About Us : Terms of Service
1. AGREEMENT BETWEEN YOU AND MEGA Event Production, LLC. The sites, megaeventproduction.com, megaeventrentals.com, and avgear.net are technology platforms owned and operated by MEGA Event Production, LLC (“Event Company”). The following terms and conditions (“Terms of Service”) apply to your use of the Sites. The term (“Sites”) includes megaeventproduction.com, megaeventrentals.com, megaevents.com, megaauctions.net, avgear.net, eventnights.com, and any current or future related mobile sites, mobile applications or other products or services owned by the Event Company. By using the Sites, you explicitly accept these Terms of Service.
2. SERVICES. Potential and existing clients (“The Client”) seeking production services and / or equipment rental may browse or search the Sites for more information on available services and / or rental equipment at no charge. Subject to the restrictions in these Terms of Service, The Event Company hereby authorizes you to view, copy, download and print a single copy of the information and data (“Content”) available on the Sites, provided that: (1) the Content is used solely for service or product evaluation purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in such Content. Except as expressly provided above, nothing herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any trademark or copyright of The Event Company.
3. ESTIMATES. The Client may request estimates for services, equipment rental, or a combination thereof for live production events (“The Event”) via the Sites or direct Email communication. Any estimates or proposals developed are based upon information provided by The Client and is only an estimate of the equipment and services to be provided in connection with The Event.
4. ACCEPTANCE OF ESTIMATES. The Client may accept the estimate provided by Email or US Mail. By accepting an estimate, The Client agrees to the Terms of Service stipulated in the following sections.
5. ESTIMATES VS INVOICE AMOUNT. In the case where the actual amount of equipment, services, and labor provided in connection with The Event is greater than the amount specified in the estimate, The Client shall be charged for such additional equipment, services, and labor at prevailing standard rates. Unless otherwise itemized on the estimate, all pricing excludes sales tax, freight, and shipping & handling, which will be charged and due upon final invoice. Sales tax exempt entities must submit sales tax exemption certificates prior to the commencement of The Event. If tax exemption certificates are not received prior to the billing of The Event, sales tax will be due and payable at the time of final invoice.
6. LABOR RATES. Hourly labor rates, minimum calls, overtime labor rates, daily labor rates, and per diems apply and are based upon prevailing rates and practices at the venue where The Event is being held and the business division providing the services. Labor estimates were developed based on information provided by The Client. All Labor calls are subject to a minimum charge period based on local venue rules, servicing division policies, and / or Union rules, as they may apply. For events using Union Labor, rates may vary based upon the number of Union vs Event Company staff permitted to work on The Event, which is ultimately the decision of the Union. In the event that the employee or contractor works more hours than estimated in the proposal, The Client will be billed the appropriate prevailing or premium rate for the additional hours worked.
7. EQUIPMENT RATES. Unless otherwise noted, all rates are based upon per-room, per-day calculations with the minimum rental period being one calendar day. A day rental period consists of all or any portion of each 24-hour period starting at 12:00am and continuing through 11:59pm. The Client agrees to pay the rental fees described in this proposal for the stipulated period. Any equipment that is used and/or retained by The Client for a longer period shall be subject to The Event Company’s prevailing rates until the equipment is returned.
8. EQUIPMENT HANDLING. All equipment must be handled by The Event Company’s personnel only. Equipment may not be moved, stored, or serviced by The Client or any other party. The Client may not operate the equipment unless authorized by The Event Company. The Client will incur additional charges if equipment is moved or relocated by The Client or any other party. The Client agrees that The Event Company shall be permitted free access to the equipment at any time before, during and/or after the Event for purposes of set/strike, maintenance and routine checks. The Event Company retains all title and rights in and to the equipment and all related accessories.
9. DAMAGE & SECURITY. The Client shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by The Event Company’s negligence. In addition to amounts due to The Event Company in connection with this proposal, The Client agrees to pay The Event Company upon demand for all amounts incurred by The Event Company on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. In addition, The Client shall be responsible for rental fees while equipment is being repaired and/or replaced, as the case may be. If security is required by The Client or deemed necessary by The Event Company to protect the equipment during The Event, The Client shall be responsible for all costs in connection with the provision of security.
10. EQUIPMENT FAILURE. The Event Company maintains and services its equipment in accordance with the manufacturer's specifications and industry practice. The Event Company does not, however, warrant or guarantee that the equipment or services being provided will be free of defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during The Event for any reason whatsoever, The Client agrees to immediately notify The Event Company. The Event Company will attempt to remedy the problem as soon as possible so that The Event is not interrupted. The Client agrees and acknowledges that The Event Company assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with The Event as a result of inoperable equipment or otherwise.
11. PAYMENT. Upon conclusion of the Event, The Client shall be required to make full and final payment. If The Client seeks to be direct billed for equipment rental, labor and other services, they may be required to make a deposit payment at least 30 days prior to the first day of the Event or at signing of the contract if such date is within 30 days of the first day of the Event. The deposit received will be credited to the final invoice for The Event. The Client shall be required to make full and final payment to The Event Company within the terms agreed upon and outlined in the proposal.
12. LATE AND NON-PAYMENT. Any Services remaining unpaid for over thirty (30) days from the due date which were discounted in any manner due to promotions, price matches, early payment discounts, or other discounts will be due at the full rate before any such discounts were applied.
