TERMS & CONDITIONS

All rentals and services provided by us are subject to this agreement between you (referred to as “Client” in this Agreement) and Eagle Sound LLC dba Eagle Production (“Company”). As used herein or elsewhere on this website, the term “Agreement” means all of the rental agreements, service agreements, estimates, order forms, addenda and exhibits, collectively. Any provision in the Agreement requiring that something be done in “writing” shall include email and other electronic communication, such as text and Whatsapp.

This Agreement comprises of various terms and conditions, some of which apply only to rental, and others of which may apply to additional services, such as labor, transportation and/or production services. To the extent that Company provides you with such additional services, those terms specific to those types of services will apply to you. If Client requests that transportation, labor and/or production services be provided, to the extent that Company agrees to provide such services, such services shall be subject to the Transportation Addendum, Labor Addendum, and Production Services Addendum, except as may be agreed upon in writing between Client and Company.

1. Prices Subject to Change. All prices shown on the website or elsewhere (including estimates) are subject to change without notice to you. All pricing excludes sales tax, freight, and shipping/handling.

2. Deposit. To the extent that Company requires a deposit for a particular rental or service (including production services), Client is responsible for paying the deposit amount required by Company. The Agreement is voidable by Company (by written notice to Client) so long as Company has not received Client’s deposit. Unless provided otherwise by Company in writing or as otherwise shown on the website, a 50% deposit is due at checkout (or if not done online, at signing) and the remaining 50% is due prior to Client picking up the equipment, or if Company is to deliver the equipment, prior to Company’s delivery of the equipment. The same breakdown shall apply to production services, unless Client and Company agree otherwise in writing. Submission of a deposit after Client has received a copy of, or link to, the Agreement, even if Client has not signed the Agreement, will constitute Client’s agreement to be bound by all of the terms of the Agreement and any related estimate, quote or order form. Deposits are non-refundable, even if Client ultimately elects to not pick-up/rent the equipment.

3. Billing and Payments. Any amounts owed to Company but not previously paid for at checkout or contract/estimate signing (such as for damaged or lost equipment) will be separately billed and Client shall pay all such amounts within 14 days of its receipt of such invoice(s) from Company. In the event that any invoice issued by Company remains unpaid by the Client for thirty (30) days following the date of receipt of the invoice, a one-time late fee equivalent to ten percent (10%) of the total amount of the invoice will be assessed and become due. This late fee is in addition to the original amount billed and must be paid by the Client along with the outstanding invoice amount.  

4. Use of Credit Card. To the extent that Client has provided Company with a credit card to be held on file, Client hereby authorizes Company to charge such credit card for amounts agreed to under this Agreement if such amounts are not otherwise paid for by Client within the 14-day period referenced in the preceding paragraph.

5. Labor Rates. Hourly labor rates, minimum calls, overtime labor rates, daily labor rates and per diems apply and are based upon prevailing rates and practices as shown on the Fees & Rates page. To the extent that labor fees exceed those that were initially contemplated and billed for, such excess labor fees will be billed after the conclusion of the rental/event.

6. Equipment Rates. Unless otherwise noted, all rates are based upon per-room, per-day calculations with the minimum rental period being one calendar day. A day rental period consists of all or any portion of each 24-hour period starting at 12:00am and continuing through 11:59pm. Client agrees to pay the rental fees for the stipulated period. Any equipment that is used and/or retained by Client for a longer period shall be subject to Company’s prevailing rates for the rental of such item until the equipment is returned.

7. Production Services. At times, clients may request that Company handle a broad range of services relating to the audio/lighting equipment at the event, including, for example, designing the audiovisual elements and providing related production services. Such services may entail coordinating with the venue and affiliated parties, providing the equipment, providing the equipment trucking/transportation, providing the labor, as well as providing a recording of the event following the event (collectively, “Production Services”). Unless Production Services are expressly contracted for between Company and Client, such services are excluded.

