The following are EDEN USA, INCORPORATED (hereinafter referred to only as "Eden USA, Incorporated" or just "EDEN" 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 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.
As EDEN offers gear RENTALS as well as staging, lighting, audio engineering, and DJ SERVICES, please note that not every section below
will apply to your booking type. IT IS VERY IMPORTANT TO UNDERSTAND THAT THESE TERMS AND CONDITIONS ARE the PRIMARY CONTRACT
BETWEEN EDEN AND THE PURCHASER. Please read through each section as pertinent to your booking type. Please note
that these Terms and Conditions normally will SUPERCEDE any language contained in any other contract with EDEN, if such language
is similar or the same.
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
PURCHASER APPROVES by email or sign an Estimate/Purchase Order, pays on any portion of an 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"), 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 customers 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 (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 is detained for any reason, PURCHASER will be notified as soon as possible. PROVIDER will
attempt provisioning of other services, 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).
III. SERVICE GUARANTEE-PART 2 (Arrival Time): As TRAFFIC/WEATHER is unpredictable in all large cities in the
U.S., PROVIDERS's ACTUAL ARRIVAL TIME will be dependent on many factors. Therefore, PURCHASER agrees to
honor a 1-HOUR GRACE TIME from the CONTRACTED/AGREED UPON arrival time, which is set primarily BY the PROVIDER for
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. If PURCHASER requires a PRECISE ARRIVAL TIME,
this can be arranged for an additional fee of $75.00 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.
IV. OVERTIME: Gear (ANY gear) rental or Engineering or DJ services overtime is charged on credit card provided
at $50.00 per half-hour, for every half-hour or portion thereof, if PURCHASER runs over contracted end time. Unless previously
arranged, any time after 2:00AM, automatically falls into the overtime status. A 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 $150.00 will apply. Daily late charges equaling at least 20% of invoice
total, will apply for gear picked up from our facilities, which is not returned on the exact day and time agreed upon, regardless of
whether an oral or written agreement.
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 processes, or which are not under our direct control (e.g., weather, unions and union rules, gaff tape,
parking fees, carpeting, etc.). Please note that UNLIKE other vendors, we do NOT automatically build into the invoice, any
of 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;
(c) DIFFICULT LOAD-IN/OUT-long and difficult runs from truck 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; and finally (f) MARSHALLING-a process required by the unions that are in control of all convention centers. PROVIDER
must charge a nominal amount of $20.00/hour (per technician), for every hour we spend working for the PURCHASER to marshal the gear for them. 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 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
ARTICLE-1: 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 arrangements 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 $250.00 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 headlining performers.
ARTICLE-2: EQUIPMENT RENTAL-PROVIDER DELIVERS GEAR
For booking of Equipment Rental-PROVIDER Delivers Gear, 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:
FIRST: 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 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.
SECOND: 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, it is the PURCHASER's sole responsibility
to GAURANTEE a safe and sane environment for the PROVIDER's equipment, venue, and attendees, at ALL TIMES. That
INCLUDES, the following:
- While the equipment is being brought into or out of the facility by the PROVIDER's or the venue's staff.
- While the equipment is at the facility, regardless of whether it is being used OR being stored.
- While the equipment is being setup or while the equipment is being disassembled.
Repair or replacement costs incurred by PROVIDER, for damaged or stolen equipment will AUTOMATICALLY be charged to
the same credit card, which was provided, to pay for deposit. If a credit card has not been provided to
pay a deposit, then a credit card MUST be provided to cover the costs of damages or theft. If a credit
card transaction is declined for any reason, purchaser agrees to make immediate alternative payment arrangements
with PROVIDER, to cover the costs of damaged or stolen equipment. It is NOT the responsibility of PROVIDER
to perform a search for the missing gear, or act as a detective or police agency in the pursuit of located the person
or persons who removed the gear from the venue during the rental period.
The PURCHASER agrees to be fully responsible for the repair/replacement of gear regardless of length of time that has
transpired following an event. That is, if we find a piece of gear missing or that has been damaged by the
PURCHASER 5-days after the end of the event, the purchaser agrees to be fully liable for the damages to that gear, or
for the theft of that 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 great deal of time in this pursuit, especially
when the gear damaged or missing must be rented to another PURCHASER within a short amount of time.
IMPORTANT: PURCHASER agrees to immediately contact provider in the event that an issue arises whereupon
the gear stops working correctly or intermittently. Purchaser also agrees to allow provider ample time to return
to event (if not onsite) to repair issue and/or replace 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 zero guarantee that
our equipment will function correctly. There is 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 hygenic 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.
