Terms & Conditions

TERMS & CONDITIONS OF EQUIPMENT HIRE AND SERVICES

WEB

Acceptance of Terms Through Use: By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”); for example, you agree not to use this site for unlawful purposes. Our Terms of Use exempt Visual Elements LA LLC and other persons and entities from liability and contains other important provisions that you should read. If you do not agree with each provision of these Terms of Use each time you use the Site, or you are not legally authorized to agree to and accept these Terms of Use, you may not use the Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Third Party Sites: This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Empire PRO ®, and you acknowledge that Visual Elements LA LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Visual Elements LA LLC or any association with its operators. No rights to use or copy the information on the third-party site are granted or implied.

Proprietary Rights: You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Visual Elements LA LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Visual Elements LA LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Empire PRO ®. Permission is granted only when certain limited criteria are met.

User’s Grant of Limited License: By posting or submitting content to this site, you:

Grant Visual Elements LA LLC and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Visual Elements LA LLC will not infringe or violate the rights of any third party.

Disclaimer of Warranties: BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, VISUAL ELEMENTS LA LLC, ITS INDIRECT AND

DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. VISUAL ELEMENTS LA LLC, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY THAT:

1. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;

2. THIS SITE WILL MEET YOUR REQUIREMENTS;

3. THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;

4. THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS

5. ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND

6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.

There are well-known risks involved in obtaining or using any products or services through the Internet. Visual Elements LA LLC cautions you to take steps to understand the risks and the means available to avoid or lessen the risks before obtaining or using any such products or services.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.

Limitation of Liability: IN NO EVENT WILL VISUAL ELEMENTS LA LLC, NOR ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF VISUAL ELEMENTS LA LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, in no event will Visual Elements LA LLC nor its indirect and direct parents, affiliates and subsidiaries be liable for any direct, indirect, incidental or consequential damages that are caused by or result from:

1. Your violation of these Terms of Use, or any other agreement relating to use of this Site, as amended from time to time;

2. Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using Visual Elements LA LLC, standard virus-detection procedures;

3. Criminal acts, public authorities acting with actual or apparent authority, authority of law, national or local disruptions in electronic and transportation networks, failures of internet services providers, weather phenomena, natural disasters, and disruption or failure of communication and information systems;

4. Loss, corruption or loss of access of your personal information;

5. Your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services;

6. Acts, defaults or omissions of any person or entity other than Visual Elements LA LLC;

7. Visual Elements LA LLCs compliance with verbal or written instructions from you Visual Elements LA LLCs failure to honor special instructions not explicitly provided for on the Site;

8. Your mistake when inputting an electronic instruction;

9. If you fail to log off when you leave your computer or electronic device and someone else accesses your account or any service;

10. If, for any reason, you cannot access your account or any service through your computer or electronic device or the services on this Site do not function; or

11. For any harm or loss to your computer or electronic device or to any records or data contained therein.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SHALL BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Login Names and Passwords: Visual Elements LA LLC may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by Visual Elements LA LLC and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Visual Elements LA LLC representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.

You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms of Use. You must immediately notify Visual Elements LA LLC if any of the following occur: any unauthorized use of your login

name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Visual Elements LA LLC is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from Visual Elements LA LLC, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.

The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.

Indemnification: You agree to defend, indemnify and hold Visual Elements LA LLC harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys fees arising from or related to your use of this site.

International Use: Visual Elements LA LLC makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Consent to Jurisdiction: You agree that if you are a resident of the United States, the courts of the Commonwealth of California located in Los Angeles County and in the United States District Court for the Southern District of California, shall have exclusive jurisdiction to hear and determine all controversies arising out of or related to these Terms of Use or their interpretation, performance or breach. You expressly submit and consent to such applicable jurisdiction and agree that venue will be proper in such applicable courts. You further waive the right to trial by jury or transfer or change of the venue based on the grounds of forum non conveniens or otherwise in any litigation that may arise between the parties.

Applicable Laws: FOR UNITED STATES RESIDENTS, THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF CALIFORNIA WITHOUT REGARD TO ANY CONFLICTS OF LAWS RULES AND WITHOUT GIVING EFFECT TO ANY RULES OF PRIVATE INTERNATIONAL LAW OR CONVENTION OR OTHER PRINCIPLES GIVING RISE TO THE APPLICATION OF OTHER LAWS (“CA LAW”). For all other users, these Terms of Use will be governed by PA LAW UNLESS EXPRESSLY PROHIBITED BY THE LAWS OF THE LOCATION OF SUCH USERS.

Trademark Ownership: All product and service marks contained herein are the trademarks of their respective owners.

