Terms and Conditions
For the purposes of these Terms and Conditions, unless otherwise noted, all references to Breakthrough Staging Inc. include, We, Us, Our, Breakthrough Productions, Breakthrough, and/or BTP.
- Invoice Procedures: A minimum deposit of 50% is required on all contracts, payable upon signing this agreement. Additional deposits for additions or changes will be at our discretion and/or detailed about in the Fee schedule. All deposits are non-refundable. Final balances for all projects are due prior to shipping unless credit terms have been set up prior to execution of this agreement.
- All Additions, Change Orders, Reductions will be tracked weekly and invoiced bi-weekly. Terms will be net 30 from invoice date or prior to shipping, whichever is first. If Change order is more than $2,500, an additional deposit may be requested, 50% due upon receipt at the discretion of BTP.
- Deadlines that are set forth by Breakthrough to the client must be adhered to, thereby ensuring that the project will be completed by the completion date. If a client fails to adhere to the deadlines set forth by Breakthrough, the client will be responsible for any rush fees that are associated with the project to ensure that the project is completed by the completion date.
- Payments for services invoiced that are not received within 30 days from the date of invoice will be subject to a 1.5% penalty per calendar month.
- Damages to any contracted equipment or materials by any member or guest of the client will result in the client being held liable for repair or replacement costs paid within 30 days of the event.
- Contractor will not be held responsible for any damages to or resulting condition of grass, concrete, driveways, or any other surface of an event space or area used for event access, unless damage is a direct result of negligence by contractor employee.
- Client agrees that Breakthrough’s current insurance is adequate for their project. If additional insurance is required specifically for your event/ project, then client agrees to cover any additional rise in premiums plus a 20% (of the rise in premium) administrative charge for the instance
- The location of the all contracted event equipment or fabricated pieces is to be determined and clearly indicated by the client prior to events commencement. All consequences resulting from inadequacies of the site or improper layout will be the responsibility of the client. It is the client’s responsibility that all relevant federal, state and local regulations are adhered to, including but not limited to: permitting and required insurances.
- Unless specifically stated in the SOW, Breakthrough will not be responsible for any permitting, and permits are the sole responsibility of the client.
- Client agrees to indemnify, defend and hold harmless contractor (Breakthrough Staging, INC) from any lawsuit in connection with injury or accident involving event guests, staff, or affiliates which may occur from use or misuse of event equipment or fabricated pieces unless caused by the negligence or other wrongful conduct of Contractor. Client assumes all responsibility for its guests and staff for their actions.
- Client agrees that any damage resulting from transportation once an item leaves contractors shop or from transit between event locations will be repaired at the cost of the client, and contractor is not responsible for third-party freight or transport costs, including but not limited to lift gate services, overages, damage, insurances, or claims.
- Any claims resulting out of damaged freight will follow all rules and regulations set out by the specific carrier handling the freight or package.
- Breakthrough Productions will do everything in its power to accurately quote and propose shipping charges prior to delivery. Client agrees to pay all charges based upon the final bill received by Breakthrough from the carrier resulting from the shipment of client’s goods. This can include but not limited to: Detention, damaged items, liftgate charges, attempted delivery, inaccurate delivery address information.
- All packages and freight should be inspected prior to accepting delivery.
- It is understood, intended, and agreed that should contractor be unable to fulfill any of the obligations of this contract by reason of accident, riot, strike, epidemic, pandemic, catastrophe, war, embargo, fire, state of emergency, mechanical breakdown, stay at home orders, serious illness, shortage of or inability to obtain labor, terrorist attack, or act of God, the performance of said obligations of contractor may be delayed, interrupted or excused. In the event of such situation, all fees paid to date will be retained as reimbursement for work rendered to date. If additional fees are owed under the contract, regardless of ability for the event or project to continue for any of the aforementioned reasons, fees will be invoiced (for labor, materials, and any other direct costs to the project) and paid by client within 30 days.
- Client agrees that if additional labor is required above what is proposed in the SOW, or additional labor is hired onsite by an authorized client representative (project manager), then the client will immediately pay all invoices associated with additional labor costs, including but not limited to: minimums and maximum work hours, time and a half, double time, holiday pay, OT, Breaks, meal penalties, parking, Short turnaround fees, or any other fees contractor may incur due to its contracts with the labor contractors, once invoiced. Contractor additionally agrees to provide as much information regarding estimated costs at the time of ordering labor to allow client to make as educated of a decision as they can.
- Client agrees that any change in delivery/event date, whether sooner or later than the original agreed to delivery or installation date will be subject to approval by contractor. Only an agreement signed by both parties will amend the delivery date. A delay in the project does not change the Invoicing dates unless agreed to by both parties.
- The following process will be followed if a change to the SOW (Scope of Work) is required: (A) Project Change Order(PCO) will be the vehicle for communicating change. The PCO must describe the change, the rationale for the change, and the effect the change will have on the project. (B) Contractor and Client will mutually agree upon any changes to the SOW. If the PCO is authorized, the Client Project Managers will sign the PCO, which will constitute approval for the charges and changes proposed. Contractor will invoice Client for any such charges on signing date. (C)A written Change Authorization and/or PC0 must be signed by both parties to authorize implementation of the investigated changes.
- Please note that deviations from the above timeline may require additional efforts to meet deadlines which may result in rush charges and/or substitutions of comparable materials based on availability.
- The Client has the responsibility to proofread and examine all work produced during the project. Therefore, the Client is ultimately responsible for any typographical, spelling, grammatical, copy, photographic, illustrative, layout, or other errors or omissions discovered after printing or reproduction or for any work or services performed by any party selected by the Client.
- In the event a project or event is delayed or canceled, the following policy will be in effect. All fabricated items, resale, graphics, etc., will be paid in full as per the contract and payment terms detailed here unless a separate agreement has been reached and agreed to by both parties. Onsite labor hired being fulfilled by Breakthrough employees will be charged at only 50% charge if the change occurs prior to 1 week before the event. If the cancellation or postponement is within 72 hours, then 100% of the labor charges will be charged to the client and are non-refundable. In the event, Breakthrough has hired outside companies or labor to handle the project, then that company’s cancellation policies will take precedence for that particular labor. Any other additional charges, changes, etc.. resulting from an event change, postponement or cancellation will be at the discretion of Breakthrough, and a full accounting of any of those charges will be presented to the client prior to agreeing to any change or execution. In the event the timing does not allow for proper figuring out of all the applicable costs, then an estimate range will be provided to the client, which must be approved expeditiously to not incur additional fees.
- Client agrees that Breakthrough has the right to hire subcontractors and other companies to execute the work as long as a Breakthrough employee is overseeing their work on behalf of Breakthrough and the client. Client agrees that any additional charges the contractor charges breakthrough due to changes, cancellation, delay, etc., in the project will be paid to Breakthrough with applicable administrative costs to cover all expenses.
- Client agrees that Breakthrough has the right to use photos of a completed project in its marketing, whether from an active event or from in the shop for marketing and sales purposes. This includes use on Breakthrough’s website, case studies, or capability decks.
- If Client is dissatisfied with the performance of any Assigned Employee(s) on the job site, Client shall notify Breakthrough as soon as possible, and Breakthrough will replace the Assigned Employee in question in an expeditious manner. Reporting this information after the engagement will not result in a refund for their time spent on the project.
- Please note that unless specifically requested not all items are created to be flame retardant, this will be an extra fee as many projects do not require it and we aim to keep all project budgets as productive as possible.
Storage terms and conditions
The following are the terms agreed to by the signer of the proposal (client) and Breakthrough Staging Inc (BREAKTHROUGH)
- If any of the below terms conflict with any applicable state law, the state in which the materials are being held will take precedent.
- All storage invoices are billed out 30 days in advance, and regardless of current payment terms all storage payments must be paid in full before the 1st of every month; otherwise, the account and the property being stored will be in default and appropriate remedies will be sought after.
- BREAKTHROUGH accepts all items in as-is condition and is not responsible for anything that may happen to the property while in our possession due to any situation including but not limited to: terrorism, fire, natural disaster, strike, political unrest, war, etc. The storage fees are strictly for storage only, and any labor fees associated to move the items, make them accessible, package them, will be billed at an hourly rate of 65.00/hour with a 1-hour minimum. Hours will be rounded to the nearest ¼ hour when billing.
- BREAKTHROUGH is not responsible for insuring the items, and that lies solely on the owner of the property. The insurance for the items breakthrough will provide is limited to its existing policies and do not guarantee full replacement in the event of loss.
- BREAKTHROUGH has the full right and authorization to store the items where they deem fit at no lesser storage conditions than what is paid for. Example: 7. BREAKTHROUGH may store items in a warehouse if only trailer storage is being paid for at their sole discretion. BREAKTHROUGH also has the right to store in third-party storage facilities at their discretion.
- BREAKTHROUGH has the right to provide 30 days’ notice if BREAKTHROUGH no longer has the capacity to store the items or decides it is no longer in their best interest to store client and agency-owned items. Any fees associated with removal of the items will be paid as detailed above and below if this decision is made. Any items not picked up after 30 days will be in jeopardy of forfeiture.
- CLIENT entering this contract and who is storing the items with BREAKTHROUGH agrees it has full rights and ownership from themselves or their clients that they may represent to do so. In the event that the ownership or true owner of the property contests this and/or requests access to the items, CLIENT agrees they will cover any and all costs associated with removal and if company is not in a position to do so financially or for any other reason acknowledges that their client agrees to pay and all fees associated with retrieving said items. CLIENT agrees to let their client know these terms and the location of their stored items.
- In the event a third party, third-party can include but is not limited to a trucking company, tour manager, subcontractor, etc., who is picking up items on CLIENTs behalf will need to fill out appropriate paperwork, and CLIENT agrees they must be adequately insured and be designated ahead of time. No release of items being stored will occur unless this paperwork is signed ahead of time.
- Client agrees to indemnify, defend and hold harmless BREAKTHROUGH (Breakthrough Staging, INC) from any lawsuit in connection with injury or accident involving event guests, staff, or affiliates which may occur from use or misuse of event equipment or fabricated pieces, unless caused by the negligence or other wrongful conduct of BREAKTHROUGH. CLIENT assumes all responsibility for its guests and staff for their actions.
- All storage fees must be paid in full ahead of release of goods before any goods being stored will be released.
- Any claims resulting out of damaged inbound freight will follow all rules and regulations set out by the specific carrier handling the freight or package.
- It is understood, intended, and agreed that should BREAKTHROUGH be unable to fulfill any of the obligations of this contract by reason of accident, riot, strike, epidemic, catastrophe, war, embargo, fire, state of emergency, mechanical breakdown, serious illness, shortage of or inability to obtain labor, terrorist attack, or act of God, the performance of said obligations of BREAKTHROUGH may be delayed, interrupted or excused and no refunds of any fees paid will be delivered to CLIENT.
- CLIENT agrees that if fees go unpaid for a period of 30 days after then, the client agrees to forfeit all rights to ownership. This does not, however, waive any fees that may be owed, and interest and late fees will accrue until account is brought current and all fees to dispose of or sell the property will be included on the final invoice and accrue applicable interest as stated by these terms or the maximum allowable under governing state law.
- CLIENT agrees that breakthrough has the full right to refuse storage of any goods for any reason, and the costs to remove the items will be paid as detailed above. Breakthrough will not store illegal goods, alcohol, anything requiring a special permit, hazardous materials, or food items, to name a few. Please ask before sending us items if something is approved.
- Late fees of: 1.5%_ will go into effect after 7 days of being late.