PAYMENT TERMS: 50% deposit due at time of contract ratification and remaining balance due 7 full days before event. Payment may be made by check or credit card. Once you pay your deposit your event date is scheduled, and Southern Nightscape begins work under this contract. Once work on the contract begins Southern Nightscape will not issue any refunds for special-order equipment and products.
CONFIRMATION: This event can be confirmed by returning a signed contract for Southern Nightscape to ratify along with the deposit. Electronic & facsimile signatures will be accepted as original signatures and part of the whole agreement.
CHANGES & ADDITIONS: Change orders will be addressed via a separate document and must be signed and agreed to by both parties.
CANCELLATION AND SERVICE CHARGES: A cancellation charge of 25% of the contract total will apply when a confirmed event is cancelled with less than a 30 day notice; less than 7 day notice a 50% cancellation charge will apply.
EXPIRATION: The contract and prices quoted are valid for thirty (30) days from the date of issue. If not ratified by this time, the contract will be considered expired. After expiration, this proposal must be requoted; however, prices and equipment availability may have changed, and if so a new contract will be issued, and this one will be declared void.
CONDITIONS BEYOND OUR CONTROL: On-site changes the client or their agents make which fall outside the scope of work, causing Southern Nightscape to use more materials or work longer than the hours indicated under the scope of work will result in additional charges. Southern Nightscape will endeavor to discuss these additional charges with the client at the time the change is requested.
LABOR PROVISIONS: Labor rates are based on the production schedule and are considered estimated. Labor may be additionally billed as the result of a revised production schedule, on-site changes, safety concerns and weather, etc. Additional crew/operators not covered in this proposal are $55.00 per hour per person at 4-hour Increments and will be billed in a contract addendum and must be paid in full within 15 days (about 2 weeks) to avoid late charges as stated below.
USE OF MEDIA: Southern Nightscape employees or agents may take photographs or videos of the event set-up, take-down, and during the event, if in attendance. Southern Nightscape may use such media for any purpose including promotional or marketing purposes unless Client informs Southern Nightscape in writing that photography is prohibited at the event.
LIABILITY: Renter assumes full responsibility for all rental items and agrees to pay for full replacement cost of damaged, lost, or stolen items. If the event is being held outdoors, the client assumes full responsibility for wind and weather damage.
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 the State of Alabama law. All past due balances shall be subject to an interest charge of 2% per month (24% APR); all discounts will be forfeited on accounts not paid according to the contract terms. A $35 charge will be applied to all returned checks. The client agrees to pay all costs incurred by Southern Nightscape in collecting the amounts due to Southern Nightscape.
REPOSSESSION: If you default in any of the terms, covenants and conditions herein, or in punctually making any rental, sale or other payment, or if any execution or other writ or process shall be sued in any action or proceeding against you, whereby the said equipment may be seized or taken or detained, or if any proceeding in bankruptcy, receivership or Insolvency shall be instituted by or against You or Your property, or if You shall enter into any agreement or composition with Your creditors, or in the event that any judgment is obtained against You, then in any such event, Southern Nightscape shall have the right to terminate this agreement and to take immediate possession of said equipment and, for such purpose, Southern Nightscape, or its agents or employees, may enter any premises where said equipment may be, and may remove the same therefrom, with or without force and with or without notice of intention to retake the same, without being liable in any suit, action or other proceeding by you.
MAINTAINING SAFE CONDITIONS: Client agrees that Southern Nightscape, its employees, agents and contractors retain the exclusive right and sole discretion, in cases of hazards, inclement weather, or unsafe environments or similar situations, to halt show or terminate Southern Nightscape’s obligations in this Contract without liability for damages to Client. Southern Nightscape will fully cooperate with all fire & law enforcement officials at all times to maintain safe conditions. In cases of such actions taken by Southern Nightscape, Client agrees to indemnify and hold harmless Southern Nightscape for the action. No refunds are issued in such situations; a safe event is our main concern.
VENUE ACCESS: Southern Nightscape will be granted access to the venue at the agreed upon dates and times in order to set up and take down rental equipment. Alternative dates and times may be necessary to complete the contract terms and should be considered when access is granted.