Terms of Service

Updated: Jan 20, 2022

I. Services

1. Cadence Studios’ services are non-exclusive and Cadence Studios shall at all times be free to perform the same or similar services for others.
2. Cadence Studios will provide equipment, labor, and delivery as stated confirmed agreement. Any changes to equipment, labor, or delivery location may result in additional charges as necessary.
3. Customer is deemed to have no control over the manner in which Cadence Studios completes the agreed-upon services.
4. Cadence Studios may utilize any of its employees, independent contractors, and subcontractors to perform the services. The customer agrees to refrain from contacting Cadence Studios’ vendors in any manner whatsoever.
5. Labor charges are calculated based upon load-in/strike times given to Cadence Studios by the customer. If Cadence Studios is delayed in starting load-in/strike by conditions beyond our control the contract is subject to further labor charges. Labor rates are subject to all laws governing such as but not limited to minimum wage, overtime, and double-time rates.
6. If Customer agrees to provide any additional labor, travel arrangements, or equipment as per signed contract and fails to do so, Customer agrees to pay for all reimbursements and any additional resulting charges.
7. Cadence Studios retains the right to use any images from the event for marketing purposes unless a prior written agreement is in place to override said right.

II. Contracts for Equipment Rental

1. Cadence Studios will have all equipment in good working order at time of rental and will no way be responsible for damages resulting while in user’s possession. All rental returns are subject to inspection.
2. Customer agrees to operate equipment only in the manner for which it was intended and that the equipment will be operated only by a person trained to do so.
3. Customer agrees to return rental equipment to Cadence Studios in good working order on the date specified on the rental agreement. Late returns may be subject to additional rental charges applied at a daily rate for each day Customer keeps equipment after the end of the contract date.
4. Customer assumes all responsibility for returning equipment to Cadence Studios. If Cadence Studios is contracted to pick up the equipment from the customer’s designated location, customer accepts full responsibility for packing and loading equipment onto Cadence Studios’s truck. Customer acknowledges equipment will be counted upon return to Cadence Studios and customer will be billed for any missing or damaged equipment.
5. Customer agrees to pay upon receipt of missing and damaged report the actual replacement value for any equipment which may be lost or returned in damaged condition.

III. Contracts for Production Services

1. Cadence Studios acknowledges the nature of the production industry is one of change and will work to the best of our ability to accommodate on-site changes. Customer agrees that Cadence Studios will use professional expertise and will, at times, be unable to provide changes on site which we deem unsafe or beyond the capacity of the equipment or staff as stated on the production contract.
2. Changes made on site are subject to additional fees and charges.
3. Customer agrees to leave all installed safety devices in place and further accepts full responsibility for personal injury or property damages resulting from the removal of said devices.
4. Power
   1. Cadence Studios shall be provided adequate electrical access by any appropriate party involved with the event unless specified by Cadence Studios. Access to the power source should be available at time of load-in. Any delay in accessing power has the potential to delay setup and show schedule.
5. Mobile Stage Rentals
   1. Cadence Studios will assist the customer in selecting the site upon which the mobile stage is to be located.
   2. Cadence Studios, or its subcontractors, will deliver the mobile stage, set it up, and remove it at the conclusion of the event.
   3. All local ordinances regarding noise, traffic, etc. shall be strictly obeyed by the customer at all times when the mobile stage is in use.
   4. Cadence Studios will monitor weather conditions at all time and has the power to stop the program for any reason should weather conditions become unsafe. This includes but is not limited to wind, lightning, and rain.
   5. Nothing may be attached or affixed in any manner to the mobile stage without prior permission of Cadence Studios.
   6. All Banners need to be hemmed with sewn-in reinforcement and Grommets every 24”. Failure to follow this guideline during gusty conditions may result in an unrepairable situation, or one requiring the rental of additional equipment and/or a delay in stage removal at the customer’s expense.
6. Security
   1. If equipment, including staging, is to be left on-site overnight, the customer agrees to provide sufficient security personnel to prevent theft, tampering, or vandalism.
7. Safety
   1. Cadence Studios staff has the power to stop the program for any reason if there is a potential danger to the equipment or staff, for example, inclement weather, wind gusts in excess of 25 mph, or unruly behavior of the crowd or performers.
8. Provisions
   1. Customer will have water available at load-in site for Cadence Studios use starting at the agreed-upon load-in time and will provide sufficient water for all Cadence Studios representatives thru strike.
      1. If water is not provided, client will be invoiced $20/case that must be acquired by Cadence Studios or $4/bottle
   2. Cadence Studios’ staff is often not able to leave the site during an event to acquire food. The customer will provide meals for Cadence Studios staff while on site. The number of meals and staff headcount will be provided to the customer.
      1. If meals are not provided, a $15/meal/person per diem will be granted to the Cadence Studios staff and invoiced to the client following the event.
9. Access
   1. All Cadence Studios on-site staff will be granted sufficient credentials to allow them to move freely about the event space. These credentials will be provided to the Cadence Studios management for distribution as quickly as possible upon site arrival to prevent delays.

