AMPâD Entertainment, Inc.
RENTAL, SALES, LABOR & REPAIRS CONTRACT TERMS AND CONDITIONS
RENTAL & PURCHASE
1. AMPâD Entertainment, Inc., uses great care to have all equipment in exceptional working order and repair, gives no warranty, expressed or implied, as to condition or quality of any other matter of any equipment rented, and in no way will be responsible for damages resulting while in users possession. All returns will be subject to change. LESSEE is responsible for all damages while in possession of equipment.
2. RENTAL RATES and PERIODS. Rental rates are established for single day, single week and/or for longer periods. All charges are based on the time the item is in LESSEEâS possession, whether in use or not. A) DAILY: applies where equipment is taken after 1:00pm and returned before 1:00pm of next business day. B) WEEKLY RATE: all equipment taken on basis of weekly rate must be returned before 1:00pm on first business day of the expiration of the rental period. C) MONTHLY RATE: all equipment taken on basis of monthly rate must be returned before 1:00pm on the first business day of the expiration of rental period.
3. LESSEE agrees to return rental equipment to AMPâD Entertainment in good working order, upon demand, and if not returned within twenty-four hours, AMPâD Entertainment may, without prior consent, or court order, enter upon LESSEEâS premises to repossess all, or part, of its equipment whenever it deems necessary. AMPâD Entertainment may inspect equipment at any time, observe or remove same from any premises, and LESSEE shall not remove said equipment from job location at any time without written authority from AMPâD Entertainment.
4. LESSEE agrees that the DAILY RATE shall apply where equipment is not returned at time agreed, and ADDED CHARGES will be made for each day, or part thereof, that LESSEE keeps equipment after specified period.
5. LESSEE agrees to pay promptly the replacement retail value for any equipment, which may be lost or returned in damaged condition within 10 business days of being invoiced.
6. LESSEE agrees not to release or re-deliver said equipment to any other person, firm or corporation without the written consent of AMPâD Entertainment. Title to rental equipment shall at all times be in AMPâD Entertainment, Inc., and this transaction is a bailment only.
7. The LESSEE agrees to insure said property against all risks of loss or damage in a sum of not less than the total aggregate equipment value or the actual current retail value of such equipment, with an insurance carrier acceptable to AMPâD Entertainment and, at the option of AMPâD Entertainment, to supply a certificate of insurance for same. LESSEE hereby assumes the entire risk of loss, damage or destruction of equipment from any and every cause whatsoever commencing with delivery of said equipment to LESSEE, and LESSEE shall (except to the extent proceeds of insurance provided by LESSEE cover such loss) at AMPâD Entertainmentâs option (a) repair fully such item (b) pay AMPâD Entertainment all unpaid rental and/or current equipment replacement value in cash (c) replace such item with a like item acceptable to AMPâD Entertainment, or such combination of the above.
8. LESSEE/PURCHASER agrees to operate said equipment only in the manner for which it was intended. LESSEE agrees not to attempt to make any repairs or alterations of any nature, kind or description and if rental equipment becomes inoperative, AMPâD Entertainment is to be notified at once.
9. LESSEE/PURCHASER acknowledges that there is no guarantee on LAMPS. LESSEE agrees to pay full value for lamps broken or damaged from any cause. All burned out rental lamps must be returned, or Customer will be charged full replacement value for lamp.
10. The LESSEE/PURCHASER agrees that AMPâD Entertainment, Inc., is not liable for any personal injuries or other damage sustained by the sale or rental of this property while using the equipment by this rental/purchase agreement. The LESSEE/PURCHASER further agrees to keep AMPâD Entertainment and its employeeâs and interests free and harmless from any loss, damage, responsibility or obligation sustained by the LESSEE/PURCHASER, or any other person due to use of this equipment.
11. The LESSEE/PURCHASER agrees that any costs, claims or attorneyâs fees, or liability resulting from or arising out of the use of the herein described equipment, directly or indirectly, will be paid by the LESSEE/PURCHASER regardless of the claimant or claimants who institute the action; LESSEE/PURCHASER further agrees that if action be instituted to enforce any provision of this agreement he will pay such sums as the court may fix as court and attorneyâs fees.
LABOR
12. There is a 5-hour minimum on all calls. Certain technical positions are subject to an 10-hour minimum.
13. The first 10 hours of a workday are billed at straight time (1x). Hours 10 to 12 are billed at time and half (1.5x), and all hours after 12 hours are billed at double time (2x).
14. An unpaid break of 90 minutes or more constitutes a new call.
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15. A 15-minute on the clock rest period is required every 2-3 hours.
16. A meal break is required no earlier than the 3rd hour and no later than the end of the 5th hour. Meal breaks are required every 5 hours thereafter. Meal breaks are either 1-hour off the clock, or 30 minutes on the clock with meal provided by the client. There is a 2-hour minimum after returning from a 1-hour meal break.
17. If above meal break conditions are not met, the crew will incur a meal penalty of 1-hour minimum straight time (1x) for each hour or part thereof until given a qualifying meal break or until the shift is cut.
18. Our workweek is Sunday 4am to Sunday 3:59am.
19. An 8-hour turnaround is required to begin a new workday, between calendar days. If there is less than an 8-hour turnaround, the crew for that day is billed starting at time and half (1.5x) and will proceed into double time (2x) after the eighth hour.
20. A working Crew Lead is required on all calls.
21. A working Crew Chief is required on calls with a crew of eight (8) or more, or as directed by the project requirements.
22. An Onsite Labor Coordinator in ADDITION to a working Crew Chief is required on calls with a crew of twelve (12) or more, or as directed by the project requirements.
23. Parking charges are not included in any rates. Any parking charges incurred are the responsibility of the client. If not validated or otherwise paid for onsite, parking charges incurred will be included on the final invoice of each event.
24. Locations outside of our normal coverage area are subject to additional drive time and travel charges. a. This is defined as anywhere beyond 45 miles (as the birds fly) from the AMPâD Entertainment headquarters and will be assessed on a case by case basis.
25. Client shall provide a drink station with cool/cold water for crew. It shall be replenished as needed and available at the beginning of the call time and remain available until the end of all shifts. When working outdoors, client shall provide an appropriately shaded area for crew breaks.
26. A deposit is required to confirm crew. Please refer to the Quote and/or Deposit Invoice for deposit amount. If final invoice exceeds deposit, the balance is due within 10 days. A past due charge of 10% monthly or 2.5% per week will be accrued daily beginning the day after the event and based on the total balance due. a. Other terms may be established with AMPâD Entertainment and will be assessed on a case by case basis.
27. Cancellation Policy â Labor requests cancelled less than 48 hours before the 1st scheduled shift are subject to a 5 hour minimum charge per general crew member & 10 hour minimum charge on all upper-level positions (i.e. A1, A2, V1, V2, L1, M/E, etcâŚ). Labor requests cancelled less than 24 hours before the 1stscheduled shift are subject to the full agreed contracted charge for labor. a. Cancellation of labor and crew on projects outside of AMPâD Entertainmentâs general working region of Southern California may be subject to additional and/or different policies not stated within this document.
Client Initials:______
REPAIRS
28. Items received for repair will be charged at $120/hour with a one-half hour minimum charge per item.
29. The shipping of a defective device to AMPâD Entertainment, Inc., constitutes an order to carry out the repair work considered necessary by us, unless client declares otherwise.
30. Client understands that AMPâD Entertainment, Inc., will make every attempt to repair item to original working specifications using Brand Specific or OEM replacement parts.
31. Client agrees to AMPâD Entertainmentâs assessment of reasonable repair. If costs of repair exceed the cost of replacement, client agrees to allow AMPâD Entertainment to furnish new item in lieu of repairs made to damaged/broken items.
32. AMPâD will notify client of total estimated repair costs once item has been received and assessed. Client must supply approval prior to AMPâD commencing repair work. If Client declines the recommended repairs, client will be charged only for the time necessary for assessment (typically 1-hour) and item will either be returned at clientâs expense or discarded. Certain electronics items require a disposal fee. Client will be notified of such fees where applicable.
33. Repair orders for discontinued items are carried out based on availability of spare parts.
PAYMENTS
34. PAYMENTS â There is a $25.00 fee for all returned checks.
35. CREDIT CARDS – Credit Card Payments will be assessed a 4% administrative fee.
36.DEPOSITS – Certain projects will require payment in advance or a percentage deposit. Advance payments and depositsmust be received prior to release of any purchased gear or rented equipment.
37.LATE FEEâS â LESSEE/PURCHASER agrees to past due charges of 10% monthly or 2.5% per week, accrued dailybeginning the day after invoice due date.
38.Pricing and availability subject to inventory at time of confirmation of a quoted order.
39.All Quotes are valid for a period of 30-days from creation and subject to change after that until quote is confirmed bythe method of a submission of signed quote to AMPâD Entertainment, along with payment of deposit whereapplicable.
40.Our labor rates are all-in and inclusive of all payroll taxes, workersâ compensation insurance, administration andpayroll costs.
41.Lessee is responsible for all damages while in possession of leased equipment.
By signing the below, I fully understand and agree to comply with all terms and conditions set forth in the above âAMPâD Entertainment, Inc. Rentals, Sales, Labor & Repairs Terms and Conditionsâ. I also state that I have the given authority to make such decisions on behalf of the company and/or Individual listed below.
Company Name of Lessee or Purchaser __________________________________________________
Name (Printed): _____________________________________________________________________
Title: ______________________________________________________________________________
Signature:________________________________________________ Date:____________________
Please keep on file for all orders placed with AMPâD Entertainment, Inc.
Please keep on file for the following Order(s):_________________________________________________
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