Rental and Production Contract – 01/27/2021
CT Speaker Rental and Uplights, LLC hereinafter referred to as “Lessor” hereby rents to the “Lessee” identified on the proposal as the “Customer” or “Client” the equipment described on the front hereof together with all the replacements, duplicate parts, repairs, additions, devices and accessories incorporated therein and/or affixed thereto (herein called equipment) pursuant to the terms and conditions of this contract. All terms and conditions set forth in this agreement are binding unless otherwise noted.
This agreement supersedes and terminates any and all prior agreements and contracts, written or oral at the date this document is signed.
Rented equipment and/or execution of this document are not assignable to any other person or party.
- LATE RETURNS: All rentals are due back by the time and date posted on the final invoice. Any equipment not returned by the customer by the time and date on the final invoice will be charged the additional time plus 20%. Lessor reserves
the right to charge the Customer in addition to the late fee if deemed necessary based upon the situation.
- RENTAL RATES exclude holidays, or any day CT Speaker Rental and Uplights, LLC, Inc is closed, from billing. All equipment is subject to charges while not in the possession of Lessor or assigned agents until it has been returned. Overdue and/or outstanding fees are due to be paid at the time of return. Customer will be billed the amount due + 20% for each week the amount is not paid.
- LEGAL FEES, court costs, collection fees or any other charges are added to the invoice on all past due accounts. Late fees are assessed at 20% per week plus a $500.00 process fee on any past due balances requiring legal, court, collection or similar actions. Any account that is delinquent for any reason and collection is not made or client cannot be reached for any reason shall: without notification, automatically be treated as stolen property and will be dealt with according to the laws of the State of Connecticut.
- DAMAGED EQUIPMENT: Damage and/or loss of equipment is the responsibility of the account holder on the final Invoice. Lessor must be notified immediately of any loss or damage to rented equipment. Lessor is not responsible for verification of party utilizing, delivering or operating rental equipment. Full legal responsibility is assumed by the individual signing this agreement effective immediately, and will not be canceled by termination of agreement by Lessor. Insurance claims for missing equipment must be filed by the individual at the replacement cost. No allowance can be made for deductibles, or any pro-rated valuation. Individual signing this agreement is completely responsible for insuring all equipment rented and agrees to pay the assessed rental rates until equipment is returned or replaced. Any damaged or lost equipment will be billed within (5) business days if not returned or repaired for the full replacement cost of the equipment.
- EQUIPMENT FUNCTION: Lessor is not responsible for the set-up or operation of any equipment and will not be held responsible for improper use or abuse of equipment or any liability resulting thereof. All electrical connections, tie-ins, or associated distribution is to be performed by a licensed and certified electrician. Customer agrees that all connections, programming, mixing and other required skills are to be known and performed by the Customer without technical assistance from the Lessor.
- DEPOSITS & PAYMENT: At the time of signing the agreement, the Customer shall submit a non-refundable deposit payment equal to or more than 50% of the total amount or the full amount indicated on the production Invoice. No equipment, labor or services will be reserved until the deposit or full payment is made. Payment in full is due no later than 5 business days prior to the event or Lessor reserves the right to cancel the order at the Lessor’s discretion. If for any reason, payment is not made prior to the start of the event, the lesser of a 5% fee or the maximum amount under applicable law will be assessed per month. If any changes to the date, equipment, labor, overtime or services that change the invoice price must be paid in full at the time of the agreed upon change.
- Repair costs for equipment due to normal wear and tear will be the responsibility of the Lessor. The definition and extent of these costs rests solely with the Lessor. Customer shall be responsible for all costs to repair and/or cost of replacement of any equipment deemed damaged equipment due to negligence on the part of the Lessee as described in Section D.
- OWNERSHIP: Lessor is the sole owner of equipment and has full power to deliver possession or assign property to party signing this agreement. Title to the equipment is and at all times shall remain in Lessor’s name. The Customer agrees to execute any and all documents which the Lessor deems necessary to protect Lessor’s ownership and title to equipment. The Customer renting equipment shall not acquire any legal or equitable property rights or interest in the equipment. The equipment shall not be altered or modified nor will any plates, tags, bar-codes or any other markings be removed which may evidence Lessor’s title. The equipment will not become or remain a fixture to any real estate or any addition to any persons’ holdings. The Customer shall not cede, lease or otherwise transfer the equipment to any third party nor allow any lien, charge, mortgage, encumbrances or security interest to arise with respect to or be placed upon the equipment.
- If required by Lessor, the Customer agrees to permit Lessor or its representatives(s) or local police authority access to equipment, and to the property where the equipment is located during any time. If any terms of this agreement as not met, Lessor is authorized to enter upon the premises where the equipment is located and take possession of the equipment. The Customer waives all claims for restoration of the condition of the property, which may be occasioned by the removal of equipment: provided, however, that the Lessor removes the equipment in a reasonable fashion. The Customer waives any claim of action for the trespass or damages caused by the Lessor’s entrance and removal of the equipment.
