Please Fax Completed Form To 702-967-4452 www.encoreglobal.com P: 702-967-4154 F: 702-967-4452 E: christina.dominguez@encoreglobal.com
Current as of 1/1/2021
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to any proposal, quote, order
and/or agreement relating to audiovisual, internet and/or related equipment
(“Equipment”) rented by Client from Encore, as well as any audiovisual,
internet, production and/or related services or labor (“Services”) provided
by Encore. These General Terms and Conditions incorporate by reference
any attached or related proposal, quote, order, schedule, contract, change of
work order and/or commencement of work and shall constitute the entire
agreement (“Agreement”) between Encore and Client (individually “Party” and,
collectively, “Parties”).
1. DEFINITIONS
For purposes of this Agreement, “Encore” means Encore, LLC and its
employees, members, managers, ocers, agents, assigns, aliated companies,
related entities and any subcontractors appointed by Encore. The term
“Client” means the Client, its employees, ocers, directors, managers,
members, guests, invitees, agents, representatives and any Client Appointed
Contractors (“CAC”).
2. PAYMENT TERMS
Client agrees to pay Encore all charges in this Agreement, including any and
all Equipment, Services and/or labor overages. Payment is due and payable
in full upon signing this Agreement, unless Client has established a Master
Account with the venue that includes Encore’s Equipment and/or Services
in which case all charges shall be billed to Client’s Master Account pursuant
to the terms set forth by the venue and due and payable to the venue upon
conclusion of the event. Any direct bill or open account requires prior credit
approval and may require a deposit prior to the start of the event. Any deposit
received from Client shall be credited to the nal invoice for the event. All
invoices not paid in full within 30 days of the invoice date shall bear a nance
charge at the lesser of the maximum rate allowed by applicable law, or 1.5%
per month.
3. ESTIMATES AND CHARGES
In connection with this Agreement or any contract entered into between
Encore and Client:
(a) Any estimate provided to Client in connection with the expected service
hours, labor hours and/or number of days the Equipment is rented is solely
an estimate. In the event the actual hours, actual quantities of Equipment
rented hereunder or actual days the Equipment is rented is greater than the
amount indicated in any proposal or quote, Client will be charged for those
overages at Encore’s standard rates, less any applicable discounts. A day’s
rental period is all or any portion of each 24-hour period starting at 07:00 and
continuing through 06:59 the following day.
(b) Labor rates are based upon prevailing rates and practices at the particular
venue location where the event is held. All labor estimates, rates and
minimum labor calls are based on local venue rules and/or local union rules, as
applicable.
(c) All Equipment and materials are on a rental basis for the duration of the
event and shall remain the property of Encore, except where specically
identied as a sale.
(d) Unless specically stated in the Agreement, the charges herein do not
include any electrical charges that may be incurred or charged by the event
facility due to the extent of the event’s audiovisual requirements. Client may
be charged for such electrical charges upon conclusion of the event.
(e) If Client is exempt from the payment of sales or other applicable tax, a tax
exemption certicate must be submitted prior to the commencement of the
event. If Client fails to timely submit an applicable tax exemption certicate,
the sales or other applicable tax shall be due and payable at the time of nal
invoice.
(f) If applicable, a service charge or AV house charge is included to allow
Encore to provide the necessary event support required to execute successful
meetings and events including immediate on-site support, pre-event planning
and preparation and coordination with our hotel partners. The entire service
charge or AV house charge is for administrative costs and is not a gratuity in
whole or part to employees of Encore or any other party.
4. DAMAGE TO EQUIPMENT
Client agrees that, prior to the beginning of the event, it shall have the right
to review and inspect the Equipment with Encore personnel to conrm it is
in good operating condition. Client shall immediately notify Encore if any
Equipment is defective or not in good operating condition. Client’s failure
to review or inspect the Equipment prior to the start of the event or notify
Encore if the Equipment is defective or not in good operating condition shall
be deemed an acknowledgment that the Equipment is in good operating
condition. Client agrees to pay for all damages because of lost, damaged
or stolen Equipment, including loss or damage caused by Client’s accident,
misuse or neglect, based upon repair costs for reparable Equipment or
full replacement cost for lost, stolen or irreparable Equipment. However,
should the Equipment listed on this Agreement be damaged, lost or stolen
due to Encore’s sole negligence, Encore shall be responsible for the repair
or replacement of the Equipment. In no event will Encore be liable for any
Client damages or loss caused, in whole or in part, by the loss, malfunction or
damage to any Equipment.
5. SUBLEASE
With the prior written consent of Encore, Client shall have the right to
sublease the Equipment and, in the event of a sublease, Client shall be fully
responsible for all insurance on, repair and replacement of, and reclamation of
the Equipment. Encore reserves the right to replace the Equipment at Client’s
expense at full retail value if the subleased Equipment is lost, damaged or
untimely returned.
6. EQUIPMENT HANDLING/SURRENDER
All Equipment may only be handled and operated by Encore personnel unless
authorized by Encore. Equipment may not be moved, stored or serviced by
Client or any other party. Client agrees that Encore shall have the right to
enter the premises where the Equipment is located and shall have access to
the Equipment at all times for the purposes of set, strike, maintenance and
routine checks. On the expiration or earlier termination of this Agreement,
the Equipment shall be returned in good repair, condition and working order,
subject only to reasonable wear and tear. If Client brings its own computer to
be used for presentation purposes during the event, Encore recommends the
computer be tested with the event Equipment to ensure compatibility.
7. CONDITION OF EQUIPMENT
Encore maintains and services the Equipment in accordance with
manufacturers’ specications and industry practice. However, Encore does
not provide any express or implied warranty for the Equipment or Services,
including any warranty of tness for a particular purpose or merchantability,
and it does not warrant or guarantee that the Equipment, Services or labor
being provided will be free of defect, malfunction or operator error. If the
Equipment malfunctions or does not operate properly during the event for
any reason whatsoever, Client agrees to immediately notify Encore’s on-site
representative. Encore will attempt to remedy the problem as soon as possible
so that the event is not interrupted. Client agrees and acknowledges that
Encore shall not be liable and assumes no responsibility for any loss, cost,
damage or injury to persons or property in connection with or as a result of
inoperable or malfunctioning Equipment or otherwise.
8. DAMAGE WAIVER
If elected by Client and included in this Agreement as an additional fee,
Encore agrees to waive any liability of Client for loss or damage to the
Equipment. This waiver will not apply if it is determined the loss or damage
was intentionally caused by Client, in which case Client will be fully
responsible for all such loss or damage.
9. INTERNET/NETWORK EQUIPMENT AND SERVICES
In the event this Agreement includes internet/network equipment and/or
services, Client understands and agrees as follows:
(a) Every device connected to the internet/network must have a purchased IP
address from Encore, regardless of whether the IP address is used or not;
(b) No servers or routers are allowed including, but not limited to, NAT, DHCP
and proxy servers.
(c) Encore reserves the right to disconnect any equipment that, in Encore’s
sole discretion, is found to be causing overall network problems without any
refunds for services that have been disconnected;
(d) Client agrees not to share, resell, extend, bridge or otherwise misuse
Encore’s connections and/or services. Encore, in its sole discretion, reserves
the right to disconnect any Client found to have violated this Agreement
or usage equipment without any refunds for services that have been
disconnected;
(e) Specic service location is dened as the area in the booth/room or
other area designated by the Client. Service extended beyond rooms, air
