Terms And Conditions

For any consulting, labor, or turn-key event support, these are the terms and conditions of service for your event/project with Evident Productions.

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PRICING

Pricing is provided for initial budgetary purposes only. It DOES NOT include any additional labor or items other than those specifically described on proposal and any estimates provided.  All changes, additions, revisions, modifications, or adjustments that are made will be added to final invoice.

Pricing for special-order items requested by client(s), or their representatives that are not in Evident’s inventory will be estimated using the best information available at the time of request and/or proposal. Evident reserves the right to adjust the final line-item price (either up or down) in these circumstances.

Labor rates could adjust from the initial proposal in following circumstances: specific engineer or technician is requested by the client, or if market rates adjust for and Evident cannot fill the position under the proposed initial rate to the client. Other increases may be incurred due to items excluded from the initial proposals or estimates.  These items include, but are not limited to:

  • Misc. equipment and/or expendable add-ons by client
  • Additional shipment or client properties and items after initial shipment has left Evident’s facilities, and/or vendors which Evident may use for the project.
  • Additional labor requested on show site by client.
  • All overtime labor will be billed at close of show based on actual hours worked according to the labor billing policy of Evident.
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LABOR AND RENTAL PERIOD, CANCELLATION, AND EXTENSIONS

The minimum rental period is one day. Client may cancel their order 30 (thirty) days prior to the commencement of the rental period with no penalty, with exception of special-order nonrefundable items.  Cancellations less than 30 (thirty) days but greater than 2 (two) weeks, all out of pocket expenses incurred by Evident will be charged. This includes pre-production, site survey costs, and any special nonrefundable orders.

After the time of 2 (two)weeks prior to the project, Client is responsible for 100% of the fees.  This includes all labor and logistical fees which were included with the initial proposal/estimate. To avoid inconvenience to other clients, any extension of the labor and/or rental period must be arranged prior to termination of the original rental period. Evident reserves the right to deny the extension based on other scheduling and availability of labor and equipment which may be requested for the extension.

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ON SITE CHANGES

Although every effort will be made by Evident’s staff to plan to maintain time budgets, and what will be needed for the Client’s event, on-site changes due to logistics, client requests, and venue restrictions may require additional costs determined on-site. The client agrees to, and understands completely that these on site changes will be reflected in the final invoice. The client also agrees that the associated additional charges will be paid in their entirety at the time of the payment terms agreed to in these Terms and Conditions with Evident. Evident will not be held responsible, liable, or absorb any of these costs associated with the event and based on decisions that were made which delineate from the initial estimate and costs for production.

Written approval via signed additional Purchase Orders, e-mail requesting add-ons, or other acknowledgement by the client may be requested by Evident prior to engagement of anything that may incur additional costs.

Furthermore, immediate payment of on-site changes may be requested of the client by Evident for additional changes and their associated costs and expenses. These may include, but are not limited to, transportation logistics of equipment, additional labor, and equipment rental.

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SECURITY AND RISK OF LOSS

You as the Client are responsible to safeguard the equipment at all times, and ensure the security of any area of use or storage when not occupied. Adequate 24-hour security for all areas in which Evident equipment is being utilized and/or stored, from the time of move-in, to the time of move-out, will be needed. As the client you are responsible for any, and ALL, losses of equipment, or damage to the same during the entire duration of the event while equipment is on site. Evident reserves the right to charge current market value for any, and all necessary repair, or replacement costs of equipment stolen, lost, or damaged during your event. This is in addition to any rental of replacement equipment for additional projects which may or may not be related to the client, but require the equipment which was damaged or stolen. Should theft, or loss of equipment occur for any reason, these costs, if any, will be added to the final invoice.

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RESPONSIBILITY LIMITATION AND INDEMNITY OF PROJECT

Evident assumes no responsibility for circumstances beyond our control such as power failures, depletion of fuel reserves or malfunctioning of systems supplied by others or loss, damage or injury to Client or Client’s property, in any way connected with the operation or use of, defect in or failure of equipment rented hereunder.  Client is hereby advised that back up generators are recommended to ensure continuity of service.  In all cases, Evident’s liability is limited to the amount of the contract amount charged by Evident for the impaired service or equipment.  In no event shall Evident be liable for special, indirect, PUNITIVE or consequential LOSSES OR damages (INCLUDING, without limitation, LOSS OF revenue or PROFITS) EVEN IF EVIDENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH losses or DAMAGES.

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FORCE MAJEURE

Neither party will be liable for any damages or delays resulting directly or indirectly from (i) fire, embargo, strikes, Acts of God, civil unrest or insurrection, (ii) failure by vendors, subcontractors, or other suppliers to meet promised delivery dates, (iii) any law, ordinance, rule, regulation or order of any government authority, or (iv) any other cause or event beyond the parties' control.  If any of such events occurs, the delivery dates shall be extended for a reasonable length of time, which shall at least equal the period of such event.

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PAYMENT TERMS

Invoices shall be paid according to terms stated below in the Settlement Dates and Financial Due Times section. Default terms for new clients with projects requiring both labor and equipment provided by Evident are 100% (one hundred percent) up front, and due 14 (fourteen) days prior to any work started for the project. For labor only projects, default terms for clients is 50% (fifty percent) deposit of the proposal/estimate price up front prior to any preliminary project work start, with the remainder 50% (fifty percent), plus any additional charges and costs due 14 (fourteen) days after the last day of the project.

EVIDENT RESERVES THE RIGHT TO DELAY THE START OF WORK IF PAYMENT HAS NOT BEEN COMPLETED. ADDITIONAL TIME AND COSTS DUE TO DELAY OF PAYMENT WILL BE REQUIRED OF THE Client.

On-site add-ons and additions to labor may be required to be paid up front prior to their engagement by Evident for the client. This includes any and all additional equipment rentals, and labor.

After the on-time payment of your first event with Evident, you may apply for extended terms. Contact Evident for more information.

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SETTLEMENT DATES AND FINANCIAL DUE TIMES

A fifty percent 50% down payment on the production and/or event is required at initial contract signing and can be paid via check. This down payment is required no later than thirty (30) days and/or before initial preliminary work prior to start of any event work by Evident. All checks shall be made payable to Evident Productions, Inc..

Upon completion of the event the final fifty percent (50%) along with any and all additional costs agreed to be needed and/or used by both Evident and the Client, and any other additional costs incurred by Evident Productions for the Client and this event shall be presented NO LATER THAN 14 DAYS AFTER THE FINAL DAY this contract has ended.

Additional payment methods can be arranged, but may incur additional handling and processing fees. Please contact us for more information at least 7 days prior to your payment and settlement due dates so that we can do our best to accommodate your preferred payment method.

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OBLIGATIONS AND PURSUANCE OF LAWFUL DISPUTE(S)

These terms and conditions along with the rights and obligations of the client/client and Evident shall be construed pursuant to the laws of the State of Nevada in the United States of America. Furthermore, all obligations hereunder are deemed performable in Las Vegas, Nevada. Exclusive venue for all disputes relating to these terms and conditions shall reside in a court of competent jurisdiction located in Clark County, Nevada, United States of America.

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INDEMNIFICATION

Client will indemnify and hold harmless Evident, its officers, directors, employees, and agents from and against any and all claims, judgments, damages, cost or expense (including reasonable attorney fees), arising out of, or occasioned by, the maintenance, use and/or operation of the equipment under this Agreement including but not limited to the misuse, improper use, unauthorized alteration, improper maintenance, or negligent handling of Evident’s equipment.

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CLIENT CANCELLATION RIGHTS AND TERMINATION OF PROJECT

Client has the right to terminate the contract by Evident at any point UP TO thirty (30) days prior to the event. This does not negate any and all financial obligations and duties established herein. Client furthermore does not hold Evident liable for any financial costs, or losses related to, and in conjunction with the associated preliminary time, labor, rental, and other production costs. In the event it is necessary to cancel the function prior to the scheduled opening due to a Force Majeure Event, or otherwise decided by client, and/or Evident, Evident shall be reimbursed for all actual direct costs incurred by Evident prior to the date of cancellation. Client agrees to pay these costs, and expenses according to the SETTLEMENT DATES AND FINANCIAL DUE TIMES section listed above.

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EVIDENT CANCELLATION RIGHTS AND TERMINATION OF PROJECT

  1. 1. The client should fail to fulfill any of the terms and conditions provided herein and/or agreed to prior to engagement of contract. Evident Productions may elect to cancel the engagement, relinquishing Evident from ANY AND ALL further liability.
  2. 2. Evident shall be entitled to retain any deposits paid by the Client, in addition to Evident other legal fees and equitable remedies.
  3. 3. Any member of Evident contracted for the show shall die, become ill, or incapacitated for any reason.
  4. 4. In Evident judgment, performance of the engagement may directly expose any contractor, sub-contractor, any employee of Evident or any other portion of the staff and crew, to danger of death or injury or civil strife of any kind, condition, national or local state of emergency, fire or other event or condition of any kind or character, or act of God (a.k.a.- Force Majeure).
  5. 5. Performance of any and all of Evident proposed obligations becomes impossible or impractical by any reason of strike, civil unrest, fuel rationing, unforeseeable act or order of any contractor or subcontractor or of any public authority, epidemic, dangerous weather, or act of God (a.k.a.- Force Majeure).

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NOT A PARTNERSHIP

Nothing herein contained shall ever be construed as to constitute the parties hereto for a partnership, or joint venture. Evident shall not be liable in whole, or part, for any obligation that may be incurred by the Client in the Client's carrying out of the provisions hereof, or otherwise.

In the event of any inconsistency in understanding or regarding this event, the provisions of this contract, and/or any addendum's signed and approved by both the Client and Evident shall be the final word.

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ACCEPTANCE OF TERMS AND ENTIRE UNDERSTANDING

These terms, when accepted by Client by way of making deposit and/or initial payments for their project/event, shall constitute the entire agreement between the parties relating to this proposal and the goods and services provided pursuant hereto, and shall supersede all previous communications or understanding between client and Evident with respect to the subject matter hereof. This agreement shall be construed, in accordance with the laws of the State of Nevada in the United States of America. The Client shall not have the right to assign or re-assign this agreement or any provision thereof, or delete its duties or obligations under this agreement.

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LABOR BILLING POLICY

If you need further information as to how we built for rates and positions for projects, we encourage you to take a look at our Labor Billing Policy page

Thank you for choosing Evident. We look forward to working with you on your project!

Click here to find out about how we bill for our labor and other associated costs for projects.

Do you have questions? Contact us to start talking about how we can work with you to make your project a success.