Effective Date: May 15, 2025
By accepting Estimate or Invoice provided by ASA Creative Services, LLC, Customer agrees to
ALL the following Terms and Conditions:
ASA Creative Services, LLC will provide an initial estimate to Customer based on
information provided. Drawings will be provided at an agreed upon price. Change of
information or additional requests from Customer may result in a “Change of Order” and may be
subject to additional fees. The estimate provided to Customer will remain active for a fourteen (14) day period unless otherwise noted after which a new estimate may be required. All labor charges are estimated. Actual labor charges are subject to change dependent on final confirmation of event timeline or production schedule. Project Managers retain exclusive authority to adjust the estimate provided.
Customer will be invoiced immediately following
Customer’s approval of the estimate. Customer is required to place a deposit in the amount of fifty percent (50%) of the total invoiced amount to reserve equipment necessary for the event. A credit card may be required to reserve a date for installation. No additional charges will be made to the credit card account so long as final payment is made seven (7) days prior to the event date or at a previously agreed upon date. In the event Customer fails to pay by the agreed upon date, the entire remaining balance will be applied to the credit card immediately. Customer acknowledges that ASA Creative Services, LLC resources and availability is limited and as such ALL DEPOSITS ARE NON-REFUNDABLE. Cancellations made no later than seven (7) days prior to the event will result in the forfeiture of the deposit; cancellations made less than seven (7) days prior to the event date will be invoiced in full. For credit card payments, a three-point five percent (3.5%) processing fee will be added to the final invoiced amount.
In the event the Customer fails to pay in full seven (7) days prior to the event date or at a previously agreed upon date as, Customer will be required to pay ASA Creative Services, LLC the full contractual amount and ASA Creative Services, LLC will be under no obligation to render services. With respect to the unpaid amount, if Customer fails to pay the remaining balance, a fifteen percent (15%) late payment fee will be added to the remaining balance on the fourteenth (14th) day after the date of the event and an additional five percent (5%) will be added each week thereafter. Due to the volume of ASA Creative Services, LLC events, any payment disputes must be raised within five (5) business days of the Event; with undisputed amounts timely paid. The Contract will be conclusively deemed fulfilled if the Customer does not, on or before the specified deadline: (1) timely pay any undisputed portion; and (2) furnish ASA Creative Services, LLC with a written explanation of the basis for the Customer’s dispute, together with (where applicable) reasonable supporting documentation. Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.
Once a job estimate is provided to the customer, ASA Creative Services, LLC
can offer a projected lead time to produce the job. All jobs are required to be approved,
contracted, and deposited by the deposit date or a Rush Fee may apply. For fabrication projects, the Rush Fee schedule is as follows unless otherwise stated.
15% fee for projects with less than 8 weeks lead time
20% fee for projects with less than 6 weeks lead time
25% fee for projects with less than 5 weeks lead time
30% fee for projects with less than 4 weeks lead time
ASA Creative Services, LLC is not
responsible for any events beyond their control that prevent ASA Creative Services, LLC from
complying with any of its obligations under this Agreement, including but not limited to acts of
God (including but not limited to fires, explosions, earthquakes, drought, tornadoes, excessive wind and/or rain, floods). If and to the extent that ASA Creative Services, LLC is prevented from executing the services described herein then ASA Creative Services, LLC shall be relieved of its obligations to provide the services but shall endeavor to continue to perform its obligations under the Agreement so far as reasonably practicable, and in accordance with industry-standard operating practices, provided that if and to the extent that ASA Creative Services, LLC incurs additional costs in so doing, ASA Creative Services, LLC shall be entitled to the amount of such costs. Customer acknowledges that outdoor events specifically incur the risk of acts of God and accepts the risks associated therewith in contracting with ASA Creative Services, LLC. Further, ASA Creative Services, LLC is under no obligation to refund any payment made due to inclement weather.
The Customer expressly grants to ASA Creative Services, LLC a
license to use any photographs or video of the event installation, build-out, or final production for purposes of marketing materials and website use.
The Customer acknowledges that some ASA Creative Services, LLC equipment is highly specialized and may require an approved technician to be on-site for the duration of the Customer’s event. Should Customer DECLINE to retain an approved ASA Creative Services, LLC technician for the duration of the event:
A. ASA Creative Services, LLC is not responsible for equipment failure, technical issues, or defects in control caused solely by the acts or omissions of Customer’s employees, agents, guests or subcontractors; and B. Customer is responsible for the physical and working condition of the leased equipment at all times and through operation and use by all employees, agents or subcontractors. Customer will be responsible for all losses stemming from theft, damage or loss of equipment. The Customer shall not remove or dismantle any equipment from the place of use of the equipment without prior written approval. The Customer shall inform ASA Creative Services, LLC upon demand of the exact location of the equipment while it is in the Customer’s possession, care or control. The Customer shall pay ASA Creative Services, LLC all necessary cost(s) for replacement and/or repair of any equipment that is not returned because it is lost or stolen or any equipment that is damaged and in need of repair to put it into the same condition it was at the time of rental; normal wear and tear excepted. Upon return of all equipment, ASA Creative Services, LLC agrees to inspect all equipment within three (3) business days. Any damages will be documented in writing and will be reported to Customer within twenty-four (24) hours of identification and assessment. Any ASA Creative Services, LLC invoice for replacement or repair is conclusive as to the amount Customer shall pay.
Customer agrees to indemnify and hold ASA Creative Services, LLC,
their officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, however, that any such liability, loss or damage resulting from the following Subsections “A” or “B” is excluded from this Agreement to indemnify and hold harmless:
A. The negligent failure of ASA Creative Services, LLC to substantially comply with an applicable industry-standard safety protocol known to ASA Creative Services, LLC at the time of the Agreement;
B. Any reckless or intentional acts of malfeasance by any employee or agent of ASA Creative Services, LLC.
ASA Creative Services, LLC and its consultants, partners,
agents and employees shall not be liable to the Customer for any and all claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement by reason of act or omissions, including breach of this Agreement or negligence not amounting to a willful or intentional act for any amounts in excess of the total sum paid to ASA Creative Services, LLC under this Agreement. ASA Creative Services, LLC shall not be liable to the Customer for any special or consequential damages, including but not limited to, lost profits, loss of use, and costs of replacement, caused by ASA Creative Services, LLC’s negligence, breach of this Agreement, or any other cause whatsoever.
It is understood and agreed that Customer has entered
into and executed this Agreement voluntarily and that such execution by Customer is not based upon any representations or promises of any kind made by ASA Creative Services, LLC or any of its representatives except as expressly recited in this Agreement. Customer further acknowledges that it has read and fully understands each section of this Agreement and that it was afforded the opportunity to consult with an attorney prior to executing this Agreement.
This agreement is binding on and inures to the benefit of the parties and their respective heirs, employees, agents, executors, administrators, legal representatives, successors, and assigns.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. Any prevailing party in an action related to this Agreement shall be entitled to recover their reasonable and necessary attorneys fees.
Any claim or dispute of any nature arising under this agreement or arising in connection with or as a result of ASA Creative Services, LLC’s contract with Customer before or after the date of this agreement will be subject to resolution by binding arbitration conducted in Austin, Texas, pursuant to the Texas General Arbitration Act and the applicable rules of the American Arbitration Association. This arbitration agreement will survive any amendment, modification, or termination of this agreement unless this paragraph is modified by a writing signed by all parties to this agreement that refers expressly to this arbitration agreement.