PAYMENT: This Production and Rental Contract (the “Contract”) is not effective, and the production/event date is not reserved, until you (Client) deliver a deposit of 50% of the total contract price. Unless other arrangements are agreed to in advance by Way Better Sound (“WBS”), you must pay the final 50% of the Contract price on or before the event start date listed above in the Contract. Any additional services that you request, or are requested on your behalf, will be billed and are due within 7 days of the invoice. Payment can be made by cash, check or credit card. All rentals require a credit card to be placed on file even if other payment methods are used.
CANCELLATIONS: You must submit a written notice of cancellation of services at least 10 full business days prior to the start date. Any cancellations that are received less than 10 full business days prior to the start date will result in a late termination fee of 50% of the Contract price, applied against your deposit. You may not cancel or terminate the Contract once equipment has been picked up or delivered to the event.
CHANGES: You agree that WBS will charge $50.00 per hour per WBS representative for delays in our installation on the job site caused by circumstances beyond our control, or for additions or changes to the Services described above.
LOSS AND DAMAGE: You agree and understand that you must use the Equipment solely for its intended use, and that you are responsible for all Equipment while such Equipment is at the Venue or in your care. You must inspect the equipment prior to its use and notify WBS of any defects. You must return Equipment in the same condition in which you received it. You must pay all expenses and fees related to damaged, broken, lost, stolen, missing, or excessively soiled Equipment, including damage due to adverse weather conditions. These expenses and fees may include, but are not limited to: equipment replacement; repair/cleaning labor; cost of sourcing temporary replacements to fulfill other contracts; legal fees; and other fees associated with collecting payment.
CONFIDENTIALITY: All ideas and designs developed for the Event are the property of WBS and any dissemination or copying of this Contract is prohibited. You agree to keep this Contract and its terms and conditions strictly confidential.
ELECTRICAL POWER: Unless stated otherwise in the above agreement, a qualified electrician or Venue Engineer provided by Client or the Venue shall handle all aspects of the electrical tie-in and disconnection of the Equipment to the Venue’s electrical system, and such person must remain on site until WBS has approved the power-up of the Equipment. You are responsible for any required permits, generator, or any other associated expenses. You must supply a dedicated electrical source (to our specs) at the venue that is sufficient to handle the Equipment. WBS is not responsible for any electrical, generator or electrician charges unless specifically stated in our proposal. WBS is not responsible for any electrical power problems or production delays due to problems with the Venue’s electrical power. Unless indicated above, WBS is not responsible for coordinating the electrical needs of bands, caterers, decorators or others; however, WBS may agree to handle such services for an additional fee.
OVERHEAD SAFETY: Overhead work is dangerous to both the person on the ladder or personnel lift and to persons on the ground. WBS personnel are required to stop work whenever anyone approaches the ladder or lift. You must ensure that the area around any WBS representative is kept clear of all persons and is a safe working environment . WBS is not responsible for any delays in the completion of WBS services when personnel or material hinder access to our work area. WBS is not responsible for any charges for the use of a Venue’s ladder or lift unless specifically stated in the Contract.
SECURITY: You must provide or arrange for adequate security for WBS’s personnel and Equipment to prevent theft, damage or harm. If WBS equipment is to be left on-site overnight, or for multiple days, adequate overnight security must be provided for the duration.
FACILITY ACCESS: You must ensure that WBS has access to the Venue’s loading dock or entrance to facilitate the timely installation and removal of Equipment. WBS is not responsible for delays in our services or installation due to facility access difficulties.
DELAYS DUE TO OTHER CONTRACTORS: WBS is not responsible for any delays in the completion of the Services when WBS personnel are required to wait for other contractors to complete their installation.
WARRANTIES AND MERCHANTABILITY: WBS warrants that the Services will be performed in a workmanlike manner. WBS makes no other warranties, expressed or implied, as to the performance or non-performance of any of our equipment. WBS can only guarantee that the equipment was in 100% working order when it left our facility. We do maintain our equipment regularly, but there is no way to guarantee the performance of a piece of electronic equipment. However, in the event of equipment failure, WBS will do everything within reason to try to rectify the scenario.
FORCE MAJEURE CLAUSE: You agree that in the event of an Act of God, riot, insurrection, war, natural catastrophe, act of terrorism, or the exercise of authority of any branch of government or any other event beyond the reasonable control of WBS occurs, and that due to such occurrence WBS is unable to fully provide its Services or Equipment, WBS shall be relieved of any responsibilities set forth herein and shall not be liable to you or any other party for the loss, cost or expense resulting from WBS’s failure to perform.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WBS, ITS CONTRACTORS, AGENTS AND EMPLOYEES OF, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, JUDGMENTS OR OTHER PROCEEDINGS, COSTS OR EXPENSES OF ANY KIND WHATSOEVER WHICH MAY BE IMPOSED ON, INCURRED BY OR ASSERTED AGAINST WBS, ITS AGENTS, CONTRACTORS OR EMPLOYEES AS A RESULT OF, ARISING FROM OR IN ANY WAY RELATING TO THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF CLIENT, VENUE, OR OTHERS, ITS EMPLOYEES AND REPRESENTATIVES, OR FROM ANY PROPERTY DAMAGE OR PERSONAL INJURIES CAUSED BY THE EQUIPMENT. WBS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM POSSESSION OR USE OF THE EQUIPMENT OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS REVENUE, LOST BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORSEEABLE AND WHETHER WBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW: This agreement shall be construed under the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas.
FACSIMILE SIGNATURE: Client and WBS agree that signatures transmitted by facsimile, e-mail or other electronic means have the full force and effect of original signatures.
COMPLETE AGREEMENT: This Agreement contains the entire agreement between parties. No other agreements, representations, warranties or other matters, oral or written, shall be deemed to bind the parties. You acknowledge that you are entering into this Agreement solely on the basis of the representatives contained herein.
THIRD PARTY BENEFICIARIES. There are no third-party beneficiaries of this Agreement.