Severability and Integration: Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Visual Elements LA LLC with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Visual Elements LA LLC with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Survival: The termination of the agreement created by your acceptance of these Terms of Use will not affect or prejudice any rights or obligations which have accrued or arisen under these Terms of Use prior to the time of termination or which expressly or by their nature survive the termination or expiry of these Terms of Use and those rights and obligations will continue in full force and effect subsequent to and notwithstanding such termination until they are satisfied or by their nature expire. Without intending to limit the generality of the foregoing the following provisions will survive the termination of these Terms of Use and will apply to any claim that you may have against Visual Elements LA LLC after the termination of these Terms of Use for any reason: Confidentiality; Submissions; Disclaimer of Warranties; Limitation of Liability; Indemnification; Applicable Laws; and Arbitration and Consent to Jurisdiction

Waiver: A waiver of any default, breach or non-compliance under these Terms of Use is not effective unless in writing and signed by Visual Elements LA LLC. No waiver will be inferred from or implied by any failure to act or delay in acting by Visual Elements LA LLC in respect of any default, breach, non-observance or by anything done or omitted to be done by you. The waiver by Visual Elements LA LLC of any default, breach or non-compliance under these Terms of Use will not operate as a waiver of Visual Elements LA LLC’s rights under these Terms of Use in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).

Successors and Assigns: These Terms of Use will take effect to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns provided that you may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of Visual Elements LA LLC, Visual Elements LA LLC may assign these Terms of Use or any of its rights or obligations hereunder to a subsidiary or an affiliate or to a purchaser of all or substantially all of Visual Elements LA LLC’s assets provided the assignee agrees in writing to assume and be bound by all or the assigned portion of Visual Elements LA LLC’s obligations under these Terms of Use, whereupon Visual Elements LA LLC will be released from all or such assigned portion of its obligations under these Terms of Use.

Electronic Documents: When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Termination

Visual Elements LA LLC reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

SALES/RENTALS

General: In exchange for the owner’s (Visual Elements LA LLC) rental or sale of equipment and/or supplying of labour/logistics to the renter/purchaser (you) for the rental term/sale, the renter/purchaser agrees to the terms and conditions of this rental/sales agreement. The rental/sales fee will be due in full before your (the renter/purchaser’s) collection of any of the equipment or our (the owner’s) delivery of any of the equipment or providing of any service. The renter/purchaser agrees to return the equipment (if renting) in the same condition as when it was received/collected, normal wear and tear excluded. The renter/purchaser is responsible for any damage, loss or theft of the equipment while it is in the renter/purchaser’s possession. The renter cannot sublease or loan rental equipment to another party without the owner’s written permission.

Late Fees: If the renter returns the equipment late (after the return date), the renter agrees to pay additional fees as follows; (a) additional rental fees will be charged at the daily rate (partial days will be charged at the full daily rate); and (b) a late fee of fifteen percent (of additional rental fees will be charged.

Unreturned Equipment: In addition to paying for all rental fees, the renter agrees to pay the owner the replacement value for any equipment that is not returned within seven (7) days after the return date.

Damaged Equipment: If the equipment is returned to the owner in a damaged, incomplete or inoperable condition, the renter agrees to pay the replacement value.

Unpaid Sums and Remedies: The renter agrees that the owner may charge the renter’s payment forms and any security deposit for any unpaid sums the renter incurs under this rental agreement (including those for rental fees and for any lost, unreturned or damaged equipment). If the renter does not pay all amounts the renter owes the owner, the owner shall have all legal and equitable rights and remedies to collect all amounts due and to recover the equipment, the renter also agrees to pay for all costs of recovery and repossession and collection of damages for unpaid sums, including attorneys’ fees, court costs and other expenses the owner incurs to collect amounts due or to recover the owner’s equipment.

Authorization: The renter authorizes the owner to charge the renter’s payment forms for any unpaid sums.

No Liability and Limitation of Liability: The Visual Elements LA LLC is not responsible for, and accepts no liability for, injuries, faulty performance of, or failure of rental equipment to perform as desired, the owner is not responsible for training the renter/purchaser to use the equipment properly. The renter agrees to accept the equipment “as-is” and with no warranties of any kind. The renter agrees that the owner is not responsible for any losses or damage, including consequential, incidendal, direct and the like. Purchased new equipment training and warranty shall be provided by Manufacturer’s discretion and is an arrangement explicitly between the purchaser and manufacturer.

Indemnity: The renter/purchaser assumes the risks of and agrees to hold the owner harmless from all property damage and personal injuries caused by the equipment where permitted by law.

Payment Policy: A 100.00% deposit is required to confirm your contract.

General Cancellation Policy: To ensure availability of all services and products, payments are partially/completely non-refundable and payments will be due for cancelled jobs according to the following schedule: Two (2) weeks prior = No Fee/Full Refund. One (1) week prior = 50% of value must still be paid/will be kept. Less than one (1) week prior = 100% of value must still be paid/will be kept.

Labour and Logistics Estimation: Labour and logistical cost quoted may be subject to change due to schedule changes, overtime incurred on site, fuel cost increases and other unforeseeable reasons. The difference between the actual labour and logistical fees and those quoted will be paid by the renter/purchaser post event.

Quotations: Quotations are valid for 30 days, by signing where indicated on our quotation you agree to all terms and conditions listed