Terms and Conditions – Contract for Services
These terms and conditions create a contract for services and is made effective on date shown on estimate, by and between the Client, whose name and address appears on the estimate, and Tahoe Production House of 2291 Lake Tahoe Blvd. South Lake Tahoe, CA 96150. In this contract, the party who is contracting to receive services and goods will be referred to as the “Client(s),” and the party who will be providing the services will be referred to as “Tahoe Production House”, or “TPH”.
COMMENCEMENT OF PROJECT: Client’s signature is required on the “Estimate” for: commencement of project. Project will be put on hold until a signed contract and approval is obtained regardless of milestone dates listed on estimate as well as prior verbal agreements.
PAYMENT TERMS: Production Projects (Video / Photo / Audio) will require a down payment: 50% deposit is due at contract signing to commence work. A final payment of 50% is due upon project delivery or day of event.
Marketing / Website / Design Projects are invoiced and due on a monthly basis for any work performed in the previous month. Any new websites will be pushed live to the Client’s web-hosting provider upon receipt of final payment due for launch. Some expenses that are not part of the business offer and are not included in the contract price but are necessary to meet the contract’s objective, such as: themes, stock photos, prints, plugins, extensions, etc. may be incurred during the project. These will be attached to the invoice. Client may opt-out of a retainer based contract with a 30-day notice.
Digital Marketing Campaign Prices are valid for 30 days from estimate. Changes in campaign flight dates and/or targeting may affect inventory availability. For complete advertiser Terms and Conditions, visit out partner, Audacy Terms and Conditions Page. Client may increase, decrease, pause, or opt-out of a digital marketing campaign with a 30-day notice.
If additional fees are applicable, such as “out-of-pocket” expenses, they will be added to your invoice. If project estimated delivery date is delayed due to inability of client to deliver assets and or provide timely feedback, TPH reserves the right to impose fees to be determined. An invoice is considered late after 14 days. A late fee will be applied until invoice is paid in full monthly. Any expenses incurred in collecting a past due account will be added to the balance. Continued delinquency will cause us to close your account and refer it to a Collections Agency.
CHANGES TO SCOPE OF WORK OR ADDITIONAL WORK REQUESTS: If at any time, Client desires to make any changes or variations from the current project, and such changes result in additional costs to TPH, TPH agrees to notify the Client of the amount in writing before any such additional costs are incurred. TPH shall proceed only after receiving written approval from Client. Any deadlines are dependent on receiving all paperwork, assets and applicable deposits in a timely manner. Assets include but are not limited to logos, content, graphics and any necessary information. The deadline also depends on receiving timely client feedback.
WEBSITE TRAINING: If training is included in the estimate, client agrees to schedule training within 30 days of a delivered website.
STREAMING: Streaming Requirements for Venue **Fee will be added if internet connection is required to be set up for event at venue location**
- A minimum of 10mbps egress and 10mbps ingress
- 30×30 or greater connection on site
- Latency of less then 80ms to our server
- Low jitter, packet loss of less then .01%
- A dedicated switch port with no other broadcast traffic
- 100mbps, or Gigabit preferred
PRINTING, SHIPPING: TPH will provide client with vender discount printing and shipping of product if desired and applicable, additional fees apply.
CONVERSION FEE: A conversion to a foreign language is up to 70% of original project cost based upon the language and requirements for project.
TERMINATION/CANCELLATION: In the event of cancellation of a Production Project (Video / Photo / Audio) by the Client, there will be a cancellation fee of 30% of the total cost of the project. This fee will be in addition to any payments already made towards the project, including but not limited to the initial down payment and additional progress payments, as well as any out of pocket expenses. This agreement shall terminate automatically upon completion of the services required by this agreement.
RENTAL TERMS & POLICIES: These terms and policies form the Production or Gear Rental Agreement (the “Rental Agreement”) between you (“Production/Lessee”) and Tahoe Production House (“Space/Lessor”) and apply to all the equipment and space rented by Lessee. Please click and review all requirements below before accepting the estimate.
