GENERAL TERMS OF Agreement
1. PAYMENT TERMS:
A Deposit due at time of contract ratification and remaining balance due at the end of the event. Payment may be made by check or credit card. A 3% service charge will be applied to all event contracts paid with credit card. Payments accepted as tax exempt must be from funds that match the name of the party who is exempt. Please make checks payable to Marigold Productions and mail to Marigold Productions , 7109 Windsor Castle Way , Henrico, Va. 23231. Once you pay your deposit and MARIGOLD PRODUCTIONS begins work under this contract, MARIGOLD PRODUCTIONS will not issue any refunds for sales items.
2. DESCRIPTION OF WORK:
Client wishes to contract with Marigold Productions for Audio and Sound Production services. Audio and Sound Production service includes: Set up of lighting system Set-up of Public Address System, also known as PA or sound system. Set up of stage or stage area for musicians and monitors. Marigold Productions does not carry staging.
Marigold Productions will determine what equipment is needed in order to provide services for the contracted event. Marigold Productions recommends at least 3 or more hours of set-up time for any event to ensure proper configuration and testing of all equipment.
Client understands that Marigold Productions is not an equipment rental company. Marigold Productions is an audio production company and as such retains full control over all equipment at all times. Marigold Productions equipment is not to be operated by Client or event attendees, with the possible exception of instruments and microphones for speech and singing and performer and performing musician usage.
The contract and prices quoted are valid until the end of business hours (8:00 P.M.) One weekafter the contract is issued. If not ratified by this time, the contract will be considered Expired.
3. SERVICES DO NOT INCLUDE:
Recording services to multi-track, CD or DVD, Recording services are an additional charge to be discussed on a case-by-case basis based on what is needed. Playback of CD’s for dancing music. Client is contracting for production services, not music playback services. Marigold Productions will not be providing CD’s for dancing music. Client understands that the deposit is non-refundable. Should Marigold Productions cancel the event for any reason, the deposit will be refunded. All cancellations must be done in writing.
Client must give a minimum of 48 hours notice of cancellation of the contracted event. If Client gives cancellation of event less than 48 hours before start of event, Client is responsible for the amount of the outstanding balance as well as forfeits Client’s deposit. All cancellations must be done in writing.
All changes, modifications and additions to this agreement must be done in writing and signed by both parties.
CDR, CD-RW, DVD-R, DVD-RW, DVD-RAM and other disc-based recordable media
Due to legal reasons as well as equipment protection concerns, Marigold Productions will not play CDR's, CDRW's, or recordable DVD's provided to Marigold Productions at events. Please do not ask as there are no exceptions to this rule. Marigold Productions cannot determine the legality or quality of the material on CDR's, CDRW's or recordable DVD's, therefore we will not risk damaging the equipment of Marigold Productions. Poorly created discs, especially those made from downloaded .MP3 files, low resolution .WAV files and .WMA files, can damage Marigold Productions’s equipment due to the degraded quality of the MP3, WMA and non-16-bit .WAV algorithms as well as possible transients and extreme peaks created by the conversion processes. Marigold Productions cannot take the time to make determinations at the event. Marigold Productions apologizes for the inconvenience. Marigold Productions will allow and play any commercially produced CD's and DVD's. If Client needs to have a burned disc played at an event, prior arrangements will need to be made in advance of the event and must be created by Marigold Productions, PassKey Media or In-Code Music, at rates stated by the company hired to produce said burned CD’s and DVD’s. These companies adhere to Marigold Productions’s strict standards, which ensure the highest quality as well as protecting artists' performance and royalty rights. Again, no excuses or explanations will be accepted, Marigold Productions stands firm on this policy.
This event can be confirmed by returning a signed contract for MARIGOLD PRODUCTIONS to ratify along with the deposit. Electronic & facsimile signatures will be accepted as original signatures and part of the whole agreement.
5. CHANGES & ADDITIONS:
Change orders will be addressed via a separate document and must be signed and agreed to by both parties. MARIGOLD PRODUCTIONS representatives reserve the right to make changes of how a specific task is accomplished without actually changing the scope of work. It is up to MARIGOLD PRODUCTIONS and its representatives to decide the proper installation method and what equipment will be used to complete the scope of work according to that design. If MARIGOLD PRODUCTIONS 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. MARIGOLD PRODUCTIONS reserves the right to make changes to any equipment list being used or MARIGOLD PRODUCTIONS reserves the right to use equipment not listed in the quotation. MARIGOLD PRODUCTIONS also reserves the right to make changes to the specific items used to complete the job. Please note that some equipment listed on the website list will not be used but are listed as inventory tracking in the event the item(s) are needed. 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 including equipment rental fees may apply. Larger events may be subject to additional cancellation charges at the discretion of MARIGOLD PRODUCTIONS. Event services confirmed less than 48 hours prior to the event date will be subject to a 20% service charge.
7. CONDITIONS BEYOND OUR CONTROL:
On-site changes the client or their agents make which fall outside the scope of the work, causing MARIGOLD PRODUCTIONS to work longer than the hours indicated under the scope of work will result in additional labor charges. MARIGOLD PRODUCTIONS will endeavor to discuss these additional charges with the on-site client representative named above at the time the change is requested.
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 MARIGOLD PRODUCTIONS's 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 MARIGOLD PRODUCTIONS 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 MARIGOLD PRODUCTIONS may work in conjunction with, hold liability insurance coverage issued by an existing insurance company.
9. 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 Commonwealth of Virginia and Richmond Virginia law. The client agrees to pay all costs incurred by MARIGOLD PRODUCTIONS in collecting the amounts due to MARIGOLD PRODUCTIONS. 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, MARIGOLD PRODUCTIONS may refuse to make further delivery and may terminate this contract without prejudice to the rights of MARIGOLD PRODUCTIONS. If the Client's financial condition becomes unsatisfactory to MARIGOLD PRODUCTIONS, 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.
10. MAINTAINING SAFE CONDITIONS:
Client agrees that MARIGOLD PRODUCTIONS and its representatives retain the exclusive right and sole discretion, in cases of hazards, inclement weather, or unsafe environments or similar situations, to halt show or terminate MARIGOLD PRODUCTIONS's obligations in this Contract without liability for damages or lost revenue to Client, venue, artists, or any related event contractors or agents. MARIGOLD PRODUCTIONS will fully cooperate with all fire & law enforcement officials at all times to maintain safe conditions. In cases of such actions taken by MARIGOLD PRODUCTIONS, Client agrees to indemnify and hold harmless MARIGOLD PRODUCTIONS for the action. No refunds are issued in such situations; a safe event is our main concern.