Terms of service.
1. PAYMENT TERMS: 50% deposit due at time of contract ratification and remaining balance due 30 days after event. Payment may be made by check, credit card, venmo, paypal, cashapp or bitcoin transfer. All checks payable to Lost Productions. Credit Card and Paypal transactions will be subject to an additional service charge of 3%.
2. EXPIRATION: The contract and prices quoted are valid for 1 weeks after the contract is issued. If not ratified 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.
3. CONFIRMATION: The event can be confirmed by returning a signed electronic contract which Lost Productions will facilitate.
4. SECURITY, ACCESS, & PARKING: Client shall make all needed security arrangements, passes and/or clearance arrangements for LP crew and equipment. Client agrees it is responsible for any equipment not directly supervised by LP staff and damage or replacement costs incurred for any reason other than negligence by LP, its employees, its agents or contractors while the equipment is on the site. 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/area during the required times. All parking tickets received by LP on-site at the event location will be given to the person who signs this contract and will not be paid or challenged by LP 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 LP with appropriate passes and access for crew vehicles, and company vehicles/trucks. LP will discuss logistics and parking needs prior to the event.
5. CHANGES & ADDITIONS: Change orders will be addressed via a separate document and must be signed and agreed to by both parties. LP crew and staff reserve the right to make changes of how a specific task is accomplished without actually changing the scope of work, it is up to LP 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 LP 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. LP reserves the right to make changes to any equipment list being used or LP reserves the right to use equipment not listed in the quotation. LP 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. Client is responsible for providing all necessary power needed to complete the event design, unless otherwise specified in the contract. No refund will be provided for contract items left incomplete due to insufficient electrical power or power outages.
6. CANCELLATION AND SERVICE CHARGES: A cancellation charge of 25% of the contract total will apply when a confirmed event is cancelled with less than 30-days notice; less than 7-days notice a 50% cancellation charge will apply. Cancellation of event or production services less than 72 hours prior to event date will result in forfeiture of all deposits and additional restocking fees including equipment rental fees may apply. The restocking fee will be based on total costs already incurred by LP, including labor required to restock equipment already prepared for the event. Larger events may be subject to additional cancellation charges at the discretion of LP. Event services confirmed less than 48 hours prior to the event date will be subject to a 20% service charge for expedited processing and special handling.
7. CONDITIONS BEYOND OUR CONTROL: On-site changes the client or their agents make which fall outside the scope of the work, causing LP to work longer than the hours indicated under the scope of work will result in additional labor charges. LP will endeavor to discuss these additional charges with the on-site client representative named above at the time the change is requested.
8. 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 LP any overtime charges incurred. LP 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 10 hours per crew member. For jobs that go over 10 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. Additional crew/operators not covered in this proposal are $75.00 per hour per person at 4-hour Increments and will be billed in a contract addendum and must be paid in full within 15 days to avoid late charges as stated below. Events/productions held on Easter, Christmas Eve, Christmas Day, Thanksgiving, New Year’s Eve or New Year’s Day will be billed at double time of the contracted labor rate without exception.
9. USE OF MEDIA: LP employees or agents may take photographs or videos at any time during an event. LP may use such media for any purpose including promotional or marketing purposes unless Client informs LP in writing that photography is prohibited at the event.
10. 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 LP 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 LP resulting from actions of the client, its agents, contractors, guests, artists, volunteers or those in attendance of the event. By signing this document, you certify that the organization that this contract has been prepared for, as well as its agents and vendors that LP may work in conjunction with, hold liability insurance coverage issued by an existing insurance company.
11. 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 state of Oregon 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 LP in collecting the amounts due to LP, 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, LP may refuse to make further delivery and may terminate this contract without prejudice to the rights of LP. If the Client's financial condition becomes unsatisfactory to LP, 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.
12. 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 used 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, LP shall have the right to terminate this agreement and to take immediate possession of said equipment and, for such purpose, LP, 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.
13. MAINTAINING SAFE CONDITIONS: Client agrees that LP, 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 LP’s obligations in this Contract without liability for damages or lost revenue to Client, venue, artists, or any related event contractors or agents. LP will fully cooperate with all fire & law enforcement officials at all times to maintain safe conditions. In cases of such actions taken by LP, Client agrees to indemnify and hold harmless LP for the action. No refunds are issued in such situations; a safe event is less expensive than a deadly one.