Terms & Conditions | Summit Production Co.

These Master Terms & Conditions, together with your Proposal, form the Agreement between Summit AV Group and the client for event production services and equipment. By signing a Proposal, remitting payment, issuing a purchase order or otherwise authorizing Summit AV Group to proceed, the client agrees to these terms.

1. Acceptance & Formation of Agreement

This Proposal, together with these Terms & Conditions (collectively, the "Agreement"), constitutes a binding Performance Agreement between Summit AV Group ("Summit AV Group") and the undersigned client ("Client").

Proposal Validity Unless otherwise stated, all Proposals remain valid for thirty (30) calendar days from the Proposal Date. Pricing, equipment availability, and labor holds are not guaranteed beyond this period.

Binding Nature This Agreement shall become binding and legally enforceable upon the earliest of: (a) receipt of the required deposit as specified in the Proposal or Section 2 of this Agreement; or (b) written confirmation by Summit AV Group that Client has approved credit terms on file, in which case issuance of a purchase order or written authorization to proceed shall constitute acceptance.

Execution of this Agreement by Client alone, without receipt of the required deposit, shall not constitute acceptance and shall not obligate Summit AV Group to reserve equipment, hold labor, engage subcontractors, or perform any services. Summit AV Group reserves the right to release all holds and reservations without notice if the required deposit is not received within fourteen (14) calendar days of Agreement execution.

Implied Acceptance Instructions to proceed with preparations, or the receipt of any payment, constitutes Client's full and irrevocable acceptance of all terms herein, regardless of whether a physical signature has been returned. Client expressly waives any claim that these Terms & Conditions were not received, reviewed, understood, or accepted prior to payment.

2. Deposits, Payment Terms & Late Fees

Deposit Requirements Unless otherwise stated in the Proposal, a non-refundable deposit equal to fifty percent (50%) of the total contracted amount shall be due within fourteen (14) calendar days of Agreement execution. Approved credit accounts or Net Terms clients may be exempt from deposit requirements at Summit AV Group's sole discretion.

Non-Refundable Deposits All deposits are non-refundable and are earned upon receipt. The parties acknowledge that deposits compensate Summit AV Group for labor scheduling, equipment reservation, project management, engineering, programming, design services, lost opportunity costs, and administrative expenses.

Final Payment Unless otherwise stated in the Proposal, all remaining balances are due seven (7) calendar days prior to the Event date. Failure to remit final payment may result in suspension of services, cancellation of equipment reservations, cancellation of labor reservations, and/or termination of this Agreement without refund.

Payment Not Contingent on Event Success Client's payment obligations under this Agreement are absolute and unconditional. They are not contingent upon Event attendance, ticket sales, revenue generated, sponsor performance, broadcast viewership, audience size, weather, or any other Event outcome or circumstance beyond Summit AV Group's direct control. Client's obligation to pay the full contracted amount survives regardless of whether the Event meets Client's expectations, achieves its commercial goals, or proceeds as planned.

Late Payments Any invoice not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month (18% annually), or the maximum amount permitted by law, whichever is less. Client shall also be responsible for all collection costs, court costs, and reasonable attorney's fees incurred in collecting any past-due amounts.

Insolvency In the event that Client: (i) becomes insolvent or is generally unable to pay its debts as they become due; (ii) makes an assignment for the benefit of creditors; (iii) has a receiver, trustee, or liquidator appointed for it or a substantial portion of its assets; (iv) commences a voluntary case under any bankruptcy or insolvency law; or (v) has an involuntary bankruptcy case filed against it that is not dismissed within thirty (30) days — then the entire unpaid balance owed to Summit AV Group under this Agreement shall become immediately due and payable in full without further notice or demand. Summit AV Group may immediately suspend or terminate services without refund upon the occurrence of any such event.

Chargebacks Client agrees not to initiate chargebacks for properly contracted services, deposits, approved change orders, or amounts otherwise due under this Agreement. In the event of a chargeback, Client shall remain responsible for all contractual amounts owed, chargeback fees, collection costs, attorney fees, arbitration costs, court costs, and administrative expenses incurred by Summit AV Group.