To the extent that Production Services are contracted for, Client understands and agrees that Company is making no representations or warranties whatsoever regarding the outcome of the Production Services, it being agreed that Company’s responsibility is merely to provide the labor, equipment and services, if applicable. Company will not be responsible or liable (and no refunds will be issued to Client) if Company or its personnel are unable to provide the contemplated services due to circumstances at the event. For example, if the staging area is, in Company’s reasonable determination, unsafe for the installation or placement of the equipment or if the projection is obstructed for whatever reason, Company will not be liable for any resulting injury or for Client’s inability to utilize or benefit from equipment.

8. Client’s Equipment Inspection. Upon taking possession of the rented items, Client is obligated to perform a thorough inspection of all items to verify that they have been properly received, either through pick-up or delivery, as applicable. This inspection must include a check for any existing damages, scratches, or any condition that deviates from the standard quality as represented by the Company, both on the equipment itself and on its accompanying cases. The Client must notify the Company immediately, but no later than 4 hours after taking possession, of any discrepancies, damage, or issues observed, including but not limited to missing items, damaged items, dirtiness, or scratches on both the rented items and their cases. Failure to provide such notification within the specified timeframe will constitute an acknowledgment by the Client that the equipment and associated cases were received in good working order and condition, free from any damage or missing components. 

9. Equipment Handling.
   (a) Client hereby represents and warrants that only personnel who are adequately trained, experienced, and knowledgeable in the proper operation and use of the equipment provided under the Agreement will handle, operate, and use the equipment. Client agrees to ensure that the equipment is used strictly in accordance with the manufacturer’s guidelines and specifications. Client acknowledges that improper use, handling, or operation of the equipment may result in damage or degradation of the equipment, and agrees to be fully responsible for any damage or loss caused by such improper use. Client further agrees to implement all necessary measures and precautions to protect the equipment from misuse, abuse, theft, or any form of damage during the rental period.(b) To the extent that Client engages Company to provide equipment technicians to operate the equipment at the Event, then (i) all equipment must be handled by Company personnel only, and (ii) equipment may not be moved, stored, or serviced by Client or any other party. Client agrees that Company shall be permitted free access to the equipment at any time before, during and/or after the Event for purposes of installing, operating, disassembling and removing the equipment.

    

   (c) Not withstanding anything to the contrary in this Agreement, Company retains all title and rights in and to the equipment and all related accessories.  

10. Inspection upon Return of Equipment. It is the Client’s responsibility to ensure the equipment is returned in the same condition as it was received. Upon the return of the rented items, the Company will conduct its own inspection of the equipment to ensure that all of the rented items have been returned and to assess the condition of the returned items. The Client will be held responsible for any damage, scratches, or missing equipment (including missing or damaged cases) identified during this inspection that were not previously reported by Client pursuant to Client’s inspection obligations (see Section 6). Following the inspection of the returned rented items, the Company will prepare and provide Client with a detailed report outlining any discrepancies, including but not limited to missing items, damage, or scratches found on the equipment, or any missing or damaged cases (the “Inspection Report”).

11. Liability for Damage.
    (a)Client shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by Company’s negligence, and then only to the extent of such negligence by Company. Client agrees to pay Company upon demand for all amounts incurred by Company on account of lost, damaged and stolen equipment, as outlined in the Inspection Report. Unless provided otherwise in in this Agreement, the amount charged to Client will be based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment, and Client shall be responsible for rental fees while equipment is being repaired and/or replaced, as the case may be.(b) Charges for Minor Damages to Returned Items: In the event that any items are returned to the Company with minor damages, such as (by way of example) scratches, areas of removed paint, or if the equipment is returned in an excessively dirty or wet condition, a standard bench fee of $35 per item will be applied. This fee covers the necessary cleaning, painting, and minor repair work required to restore the item to its original condition. The imposition of this fee is based on the Company’s assessment that the damages are superficial and do not hinder the functional integrity or significantly alter the appearance of the item beyond normal wear and tear.

     

    (c) Charges for Significant Damages Requiring Extensive Repairs: For damages that are beyond minor and superficial, such as those requiring extensive repair work, the Company will charge a flat bench fee of $80 per item. Additionally, the Client will be responsible for paying $65 per hour for the labor involved in the repair process. The total repair time will be determined by the Company based on the extent of the damage and the necessary work to repair the item. Furthermore, during the period when the damaged item is being repaired and is therefore out of commission, the Client will also be charged the daily rental rate for that specific item. This charge is to compensate for the loss of rental opportunity and revenue due to the item being unavailable for rent to other clients. The Company will provide an itemized statement of these charges, including the detailed breakdown of labor and the duration for which the equipment was out of commission, to ensure transparency and fairness. The Company, in its reasonable discretion, will determine whether the damage to the returned items is classified as “minor” or “significant” based on the nature, extent, and impact of the damage on the equipment’s functionality and appearance. Such determination by the Company shall be final and binding on the Client.

    (d) Missing Items Not Included in the Rented Items. The parties recognize that there may be peripheral items, cases accessories that are found to be missing. These items may not have standard daily rates because they are not independently rented (such as equipment cases, for example). To the extent that any such items are missing, Company will notify Client of the missing items and Client shall be assessed a daily rate equal to 1/25th of the replacement cost of the items for each day that such item is missing.  

12. Equipment Failure. Company maintains and services its equipment in accordance with industry practice. Company does not, however, warrant or guarantee that the equipment or services 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 Company’s representative. In response to such notification, the Company commits to replacing the malfunctioning equipment within 24 working hours. The replacement equipment provided may not be identical to the original item but will be a suitable swap, meaning a piece of equipment that performs substantially the same function. In addition to this replacement, the Client will be credited for the rental rates associated with the malfunctioning piece of equipment during the period it was inoperable. This commitment to replace equipment and provide a rental credit, however, does not alter or diminish the Company’s limitation of liability as stated herein. Given the inherent unpredictability of equipment reliability, the Company strongly encourages and recommends that the Client rent backup critical equipment. This measure is advised to ensure continuity and minimize potential disruptions, as the Company cannot guarantee the availability of immediate identical replacements or repairs on-site. Client agrees and acknowledges that Company assumes no responsibility or liability for any loss, cost, damage, or injury to persons or property in connection with the Event as a result of inoperable equipment, lack of backup equipment, or otherwise, whether or not Production Services were included in Company’s services to Client and whether or not such equipment failure occurred in the context of Production Services.

13. Limitation of Liability.
    (a) Client agrees and acknowledges that Company assumes no responsibility or liability for any loss, cost, damage, or injury to persons or property, or any other form of direct or indirect consequence, in connection with the Event, that may arise from or relate to equipment malfunctions, defects, or issues, whether or not Production Services are provided by Company. This includes, but is not limited to, results such as delays, cancellations, or disruptions of the Event, as well as any losses incurred by vendors, participants, or any third parties due to these equipment-related issues. The Company’s liability is expressly limited to the provision of equipment as per the terms of this Agreement and does not extend to any secondary effects or ancillary impacts on the Event or related activities, regardless of the cause of such effects.(b) Under no circumstances, regardless of whether or not Production Services are provided, shall the Company be liable to the Client or any third party for any indirect, incidental, consequential, special, or exemplary damages (including but not limited to loss of profits, loss of business, loss of opportunity, or punitive damages), even if the Company has been advised of the possibility of such damages. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

     

    (c) REGARDLESS OF WHETHER PRODUCTION SERVICES ARE PROVIDED, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS ACTUALLY PAID TO COMPNAY PURSUANT TO THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

