This legally binding agreement is entered into by and between XAV Entertainment (“Provider”) and the undersigned client for the provision of audio and video equipment services at the Client’s event. By engaging the Services of the Provider, the Client hereby agrees to the following terms and conditions:
1. Payment:
The Client shall remit full payment for the Services prior to the commencement of the Event, unless a prior written agreement has been executed and secured with a valid credit card (CC) or active Purchase Order (PO). By providing a CC or PO, the Client authorizes the Provider to charge the CC on file for any loss, theft, or damages incurred during the Event, and the Client shall be invoiced for any necessary repairs or replacement of equipment.
2. Liability:
The Client assumes full responsibility and liability for any loss, theft, or damage to the Provider’s equipment for the duration of the Event. In the event of any damage to the equipment during the Event, the Client agrees to indemnify the Provider for all costs associated with repairs or replacement.
a. General Limitation:
The Client acknowledges and agrees that the Provider, including its directors, officers, employees, agents, and subcontractors, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Provider’s services or equipment; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
b. Injury Liability:
The Provider shall not be responsible for any injuries, damages, or losses caused directly or indirectly by any equipment or services provided for the Event or by the actions of the Provider’s staff members. The Client agrees to release, indemnify, and hold harmless the Provider from any claims, damages, injuries, liabilities, and expenses relating to or arising out of any injuries or damages.
c. Client’s Responsibility:
It is the Client’s responsibility to ensure that the event venue is safe and appropriate for the use of the Provider’s equipment and services. The Client shall inform the Provider of any known hazards, special requirements, or considerations that should be taken into account in the setup and operation of equipment and services.
d. Acknowledgment of Risk:
By engaging the services of the Provider, the Client acknowledges that there are risks associated with the use of audio and video equipment and participation in events where such equipment is used. The Client hereby assumes all risks of damages or injuries that may occur in connection with the use of the Provider’s equipment or services.
3. Cancellation:
In the event of unforeseen circumstances, including but not limited to inclement weather, other force majeure events, or the determination that the location has become dangerous or not safe for participants (such as due to civil unrest, environmental hazards, or significant security threats), the Provider reserves the right to cancel the Event. If the Client elects to cancel the Event less than 7 days prior to the scheduled date, the Client shall be subject to cancellation charges.
4. Misrepresentation and Cancellation Rights:
If at any time it is discovered that the Client has provided false information regarding the intended use, location of use, or the identities of the users of the rented equipment, the Provider reserves the right to immediately terminate the rental agreement and cancel the Event. In such instances, the Client will be subject to a cancellation fee amounting to 100% of the total rental cost, or another percentage as determined appropriate by the Provider, to compensate for the misrepresentation and any potential loss incurred. This penalty is in addition to any other remedies or damages available to the Provider under the law or as outlined in this Agreement.
5. Payment Methods:
The Provider accepts cash, credit card, square, and Zelle payments.
6. Pricing Validity:
The pricing set forth in this Agreement is specifically tailored to the particulars of the current event as described herein. The Client acknowledges and agrees that any subsequent engagement of the Provider’s services, even if for a similar event, may be subject to new pricing. The Provider reserves the right to adjust its prices annually or as market conditions change. Therefore, any future events requiring similar services from the Provider will necessitate a separate agreement with potentially revised terms and prices.
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof. Any modification or amendment to this Agreement must be in writing and signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Event takes place.
By engaging the Services of XAV Entertainment LLC, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement.