Terms & Conditions

Live Event Production and Equipment Rental Terms

1. Agreement and Acceptance

The approved proposal, these Terms, and any written change orders constitute the complete agreement between Pro Media Systems (“Company”) and the client identified in the proposal (“Client”). Signing the proposal, issuing a purchase order, paying a deposit, approving by email, or authorizing Company to begin work constitutes acceptance. If these Terms conflict with a specifically negotiated provision in the proposal, the proposal controls.

2. Scope and Changes

Company will provide the equipment, personnel, transportation, and services described in the proposal. Additional equipment, labor, overtime, schedule changes, or services requested by Client will be charged at Company’s applicable rates. Material changes require written approval, including approval by email from an authorized Client representative.

3. Payment

Payment is due according to the terms stated in the proposal. Client is responsible for applicable taxes and approved additional charges. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, together with reasonable collection costs.

4. Cancellation and Postponement

Upon approval, Company may reserve equipment, schedule personnel, and enter into binding third-party commitments. If Client cancels or postpones the event for any reason other than Company’s material breach, Client remains responsible for:

1. Nonrefundable or noncancelable vendor deposits and commitments;
2. Labor and services performed through the cancellation date; and
3. Other documented costs incurred specifically for the event.

A postponement will be treated as a cancellation unless otherwise agreed in writing. If cancellation occurs after equipment has been dispatched or onsite work has begun, the full proposal amount is due. These obligations survive cancellation and remain subject to the proposal’s payment terms. Company will make reasonable efforts to reduce cancellation costs and will credit Client for refunds actually received from third parties.

5. Client and Venue Responsibilities

Client will provide accurate schedules, floor plans, event information, timely venue access, suitable loading areas, adequate electrical power, internet service when required, permits, rigging approvals, weather protection, security, and a safe working environment unless specifically included in Company’s scope. Client is responsible for delays, standby time, or additional costs caused by Client, the venue, performers, attendees, or other vendors.

6. Equipment and Personnel

Company and its authorized personnel will operate Company-provided production equipment unless otherwise agreed. Client will not move, modify, connect to, or permit unauthorized use of equipment. Company may substitute equipment of comparable professional quality when reasonably necessary. Company may suspend or discontinue work when conditions are unsafe, unlawful, or may damage equipment or endanger personnel.

7. Security, Loss, and Damage

Client will provide reasonable security for equipment at the venue, including front-of-house and other publicly accessible positions. Client is responsible for documented repair or replacement costs arising from loss, theft, misuse, unauthorized operation, or damage caused by Client, the venue, attendees, performers, or third parties under Client’s control. Client is not responsible for ordinary wear, equipment defects, or damage caused by Company personnel.

8. Equipment or Third-Party Failure

If Company equipment fails, Company may repair or replace it with comparable equipment or reasonably adjust the affected charge. Company is not responsible for failures of venue systems, utilities, internet service, artist equipment, house systems, or other third-party services outside Company’s control. Company does not guarantee a particular artistic, attendance, broadcast, or commercial result.

9. Insurance

Each party will maintain insurance appropriate to its operations. When reasonably requested in the proposal, Client will provide evidence of event liability or property coverage and name Company as an additional insured for claims arising from Client’s event operations. Event cancellation insurance is Client’s responsibility.

10. Indemnification

Each party will defend and indemnify the other from third-party claims, damages, and reasonable costs to the extent caused by that party’s negligence, willful misconduct, or material breach of this agreement. Client’s responsibility also includes claims arising from Client-provided content, performers, attendees, venue conditions under Client’s control, or unauthorized equipment use. Neither party is required to indemnify the other for the other party’s negligence or willful misconduct.

11. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, including lost profits or lost business. Company’s aggregate liability arising from the event will not exceed the amount paid or payable to Company under the applicable proposal. These limitations do not apply to gross negligence, willful misconduct, bodily injury, or liability that cannot legally be limited.

12. Events Beyond Either Party’s Control

Neither party is liable for delay or inability to perform caused by circumstances beyond its reasonable control, including severe weather, government action, labor disruption, transportation interruption, utility failure, public emergency, or venue closure. Client remains responsible for work performed and nonrecoverable commitments already made. The parties will work in good faith toward rescheduling when reasonably possible.

13. General Terms

Company may use qualified employees, independent contractors, and equipment providers to perform the work. Neither party may assign the agreement without written consent, except as part of a business transfer. If any provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. The agreement is governed by the law of the state where Company’s principal office is located, and disputes will be brought in the corresponding county unless the proposal states otherwise.

Terms & Conditions

Commercial Systems Integration Terms

1. Agreement and Acceptance

The approved proposal, scope of work, drawings or specifications expressly incorporated into it, these Terms, and written change orders constitute the complete agreement between Pro Media Systems (“Company”) and the client identified in the proposal (“Client”). Signature, purchase order, deposit, email approval, or authorization to proceed constitutes acceptance.

