Shindig Lighting, LLC Services Agreement
1. Parties: This agreement is for professional services as described below between CLIENT ("Purchaser") and SHINDIG LIGHTING, LLC ("SL").
2. SHINDIG LIGHTING, LLC Responsibilities:
a. SHINDIG LIGHTING, LLC will provide lighting and/or design services as prescribed by Purchaser.
b. SL will make every possible effort to make the visions of the Purchaser happen, but cannot hold SL responsible if the conceived vision of CLIENT is different than what is produced.
c. SL will ensure each fixture is in a safe, working condition prior to the start of the event.
3. Purchaser Responsibilities:
a. Purchaser will be required to provide SL with a basic direction of their wants and objectives, which will be thoroughly discussed and conveyed by SL to client’s full understanding.
b. Purchaser will make available at their own cost, by the venue or other power source, a reliable power supply. Amount of power needed will be discussed and conveyed to CLIENT based on services contracted and will need to be made available upon SL arrival on-site for installation. Failure to provide sufficient, safe or adequate power will result in a generator charge. Any additional fees, permits, violations, fuel charges will be billed to the client within 7 days for payment.
c. Purchaser may not allow other vendors to use a generator or other power source that SHINDIG LIGHTING, LLC brought or was directed to use by CLIENT or Venue, unless approved before the event date by SHINDIG LIGHTING, LLC. If additional power is needed, all costs, fees, permits and other expenses will be billed to CLIENT either pre or within (7) seven days of contracted date.
d. Purchaser will make Venue available to SL a minimum of three (3) hours (or other agreed amount) before the Start Time, for setup of the equipment and materials. Purchaser will make Venue available to SL for at least one (1) hour after the End Time, for takedown of the equipment and materials. If additional load-in and set-up or break-down and load-out times is needed, SL will make every effort to work with venue / property owner on timing accommodations. In the event that no mutual decision can be reached, any and all fees charged for additional time will be billed to CLIENT within (7) seven days of contracted date.
e. Purchaser will take reasonable steps to protect SHINDIG LIGHTING, LLC's equipment, materials and personnel during Service, setup and takedown (weather, structural housing, etc...). Any damages incurred due to lack of reasonable protection on Purchaser's part (except in the case of gross negligence or willful malfeasance by SL) will be payable by Purchaser to the extent of repair or replacement of damaged equipment, materials, and all costs of medical treatment.
f. Purchaser is responsible for all charges imposed by Venue. These charges may include, but are not limited to, parking, use of electric power, elevators, fire marshal, and the time before and after Service used by SHINDIG LIGHTING, LLC for setting up and taking down equipment.
g. Any deliveries of equipment made to the venue for SHINDIG LIGHTING, LLC must be arranged by Purchaser for acceptance by the venue manager. Deliveries can be made up to two (2) days prior the event date and pick-up up to two (2) days after the event date, or other mutually agreed date and time.
4. Time and Payment:
a. Purchaser shall pay a non-refundable Retainer of 50% of the invoice total to secure SHINDIG LIGHTING LLC's service. Service Fee due will be reduced by the paid amount of the Retainer. ALL RETAINER MONIES PAID WILL BE FORFEITED BY CLIENT IN THE EVENT OF CANCELLATION REGARDLESS OF REQUESTED RETAINER AMOUNT. Overpayment of retainer does not entitle CLIENT to refund above requested retainer amount of 50%. The Purchaser shall pay SHINDIG LIGHTING, LLC any balance due 7 days prior the event date. The remaining amount due will be automatically sent 14, 7 and 3 days prior the due date via e-mail. Further service fees as agreed to by the parties will be provided in separate invoices and billed within (7) seven days of contract end date and time.
*CHANGES / REDUCTIONS AFTER RETAINER HAS BEEN MADE* Changes after a retainer has been made are acceptable but limited to 25% of the initial/first invoice total. For example: The contract is for $4,000. The client can deduct up to 25% of the total invoice amount ($1,000).
b. Service Fee applies only to contracted invoice date and times. Purchaser and SHINDIG LIGHTING, LLC may mutually agree to extend the Service beyond the time specified on invoice, at the rate of $550.00 per hour; $300.00 per half-hour, billed in an additional invoice. There will be a 10-minute grace period before overtime is incurred for any one-hour or one half-hour period. All provisions of this agreement shall continue to apply during any such extension of Service.
c. In the event of non-payment or incomplete payment by due date, SHINDIG LIGHTING, LLC retains the right to cancel services, attempt to collect payment through credit card or certified / bank check, or attempt collection through the court system in the State of Connecticut. SHINDIG LIGHTING, LLC bears no responsibility to provide contracted services in the event of non-payment by CLIENT by service date. All monies paid up until the service date by CLIENT will be forfeited. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by SHINDIG LIGHTING, LLC in the event of a losing case by Purchaser. Purchaser shall be charged $100 for each bounced check, in addition to a $150.00 service charge for each collection notice.