- SAFETY: Customer shall not, at any time, take any action which, in the sole opinion of the Lessor, would endanger or tend to compromise the safety of employees, contractors, the public, or the equipment. No equipment or property other than that specified in the applicable Rental Invoice may be attached to or suspended from the Equipment without the prior written approval of Lessor. Customer agrees at its sole expense to comply with all federal, state, and local laws and regulations, and specifically, to comply with all applicable ESTA and ANSI standards. The Customer assumes all responsibility for the safe operation and execution of all rented equipment and surrounding items and structures.
- RETURN OF EQUIPMENT: Any cables not returned wrapped and tied off or not in original condition received will be charged $1.00 per cable and $5.00 per snake or heavy grade cable. All equipment must be returned in the same condition as it was given.
- VEHICLE PICKUP: Customer will not be allowed to pick up equipment in open-air vehicles. All equipment must safely fit into the inside compartment of a covered truck, van, enclosed trailer or car. Customer is responsible to ensure no items are to stick outside of the vehicle at any time. If equipment is returned uncovered or in an open-air vehicle, a $50.00 service charge will apply.
- POWER REQUIREMENTS: Customers shall provide at its sole expense at each Location/Event Site(s) sufficient electrical current to operate all of the Equipment in accordance with manufacturer’s specifications and recommendations and all applicable law.
- FORCE MAJURE: In the event Lessor cannot furnish any Equipment or Services, or otherwise perform any of its obligations under a Production Invoice for reasons outside Lessor control, such as, by way of example only, breakdown, weather, strikes, labor disputes, accidents, acts of God, terrorism, war or any orders, laws, or otherwise issued directives or orders by any government agency, Lessor shall be released from the performance of any such obligations. The total price paid or payable by Customer may be reduced by any such non-performance subject to the Lessor’s decision, and Lessor shall not be liable for any damages, whether direct or indirect, as a result thereof
- CANCELLATION PENALTIES: Cancellation penalties will apply for all bookings cancelled with less than 72 hours notice and charged as follows:
No Refund of deposit or additional amounts paid.
72 hours notice or fewer 5 hours per person
48 hours notice or fewer 8 hours per person
24 hours notice or fewer 10 hours per person
Crew requests made within 48 hours of call time are considered confirmed and booked, subject to crew availability.
Client agrees to not to solicit any employee or agent of Lessors to render any services independent of Lessors for a period of 12 months following any event for which such employee or agent renders services for Customer on behalf of Lessor
- VENUE IMPLICATIONS: In the event that the venue or location of the event prevents Lessor from using, setting up or running Lessors’ equipment, Lessor will not be liable for any additional expenses incurred from the venue/location for cross-rental, labor or technical support. In the event that equipment needs to be “flown” and rigging labor and point charges are applied, these charges will not be Lessors’ responsibility. All charges from the venue/location will be the sole responsibility of the Client unless otherwise agreed between the Client and Lessor in writing
- ADDITIONAL REQUIREMENTS OF CLIENT OR LOCATION/EVENT SITE(S):
- Customer is responsible for any and all licensing fees, inspection charges, insurance requirements, employee gate admission, onsite parking fees, and occupational permits required in the use of rented Equipment.
- Customer is responsible for all charges imposed by the venue, including, but not limited to, power requirements, additional labor, additional rigging charges, facilities charges, security, fire watch, rooms, “Vendor Meals” for all subcontractors, and CT Speaker Rental and Uplights, LLC staff, per diems, air conditioning of venue for CT Speaker Rental and Uplights, LLC staff to perform its contracted duties, staging, dance floors, tables and chairs, sound, lighting, audio visual, talent special needs or “Riders,” special effects, food and beverage, and additional riders as noted, unless contracted in writing by CT Speaker Rental and Uplights, LLC to provide such items. If the hotel or facility requires specific union labor, charges are to be billed directly to the Customer.
- Customer is responsible for any and all parking charges incurred by CT Speaker Rental and Uplights, LLC employees and subcontractors, including valet or metered parking. The Customer shall provide secure parking for trucks and other vehicles, appropriate parking passes, and total access to parking at all times said parking is needed by CT Speaker Rental and Uplights, LLC . Parking shall be provided as close as possible to the loading area or stage for trucks/vehicles during Load-In and Strike and within 2 blocks of the Location /Event Site(s) during the show. Any subcontractors not hired by CT Speaker Rental and Uplights, LLC shall be responsible for their own insurance, electrical requirements, must adhere to CT Speaker Rental and Uplights, LLC Load-In and Strike schedules, and must provide their own staff for their Load-In and Strike, as well as appropriately clean any areas directly related to their own services. Any costs incurred by CT Speaker Rental and Uplights, LLC for damages by Customer’s subcontractors will be the sole responsibility of the Customer and will be payable immediately upon receipt of billing. CT Speaker Rental and Uplights, LLC further assumes no liabilities whatsoever for subcontractors hired by the Customer or for their part(s) in the production of the event.