Credit Card Authorization Summit AV Group may require a valid credit card to remain on file. Client authorizes Summit AV Group to charge such card for: approved change orders, overtime charges, damage assessments, missing equipment, unpaid balances, collection costs, chargeback fees, and other amounts properly due under this Agreement. Credit card processing fees are non-refundable.

3. Scope of Services & Authorized Field Changes

Only equipment, labor, and services specifically listed in the Proposal are included. Any services not expressly included are excluded.

Authorized Field Changes Summit AV Group may accommodate additional requests made during the Event where practicable. Any such requests shall constitute an "Authorized Field Change." For purposes of this Agreement, any request, approval, instruction, schedule modification, labor extension, equipment addition, rigging modification, design approval, or other direction communicated by Client, Event Planner, Venue Representative, Production Manager, Technical Director, Stage Manager, Event Coordinator, or any individual reasonably appearing to possess authority over the Event shall be deemed authorized by Client. Additional charges resulting from Authorized Field Changes shall be invoiced after the Event and shall be immediately due and payable.

Client Approval of Drawings & Design Documents Floorplans, renderings, CAD drawings, equipment plots, signal flow diagrams, show files, and programming files provided by Summit AV Group and accepted or approved by Client — whether in writing or by proceeding with services based upon them — shall constitute Client-approved documents and shall serve as the definitive basis for project execution. Summit AV Group shall have no liability for outcomes that differ from Client's expectations where services were performed in conformance with approved documents. Ownership of all such documents remains with Summit AV Group at all times as further described in Section 22.

No Reductions No credits, refunds, reductions, or discounts shall be provided for equipment, labor, or services ordered but not utilized.

4. Exclusivity of Services

Summit AV Group shall be the sole and exclusive provider of all Audio, Video, LED Display, Lighting, Rigging, Power Distribution, and Production Services for the Event. No third-party vendor may provide overlapping services without prior written approval from Summit AV Group. Client shall not engage, permit, or allow any other vendor — including those hired by Client, planners, decorators, or entertainers — to provide services that overlap with or duplicate those provided by Summit AV Group.

Liquidated Damages for Exclusivity Breach Violation of this exclusivity provision shall constitute a material breach of this Agreement. In addition to Summit AV Group's right to suspend or terminate services without refund, Client shall be liable to Summit AV Group for liquidated damages equal to fifty percent (50%) of the total contracted amount, which the parties agree represents a reasonable estimate of losses — including lost profit, lost opportunity, and reputational harm — suffered by Summit AV Group as a result of such breach. Client shall remain liable for the full contracted amount in addition to such liquidated damages.

5. Labor, Hours & Overtime

Unless otherwise stated in the Proposal, labor shall be billed according to the Labor Calls reflected within the Proposal.

Labor Calls The scheduled start times, end times, crew sizes, labor durations, and staffing requirements reflected under the Labor section of the Proposal constitute the contracted Labor Calls. Labor hours disclosed within the Proposal and accepted by Client shall be deemed approved working hours.

Grace Period A thirty (30) minute grace period shall apply at the conclusion of each Labor Call.

Overtime Overtime shall only apply when labor extends beyond the contracted Labor Calls plus the applicable grace period due to Client requests, venue delays, vendor delays, schedule extensions, Authorized Field Changes, venue access restrictions, delayed load-in, or delayed load-out. Hours beyond the contracted Labor Call shall be billed at one and one-half (1.5x) times the applicable labor rate. Hours exceeding four (4) overtime hours shall be billed at double-time (2x).

Access Delays & Waiting Time Charges Any delay to Summit AV Group crew caused by venue access restrictions, elevator or freight dock unavailability, other vendor interference, decorator or planner conflicts, or Client schedule changes shall be billable at prevailing labor rates from the time of crew arrival. If Summit AV Group crew arrives for a scheduled load-out and equipment is not accessible, packed, or ready for removal, additional labor and transportation charges shall apply. Client acknowledges that crew waiting time represents real labor cost and shall not be credited or waived.

Meal Provision For labor calls exceeding six (6) hours, Client shall provide a hot meal for each crew member. If meals are not provided, a seventy-five dollar ($75.00) meal buyout fee per crew member shall be added to the final invoice.

