Client agrees to indemnify and hold harmless TD for the action. No refunds are issued in such situations; a safe event is our main concern.

Client, and any agent or person associated with or representing the client, agrees to treat TD employees with respect and dignity, regardless of circumstances. Events can be unpredictable in the load, operation, and unload stage - TD will work diligently to solve problems as they arise in a manner determined best by the crew chief.

Client agrees to have one point of contact during the run of the event, and for that person to be prepared, knowledgeable in the execution of their own duties, clear with communication, and professional when dealing with the unexpected. Mistreatment of TD employees or unprofessional conduct will not be tolerated. The client will remove agents, persons, or items that are disruptive to TD employees and add to the workload of staff, including agents that do anything to inhibit or make more difficult the agreed upon scope of work. TD reserves its right to terminate the contract at any time if the client violates these terms.

For events and event setups/load outs longer than 4 hours, Client will provide a bathroom that can be easily and quickly accessed by TD employees, or inform TD that no such facilities exist before the approval document is ratified.

.PREPARATION: Proper preparation is essential for a successful event. Large events can take months to plan successfully. Client agrees to deliver final versions of timelines, media and essential show assets as directed by TD staff. Finalized versions of all content final deadline is SEVEN full days before the event setup. Late delivery will result in a fine of at least 15% of the contract total to facilitate any overtime required to rush completion of paperwork. There is no cap on overtime, TD will spare no expense to properly prepare for events. All costs incurred by TD during off-schedule execution of duties will be passed on to the client.