TERMS OF SERVICE

​​This Agreement is made and entered into by and between All Tech Sound & Production Services Group Inc., herein after referred to as “All Tech Sound ” and the person or company described in the client field above, herein after referred to as “the client”.  All Tech Sound  hereby covenants and agrees to perform the work as agreed by the parties as outlined above and in the Quote. This Agreement is solely for the benefit of the parties hereto. This agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral.  The parties hereto agree to look solely to each other with respect to performance of the contract.

SCOPE OF WORK

​All Tech Sound has furnished the client with a thorough proposal/job order based on the information provided solely by the client. All Tech Sound  is not liable nor will be held responsible for any incorrect information provided for the generation of said job order.  All of the work is to be completed in a substantial and workmanlike manner according to industry standards and practices.

CHANGES IN ORDER

​Any and all changes to times, timeframes, locations, location conditions, Equipment or services shall, if acceptable to All Tech Sound in its sole discretion, be subject to additional charge at All Tech Sounds' standard rates, or such other appropriate rates as All Tech Sound shall determine. Without limitation, all time of All Tech Sound and contracted personnel is billed at four (4) hour minimums.

TERMS OF PAYMENT

​Upon approval of Proposal the client (at the discretion of All Tech Sound ) shall submit a signed Terms of Service agreement and a (minimum) Fifty percent (50%) deposit, plus all special order costs that are due to secure event dates.   Upon completion and /or delivery of approved job or event, client shall pay the remaining balance within the terms specified. Any additions, changes, or overages are due within 14 days of the close of the event.  In the event the job order estimate has been overly estimated, any remaining sum may be put towards the final balance.

COLLECTION COST

​All amounts not paid when due will bear interest at the rate of 1 ½% per month, or the highest rate permitted by applicable law, whichever is less. Client agrees to pay attorneys' fees, collection fees, court costs and any other expenses incurred in collecting any charges or enforcing any of All Tech Sound's rights under this agreement, in retaking any Equipment, or otherwise in enforcing the terms of this agreement.

TIMING

job orders are crafted with the client’s understanding of the scope of the job. In the event that the actual event/job runs over the allotted time contracted, fees will be charged accordingly. (See the billing structure for comprehensive details.) Any delay in substantial completion or full completion of the work (as the case may be) in accordance with the contract documents will be considered a delay if arising from causes beyond All Tech Sound 's control and not reasonably foreseeable by All Tech Sound  with the use of All Tech Sound 's best professional efforts. All time limits stated in the job order are based on information provided by the client. The client will provide All Tech Sound  with adequate set up and removal times as documented in the approved job order.  It is not our policy to start removing equipment with guests still in the venue unless stated by the client notwithstanding the danger clause.

DEFAULT BY CLIENT

​In the event that (a) the client does not perform its obligations under this Contract in accordance with the terms of this contract and the job order and not corrected the default within three (3) days of written notice by All Tech Sound , or (b) the client becomes bankrupt or makes a general assignment for the benefit of creditors, or if a receiver of the client is appointed, or (c) if the work is stopped as a result of a court order, then All Tech Sound  may cease work and treat the Contract as repudiated forthwith on the occurrence of such default.  In such event, All Tech Sound  shall be entitled to full payment.

DEFAULT BY ALL TECH SOUND

​In the event that (a) All Tech Sound  does not perform the work in accordance with the terms of this Contract and has not corrected the default within three (3) days of written notice by client, or (b) All Tech Sound  becomes bankrupt or makes a general assignment for the benefits of its creditors, or if a receiver of the Contract is appointed, then All Tech Sound  may finish the work in accordance with the plans and specifications as All Tech Sound  may deem expedient, but without undue delay or expense.  In such an event, All Tech Sound  shall not be entitled to any further payment under this Contract, but upon completion of the work, an accounting shall be made between All Tech Sound  and the client.  If the unpaid balance on the contract price shall exceed the expense of finishing the work, the client shall pay All Tech Sound  for such parts of the work as were payable or completed at the time of the default.  However, if such expense shall exceed such unpaid balance, All Tech Sound  shall pay the difference to client.

INCLIMENT WEATHER

All Tech Sound  will make every effort to maintain normal work hours even during weather events. When inclement weather impacts the normal operation, All Tech Sound  will make every attempt to contact our guests to confirm the status of their event and notify them in a timely manner regarding any changes in our services. During these challenging weather incidents, it is necessary for us to assess the safety of our delivery team and technicians, while giving the utmost consideration to our clients. We will make every effort to reschedule events postponed due to inclement weather at no additional cost. “Inclement weather” is defined as a weather condition that causes a major disruption to transportation and the operation of businesses and schools in the relevant area. Some examples of inclement weather include: hurricanes, floods, blizzards, heavy snow, ice storms, and excessive heat. Indicators of these unsafe conditions could include community closures, weather alerts, news warnings, and public safety alerts. In snow conditions, roads or parking lots that have been unplowed or that require snow tires and/or chains will be considered an unsafe driving condition.