5. Termination:
a. This agreement cannot be canceled except by mutual written consent of both Purchaser and SHINDIG LIGHTING, LLC. If cancellation is initiated by the Purchaser in writing and agreed to by SHINDIG LIGHTING, LLC in writing within 30 days of event, If agreement is cancelled within 30 days of event date, Purchaser will be required to pay 100% of the Total Service Fee. If Purchaser initializes cancellation and / or termination of services, the paid retainer is forfeited in any situation and cannot be refunded for any reason.
b. This agreement shall be excused by detention of SL by sickness, accidents, riots, strikes, epidemics, acts of God, Force Majeure or any other legitimate condition beyond SL's control. If such circumstances arise, SHINDIG LIGHTING, LLC will make all reasonable efforts to find a replacement service provider of comparable service at the agreed-upon fees. Should SHINDIG LIGHTING, LLC be unable to procure such a service provider, Purchaser shall receive a full and prompt refund of all fees paid, including the Retainer. Purchaser agrees that under all circumstances, SHINDIG LIGHTING, LLC's liability shall be exclusively limited to an amount not to exceed the Service Fee, and that SHINDIG LIGHTING, LLC shall not be liable for indirect or consequential damages arising from any breach of contract or contractual end due to SL initiation.
6. Miscellaneous:
a. Purchaser may not transfer this contract to another party without the prior written consent of SHINDIG LIGHTING, LLC.
b. This agreement is not binding until the invoice has been received by SHINDIG LIGHTING, LLC. Any changes must be written and signed by both Purchaser and SHINDIG LIGHTING, LLC. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
c. SHINDIG LIGHTING, LLC may elect not to exercise some rights as specified in this agreement. By doing so, SHINDIG LIGHTING, LLC does not waive the right to exercise those rights subsequently.
d. In the event of circumstances deemed by SL to present a threat or implied threat of injury or harm to SL staff, automobiles or any equipment or materials in SL's possession, SL reserves the right to cease service. If Purchaser is able to resolve the threatening situation quickly and to SL's satisfaction, SL shall resume service in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether SL resumes service. SL reserves the right to deny anyone access to the equipment and materials provided by SHINDIG LIGHTING, LLC. If service is ceased, any and all payments made to SL are surrendered.
e. Purchaser agrees to defend, indemnify, assume liability for, and hold SHINDIG LIGHTING, LLC harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains or results directly or indirectly to Service. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay reasonable attorney's fees and court costs of the prevailing party.
1. Parties: This agreement is for professional services as described below between CLIENT ("Purchaser") and SHINDIG LIGHTING, LLC ("SL").
2. SHINDIG LIGHTING, LLC Responsibilities:
a. SHINDIG LIGHTING, LLC will provide lighting and/or design services as prescribed by Purchaser.
b. SL will make every possible effort to make the visions of the Purchaser happen, but cannot hold SL responsible if the conceived vision of CLIENT is different than what is produced.
c. SL will ensure each fixture is in a safe, working condition prior to the start of the event.
3. Purchaser Responsibilities:
a. Purchaser will be required to provide SL with a basic direction of their wants and objectives, which will be thoroughly discussed and conveyed by SL to client’s full understanding.
b. Purchaser will make available at their own cost, by the venue or other power source, a reliable power supply. Amount of power needed will be discussed and conveyed to CLIENT based on services contracted and will need to be made available upon SL arrival on-site for installation. Failure to provide sufficient, safe or adequate power will result in a generator charge. Any additional fees, permits, violations, fuel charges will be billed to the client within 7 days for payment.
c. Purchaser may not allow other vendors to use a generator or other power source that SHINDIG LIGHTING, LLC brought or was directed to use by CLIENT or Venue, unless approved before the event date by SHINDIG LIGHTING, LLC. If additional power is needed, all costs, fees, permits and other expenses will be billed to CLIENT either pre or within (7) seven days of contracted date.
d. Purchaser will make Venue available to SL a minimum of three (3) hours (or other agreed amount) before the Start Time, for setup of the equipment and materials. Purchaser will make Venue available to SL for at least one (1) hour after the End Time, for takedown of the equipment and materials. If additional load-in and set-up or break-down and load-out times is needed, SL will make every effort to work with venue / property owner on timing accommodations. In the event that no mutual decision can be reached, any and all fees charged for additional time will be billed to CLIENT within (7) seven days of contracted date.
e. Purchaser will take reasonable steps to protect SHINDIG LIGHTING, LLC's equipment, materials and personnel during Service, setup and takedown (weather, structural housing, etc...). Any damages incurred due to lack of reasonable protection on Purchaser's part (except in the case of gross negligence or willful malfeasance by SL) will be payable by Purchaser to the extent of repair or replacement of damaged equipment, materials, and all costs of medical treatment.
f. Purchaser is responsible for all charges imposed by Venue. These charges may include, but are not limited to, parking, use of electric power, elevators, fire marshal, and the time before and after Service used by SHINDIG LIGHTING, LLC for setting up and taking down equipment.
g. Any deliveries of equipment made to the venue for SHINDIG LIGHTING, LLC must be arranged by Purchaser for acceptance by the venue manager. Deliveries can be made up to two (2) days prior the event date and pick-up up to two (2) days after the event date, or other mutually agreed date and time.
