Rental Terms and Conditions

PAYMENT: This Production and Rental Contract (the “Contract”) is   not effective, and the production/event date is not reserved, until you   (Client) deliver a deposit of 50% of the Contract price within the time   period identified above. Unless other arrangements are agreed to in advance   by Houston Sound Service (“HSS”), you must pay the final 50% of the Contract   price on or before the Start Date listed above in the Contract. Any   additional services that you request, or are requested on your behalf, will   be billed and are due within 15 days of the invoice. You agree to pay   interest at a rate of 1.5% per month (18% per annum) for all balances that   are over 30 days late. Payment can be made by cash, check or credit card. All   rentals require a credit card to be placed on file even if other payment   methods are used.
  CANCELLATIONS: You must submit a written notice of cancellation of services   at least 3 full business days prior to the Start Date.  Any cancellations that are received less   than 3 full business days prior to the Start Date will result in a late   termination fee of 50% of the Contract price, applied against your deposit.   You may not cancel or terminate the Contract once equipment has been picked   up or delivered to the event.
  CHANGES: You agree that HSS will charge $45.00 per hour per HSS   representative for delays in our installation on the job site caused by   circumstances beyond our control or for additions or changes to the Services   described above.
  LOSS AND DAMAGE: You agree and understand that you must use the Equipment   solely for its intended use, and that you are responsible for all Equipment   while such Equipment is at the Venue or in your care. You must inspect the   equipment prior to its use and notify HSS of any defects. You must return   Equipment in the same condition in which you received it. You must pay all   expenses and fees related to damaged, broken, lost, stolen, missing, or   excessively soiled Equipment, including damage due to adverse weather   conditions. These expenses and fees may include, but are not limited to:   equipment replacement; repair/cleaning labor; cost of sourcing temporary   replacements to fulfill other contracts; legal fees; and other fees   associated with collecting payment.
  CONFIDENTIALITY: All ideas and designs developed for the Event are the   property of HSS and any dissemination or copying of this Contract is   prohibited. You agree to keep this Contract and its terms and conditions   strictly confidential.
  ELECTRICAL POWER: A qualified electrician or Venue Engineer provided by   Client or the Venue shall handle all aspects of the tie-in and disconnection   of the Equipment to the Venue’s electrical system, and such person must   remain on site until HSS has approved the power-up of the Equipment. You are   responsible for any required permits.    You must supply a dedicated electrical circuit at the event that is   sufficient to handle the Equipment. HSS is not responsible for any   electrical, generator or electrician charges unless specifically stated in   our proposal. HSS is not responsible for any electrical power problems or   production delays due to problems with the Venue’s electrical power. Unless   indicated above, HSS is not responsible for coordinating the electrical needs   of bands, caterers, decorators or others; however, HSS may agree to handle   such services for an additional fee.
  OVERHEAD SAFETY: Overhead work is dangerous to both the person on the ladder   or personnel lift and to persons on the ground. HSS personnel are required to   stop work whenever anyone approaches the ladder or lift. You must ensure that   the area around the any HSS representative is kept clear of all persons and   is a safe working environment . HSS is not responsible for any delays in the   completion of HSS services when personnel or material hinder access to our   work area. HSS is not responsible for any charges for the use of a Venue’s   ladder or lift unless specifically stated in the Contract.
  SECURITY: You must provide or arrange for adequate security for HSS’s   personnel and Equipment to prevent theft, damage or harm.
  FACILITY ACCESS: You must ensure that HSS has access to the Venue’s loading   dock or entrance to facilitate the timely installation and removal of   Equipment. HSS is not responsible for delays in our services or installation   due to facility access difficulties.
  DELAYS DUE TO OTHER CONTRACTORS: Whenever HSS is required to provide   lighting to non-HSS decor, stages or other items, all lighting components   must be in place with sufficient time for HSS to install, power and focus our   lights onto these items. HSS is not responsible for any delays in the   completion of the Services when HSS personnel are required to wait for other   contractors to complete their installation.
  WARRANTIES AND MERCHANTABILITY: HSS warrants that the Services will be   performed in a workmanlike manner.  HSS   makes no other warranties, express or implied, as to defects, the suitability   or fitness of our services or Equipment for a particular purpose, design,   condition, or merchantability of our Services or Equipment. You agree that in   any dispute regarding the aesthetic design or artistic outcome of our   installation, HSS will prevail.
  FORCE MAJEURE CLAUSE: You agree that in the event of an Act of God, riot,   insurrection, war, natural catastrophe, act of terrorism, or the exercise of   authority of any branch of government or any other event beyond the   reasonable control of HSS occurs, and that due to such occurrence HSS is   unable to fully provide its Services or Equipment, HSS shall be relieved of   any responsibilities set forth herein and shall not be liable to you or any   other party for the loss, cost or expense resulting from HSS’s failure to   perform.
  INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HSS, ITS   CONTRACTORS, AGENTS AND EMPLOYEES OF, FROM AND AGAINST ANY AND ALL   LIABILITIES, LOSSES, DAMAGES, CLAIMS, JUDGMENTS OR OTHER PROCEEDINGS, COSTS   OR EXPENSES OF ANY KIND WHATSOEVER WHICH MAY BE IMPOSED ON, INCURRED BY OR   ASSERTED AGAINST HSS, ITS AGENTS, CONTRACTORS OR EMPLOYEES AS A RESULT OF,   ARISING FROM OR IN ANY WAY RELATING TO THE DUTIES, OBLIGATIONS AND RESPONSIBILITIES   OF CLIENT, VENUE, OR OTHERS, ITS EMPLOYEES AND REPRESENTATIVES, OR FROM ANY   PROPERTY DAMAGE OR PERSONAL INJURIES CAUSED BY THE EQUIPMENT.
  HSS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR   CONSEQUENTIAL DAMAGES ARISING FROM POSSESSION OR USE OF THE EQUIPMENT OR USE   OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS   REVENUE, LOST BUSINESS, REGARDLESS OF    WHETHER SUCH DAMAGES ARE    FORSEEABLE AND WHETHER HSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH   DAMAGES.
  GOVERNING LAW: This agreement shall be construed under the laws of the State   of Texas, and all obligations of the parties created hereunder are   performable in Harris County, Texas.
  FACSIMILE SIGNATURE: Client and HSS agree that signatures transmitted by   facsimile, e-mail or other electronic means have the full force and effect of   original signatures.
  COMPLETE AGREEMENT: This Agreement contains the entire   agreement between parties. No other agreements, representations, warranties   or other matters, oral or written, shall be deemed to bind the parties. You   acknowledge that you are entering into this Agreement solely on the basis of   the representatives contained herein.
  THIRD PARTY BENEFICIARIES.  There are   no third-party beneficiaries of this Agreement.