ARTICLE-3: EQUIPMENT RENTAL-PURCHASER PICKS UP GEAR FROM PROVIDER FACILITY
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.
ARTICLE-4: 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 the a method of shipment which will gaurantee
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.
ARTICLE-5: USED GEAR SALES
As aformentioned 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.
ARTICLE-6: DEMONSTRATION SERVICES
EDEN USA (PROVIDER) occassionaly 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.
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
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 gaurantee 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, 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 immiment and/or 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 serious
safety hazard or security issue, and/or violates any federal, state, or local law.
Immediately following estimate/invoice APPROVAL, 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) which 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 customers, on a "first-to-reserve, 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.
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. 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 and
negotiate. 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 undisclosed impediments out of PROVIDER'S control. 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 please 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 insure 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 customer 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
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. (see: Section 3.3 Cancellation/Postponement/Refund Policy)
3. ELIGIBILITY and CANCELLATIONS
Renter must be at least 18 years of age, and possess a valid driver's licenses or similar 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--no other form a payment is accepted. 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 (minus a 25% processing fee) MAY
be granted on most common gear rentals (but NOT EVENTS, STAGING, or large-scale PRODUCTIONS) if cancelled
anytime UP TO 5-business days before the event date. If PURCHASER cancels in WRITING, and as described below, PROVIDER
will normally 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 is NOT
CANCELLING and 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 $50.00 may still apply. NO
REFUNDS of any funds will be issued where: (a) the customer fails to give notice of cancellation;
(b) the customer fails to give notice prior to the period upon which the event or rental would
commence; OR (c) for certain 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
3.4 RAIN CHECK POLICY
RAIN 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, PROVIDER will CREDIT the deposit amount to a future, planned
and booked event, if booked within 1-YEAR past the originally planned event date.
Cancellation by refusal, or failure to accept delivery of rented 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
4.1 TITLE AND OWNERSHIP
The agreement will be a contract of rental only and not of sale. You agree that 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 or pledge the equipment. However, you may
sublet it under your own company name.
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 excepted. 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; replace the defective equipment or refund that portion of the rental charges
designated for the faulty equipment, or offer a free or discounted rental for another date.
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
lent 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
Customer 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 customer 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
customer 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)
All charges are based on the time equipment is in renter's possession whether in use or not. Should the
customer 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 customer; and PROVIDER is hereby released from all claims arising there from.
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
4.5 PURCHASER RESPONSIBILITIES
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 customer and/or his designated agents. PURCHASER assumes all risks
of all losses. PURCHASER'S responsibility ends when the equipment is safely returned, in the exact same condition as when it was picked up, 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 or services may not be
sublet. Customers 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 and application of equipment. It is NOT PROVIDER's responsibility to
provide training on the specifics on the operation of complex equipment. PROVIDER will provide basic operation
and safety instructions only.
You agree to indemnify PROVIDER and to hold the rental company and it's employees and/or agents 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 whosoever used or
operated the equipment during the rental term.
PROVIDER is not responsible for accident or injury caused directly or indirectly in the use of the rented equipment. Rented
equipment is deemed to be in the custody and care of the renter and when used in commerce customer warrants that he/she is insured for such purpose.
Customer assures usage 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
and/or services listed herein. Equipment damaged or seized by government authority as a result of renters 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. Rented equipment is to be 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 customer 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 absolutely zero guarantee that our equipment will function
correctly. There is 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. 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.
5.1 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, customer 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. Customer
is responsible for all damages and claims arising from the use of the rented equipment. Customer 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.
It is soley at the customer'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 insurer(s) must agree to be the primary insurers 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. Purchaser agrees that PROVIDER may elect to enforce it's remedies directly against you without resorting to making
a claim against Purchaser's OR Provider's insurance.
5.2 GENERAL INSURANCE REQUIREMENTS-COIs and SINGLE/MULTIPLE DAY EVENTS
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 would put an end to 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 carries insurance for the replacement of any stolen or damaged 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.
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 interestes. 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 3-days prior to the PURCHASER'S arrival at event site. There is usually a nominal fee
of $125.00 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.
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. (see: revocability).
6.2 DEMONSTRATION OF ITENT
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: whether the authorized
agent requesting those services is present at the time of delivery; and whether or not a signature is obtained.
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 call early 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
Our liability for failure to perform in whole or in part, any portion of the agreement or services requested, or failure of any rented equipment to operate properly or effectively, is
limited to the face value of the contract for those specific products or services. The PROVIDER is in no way liable for the outcome of an event.
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.