OFFICE HOURS: Our office hours are between 9:00am – 5:00pm Monday – Friday, Pacific Standard Time. If any e mail, text messages, or calls are received outside of this time, we will respond at our earliest convenience or during the next available office hours. If a response is needed or requested outside of office hours, overtime rates will apply to invoice.
CONTINGENCY AND WEATHER DAYS: A Contingency day is any day where a scheduled day has been prevented from occurring due to circumstances beyond the control of the production company. These circumstances may include but not be limited to: Weather conditions (rain, fog, sleet, hail or any adverse condition that is not consistent with the prescribed shooting conditions desired by the Client), Injury, illness or absence of client-supplied elements (e.g. key talent, props, locations), “Force of Nature” (meaning but not limited to earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism and acts of God), “Client Issued Re-Shoots” (any additional days for a job issued by the Client, who is therefore authorizing the expenditure). The Client should be provided with a contingency day cost, which should be approved prior to proceeding with that day. TPH recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices.
OWNERSHIP: As between you (Client) and us (TPH), all materials prepared by us and accepted and paid for by you shall become your property. At the termination of this agreement, you agree that any video, photography, music and other materials related to the production of your project prepared by us and submitted/presented to you (whether submitted separately or in conjunction with or as part of other material) but not used by you, shall remain TPH property unless it was either mutually agreed in writing that any such plan or idea became your property, or specific payment of the cost of its development was agreed upon and made by you. You agree to return to us any physical embodiment of the creative work relating to any such ideas or plans, which may be in your possession upon termination. Client agrees that TPH can use any material as evidence of its work for promotional and/or advertising purposes. TPH may use “stock” video, photos, graphics or music in a project. Client agrees that this material is owned by TPH, including any copyrights, distribution rights, etc.
STORAGE OF DIGITAL WORKS: Once the client receives the final project files as agreed upon, they accept all responsibility for archiving and protecting any digital files related to the project. TPH will archive the digital files for up to 3 months but does not permanently archive these digital files. TPH is not responsible for the lifespan of any digital media provided, or for any future changes in technology or media readers that might result in an inability to read the data provided. Its the clients responsibility to make sure that digital files are copied to new media and backed up as required. TPH strongly recommends keeping at least one archival back-up of your digital files in a different location (online backup).
LIMITATION OF LIABILITY: Client agrees that they shall not hold TPH or her/his agents or employees liable for any incidental or consequential damages that arise from Clients’ failure to perform any aspect of the project in a timely manner, regardless of where such failure was caused by intentional and negligent acts or omissions of the developer of a third party. Furthermore, TPH disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use. TPH takes full responsibility for all third party vendors and guarantees final delivery of a high quality product to Client. Although all equipment is checked regularly and maintained, and reasonable steps are taken to ensure backup equipment is available, TPH will not be responsible for anything not produced due to technical failure. TPH carries an extensive $2 million dollar insurance policy that provides coverage in cases of liability, equipment, vehicles, workers, and third party damages.
APPLICABLE LAW/VENUE & ATTORNEY’S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties acknowledge the Agreement has been negotiated and executed within the County of El Dorado, City of South Lake Tahoe, State of California, and the parties agree that venue for any action filed shall be at South Lake Tahoe, California. In the event of any legal action or proceeding between the parties, the prevailing party in such action or proceeding shall be entitled to reimbursement of reasonable attorneys’’ fees and all costs and expenses incurred in such action or preceding from the other party.
ACCEPTANCE OF TERMS: A signed contract is due 10 days prior to expected or proposed project date. If the contract is not signed 10 days in advance, or the project needs to be completed on a shorter timeline, a “Rush Rate” will be applied to the invoice. By signing the estimate, you agree to our Terms and Conditions, and you hereby represent and warrant that you are an authorized person signing on entities behalf.