14. Cancellation. If Client cancels the Event or the provision of audiovisual equipment or any other service provided by Company under this Agreement more than 30 days prior to the first day of the Event, then Client will forfeit the entire deposit paid to Company and no part of the deposit will be refundable; provided, however, that if Client cancels the event less than 90 days prior to the first day of the Event, then, if labor was contracted for, Client shall be liable for the full cost of labor services contracted for under the Agreement. Cancellations received 30 days or less prior to the first day of the Event, shall be subject to a cancellation charge equal to 100% of the total estimate of charges described on the Rental Form. Client agrees and acknowledges that the cancellation charges described in this paragraph are reasonable and appropriate under the circumstances if Client cancels the Event and/or cancels the provision of audiovisual equipment and services by Company. Client further understands and agrees that notwithstanding anything to the contrary in the Agreement, Company is under no obligation to allow for the rescheduling of the rental and related services, and Company, in its sole and absolute discretion, shall determine whether to credit some or all of the payment previously made towards a rescheduled Event. Client understands that the cost of equipment and labor will fluctuate and, accordingly, the quoted fees/rates for the original Event may not apply to a rescheduled or subsequent Event.  Cancellation fees shall be due within 7 days of Client’s receipt of the associated invoice from Company. All cancellation notices must be in writing.

PRODUCTION SERVICES ADDENDUM

This Production Services Addendum is made part of the Agreement to the extent that Client requests the provision of Production Services. This Addendum to the Agreement (the “Addendum”) supplements the Agreement between Client and Company. 

1. The quoted fees specified in an estimate, quote or event production forms is based on the accuracy of the information provided by the Client regarding the Event’s duration, details of the services to be provided, the scope of the services, the number of personnel required, and the equipment specifications, as such details are specified above. It is understood and agreed by the Parties that any changes, modifications, or amendments to the aforementioned items or any other aspects of the Event that affect the scope of work, including but not limited to an increase in Event duration, alterations in service details, changes in the scope of service, variations in the number of personnel, or adjustments in equipment requirements, may result in an increase to the quoted amount. Such adjustments will be calculated in accordance with Company’s standard rates for the additional services, labor, transportation or equipment required. The Client hereby agrees to be responsible for and shall pay any additional charges arising from such changes. 
2. Prior Proposals/Quotes. Any quotes previously provided by the Company (“Quotes”) shall remain valid and applicable for the period specified on the Event Production Form. To the extent that the Quote was dependent on any equipment that is not available in the Company’s warehouses and is subcontracted/outsourced by the Company, the quoted prices are subject to fluctuation and may change depending on availability and pricing of such pieces of equipment. These fluctuations reflect changes in the costs incurred by the Company in subcontracting such equipment rentals. Accordingly, the rates provided for in the Agreement may vary from a previously issued Quote. Proposals, estimates and quotes previously provided were developed based upon information provided by the Client. Such Quotes are only an estimate of equipment and services to be provided in connection with the applicable event (“Event”). In the case where the actual amount of equipment, services and labor provided in connection with the Event is greater than the amount specified in the Agreement, Client shall be charged for such additional equipment, services and/or labor at prevailing standard rates of the Company. All pricing excludes sales tax, freight, shipping/handling and electrical charges (if applicable to the Event) which will be charged and due upon final invoice. Sales tax exempt entities must submit sales tax exemption certificates prior to the commencement of the Event. In the event tax exemption certificates are not received prior to the billing of the Event, sales tax will be due and payable at the time of final invoice. Client is solely responsible for ensuring that the venue will provide sufficient electrical power to fully accommodate all of the equipment to be used at the Event. To the extent that the venue charges a fee for such use of electrical power, all such fees shall be borne solely by the Client. Company shall have no liability if the equipment malfunctions or is not usable due to insufficient electrical power or other issues relating to electrical power.
3. Production Services. The production services may entail coordinating with the venue and affiliated parties, providing the equipment, providing the equipment trucking/transportation, providing the labor, as well as providing recordings of the event following the event, if such services are expressly provided for in writing (collectively, the “Production Services”).
4. Client understands and agrees that Company is making no representations or warranties whatsoever regarding the outcome of the Production Services, it being agreed that Company’s responsibility is merely to provide the labor, equipment and services. Company is not responsible for the results of the Production Services. Company will not be responsible or liable (and no refunds will be issued to Client) if Company or its personnel are unable to provide the contemplated services due to circumstances at the Event, including circumstances that Company or its personnel reasonably determine are unsafe. For example, if the staging area is, in Company’s reasonable determination, unsafe for the installation or placement of the equipment or if the projection is obstructed for whatever reason, Company will not be liable for any resulting injury or for Client’s inability to utilize or benefit from equipment or Production Services.
    