4. Time and Payment:
a. Purchaser shall pay a non-refundable Retainer of 50% of the invoice total to secure SHINDIG LIGHTING LLC's service. Service Fee due will be reduced by the paid amount of the Retainer. ALL RETAINER MONIES PAID WILL BE FORFEITED BY CLIENT IN THE EVENT OF CANCELLATION REGARDLESS OF REQUESTED RETAINER AMOUNT. Overpayment of retainer does not entitle CLIENT to refund above requested retainer amount of 50%. The Purchaser shall pay SHINDIG LIGHTING, LLC any balance due 7 days prior the event date. The remaining amount due will be automatically sent 14, 7 and 3 days prior the due date via e-mail. Further service fees as agreed to by the parties will be provided in separate invoices and billed within (7) seven days of contract end date and time.
*CHANGES / REDUCTIONS AFTER RETAINER HAS BEEN MADE* Changes after a retainer has been made are acceptable but limited to 25% of the initial/first invoice total. For example: The contract is for $4,000. The client can deduct up to 25% of the total invoice amount ($1,000).
b. Service Fee applies only to contracted invoice date and times. Purchaser and SHINDIG LIGHTING, LLC may mutually agree to extend the Service beyond the time specified on invoice, at the rate of $550.00 per hour; $300.00 per half-hour, billed in an additional invoice. There will be a 10-minute grace period before overtime is incurred for any one-hour or one half-hour period. All provisions of this agreement shall continue to apply during any such extension of Service.
c. In the event of non-payment or incomplete payment by due date, SHINDIG LIGHTING, LLC retains the right to cancel services, attempt to collect payment through credit card or certified / bank check, or attempt collection through the court system in the State of Connecticut. SHINDIG LIGHTING, LLC bears no responsibility to provide contracted services in the event of non-payment by CLIENT by service date. All monies paid up until the service date by CLIENT will be forfeited. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by SHINDIG LIGHTING, LLC in the event of a losing case by Purchaser. Purchaser shall be charged $100 for each bounced check, in addition to a $150.00 service charge for each collection notice.
5. Termination:
a. This agreement cannot be canceled except by mutual written consent of both Purchaser and SHINDIG LIGHTING, LLC. If cancellation is initiated by the Purchaser in writing and agreed to by SHINDIG LIGHTING, LLC in writing within 30 days of event, If agreement is cancelled within 30 days of event date, Purchaser will be required to pay 100% of the Total Service Fee. If Purchaser initializes cancellation and / or termination of services, the paid retainer is forfeited in any situation and cannot be refunded for any reason.
b. This agreement shall be excused by detention of SL by sickness, accidents, riots, strikes, epidemics, acts of God, Force Majeure or any other legitimate condition beyond SL's control. If such circumstances arise, SHINDIG LIGHTING, LLC will make all reasonable efforts to find a replacement service provider of comparable service at the agreed-upon fees. Should SHINDIG LIGHTING, LLC be unable to procure such a service provider, Purchaser shall receive a full and prompt refund of all fees paid, including the Retainer. Purchaser agrees that under all circumstances, SHINDIG LIGHTING, LLC's liability shall be exclusively limited to an amount not to exceed the Service Fee, and that SHINDIG LIGHTING, LLC shall not be liable for indirect or consequential damages arising from any breach of contract or contractual end due to SL initiation.
6. Miscellaneous:
a. Purchaser may not transfer this contract to another party without the prior written consent of SHINDIG LIGHTING, LLC.
b. This agreement is not binding until the invoice has been received by SHINDIG LIGHTING, LLC. Any changes must be written and signed by both Purchaser and SHINDIG LIGHTING, LLC. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
c. SHINDIG LIGHTING, LLC may elect not to exercise some rights as specified in this agreement. By doing so, SHINDIG LIGHTING, LLC does not waive the right to exercise those rights subsequently.
d. In the event of circumstances deemed by SL to present a threat or implied threat of injury or harm to SL staff, automobiles or any equipment or materials in SL's possession, SL reserves the right to cease service. If Purchaser is able to resolve the threatening situation quickly and to SL's satisfaction, SL shall resume service in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether SL resumes service. SL reserves the right to deny anyone access to the equipment and materials provided by SHINDIG LIGHTING, LLC. If service is ceased, any and all payments made to SL are surrendered.
e. Purchaser agrees to defend, indemnify, assume liability for, and hold SHINDIG LIGHTING, LLC harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains or results directly or indirectly to Service. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay reasonable attorney's fees and court costs of the prevailing party.