Payment Terms

All orders are to be prepay unless credit terms have been established. First-time customers are required to prepay the first order. A minimum deposit of 50% of the estimated total is due within three (3) business days from receipt of deposit invoice, with the balance due per terms as shown on the contract. Work will not begin until the deposit is received. Deposits not paid on time will forfeit quoted discounts, and gear costs may change. On-site additions and client change orders will be billed the day after load-out with terms of Net 15. Customer is responsible for all sales taxes.

Pricing

Pricing does not include shipping, handling, storage, taxes, or installation unless otherwise noted. All prices are subject to change prior to confirmation of the order by signed contract or purchase order.

Labor

Labor rates are quoted per 10-hour day, from arrival time to departure time, with overtime (1.5X) after 10 hours of work and double-time (2X) after 14 hours of work or any continuous work after midnight, per 24-hour day. Work is considered continuous until there is an 8-hour break between working shifts. Unless specifically stated, there is a 10-hour minimum billable day. Travel days are billed as full 10-hour days.

Equipment

Visional Productions LLC maintains its equipment according to the manufacturer’s specifications. Any equipment issues must be reported immediately. Visional Productions LLC will not be responsible for problems reported after the project. Visional Productions LLC does not guarantee or assume any responsibility for the equipment other than it being in working order when delivered. Visional Productions LLC will not attach hardware to rigging provided by others.

Cancellations

A cancellation fee of 50% of total project is applicable for a cancellation 31 or more days from ship date. A cancellation fee of 75% of total project is applicable for a cancellation 15-30 days from ship date. A cancellation fee of 100% of total project is applicable for a cancellation 1-14 days from ship date.

Liability for Loss or Damage of Equipment

Any loss or damage of Visional Productions LLC equipment or equipment that Visional Productions LLC has rented from another provider will be paid for by the customer. The customer further agrees to pay for any charges incurred in recovering equipment not properly returned. A certificate of insurance must be provided to Visional Productions LLC when renting equipment for orders not utilizing Visional Productions LLC employees to handle all of the related labor. Insurance provided must be adequate to cover the replacement of all items rented (minimum $1M/$1M/$2M). In the event of a loss, the value of the rented equipment will be the current manufacturers list price at the time of loss plus shipping and taxes. Additional rental fees will be charged to cover loss of rental during the downtime.

Indemnification

As part of this Agreement, Customer hereby confirms to indemnify and hold Visional Productions LLC harmless for any financial liability or defaults sustained due to acts of God, government trade restrictions, war, insurrections, and/or any other occurrence over which Visional Productions LLC has no control. Customer shall indemnify, defend, and hold harmless Visional Productions LLC, its officers, directors, employees, and agents from any and all claims, actions, causes of action, demands, or liabilities of any kind and nature. This includes judgment, interest, attorneys’ fees, and all other costs, fees, expenses, and charges that the facility, its officers, directors, employees, and agents may incur arising out of the gross negligence or willful or wanton misconduct of Customer, its officers, directors, employees, or agents

Arbitration

Any dispute under this agreement will be settled by binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association. A single arbitrator will conduct the arbitration in Atlanta, Georgia. The parties agree that the arbitrator shall award to the prevailing party the right to receive from the other party, in addition to any other sums that the prevailing party may be entitled to receive, its actual attorneys’ fees and litigation costs incurred. If the claimant is awarded any damages, the claimant is deemed to be the prevailing party. If the claimant is awarded no damages, the respondent is deemed to be the prevailing party.

Marketing Fair Use

Unless contractually agreed upon, Visional Productions LLC reserves the right to acquire images from project sites and use them for marketing and research purposes, including print and digital media. Use of images or likenesses of Visional equipment, design content, or personnel requires prior authorization and proper attribution.

Liquidated Damages and force Majeure

In the event that the Event is canceled by Show Management or does not occur FOR ANY REASON OR CONDITION WHATSOEVER OVER WHICH VISIONAL PRODUCTIONS LLC HAS NO CONTROL, including but not limited to, Force Majeure, poor estimated Event profitability, poor past Event profitability, insufficient performance of the Event or by anyone other than Visional Productions LLC, insufficient funding, or insufficient exhibitor or attendee demand, or in the event that the date or venue location of the Event is changed by Management which causes Visional Productions LLC to be unable to perform, or in the event that the name of the Event changes and Management contracts with an alternative provider other than Visional Productions LLC to produce the newly named event, or in the event that the Event is sold and Management does not assign this Agreement to the Event purchaser, Visional Productions LLC and Management acknowledge that Visional Productions LLC will incur damages as a result and that said damages are difficult to predict. Therefore, should any of the occurrences set forth in this paragraph happen, Visional Productions LLC and Management agree that Management shall be liable to Visional Productions LLC for liquidated damages consisting of (1) all costs incurred by Visional Productions LLC for work performed on the Event, including costs incurred by Visional Productions LLC after cancellation to unwind or break down the Event – these costs include but are not limited to labor and materials provided or contracted for; (2) all costs incurred related to contracts that Visional Productions LLC has entered into with others related to the performance of the Event; This provision is intended to provide for liquidated damages and is not intended as a penalty. Management acknowledges that this Liquidated Damages And Waiver Of Force Majeure provision is an integral part of this Agreement and has been mutually and specifically agreed to by Visional Productions LLC and Management. Management further acknowledges and recognizes that this Liquidated Damages And Waiver Of Force Majeure provision means that Management’s contractual obligations, including its payment obligations to Visional Productions LLC hereunder, shall remain in full force and effect regardless of any Force Majeure, act of God, act of war, government-forced shutdown, pandemic, or any other similar or dissimilar occurrence. In that regard, Management acknowledges that it bears the risk of cancellation of the Event due to any Force Majeure, act of God, act of war, government-forced shutdown, pandemic, or any other similar or dissimilar occurrence. Management represents and warrants that it has planned for and accepted this risk.

Additional Terms:

This contract shall be governed and interpreted in accordance with the laws of the state of Georgia. This contract can only be modified by written agreement signed between the parties.

All equipment provided by Visional Productions LLC unless listed as a sale item within the proposal, is provided on a rental basis only and is the property of Visional Productions LLC.

Customer is responsible for any and all copyright licensing fees associated with playing any media during the rental period. This includes broadcast via satellite, cable, or internet transmission.

Client to provide, is responsible for the following:

  • Pick up and return of all equipment, unless specifically noted/specified on estimate.
  • Any/all power necessary, unless specifically noted/specified on estimate.
  • Any/All IT & power drops unless specifically noted/specified on estimate.
  • Venue mandated labor charges/fees (i.e. elevator operator, ballroom or other room supervisors, house light operator, etc), unless specifically noted/specified on estimate.

 

As of 6.22