Multi-Day Events If less than twelve (12) hours separates the end of one labor shift from the beginning of the next, Client shall provide hotel accommodations for each applicable crew member in reasonably close proximity to the Event location. Failure to do so shall result in Client reimbursing Summit AV Group for all accommodation expenses incurred.

6. Power, Utilities & Venue Conditions

Client shall provide safe, adequate, code-compliant power for all contracted services. Where venue power is unavailable or insufficient, Summit AV Group may provide temporary power solutions including generator units.

Generator & Temporary Power Disclaimer Where Summit AV Group provides or operates power generation units, Summit AV Group shall maintain and operate such equipment in accordance with accepted industry standards and practices. However, Summit AV Group makes no warranty or guarantee regarding uninterrupted generator performance. Generator units are mechanical devices subject to fuel supply variables, environmental conditions, load fluctuations, mechanical failure, and circumstances outside Summit AV Group's control. Summit AV Group shall not be liable for any generator failure, power interruption, voltage irregularity, or resulting equipment downtime, Event disruption, or damages of any kind, provided that Summit AV Group has exercised reasonable industry-standard care in the operation and maintenance of such units. Client is strongly encouraged to discuss backup power options with Summit AV Group prior to the Event for any mission-critical applications.

General Venue Power & Utility Disclaimer Summit AV Group shall not be liable for power outages, brownouts, voltage fluctuations, venue electrical failures, internet outages, network outages, HVAC failures, utility interruptions, or venue infrastructure failures, whether originating from venue systems or Summit AV Group-supplied generation. No interruption resulting from such conditions shall constitute breach of this Agreement.

Third-Party & Venue Interference Summit AV Group shall not be liable for service interruptions, performance degradation, or Event failures resulting from acts or omissions of venue staff, venue management, house audio/video/lighting systems, house internet or network infrastructure, decorators, florists, caterers, other entertainers, or any other third party present at or involved with the Event. Client assumes all risk associated with third-party interference beyond Summit AV Group's direct control.

7. Rigging & Structural Integrity

Client warrants that all required venue approvals, engineering documentation, structural certifications, and load ratings have been obtained prior to the Event. Summit AV Group may rely upon information supplied by the venue, engineer, architect, or Client, and shall not be liable for inaccuracies in such information.

Safety Authority The Summit AV Group Production Lead shall have final authority regarding all rigging and structural safety decisions. Summit AV Group reserves the absolute right to modify, reduce, suspend, or refuse rigging operations whenever conditions are deemed unsafe. Such action shall not constitute breach and shall not entitle Client to refunds or damages.

Rigging Indemnification Client agrees to indemnify and hold harmless Summit AV Group from all claims arising from venue-approved rigging points, structural failure, or inaccurate load data provided by Client or venue. This obligation is in addition to and not in limitation of the general indemnification set forth in Section 11.

8. Equipment Performance & Service Interruptions

Summit AV Group maintains equipment according to accepted industry standards. Summit AV Group does not warrant uninterrupted or error-free performance. In the event of equipment malfunction, Summit AV Group shall use commercially reasonable efforts to repair, replace, or provide suitable substitute equipment. Client acknowledges that live event production involves variables outside Summit AV Group's control. No equipment issue shall entitle Client to consequential damages.

9. Damage, Security & Dark Time

Client assumes full responsibility for all Summit AV Group equipment from delivery until physical removal by Summit AV Group. Client shall be responsible for all loss, theft, damage, destruction, misuse, vandalism, negligence, or unauthorized operation of equipment. This responsibility applies equally to actions of guests, attendees, decorators, florists, caterers, entertainers, venues, vendors, contractors, and all third parties.

Dark Time During periods when Summit AV Group personnel are not actively supervising equipment — including overnight periods — Client assumes full responsibility for equipment security. If professional security is not provided, Client assumes all risk of loss during such periods.

10. Equipment Inspection, Damage & Replacement Costs

Inspection Upon Delivery Client shall inspect all delivered equipment promptly upon delivery and prior to departure of Summit AV Group personnel. Client must report any shortages, visible damage, or discrepancies to Summit AV Group in writing no later than four (4) hours after taking possession of the equipment. Failure to provide written notice within this window shall constitute acceptance of the equipment as delivered in good working order and condition, free from damage or missing components.