In the event of non-payment, the Event Company retains the right to attempt collection through the courts. The Client will be held responsible for all court fees, legal fees, and collection costs incurred by the Event Company. The Client shall be charged $35.00 for each bounced check, plus a $17.50 service charge for each collection notice.
13. VENUE FEES. Any fees charged by the venue to the Event Company, including but not limited to Electrical Service Fees, AV Surcharges, Service Charges, and additional AV Labor Charges, are payable by The Client.
14. INTEREST. Accounts not paid within the terms stipulated are subject to a 1.5% monthly interest charge on the balance due. This interest will be payable as it accrues on demand.
15. EVENT CANCELLATION. If the Client cancels The Event or the provision of audiovisual equipment and services by the Event Company more than 30 days prior to the first day of The Event, no cancellation charges shall apply except for expenses actually incurred by the Event Company. Cancellations received at least 15 days prior to the first day of The Event, shall be subject to a cancellation charge equal to 50% of the entire estimate of charges contained in the most recent version of the proposal. Cancellations received between less than 15 days prior to or up to 72 hours before the first day of The Event, shall be subject to a cancellation charge equal to 75% of the entire estimate of charges contained in the most recent version of the proposal. Cancellations received 72 hours or less before the first day of The Event, or after equipment has departed from its storage facility, and any sub-rented equipment shall be subject to a cancellation charge equal to 100% of the entire estimate of charges contained in the most recent version of this proposal.
ALL CANCELLATION NOTICES MUST BE IN WRITING AND RECEIVED BY THE EVENT COMPANY BEFORE BECOMING EFFECTIVE. IF APPLICABLE - IF ANY CUSTOM SETS, GOBOS OR OTHER CUSTOM MATERIALS ARE REQUIRED FOR AN EVENT, AN ADDITIONAL CANCELLATION FEE WILL BE APPLICABLE AND DUE TO THE EVENT COMPANY REGARDLESS OF THE DATE OF CANCELLATION IN AN AMOUNT EQUAL TO THE DIRECT AND INDIRECT COSTS INCURRED BY THE EVENT COMPANY OR ITS AFFILIATES IN SECURING AND/OR CONSTRUCTING SUCH CUSTOM MATERIALS PLUS A 15% RESTOCKING FEE.
16. CHANGES TO CLIENT PROPOSAL. The Client may make changes to equipment or services specified in the proposal and the above cancellation charges shall not apply if The Client requests changes to equipment or services within 24 hours of the Event as long as the overall charges in the revised proposal are within 10% of the original agreed proposal.
17. ‘RAIN OR SHINE EVENTS’. It is understood that if this is a “Rain or Shine” event, the Event Company compensation is in no way affected by inclement weather. For outdoor performances, the Client shall provide overhead shelter for equipment setup. The Event Company reserves the right, in good faith, to stop or cancel some or all of the Services should the weather pose a potential danger to the Event Company employees, contractors, equipment, or audience members. Every effort will be made to continue the performance; however safety is paramount in all decisions. The Event Company compensation will not be affected by such cancellation.
18. INDEMNIFICATION. The Client and The Event Company each hereby forever agree to indemnify, defend and hold harmless the other for any and all claims, losses, costs (including reasonable attorneys fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors. The Client also agrees to indemnify, defend and hold harmless The Event Company against all claims for copyright, patent, or other intellectual property infringement including claims for licenses and royalties, as a result of The Event Company’s use of any and all, without limitation, Client provided materials, recordings, videos, software, hardware etc., in connection with The Event.
19. LIMITATION OF LIABILITY. Under no circumstances will The Event Company be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings, or use) whether arising in contract, tort or otherwise in connection with The Event.
20. FORCE MAJEURE. Performance under this Agreement may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations; acts of god, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor disputes; or other unforeseeable incidents outside of any responsible party's control which shall make such performance impossible and/or impractical. The party whose performance is so delayed shall give notice of the delay and its cause to the other party to whom performance is owed within five (5) days of the commencement of such delay.
21. MISCELLANEOUS. These Terms of Service shall be governed and interpreted in accordance with the laws of the state where The Event is located. In the event of suit involving or relating to this agreement, The Client agrees that the venue will be in either San Mateo or Ventura County, California. The provisions of these Terms of Service may only be modified by written agreement signed between the parties.
22. ADDITIONAL TERMS AND CONDITIONS. From time to time, additional event-specific terms may also be included in the estimate. The Client understands and agrees to any additional provisions contained within the estimate.
23. INTEGRATION/RE-AFFIRMATION.
The Client acknowledges and agrees that these Terms of Service, and the other policies and terms, referenced herein, constitute the entire and exclusive agreement between The Event Company and The Client regarding The Event, and supersede and replace any prior agreements between The Event Company and The Client regarding The Event.
The Client further acknowledges and agrees that each time The Client visits the Sites: (i) expressly waive any prior rights The Client may have obtained from any contract to access or use the Sites; (ii) re-affirm commitment to abide by these Terms of Service, including any new provisions that have been added since the last time The Client accessed the Sites; and (iii) signify The Client’s agreement that the current terms in The Event Company’s Terms of Service supersede all prior Terms of Use or terms of service in effect when The Client accessed the Sites, such that each time you access the Sites, you form a new agreement with The Event Company that applies to The Client’s access to the Sites.