IV. Liability

1. Cadence Studios will maintain a comprehensive general liability insurance policy, workers compensation insurance policy, and a comprehensive automobile liability insurance policy. Both parties have the right to request to be listed as an additional insured on the appropriate insurance policies so long as the request is received in writing within one week (7 calendar days) of the event. Cadence Studios will provide proof of insurance upon request.
2. A certificate of insurance naming Cadence Studios additionally insured and loss payee for any rented equipment valued at or over $1,000 is required before rented equipment can be released. Customer assumes the entire risk of loss, damage or destruction of equipment from any and every cause whatsoever beginning with the delivery of said equipment to Customer. Any such loss must be paid at full replacement value or, at Cadence Studios’s discretion, Customer may fully repair the item or replace with a like item acceptable to Cadence Studios.
3. Cadence Studios is not responsible for the actions of event guests, or liable for any loss, damage, or injury to persons or property resulting from the negligence or misconduct of any individuals attending the event(s) for which Cadence Studios is providing services or equipment.
4. Cadence Studios is not liable for failures to perform from causes resulting from venue or event locations. Such actions include but are not limited to, power failures, labor disputes, and/or construction disputes.
5. Adequate security, if applicable, will be provided by the Customer for the protection and safety of Cadence Studios personnel, equipment, and property. Cadence Studios will not be responsible for any third-party claims against the security company.

V. Payment

1. A non-refundable 50% deposit is required at time of estimate/contract acceptance to confirm rental and/or production service unless otherwise specified in the estimate. Any requested equipment, staff, or event date is not secured until payment is received.
2. Balance in full is due one week before Cadence Studios’ services are engaged unless payment terms have been granted in writing ahead of time.
3. Unless noted, all issued invoices are due at the time of invoice.
4. If terms are not met, all discounts offered on invoice are null and void, and the total invoice amount prior to discount will be due immediately. If not paid in full, interest will be accrued at a rate of 1.5% of the total due monthly (18% per annum) or the maximum amount allowable by law, whichever is greater.
5. Once confirmed, estimates are not cancelable without written permission from Cadence Studios management. The 50% non-refundable deposit, plus any actual charges incurred by Cadence Studios for sub-rented equipment or labor will be assessed to all cancellations. If said cancellation occurs in less than 72 hrs of delivery/load-in date and time, the full balance due will still be assessed.
6. All payments due to Cadence Studios are absolute and unconditional and will not be subject to any abatement, reduction, setoff, counterclaim, or recoupment for any reason whatsoever.

VI. Mediation and Arbitration

1. Any dispute arising under this Agreement shall be resolved through a mediation-arbitration approach. The parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Agreement. Costs and fees associated with the mediation shall be shared equally by the parties. Mediation and Arbitration shall be conducted in Grayson County, Texas, USA.

VII. General Provisions

1. This agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law rules.
2. If any provision (or portion thereof) of this agreement is declared by a court of competent jurisdiction to be invalid or unenforceable the remaining provisions (including other portions of a provision having an invalid portion) will remain in full force and affect and, as far as possible, the court or mediator shall limit the scope or application to the least extent possible in order that it may be valid and enforceable.
3. Cadence Studios will not be deemed to be in breach of any obligations in connection with services to be performed unless and until the party to this agreement has first given Cadence Studios specific written notice by certified main, return receipt requested, of the nature of such alleged breach and Cadence Studios has failed to cure such alleged breach within thirty days after receipt of such written notice. If the alleged breach is not capable of being cured within such period, Cadence Studios shall have additional time as necessary to complete such cure. Alleged breach is not capable of being cured within such period, Cadence Studios shall have additional time as necessary to complete such cure.
4. All notices, communications or consents given by either party to the other party must be in writing. Acceptable communication for notices will be by e-mail, US postal service, or any other mail delivery service. E-mail communications shall be considered legal documents.
5. This agreement shall be binding upon the parties undersigned and their heirs, successors, executors, and permitted assigns.
6. No failure or delay in exercising any right, power, or privilege in respect of this agreement or failure to insist upon strict compliance with any of the terms or conditions hereof, will act as a waiver, and a single or partial exercise of any right, power, or privilege will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.
7. This agreement will apply to the individual signing below, individually and if performing as part of a group, and to any entities, including partnerships, corporations, etc., under which such individual may perform services as an individual an/or as part of a group.