Equipment Handling by Qualified Personnel Client represents and warrants that only personnel who are adequately trained, experienced, and knowledgeable in the proper operation of the applicable equipment will handle, operate, and use Summit AV Group equipment. Client agrees to ensure all equipment is used strictly in accordance with manufacturer guidelines and specifications. Client acknowledges that improper use or handling may result in damage or degradation, and agrees to be fully responsible for any resulting loss. Where Summit AV Group has provided equipment technicians to operate equipment at the Event, all hands-on operation must be performed exclusively by Summit AV Group personnel.

Tiered Damage Assessment Client shall be responsible for all repair costs, replacement costs, labor costs, shipping costs, programming costs, calibration costs, testing costs, loss of use damages, and substitute equipment costs for any damaged, lost, stolen, or destroyed equipment. Replacement value shall be determined based upon current market replacement cost. The following tiered fee schedule shall apply:

Minor Damage (superficial scratches, removed paint, excessively dirty or wet condition): A standard bench fee of $35.00 per item applies, covering cleaning, painting, and minor restoration.
Significant Damage (damage requiring extensive repair): A flat bench fee of $80.00 per item plus $65.00 per hour for labor. Client shall also pay the daily rental rate for each day the item is out of commission and unavailable for rental.
Missing Peripheral Items (cases, accessories, cables not independently listed with a daily rate): Client shall be assessed a daily rate equal to 1/25th of the replacement cost per day until recovered. Once accumulated charges equal full replacement cost, the item shall be deemed purchased by Client and no further daily charges shall accrue.

Summit AV Group's determination of whether damage is "minor" or "significant" shall be final and binding on Client.

Inspection Upon Return Summit AV Group will inspect all equipment within forty-eight (48) working hours of return to Summit AV Group's warehouse and will notify Client of any damage or missing items. Client shall pay for the same promptly upon invoice.

10A. Lawful Use of Equipment

Client shall use all equipment, services, software, networking equipment, wireless systems, generators, power distribution equipment, audiovisual systems, and related materials provided by Summit AV Group solely for lawful purposes and in compliance with all applicable federal, state, local, venue, and regulatory requirements.

Prohibited Uses Client shall not use, permit, authorize, or allow Summit AV Group equipment or services to be used for any unlawful, fraudulent, unauthorized, dangerous, offensive, or prohibited activity. Without limitation, Client shall not use Summit AV Group equipment or services in connection with:

Criminal activity of any kind;
Fraudulent activity;
Unauthorized surveillance or recording of individuals;
Violations of copyright, trademark, licensing, or intellectual property laws;
Unauthorized wireless transmissions or frequency use;
Violations of FCC regulations;
Unsafe electrical practices or violations of electrical codes;
Activities violating venue policies, governmental regulations, or permit requirements; or
Any activity that could expose Summit AV Group to legal liability, regulatory action, reputational harm, or financial damages.

Client Permit Responsibility Client assumes sole responsibility for obtaining all permits, licenses, approvals, permissions, authorizations, performance rights, music licenses, broadcast rights, venue approvals, and governmental approvals required for the Event.

No Liability for Unlawful Use Summit AV Group shall have no responsibility or liability whatsoever for any unlawful, unauthorized, or improper use of equipment or services by Client, attendees, guests, vendors, venue personnel, contractors, or third parties. Summit AV Group reserves the immediate right to suspend or terminate services without refund if Summit AV Group reasonably believes equipment or services are being used in violation of applicable laws, regulations, permits, venue requirements, or this Agreement. Client's indemnification obligations with respect to unlawful use are set forth in Section 11.

11. Indemnification

Client shall indemnify, defend, and hold harmless Summit AV Group and its owners, officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

Client's use, operation, or possession of Summit AV Group equipment;
Any injury to persons or damage to property caused by or in connection with the equipment while in Client's possession or control;
Client's breach of this Agreement;
The acts or omissions of Client, its employees, agents, guests, invitees, or vendors;
Venue conditions, third-party interference, or Event circumstances beyond Summit AV Group's control;
Unlawful use, unauthorized recordings, copyright infringement, music licensing violations, FCC violations, permit violations, privacy violations, or other regulatory violations associated with the Event; or
Claims by Event attendees, participants, or third parties arising from or related to the Event.

This indemnification obligation shall survive the termination or expiration of this Agreement.

12. Insurance Requirements

For Events where the total contracted amount equals or exceeds five thousand dollars ($5,000.00), or where Summit AV Group requests coverage in writing regardless of contract value, Client shall maintain, at its own expense:

Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate; and
Property insurance or an Inland Marine policy sufficient to cover the full replacement value of all equipment rented or used under this Agreement.

Client shall name Summit AV Group as an additional insured on Client's general liability policy and as a loss payee on Client's property/inland marine policy. Client shall provide Summit AV Group with a certificate of insurance (COI) evidencing such coverage prior to the Event. Failure to provide proof of insurance shall not relieve Client of its obligation to maintain coverage or of its liability for loss or damage to equipment.

13. Force Majeure

Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond the reasonable control of the affected party, including but not limited to:

Acts of God (hurricanes, floods, earthquakes, lightning, tornadoes);
Fire or explosion;
Epidemic or pandemic;
Government order, mandate, or declared state of emergency;
Terrorism or acts of war;
Venue closure not caused by Client;
Strikes, labor disputes, or utility failures; or
Any other cause genuinely beyond the reasonable control of the affected party.

Client's financial difficulties, change of plans, reduction in expected attendance, sponsor withdrawal, or dissatisfaction with the Event shall not constitute a Force Majeure Event. The party seeking to invoke Force Majeure must provide written notice to the other party within forty-eight (48) hours of the occurrence. In the event of a Force Majeure Event, Client shall remain responsible for (i) all work already performed by Summit AV Group and (ii) any non-refundable third-party costs committed by Summit AV Group. Summit AV Group shall use commercially reasonable efforts to make equipment and labor available for a rescheduled event within twelve (12) months, subject to availability.

14. Music Licensing & Copyright Compliance

Client is solely responsible for obtaining all necessary music performance licenses, synchronization licenses, broadcast licenses, and any other intellectual property licenses required for the Event, including but not limited to licenses from ASCAP, BMI, SESAC, or any other performing rights organization. Summit AV Group's provision of audio equipment, playback systems, streaming infrastructure, or related services does not include or imply any music licensing rights. Summit AV Group shall have no liability for any copyright infringement, license violations, or regulatory penalties resulting from Client's use of music or other copyrighted content at the Event. Client shall indemnify, defend, and hold harmless Summit AV Group from any claims, fines, or penalties arising from unlicensed music performance, unauthorized broadcast, or any other copyright or intellectual property violation at the Event.

15. Pyrotechnics, Special Effects & Third-Party Effects Vendors

If Client engages any third-party vendor to provide pyrotechnics, cold sparks, CO2 effects, confetti cannons, haze machines, fog machines, or any other special effects at the Event, Client assumes full responsibility for all resulting damage to Summit AV Group equipment, truss, rigging, LED panels, cables, and related gear. Client shall notify Summit AV Group in writing no less than fourteen (14) days prior to the Event of any planned special effects that will operate in proximity to Summit AV Group equipment. Summit AV Group reserves the right to require repositioning of equipment, additional protection measures, or to refuse operation of equipment in unsafe proximity to special effects. Costs associated with any such accommodations shall be borne by Client.

16. Drone Operations

Client shall notify Summit AV Group in writing no less than fourteen (14) days prior to the Event of any planned drone or unmanned aerial vehicle (UAV) operations. Summit AV Group shall not be responsible for any damage to its equipment, truss, rigging, LED walls, or personnel caused by drone operations conducted by Client, Client's guests, or any third-party drone operator engaged or permitted by Client. Client assumes full liability for all drone-related damage to Summit AV Group equipment and agrees to indemnify, defend, and hold harmless Summit AV Group from any claims arising from drone operations at the Event.

17. Preparation & Client Responsibilities

Client agrees to provide the following to allow for proper Event execution:

Site Visits: Requests for site visits may be subject to additional fees.
Floor Plans: Detailed floor plans indicating equipment and staging placement must be provided no later than thirty (30) days prior to the Event.
Final Itinerary: A final itinerary, including schedules, cues, and logistics, must be provided no later than fourteen (14) days prior to the Event.
Media Delivery: All playback media must be delivered no later than fourteen (14) days prior to the Event. Summit AV Group is not responsible for issues arising from late delivery or incompatible formats.
Venue Access: Client shall ensure adequate time for load-in, setup, and strike. Venue curfews shall supersede contracted end times.
Cleanup: Summit AV Group is responsible only for its own equipment removal. Venue cleanup is the responsibility of Client or venue.
Compliance: Venue fire and safety regulations may require Summit AV Group to modify services; such compliance does not constitute breach.

