DCLA TERMS AND CONDITIONS
1) QUOTATIONS: Quotations or estimates do not bind DCLA and are only given as a convenience to the client. A "range" may be given for total estimated costs. This cost may vary depending upon final services performed. Quotations are valid for thirty (30) days unless stated otherwise in writing.
2) PRICES: Prices charged for all services and goods shall be the prices in force at the date such services/rentals/sales are performed or delivered. All prices are subject to change without notice and may not include at the time of a proposal/estimate any of the following additional items: labor, overtime charges, taxes, insurance, transportation, delivery, rush orders and/or items added by the client after a proposal/estimate has been provided or contractual agreement signed.
3) DESIGNS AND FEES: DCLA reserves the right to charge for conceptual and final design(s) in all fields of services provided by DCLA. The intellectual property rights of said design(s) belong to DCLA. Client agrees said fee(s) are payable at the discretion of DCLA whether the contract is awarded to DCLA or not.
4) NON-UTILIZATION: Not utilizing all components of an audio, video, lighting or computer system/package does not reduce the price in force.
5) SPECIAL ORDERS: All special order merchandise, media, software, products, materials and sub-contracted services required to meet our contractual obligation to the client may be payable in full at the time of the order.
6) DISCOUNTS: Non-compliance of payment terms, downsizing proposed/quoted services and packages and/or changing any or all components of a quotation/proposal/contract by the client may result in a reduction and/or loss of any offered discounts.
7) CONFIRMATIONS: When a client returns our work order/estimate/contract with authorized signatures, account numbers and/or P.O. number; a date, service or rental is reserved. DCLA will honor reservations on a first-come basis. If a verbal confirmation/reservation of service and/or rental between DCLA and selected clients (who possess sufficient credit history) only exists; the agreement is still subject to all conditions as set forth herein including and not limited to the “Deposits” and “Cancellations” clauses.
DCLA reserves the right to substitute equipment, technicians and engineers for
any event due to conflicts in our scheduling. All substitutions will meet the
minimum specifications of the equipment quoted and labor experienced required to
meet our contractual obligation.
A) A security deposit equal to a minimum of one-half (50%) of the total estimated and/or contracted price may be required to reserve a specific date, service, labor or equipment. A deposit may also be required even if a credit history has been established. The deposit must be remitted with a work order/estimate/contract signed by an authorized representative.
B) A deposit may only be refunded in full upon DCLA receiving a written request by the client for cancellation of all contracted services within three (3) business days of DCLA receiving the client’s deposit with a signed work order/estimate/contract.
C) A deposit may be partially or fully refunded after three (3) business days at the sole discretion of DCLA. A partial refund is contingent upon and not limited to whether DCLA has created designs; contracted, reserved or committed personnel, equipment, vendors, sub-contractors, facilities; committed time, research, provided consultation, coordination and/or production services for said contracted event/performance in any aspect or capacity.
A) Cancellation by the client (at any time after DCLA accepts a signed agreement without a deposit based on credit history and/or good faith) of an event/sale/service/rental and/or performance; of any component/sale/service/rental for a contracted event and/or performance; once DCLA has created designs; contracted, reserved or committed personnel, equipment, vendors, sub-contractors, facilities; committed time, research, provided consultation, coordination and/or production services for said event in any aspect or capacity; will result in a payment by the client to DCLA for all contracted elements and services performed to date that equals a minimum of one-half (50%) of the contracted fees. The final amount owed by the client to DCLA remains the sole discretion of DCLA.
B) Cancellation by the client within thirty (30) days of a specific commencement date for an event, sale, service, rental and/or performance; or any component/sale/service/rental for a contracted event and/or performance, once DCLA has created designs; contracted, reserved or committed personnel, equipment, vendors, sub-contractors, facilities; committed time, research, provided consultation, coordination and/or production services for said event in any aspect or capacity; will result in complete payment by the client to DCLA for all contracted elements as if all contractual components had occurred on and/or by the scheduled commencement date.
C) DCLA reserves the right, at its sole discretion, to cancel an agreement with a client, if said client has altered or requested to alter the initial agreement between the two parties by contacting DCLA verbally, electronically or in writing. Furthermore, if DCLA does not agree with any or all of the changes as set forth by the client and/or perceives that the client’s new alterations to the initial agreement would be injurious to DCLA in any capacity, including but not limited to financial injuries, the client agrees that DCLA does not need to discuss, negotiate or arbitrate a new mutually acceptable and/or altered agreement. The client further accepts that if any and all proposed alterations to the initial agreement, that it requests, exceeds the three (3) business days for a refundable deposit; it is at the sole discretion of DCLA to refund said deposit.
11) OVERTIME: Overtime charges (if not included in work order/estimates) incurred will be added to the final invoice or may be payable on demand.