DANGER CLAUSE

​All Tech Sound will not engage in any activity that we deem unsafe or dangerous as defined by the ESA Event Safety Alliance. any temporary Structures, Outdoor stages, tents or roof structures must be properly secured for wind loads as per manufacturers specifications and must be Permitted and Inspected by Local authorities to meet Local, State and Federal safety standards. If All Tech Sound determines that it is unsafe, unlawful or improper for All Tech Sound to perform its obligations  hereunder, then All Tech Sound may terminate such performance or prohibit the operation or utilization of such equipment upon notice to the customer. in exigent or emergency circumstances, no notice shall be required. All Tech Sound shall have no liability to customer or any third party for any action taken by All Tech Sound under this section.

All Tech Sound maintains and uses a Safety Plan for inclement weather and High Winds for all outdoor performances in accordance with the ESA Event Safety Alliance. ​A copy of the All Tech Sound HWAP  (High Wind Advisory Plan) can be obtained on our website at LINK 

INTELLECTUAL PROPERTY

​Client agrees, unless otherwise stated within, that all designs and results of work performed by All Tech Sound are the product of All Tech Sound and are the sole and exclusive property of All Tech Sound. Client shall not have any rights to such property, Nor shall the Client use any such property, except in connection with the event specified herein.

PUBLICITY

​In all programs printed and distributed in connection with the Event, credit to All Tech Sound & Production Services Group, Inc. All Tech Sound shall be entitled to create and use images of its work and use them for publicity purposes as it shall determine in its sole discretion.

NOTICE OF RIGHT TO CANCEL

​Client may cancel this transaction, without any penalty or obligation, within 24 hours from the contract signing date. Should client cancel this transaction after the 24 hour grace period and in advance of the 14 days prior to job order execution, client shall be reimbursed fifty percent (50%) of the deposit amount.  All Tech Sound  will not reimburse client for any special order items.  For cancellations within 14 days, the client is responsible for full payment.

FORCE MAJEURE

​If the event cannot take place and/or the Artist is not able to perform due to a situation arising as a result of a Force Majeure including (but not limited to) a global pandemic (such as COVID-19), acts of government, acts of terrorism, earthquakes, floods, fires, riots and wars, the full balance will not be due and the Artist agrees to the following options: $0 to reschedule to any mutually available date in the future (Deposit will be applied in full); If the Client cancels without rescheduling, 50% of the fee will be paid. 

NOTICE OF COMPLIANCE

​Unless otherwise stated and included in this agreement, The Client shall give notices and comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on performance of work in this contract. The Client Shall secure and pay for permits, fees, licenses and Inspections by government agencies necessary for proper execution  and completion of this contract.

KEY LOGISTICS

​Access to Venue Client will verify the ability to get our company vehicles to and from the venue.  Additionally, ascertain that All Tech Sound  can reasonably move equipment into and around the job site.  This includes parking at the dock, ramps provided into venue, loading paths are clear and reasonably sturdy and level. Parking- Parking must be provided or paid for by the client. All Tech Sound  will provide specifications for appropriate parking conditions. Any site that necessitates public/on street parking will assume all parking violations acquired while executing the job order. Travel- All Tech Sound  shall receive reimbursement for travel and other expenses identified in advance of commencing work.  Such expenses may include, but are not limited to, airfare (economy or coach class only), other transportation expenses, lodging and subsistence necessary during periods of required travel. To receive reimbursement of travel expenses, All Tech Sound  will provide client with breakdown of authorized expenses, identifying what was expended and for what purpose. Food and Water- Access to food and meal breaks are standard for events.  Water access is required. Sanitary Facilities- Sanitary facilities must be provided and accessible. 

DAMAGE TO WORK

​Except to the extent caused by All Tech Sounds' gross negligence or willful misconduct, and except while in active use by All Tech Sound in the performance of its obligations hereunder, while at the Event Site, the Customer is responsible for all Equipment. While at the Event Site, if such Equipment is lost, stolen or damaged under any circumstances, the Customer shall be responsible for all costs and charges, including labor costs, to repair or to replace the Equipment, and for lost revenue during the time the Equipment is being repaired or replaced. If the Equipment is returned not clean, a cleaning charge will be imposed

HOLD HARMLESS

​To the extent permitted by law, the client assumes entire responsibility and agrees to defend, protect indemnify and hold harmless All Tech Sound , Inc., its agents from and against all claims, lawsuits, demands, causes of action, liability, loss damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and /or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts omissions, negligence, or willful misconduct on the part of All Tech Sound  or its agents.  This indemnification applies to and includes without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees and related costs or expenses, and any reimbursements to All Tech Sound  for all legal fees, expenses and costs incurred by it.

LIABILITY

​All Tech Sound, and its agents, shall not be liable to the client, whether jointly or individually, in excess of the compensation paid/owed to the All Tech Sound under this Agreement. under no circumstances shall All Tech Sound be liable for incidental special or consequential damage of any kind.

OWNERSHIP

All deliverables created in the execution of the stated job order is the sole property of All Tech Sound  until the time final payment has been received, at which point possession of ownership is transferred to the client and a final itemized invoice is provided to client in person or by email. the Client Agrees not to pledge, Mortgage or in any way encumber any equipment.

NO WAIVER

​The acceptance of the return of any Equipment is not a waiver by All Tech Sound of any claims that it may have against the Customer nor a waiver of claims for latent or patent damage thereto.

DISPUTE RESOLUTION

​In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be addressed within Norfolk County.

ANY AGREEMENT BY AND WITH ALL TECH SOUND SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS.