Terms Of Service

Overtime Audio Visual
(DBA of Logan Young, Sole Proprietor – Algonquin, Illinois 60102)
Effective Date: June 1, 2026

1. These Terms of Service (“Terms”) apply to all services, labor, event production, equipment use, estimates, proposals, work orders, schedules, and invoices provided by Overtime Audio Visual (“Contractor”) to the client (“Client”). These Terms are incorporated into and made part of each estimate, proposal, invoice, work order, purchase order accepted by Contractor, and written authorization to proceed. Client accepts these Terms by signing or approving an estimate or proposal, issuing a purchase order referencing Contractor’s estimate or services, paying a deposit or invoice, authorizing work to begin, or otherwise directing Contractor to reserve equipment, schedule labor, deliver equipment, or perform services.
   
   

2. Contractor provides live event audio, lighting, video, staging support, equipment delivery, setup, technical operation, strike, and related event production services, together with the temporary on-site use of Contractor-owned equipment, as more particularly described in the applicable estimate or invoice. Services not expressly listed in the applicable estimate or invoice are excluded unless later approved in writing by Contractor. Contractor may use employees, freelance labor, or subcontractors to perform all or part of the services.
   
   

3. Unless expressly stated otherwise in writing, Contractor is being retained primarily to provide staffed event production and temporary on-site use of Contractor-owned equipment. Client shall not move, modify, reconfigure, repair, relocate, or permit others to handle Contractor’s equipment without Contractor’s prior approval. Any limited rental, client-operated equipment use, client pickup, or shipping arrangement must be specifically agreed to in writing and may be subject to additional terms.
   
   

4. All estimates and proposals are based on the information provided by Client and are subject to equipment, labor, venue access, and scheduling availability. Estimates and proposals may expire if not accepted within the stated time period or, if no period is stated, within a commercially reasonable time. Contractor reserves the right to substitute substantially comparable equipment, personnel, or methods when reasonably necessary due to availability, safety, compatibility, or operational needs, provided the overall service level is not materially reduced.
   
   

5. Payment shall be made according to the terms stated on the applicable estimate or invoice. For private or non-governmental clients, Contractor may require a deposit, advance payment, progress payment, or payment in full before delivery, setup, or performance, and Contractor may withhold or suspend services until required payment is received. For public bodies, school districts, park districts, municipalities, and similar governmental clients, payment shall be made in accordance with the applicable purchase order, written agreement, or mandatory law to the extent required, and all non-conflicting provisions of these Terms shall remain in full force and effect. Any undisputed balance not paid when due by a non-governmental client shall accrue a service charge at the lesser of 0.75% per month (9% annually) or the maximum amount permitted by applicable law. Client shall reimburse Contractor for reasonable costs of collection, including administrative costs, attorneys’ fees, and court costs, to the extent permitted by law.
   
   

6. Client acknowledges that event dates, labor scheduling, equipment reservation, prep time, and inventory blocking cause Contractor to incur real costs prior to the event. Accordingly, cancellations must be made in writing. If Client cancels after acceptance of an estimate or proposal, Contractor may retain any deposit and charge for labor already scheduled, equipment reserved, prep work performed, materials purchased, transportation arranged, and other non-recoverable costs. If cancellation occurs within seven (7) calendar days of the scheduled event or rental start, Contractor may charge up to the full contracted amount if Contractor is unable to rebook the reserved date, labor, or equipment. If equipment preparation, loading, delivery, setup, or on-site labor has begun, Client remains responsible for all charges incurred and, if performance is substantially ready to proceed, up to the full contracted amount. If an outdoor event is postponed due to weather before Contractor has substantially begun preparation, loading, delivery, setup, or labor, Contractor will make a good-faith effort to accommodate a rescheduled date, subject to availability, and may apply prior payments to the rescheduled date. Any waiver or reduction of cancellation charges shall be at Contractor’s discretion.
   
   

7. No allowance, credit, refund, or reduction will be made for services, labor time, or equipment reserved or ordered but not used, including reductions caused by delayed access, shortened run-of-show, late-starting events, early event ending, venue restrictions, talent delays, weather concerns, attendee counts, change of plans, or Client’s internal decisions, unless Contractor agrees otherwise in writing. Additional charges may apply for changes in scope, additional labor time, overtime, waiting time, delayed load-in, delayed strike, restricted access, stair carries, long carries, parking costs, tolls, union or venue labor requirements, unexpected site conditions, additional equipment, emergency substitutions, or work outside the original scope.

8. Client shall provide and maintain a safe, lawful, and suitable event site and working environment, including timely access, accurate schedules, reasonable security, adequate staging areas, loading access, sufficient electrical power of the correct type and capacity, proper grounding, structural suitability where applicable, weather protection, and protection from water, moisture, dust, smoke, pyrotechnics, confetti, paint, fog fluid misuse, public interference, and other hazardous or damaging conditions. Contractor may delay, suspend, refuse, or stop work, in whole or in part, if site conditions are unsafe, unlawful, materially different from what was represented, or likely to damage equipment or endanger people. Such delay, suspension, or stoppage shall not constitute a breach by Contractor, and Client shall remain responsible for charges incurred to that point and any additional costs caused by the unsafe or unsuitable conditions.

9. Client is solely responsible for obtaining, paying for, and complying with all permits, licenses, venue approvals, fire marshal requirements, municipal requirements, school or park district rules, copyright or performance licenses, content rights, inspections, security requirements, and all other legal or site-specific approvals required for the event. Client is also solely responsible for the legality and rights clearance of all music, video, images, presentations, livestreams, logos, graphics, scripts, and other content provided, displayed, performed, recorded, streamed, or directed by Client. Contractor is not responsible for delays, shutdowns, removals, fines, takedowns, or additional costs resulting from the absence of permits, venue approvals, legal compliance, or content rights.

10. Contractor does not provide structural engineering, permanent installation, engineered rigging, design certification, venue-point certification, architectural review, code compliance consulting, or legal compliance consulting. Any rigging or suspension work, if provided at all, is limited to non-engineered, event-specific methods expressly approved by Contractor and only when lawful, safe, within Contractor’s training and insurance limitations, and suitable for the venue and event. Contractor may provide ground-supported systems and other limited temporary support methods, but reserves the absolute right to refuse any overhead suspension, hang, point, attachment, load, structure, or rigging-related request that Contractor considers unsafe, inadequately documented, beyond scope, beyond qualification, or otherwise inappropriate. If a venue, municipality, permit condition, or applicable law requires work to be performed by specially qualified, certified, or house rigging personnel, then such work shall be performed only by such personnel, and any associated cost shall be paid by Client unless otherwise agreed in writing. Contractor may require Client to use venue-approved or third-party riggers at Client’s expense.

11. All equipment furnished by Contractor remains the sole and exclusive property of Contractor at all times. No sale, transfer, lien, security interest, or ownership right is created in favor of Client. Client shall not permit any levy, lien, seizure, pledge, encumbrance, or adverse claim against Contractor’s equipment.

12. For staffed event services, Contractor’s equipment remains under Contractor’s operational control except to the extent Client, Client’s employees, venue personnel, talent, presenters, attendees, or other third parties handle, direct, move, connect to, interfere with, or misuse the equipment. Client is responsible for loss of or damage to Contractor’s equipment to the extent caused by theft, vandalism, unauthorized handling, crowd contact, attendee conduct, venue personnel, inadequate site protection, weather exposure, liquids, smoke residue, dirt, confetti, sand, paint, makeup, dye, power issues, improper generators, improper connections, client-supplied content devices, or other causes arising from site conditions or persons other than Contractor’s personnel. Normal wear and tear excepted. Normal wear and tear does not include, without limitation, broken screens, damaged loudspeakers or transducers, damaged microphones, damaged lenses, damaged cables or connectors, liquid exposure, contamination, burns, impact damage, software corruption caused by third-party content or devices, loss of accessories, or excessive cleaning required due to event conditions. If equipment is lost, stolen, damaged, contaminated, or rendered unavailable due to a cause for which Client is responsible, Client shall pay the reasonable cost of repair, replacement, cleaning, testing, reprogramming, packaging, shipping, and loss of use or lost rental value during the period of repair or replacement. Contractor may invoice based on repair cost or replacement value, as reasonably determined by Contractor in good faith.

13. Client acknowledges that event technology may involve integration with venue systems, power sources, internet services, wireless spectrum, third-party platforms, projectors, LED processors, media playback devices, client laptops, presentation files, and other third-party systems outside Contractor’s control. Contractor is not responsible for failures or interruptions caused by venue infrastructure, internet outages, insufficient power, client-provided files or devices, unsupported formats, RF interference, building systems, third-party operators, software updates, audience device behavior, or any item not supplied and controlled by Contractor. Client is responsible for timely delivery of accurate show files, cue information, presentation materials, patch lists, stage plots, schedules, and all event-critical information.

14. Contractor warrants only that services will be performed in a commercially reasonable and professional manner consistent with ordinary live-event industry practice. Except for the foregoing limited service warranty, and to the fullest extent permitted by law, Contractor disclaims all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, or compatibility with third-party systems, venues, content, software, or devices.

15. To the fullest extent permitted by applicable law, Contractor’s total aggregate liability for any and all claims arising out of or relating to the applicable services or equipment furnished under a particular estimate, invoice, or event shall not exceed the amounts actually paid by Client to Contractor for the specific services giving rise to the claim. In no event shall Contractor be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost ticket sales, lost donations, lost sponsorships, lost opportunities, business interruption, replacement venue costs, reputational harm, or emotional distress, even if advised of the possibility of such damages. The limitations in this paragraph do not limit Client’s payment obligations or Client’s responsibility for loss of or damage to equipment, and do not apply to damages finally determined by a court to have been caused solely by Contractor’s gross negligence, willful misconduct, or fraud, to the extent such liability cannot lawfully be limited.

16. Client shall defend, indemnify, and hold harmless Contractor and Contractor’s owner, employees, agents, freelancers, and subcontractors from and against third-party claims, demands, suits, damages, losses, penalties, fines, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) event activities not under Contractor’s sole control; (b) the acts or omissions of Client, Client’s employees, contractors, vendors, performers, speakers, presenters, attendees, guests, invitees, or venue personnel; (c) Client-provided content, instructions, schedules, specifications, devices, or materials; (d) site conditions, power, structural information, access limitations, venue compliance issues, weather exposure, or security failures; (e) Client’s failure to obtain required permits, approvals, licenses, or rights; or (f) bodily injury, death, or property damage occurring in connection with the event, except to the extent finally determined by a court to have been caused solely by Contractor’s gross negligence, willful misconduct, or fraud. Nothing in these Terms requires Client to indemnify Contractor for Contractor’s own negligence to the extent such indemnification is prohibited by applicable law.

17. Contractor maintains business insurance in amounts Contractor deems appropriate for its operations. Upon reasonable request and if available, Contractor may provide a certificate of insurance. Any requirement that Client, venue, school, park district, or other third party be named as an additional insured, receive primary and non-contributory coverage, receive a waiver of subrogation, or receive any special endorsement must be requested in writing sufficiently in advance of the event, must be available through Contractor’s insurer, and may result in additional cost to Client. Client is responsible for any insurance specifically required by the venue, permit issuer, public body, or governing authority to the extent not expressly agreed in writing by Contractor. Client is encouraged to obtain event cancellation insurance, weather insurance, liability insurance, or inland marine/property coverage when appropriate.

18. Contractor is an independent contractor and not an employee, partner, joint venturer, or agent of Client. Client has no authority to bind Contractor, and Contractor has no authority to bind Client except as expressly agreed in writing.

19. Contractor shall not be liable for any failure, delay, deficiency, cancellation, or interruption caused by circumstances beyond Contractor’s reasonable control, including severe weather, lightning, flooding, venue shutdowns, acts of government, permit denials, local restrictions, labor shortages, illness, strikes, transportation interruptions, traffic incidents, accidents, utility outages, internet outages, wireless interference, supplier delays, equipment failure despite reasonable maintenance, subcontractor failure, fire, terrorism, civil disturbance, or acts of God. In such event, Contractor’s obligations shall be suspended or excused to the extent affected, and Client shall remain responsible for charges for services performed, equipment reserved, labor scheduled, and costs incurred before the interruption.

20. If Client is a school district, park district, municipality, public university, public body, or other governmental entity, any mandatory statutory procurement terms or mandatory terms in a duly issued purchase order or written contract that cannot lawfully be waived shall control only to the extent of a direct conflict with these Terms, and all remaining non-conflicting provisions of these Terms shall remain enforceable to the fullest extent permitted by law. If Client’s form agreement or purchase order contains terms that materially conflict with these Terms, Contractor shall not be bound by such conflicting terms unless Contractor expressly agrees to them in writing signed by Contractor.

21. Illinois law governs these Terms and any dispute arising from them, without regard to conflict-of-law rules. Any action or proceeding arising out of or relating to these Terms or the services shall be brought in a court of competent jurisdiction located in Illinois, except to the extent a specific venue is required by mandatory law for a public-entity client. The parties waive any objection based solely on inconvenient forum, to the extent permitted by law.

22. These Terms, together with the applicable estimate, proposal, invoice, approved change order, and any mutually signed addendum, constitute the entire agreement between the parties regarding the subject matter and supersede prior discussions or understandings on that subject. No oral statement, course of dealing, or informal communication shall modify these Terms. Any modification, waiver, or exception must be in a writing approved by Contractor. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect, and any unenforceable provision shall be interpreted as closely as possible to reflect its intended purpose while complying with applicable law.
    
    

Last Updated : 6/1/2026