2. Scope of Work

Company will furnish and install only the equipment and services specifically described in the proposal. Work not expressly included is excluded. Unless stated otherwise, exclusions include architectural or engineering services, structural modifications, electrical branch circuits, network administration, permits, patching, painting, hazardous-material remediation, union labor, lifts, scaffolding, and after-hours work.

3. Pricing and Payment

Client will make deposits, progress payments, and final payment according to the proposal. Client is responsible for applicable taxes, permits, freight, storage, and approved changes unless included in the quoted price. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, together with reasonable collection costs. Company may suspend procurement, installation, programming, or support when payment is overdue.

4. Procurement, Cancellation, and Returns

Once approved, Company may order equipment and commit labor specifically for the project. If Client cancels or postpones the project, Client is responsible for work performed, specially ordered or nonreturnable equipment, manufacturer cancellation charges, restocking fees, committed labor, freight, storage, and other documented project costs. Client will receive credit for refunds actually obtained by Company.

5. Changes

Changes to equipment, quantities, design, schedule, site conditions, or installation requirements must be documented in a written change order. Company is not required to perform changed or additional work until the price and schedule impact are approved. Emergency work requested by an authorized Client representative may be documented after the request.

6. Site Conditions and Client Responsibilities

Client will provide safe and timely access, secure onsite storage, suitable electrical power, functional network infrastructure, required credentials, approved pathways, accurate building information, and coordination with the owner, architect, general contractor, electrician, IT department, and other trades. Client is responsible for concealed or unknown conditions, hazardous materials, code deficiencies, and delays caused by others.

Company may stop work if conditions are unsafe, inaccessible, unlawful, or materially different from the information provided. Resulting delays and reasonable additional costs will be treated as a change.

7. Schedule and Delays

Project dates are based on timely approvals, payments, site readiness, product availability, and coordination with other trades. Company is not responsible for manufacturer shortages, shipping interruptions, permit delays, Client changes, site unavailability, or delays caused by other contractors. Company will provide notice of material delays and make reasonable efforts to minimize their effect.

8. Equipment and Substitutions

Company may propose comparable substitutions when specified products become unavailable, discontinued, or materially delayed. Material substitutions require Client approval. Title to uninstalled equipment remains with Company until paid for in full, to the extent permitted by law. Client is responsible for loss or damage to equipment placed in Client-controlled storage, except when caused by Company personnel.

9. Testing and Acceptance

Substantial completion occurs when the system is operational for its intended use, even if minor punch-list items remain. Client will identify deficiencies in writing within ten business days after demonstration or beneficial use. Company will correct covered deficiencies within a reasonable period. Use of the completed system without written notice of material deficiencies constitutes acceptance.

10. Warranty

Company warrants its installation workmanship for one year after substantial completion unless the proposal states a different period. Company’s obligation is limited to correcting defective workmanship.

Manufacturer warranties are passed through to Client to the extent permitted. The warranty excludes normal wear, consumables, misuse, unauthorized modifications, accidents, environmental conditions, power problems, network failures, cybersecurity incidents, third-party equipment, software updates, and work performed by others. Warranty service does not include redesign, training, routine maintenance, or changes in Client requirements.

11. Software, Networks, and Programming

Client is responsible for software subscriptions, license renewals, internet service, network security, backups, and compliance with third-party license terms unless specifically included. Company is not responsible for failures caused by Client networks, cloud services, manufacturer platforms, unsupported updates, malware, or third-party changes.

Company retains ownership of its pre-existing designs, programming tools, templates, code libraries, and methods. After full payment, Client receives a nonexclusive license to use project-specific programming and documentation with the installed system.

12. Service and Support

Ongoing monitoring, preventive maintenance, remote support, software administration, and service after the warranty period are not included unless stated in the proposal or covered by a separate support agreement. Billable service will be charged at Company’s then-current rates.

13. Safety and Insurance

Each party will maintain legally required and commercially reasonable insurance for its operations. Client will maintain property insurance for the project site and installed equipment. Company may require certificates of insurance or additional-insured status when project conditions reasonably warrant it.

14. Indemnification

15. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, including lost profits, loss of use, loss of data, or business interruption. Company’s aggregate liability will not exceed the amount paid or payable under the applicable proposal. These limitations do not apply to gross negligence, willful misconduct, bodily injury, or liability that cannot legally be limited.

16. General Terms

Company may use qualified employees, subcontractors, and suppliers. Neither party may assign the agreement without written consent, except as part of a business transfer. If any provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. The agreement is governed by the law of the state where Company’s principal office is located, and disputes will be brought in the corresponding county unless the proposal states otherwise.