A) All original master acquisition media, software, computer files, materials, products created by DCLA and/or stored on such media shall remain the property of and owned by DCLA in perpetuity. DCLA may, at its discretion, provide a negotiated transfer of ownership and/or license any or all of these stated items utilized in the performance of the contractual agreement with the client. Said transfer of ownership or license only applies to elements DCLA directly creates, owns and/or controls. DCLA makes no claim, guarantee or warranty that it has the right to transfer or assign ownership of intellectual property, copyrights and/or trademarks of other individuals, companies, organizations or estates that may have been utilized, with the knowledge of the client, in the performance of the contractual agreement.
B) Final edited products (“works for hire”) delivered to the client derived from originally created items by DCLA become the property of the client. The client is responsible for obtaining all waivers, licenses, permits, signatory agreements, permissions and clearances when necessary and where lawfully required with applicable unions, performance rights societies, recording companies, performers, authors, artists, corporations, organizations, associations and governments with respect to elements and/or materials that are not originally owned, controlled or created by DCLA.
C) All media (whether pro-rated, discounted or unused) and its content remains the property of DCLA unless the client pays DCLA a negotiated value of all media required to produce its event(s) and/or project(s) including related costs for research, programming, recording, editing and storage of acquisition master recordings. Client payment only releases the media and does not signify a transfer of ownership or license of original content creation by DCLA to the client nor ownership of materials and elements owned by others.
D) Client agrees DCLA has the right to maintain a copy of all original work(s) created by DCLA for the client. Client agrees DCLA may utilize said work for promotional purposes /demonstrations.
A) Rented equipment must not be subjected to misuse, abuse, waste, or allowed to deteriorate. Said equipment shall not be modified, altered, or operated in an abnormal manner.
B) Said equipment may be inspected by representatives of DCLA at any time and removed from any premises.
C) The renter shall, at his expense, cover by insurance the value of equipment rented for all loss, damage, and repair. A certificate of insurance is required for a sum not less than the total aggregate equipment value in accordance with the actual retail value of said equipment.
D) The renter hereby assumes the entire risk of loss, damage or destruction of equipment from any and every cause whatsoever commencing with delivery of said equipment. The renter shall (except to the extent proceeds of insurance provided by the renter cover such loss) at the option of DCLA: (1) fully repair or pay for repairs of said item(s), (2) pay DCLA all unpaid rental and/or the full retail value (defined as the manufacturer's list price for said equipment when originally purchased new or; its current retail price or; the current retail price of equivalent equipment; whichever is greater) of equipment, in cash, (3) replace such item(s) with a like item(s) acceptable to DCLA, or such combination of the above as DCLA at its option may elect.
E) Rental rates paid do no apply to purchase of any equipment listed herein.
F) The renter will not assign, transfer or sublet its right under lease conditions; nor will not pledge, mortgage or encumber the leased equipment. The renter will not permit said equipment to be subject to any lien, charge or encumbrance.
G) The acceptance of returned rental equipment is not a waiver by DCLA of any claims that it may have against the renter, nor a waiver of claims for latent or patent damage to the said equipment.
H) All rentals are based on a daily rate. Weekly is four (4) times the daily rate.
DCLA shall not be liable for any loss or damage of any kind, whether caused by
negligence or otherwise resulting from:
A) any delay, detention, late-delivery, non-delivery, non-performance, defect or deficiency in rented equipment, electronic files, computer software, all recordable media, all playback media or other materials supplied, handled, stored, repaired, transported, received or processed or
B) the services of technicians, drivers, engineers, or any other personnel or service provided by DCLA.
15) LICENSES: The client is responsible for all licenses, waivers, permits, signatory agreements, permissions and/or clearances where applicable unions, performance rights societies, recording companies, performers, authors, artists, corporations, organizations, associations and governments are concerned with respect to any service or event production service provided by DCLA which includes live performances or audio/visual elements, including but not limited to multimedia.
16) PAYMENT TERMS: Billing is net ten (10) days unless otherwise specified. DCLA reserves the right to change these and all other terms. Some or all charges may be payable in full in advance of services or on demand even if prior credit has been established.
17) RETURNED CHECK: A returned check will be subjected to a $50.00 additional fee. No personal checks will be accepted.
18) DELINQUENT ACCOUNTS: An additional charge of 2.5% per month will be added to an account balance not paid within thirty (30) days of event, rental or service.
In any action to enforce the provisions of this agreement, DCLA shall be
entitled to recover costs and attorneys' fees. Failure to enforce any of the
provisions shall not be deemed as a waiver of right to enforce any other
provision. This agreement and all questions arising hereunder shall be governed
by and construed in accordance with, the laws and decisions of the State of
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transmitted in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording or otherwise, without the prior
written consent of DCLA.
Copyright © 2009 dcla productions. All rights reserved.