1. This Agreement constitutes the entire agreement and understanding among the parties hereto with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by a written instrument executed by the parties hereto.
2. This Agreement shall only become binding upon ILLUMENE Lighting and Event Production LLC’s receipt of payment of the full deposit within SEVEN (7) days of emailed contract . Prior to receipt of the confirmation of this Agreement, and payment of the full deposit, ILLUMENE Lighting and Event Production LLC is not under any obligation to hold the date of event open for the Client.
3. Upon receipt of full payment of the deposit, ILLUMENE Lighting and Event Production LLC will reserve agreed rental units for the date of event for Client. As such, unless otherwise specified herein, ILLUMENE Lighting and Event Production LLC shall RETAIN CLIENT’S DEPOSIT (50% of total) as a reasonable estimation of its damages hereunder if this Agreement is not performed for any reason, and 100% of total within 60 days of event as a reasonable estimation of its damages hereunder if this Agreement is not performed for any reason, including, but not limited to, the following circumstances: a. The Client canceling this Agreement; b. The Client’s failure to complete all the conditions precedent to ILLUMENE Lighting and Event Production LLC’s obligations, as specified in this Agreement; c. ILLUMENE Lighting and Event Production LLC’s inability to perform hereunder if its performance is impeded by matters outside of its control, including, but not limited to, fire, casualty, acts of God, local, state or federal regulations, inadequate crowd control or protection from environmental conditions.
4. In the event the Client cancels the Event, but requests ILLUMENE Lighting and Event Production LLC’s services for a different date (a “Rescheduled Date”), the parties shall enter into a new Agreement for the Rescheduled Date. ILLUMENE Lighting and Event Production LLC reserves the right to apply Client’s previously paid amount and balances to the Rescheduled Date, and Client agrees to pay any additional Retainer due at that time.
5. In the event ILLUMENE Lighting and Event Production LLC is unable to provide agreed service due to accident, equipment failure or otherwise, ILLUMENE Lighting and Event Production LLC shall use its best efforts to find qualified replacement staff and/or equipment. In the event ILLUMENE Lighting and Event Production LLC is unable to locate a replacement staff and/or replacement equipment, and therefore fails to provide agreed service, Client’s deposit and all payments made by Client shall be refunded within the thirty (30) days following notification of ILLUMENE Lighting and Event Production LLC’s cancellation. Notwithstanding any provision to the contrary, the parties agree that the total liability to ILLUMENE Lighting and Event Production LLC and its employees and consultants, for all losses, damages, costs, expenses, including attorney’s fees, shall not exceed the aggregate amount paid to ILLUMENE Lighting and Event Production LLC under this Agreement (refund of client’s deposit and all payments made by Client) for ILLUMENE Lighting and Event Production LLC’s failure to perform, regardless of the legal theory under which such liability may be imposed. In no event shall ILLUMENE Lighting and Event Production LLC be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of anticipated profits or revenue.
6. ILLUMENE Lighting and Event Production LLC makes no warranties, guarantees, representation or promises, expressed or implied, regarding its performance under this agreement, and none should be implied.
7. The Client agrees to provide sufficient electricity for ILLUMENE Lighting and Event Production LLC’s equipment and is responsible for any electrical charges incurred. The client also must provide ILLUMENE Lighting and Event Production LLC with access to event venue with sufficient time prior to all delivery and installation of agreed rental units for the date of event for Client.
8. To the greatest extent permitted by law, the Client agrees to indemnify and hold ILLUMENE Lighting and Event Production LLC, its officers, shareholders, directors, agents, employees and independent contractors harmless from any and all claims, actions, suits, proceeding costs, expenses, damages, liabilities and consequential damages including attorney’s fees arising by reason of injury, damage, or death to person or property, in connection with or resulting from the use of equipment including but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. The Client hereby releases and holds harmless ILLUMENE Lighting and Event Production LLC from injuries or damages incurred as a result of the use of said equipment unless ILLUMENE Lighting and Event Production LLC is operating the equipment and is deemed by a court of law to be grossly negligent in actions. ILLUMENE Lighting and Event Production LLC cannot under any circumstances be held liable for injuries as a result of fire, nature, acts of God, or other conditions outside of ILLUMENE Lighting and Event Production LLC’s control.
9. The Client agrees to be fully responsible for equipment once it has been delivered and or installed. Loss or damage suffered by ILLUMENE Lighting and Event Production LLC to its equipment, representatives or otherwise during the rental period, including, but not limited to, theft, vandalism, damage as a result of improper crowd control, security, negligent or willful misconduct by the Client’s guests or exposure to environmental elements will be Client’s responsibility. To avoid this liability, client reserved right to request to maintain an ILLUMENE Lighting and Event Production LLC’s employee on property during the rental at additional cost.
10. Final balance for event is due in full TEN (10) days prior to event. If Client fails to pay the full amount due TEN (10) days prior to the Event, ILLUMENE Lighting and Event Production LLC reserves the right to cancel this event after notifying Client. In the event ILLUMENE Lighting and Event Production LLC must commence collection procedures for any reason, Client shall pay the costs and expenses of the same, including, but not limited to, reasonable attorney’s fees and office hours spent.
11. ILLUMENE Lighting and Event Production LLC herein reserves the right to utilize photographs, video recordings, audio or other media documentation of the Event for purposes of its own marketing.
12. This Agreement shall be construed in accordance with the laws of the State of Florida.
13. Any additional overtime/incurred fees will be automatically charged to the Client’s credit card within five (5) business days following the event unless the Client notifies ILLUMENE Lighting and Event Production LLC to use another payment method prior to the event.
14. There is a $50.00 Fee for All Returned Checks.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on the https://www.illumene.com website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by the provided online tools to do so. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at 786-597-3705 or send us an email at firstname.lastname@example.org. Mailing address: 13341 NE 17th ave, North Miami, 33181