Houston
ATH Terms and Conditions
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and ATH Productions, LLC (“ATH Productions,” “we,” “us,” or “our”) governing your access to and use of our website www.athproductions.com (the “Site”) and any services, rentals, or products provided by ATH Productions (collectively, the “Services”). By accessing our Site, requesting a quote, booking services, or otherwise engaging with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Services
ATH Productions is engaged in the business of providing professional event production services, including but not limited to audio, video, lighting, staging, truss, and related equipment rentals (collectively, the “Event Services”). The scope, specifications, and pricing of the Event Services shall be set forth in a written estimate, invoice, or service agreement issued by ATH Productions.
2. Estimates and Bookings
- Validity of Estimates. Written estimates issued by ATH Productions are valid for seven (7) calendar days from the date of issuance unless otherwise stated in writing. After the validity period expires, ATH Productions reserves the right to adjust pricing, availability, and terms.
- Deposits. A non-refundable deposit equal to fifty percent (50%) of the total estimated cost, or such other percentage as specified in writing, is required to confirm and secure the Services for a specific event date. No booking shall be deemed confirmed until the deposit has been received in cleared funds and a service agreement has been executed.
- Invoicing and Balance Due. Upon acceptance of the estimate, ATH Productions will issue an invoice reflecting the total cost of the Services. Deposits shall be credited toward the invoice total. The remaining balance must be paid in full no later than fourteen (14) calendar days prior to the scheduled event date, unless otherwise agreed in writing.
- Execution of Agreement. All bookings are subject to a written agreement, which may be executed electronically or in hard copy. The terms of such agreement shall control in the event of any conflict with these Terms.
3. Payments
- Accepted Methods. ATH Productions accepts payments via credit card, ACH transfer, or check.
- Late Payments. Failure to remit payment by the required deadline may result in suspension of Services, cancellation of the booking, and/or imposition of late fees at the rate of 1.5% per month on all overdue amounts, or the maximum rate permitted by law, whichever is less.
- Non-Payment. In the event of non-payment, ATH Productions reserves the right to pursue all remedies available at law or in equity, including recovery of reasonable attorneys’ fees and collection costs.
4. Cancellations and Rescheduling
- Client Cancellations. All cancellations must be made in writing and acknowledged by ATH Productions. Deposits are non-refundable. If cancellation occurs within thirty (30) days of the scheduled event, Client shall remain liable for one hundred percent (100%) of the total contract value, unless otherwise agreed in writing.
- Rescheduling. Requests to reschedule are subject to availability and may be approved or denied at the sole discretion of ATH Productions. Additional fees may apply.
- Company Cancellations. In the unlikely event ATH Productions cancels Services (other than for Client’s default), all deposits and amounts paid shall be refunded in full, which shall constitute Client’s sole and exclusive remedy.
5. Equipment Rentals and Responsibility
- Care and Custody. Client assumes full responsibility for all equipment rented or provided during the rental or event period, including loss, theft, or damage, whether caused by Client, its contractors, attendees, or other third parties.
- Condition of Equipment. Equipment must be returned in the same condition as received, reasonable wear and tear excepted. ATH Productions reserves the right to assess repair or replacement costs in the event of damage or loss.
- Unauthorized Use. Equipment may not be altered, relocated, sub-rented, or used for any purpose other than as expressly agreed.
6. Liability and Indemnification
- Limitation of Liability. To the maximum extent permitted by law, ATH Productions shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, arising out of or relating to the Services, equipment, or these Terms, even if advised of the possibility of such damages.
- Force Majeure. ATH Productions shall not be responsible or liable for any delay or failure in performance resulting from acts of God, labor disputes, government actions, equipment failure, acts of terrorism, natural disasters, or other causes beyond its reasonable control.
- Indemnification. Client agrees to indemnify, defend, and hold harmless ATH Productions, its officers, employees, and contractors, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Client’s use of the Services; (ii) damage to persons or property during the event; or (iii) breach of these Terms.
7. Intellectual Property
All content on the Site, including but not limited to text, graphics, images, logos, and media files, are the exclusive property of ATH Productions or its licensors. No rights are granted to Client except as expressly set forth in writing. Unauthorized reproduction, distribution, or use of ATH Productions’ intellectual property is strictly prohibited.
8. Website Use
You agree to use the Site only for lawful purposes and in compliance with all applicable laws. You shall not engage in any activity that could damage, disable, or interfere with the operation of the Site, or attempt unauthorized access to any systems or networks connected thereto.
9. Privacy
Your use of the Site is also governed by our Privacy Policy. By using our Site, you consent to the collection and use of your information as described therein.
10. Governing Law and Jurisdiction
These Terms, and any dispute arising hereunder, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Harris County, Texas, and each party irrevocably submits to the jurisdiction of such courts.
11. Amendments
ATH Productions reserves the right to amend, modify, or update these Terms at any time in its sole discretion. Changes will become effective upon posting to the Site. Continued use of the Site or Services after such changes constitutes acceptance of the revised Terms.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms, together with any signed service agreement, estimate, or invoice, constitute the entire agreement between Client and ATH Productions with respect to the subject matter herein, and supersede all prior or contemporaneous understandings, whether oral or written.
14. Contact Information
For questions about these Terms, please contact us at:
ATH Productions, LLC
? info@athproductions.com
? 713-854-8283
? www.athproductions.com