18. Termination by Summit AV Group

Summit AV Group may immediately suspend or terminate services without refund if Client: materially breaches this Agreement; interferes with Summit AV Group staff or their professional duties; creates or permits unsafe working conditions; fails to provide necessary access, power, approvals, or travel requirements; engages unauthorized vendors in violation of Section 4; or uses or attempts to use Summit AV Group equipment for unlawful purposes in violation of Section 10A. In the event of such termination, Client shall remain liable for the full contracted amount.

19. Event Cancellation by Client

Cancellation by Client is subject to the following charges based on the number of days prior to the earliest Event date. All cancellation notices must be in writing.

91+ Days Prior: Client is responsible for the non-refundable deposit and any incurred costs (custom builds, sub-rentals, advance labor).
90 to 61 Days Prior: Client is responsible for 50% of the total contracted amount.
60 to 15 Days Prior: Client is responsible for 75% of the total contracted amount.
14 Days or Fewer Prior: Client is responsible for 100% of the total contracted amount.

Specialty Equipment For rentals or productions that include specialty, custom-configured, or limited-availability equipment designated by Summit AV Group at time of quotation, a non-refundable reservation fee equal to 50% of such specialty equipment charges shall apply immediately upon order confirmation, regardless of cancellation timing.

Postponement Postponement shall be treated as a cancellation of the original date and execution of a new Agreement. Summit AV Group may, at its sole discretion, apply some or all previously paid amounts toward the rescheduled Event, subject to equipment and labor availability and current prevailing rates.

Force Majeure Cancellation If the Event cannot proceed due to a Force Majeure Event as defined in Section 13, Client shall not be liable for cancellation charges beyond work already performed and non-refundable third-party costs committed by Summit AV Group, provided Client provides written notice within forty-eight (48) hours of the Force Majeure Event.

20. Safety, Weather & Rain Plans

Summit AV Group's Lead Technician has final authority to cease operations or strike equipment if weather conditions — including sustained winds exceeding 20 mph, lightning within the vicinity, or rain — pose a risk to life, property, or equipment. For outdoor events, a Rain Plan (tent coverage or indoor backup) must be finalized forty-eight (48) hours prior to load-in. Without an adequate Rain Plan, Client remains liable for 100% of the contract if weather prevents performance.

21. Travel, Flights & Accommodations

Air Travel: Flights exceeding three (3) hours must be Business Class or First Class. Itineraries must be confirmed fourteen (14) days prior to the Event.
Ground Transportation: Professional private ground transportation is required for all travel.
Lodging: Hotel accommodations must be located at or within five (5) miles of the venue. All crew members must be housed in the same hotel as the Production Lead.

22. Intellectual Property, Design & Proprietary Files

Summit AV Group retains sole and exclusive ownership of all intellectual property created in connection with the Event, including but not limited to production designs, lighting plots, custom CAD drawings, signal flow diagrams, show files, programming files, and technical configurations (collectively, "Proprietary Files"). All Proprietary Files remain the property of Summit AV Group at all times, before, during, and after the Event.

Limited License Client is granted a limited, revocable, non-exclusive, non-transferable license to use Proprietary Files solely for the purpose of reviewing, approving, and executing the contracted scope of work for this specific Event. This license expires automatically upon conclusion of the Event.

Restrictions Client shall not retain, reproduce, share, transfer, resell, or use any Proprietary Files — in whole or in part — for any future event, project, proposal, or purpose without the express prior written consent of Summit AV Group. Upon request by Summit AV Group, Client shall promptly return or confirm destruction of any Proprietary Files in Client's possession following the Event.

23. Media Ownership & Marketing Rights

Summit AV Group retains unrestricted rights to capture and use photographs and video of the Event for marketing, promotional, portfolio, and social media purposes. No further approval or compensation is required. Client consents to Summit AV Group's use of Event imagery for these purposes.