EQUIPMENT TRANSPORTATION ADDENDUM 

This Equipment Transportation Addendum is made part of the Agreement to the extent that Company provides transportation services relating to the rented items. This Addendum to the rental agreement (“Addendum”) supplements the Agreement between Client and Company.

1. Transportation Services. If Company and Client have agreed to the transportation services, the Rented Items will be transported to the venue location agreed to by the parties.
2. Transportation Fee. Company and Client will agree on a transportation fee in writing, which shall cover the cost of transportation of the Rented Items to and from the agreed upon venue location. In addition, the Client acknowledges and agrees that if the rented equipment is not ready and packed for loading at the venue location at the scheduled time of pickup, an additional fee per hour will be charged to the Client for the delay caused (the “Delay Fee”). The Delay Fee, as well as other fees and rates associated with Company’s services are listed on the Fees & Rates page (collectively, “Fees & Rates”). This additional fee compensates Company for the waiting time of the transportation personnel and any potential impact on the schedule of other deliveries and pickups. It is the Client’s responsibility to ensure that the equipment is prepared for pickup at the agreed-upon time to avoid incurring these additional charges.
3. Scheduling and Timelines. Company and Client will agree in writing (whether on this website or otherwise) to the delivery date/time and pickup date/time.
4. Responsibilities of the Company. The Company is responsible for the safe and timely transportation of the equipment. The Company shall ensure that the equipment is properly secured and protected during transit.
5. Responsibilities of the Client. The Client must ensure that the venue location is accessible and suitable for delivery and pickup of the equipment. The Client is responsible for any permits, approvals or access passes required for equipment delivery at the venue location. In the event that the Company is unable to deliver the equipment, or delivery is delayed, because the location provided by the Client is inaccessible or the Client fails to provide the necessary access required for delivery, the Client will be responsible for an hourly Delay Fee. This fee compensates for the waiting time incurred by the Company and any related costs due to the delay. Except to the extent that Client engages Company for associated labor, Client shall be responsible for loading and unloading the equipment from Company’s trucks.
6. Inspection of Equipment Upon Delivery. Promptly upon delivery of the equipment Client shall inspect all of the equipment and shall ensure that all the Rented Items have in fact been delivered. To the extent that any equipment (or associated casing) is missing or damaged (including minor damage or issues), Client shall promptly notify Company in writing. In the event of damaged equipment or casing, Client shall, together with such notice, send pictures of the damage at issue so that Company can properly document the damage.
7. Risk of Loss or Damage. The risk of loss or damage to the equipment during transportation lies with the Company until the equipment is delivered to the venue location. Upon completion of the event, the risk of loss or damage reverts to the Company once the equipment is loaded for return transportation.
8. Inspection Upon Return. Company will inspect the equipment within 48 working hours of return of the Rented Items to Company’s warehouse. Company will thereafter notify Client of any damage or of missing items, and Client will pay Company for the same in accordance with Fees & Rates schedule.
9. Limitation of Liability. The Company shall not be liable for any delays caused by circumstances beyond its reasonable control, including but not limited to delays resulting from weather conditions, traffic congestion, or road closures or restrictions. Notwithstanding any other provision in this Addendum or the Agreement, the total liability of Company to the Client in connection with the transportation services provided under this Addendum shall be strictly limited to the total amount paid by the Client to the Company for the transportation services hereunder. Under no circumstances shall the Company be liable to the Client or any third party for any indirect, incidental, consequential, special, or exemplary damages (including but not limited to loss of profits, loss of business, loss of opportunity, or punitive damages), even if the Company has been advised of the possibility of such damages. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. If Company fails to deliver the equipment and as a result of such failure Client does not utilize the equipment, then Company’s liability shall not, under any circumstances, exceed the deposit amount paid by Client for such undelivered equipment plus the amount paid by client under this Addendum.