24. Non-Solicitation of Personnel

Client shall not directly or indirectly solicit, recruit, or hire any Summit AV Group employee or contractor for a period of twelve (12) months following the Event. In the event of breach, Client shall pay Summit AV Group a placement fee equal to fifty percent (50%) of the individual's annual compensation as liquidated damages, which the parties agree represents a reasonable estimate of Summit AV Group's recruitment and training costs.

25. Client-Vendor Relationship & Service Expectations

Summit AV Group's obligation is limited to the equipment and services expressly outlined in the Proposal. Promotional materials may depict enhanced conditions; actual Event outcomes may vary based on venue environment and selected services.

Notice of Dissatisfaction Any dissatisfaction must be submitted in writing via email within five (5) business days following the Event. Failure to provide timely notice constitutes a waiver of such claims.

Non-Disparagement Client agrees not to knowingly make false or misleading statements regarding Summit AV Group's services, personnel, or reputation.

26. Limitation of Liability

Summit AV Group's total aggregate liability for any claim arising under this Agreement shall not exceed the total amount actually paid by Client to Summit AV Group under this Agreement. Summit AV Group is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, loss of opportunity, reputational harm, or punitive damages, even if Summit AV Group has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, and misrepresentation. This limitation shall not apply to liability arising from Summit AV Group's gross negligence or willful misconduct, as finally determined by a court of competent jurisdiction.

27. Dispute Resolution & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any dispute arising out of or relating to this Agreement shall first be submitted to non-binding mediation. If mediation fails, the dispute shall be resolved by binding arbitration administered in Middlesex County, New Jersey; provided, however, that Summit AV Group retains the right to pursue collection of undisputed amounts up to ten thousand dollars ($10,000.00) in small claims court without first proceeding through mediation or arbitration. In any action to enforce this Agreement or collect amounts due, the prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and collection expenses from the non-prevailing party.

28. Notices

All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when: (i) sent by email to the address on the applicable Proposal or order, with written confirmation of delivery or read receipt; or (ii) sent by certified mail, return receipt requested, or by recognized overnight courier to the addresses set forth in the applicable Proposal. Either party may change its notice address by providing written notice to the other party in accordance with this section.

29. Attorney's Fees & Collection Costs

Client agrees to reimburse Summit AV Group for all reasonable attorney's fees, collection costs, arbitration fees, and court costs incurred in enforcing this Agreement, collecting any past-due amounts, or defending against claims arising from Client's breach of this Agreement.

30. Waiver of Jury Trial

Each party irrevocably waives any right to a trial by jury for any dispute arising from or relating to this Agreement or the services provided hereunder.

31. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. This Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, and the remaining provisions shall continue in full force and effect.

32. Waiver

The failure of Summit AV Group to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision or of Summit AV Group's right to enforce it at a later time. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of Summit AV Group. A waiver of any breach shall not constitute a waiver of any subsequent breach.

33. Entire Agreement & Electronic Signatures

This Agreement, together with the applicable Proposal and any written addenda, constitutes the entire agreement between Summit AV Group and Client with respect to the Event and supersedes all prior negotiations, representations, warranties, and understandings of the parties. This Agreement may not be modified except by a written instrument signed by authorized representatives of both parties. Electronic signatures, digital signatures, and email acceptances shall be deemed valid and binding to the same extent as original handwritten signatures.

34. Survival

The following provisions shall survive the termination or expiration of this Agreement: Section 10 (Equipment Inspection, Damage & Replacement Costs), Section 10A (Lawful Use), Section 11 (Indemnification), Section 14 (Music Licensing), Section 22 (Intellectual Property), Section 23 (Media Ownership), Section 24 (Non-Solicitation), Section 26 (Limitation of Liability), Section 27 (Dispute Resolution), Section 29 (Attorney's Fees), and Section 31 (Severability).

Acknowledgment

By signing below, or by remitting payment, issuing a purchase order, or otherwise authorizing Summit AV Group to proceed, Client acknowledges that Client has read, understands, and agrees to all terms and conditions set forth in this Agreement.

Questions about these terms? Call us at (732) 200-2272. See also our Privacy Policy.