1. Acceptance of Terms:

By engaging Hurricane Productions LLC ("Company") for pre-production services, including but not limited to meetings, consultations, event design, quote creation, concept creation, location services, and any other preparatory work, you, the corporate client ("Client"), agree to be bound by these Terms of Service. This Agreement applies regardless of whether a formal, long-term contract is subsequently executed.

2. Scope of Pre-Production Services:

Pre-production services encompass all activities undertaken by the Company prior to the commencement of principal production or the delivery of final deliverables. These services are designed to develop and refine the Client's project vision and ensure a smooth and efficient production process.

3. Billing for Pre-Production Services:

• Hourly Rates/Project-Based Fees: Hurricane Productions will bill the Client for pre-production services based on either an agreed-upon hourly rate or a project-based fee, as communicated and agreed upon prior to the commencement of work.

• Meeting Time: All meetings, whether in-person, virtual, or telephonic, are billable. This includes initial consultations, progress updates, and any other meetings related to the Client's project.

• Expense Reimbursement: The Client will be responsible for reimbursing the Company for all reasonable and necessary expenses incurred during pre-production, including but not limited to travel, accommodation, location scouting fees, and third-party vendor costs.

• Invoicing: Hurricane Productions will provide invoices to the Client on a Weekly basis, or as otherwise agreed upon. Invoices will detail the services rendered, the time spent, and any applicable expenses.

• Payment Terms: Payment for pre-production services as defined in section 1 is due within 7 days of the invoice date. Late payments may be subject to a late payment fee of 1.5% per month, or the maximum allowed by applicable law.

• No Contract Requirement: The Client acknowledges that these billing terms apply regardless of whether a formal, long-term contract for the full production or service is ultimately signed. The Client's engagement in pre-production activities constitutes acceptance of these billing terms.
   

4. Changes and Cancellations:

• Changes: Any significant changes to the scope of pre-production services requested by the Client may result in adjustments to the agreed-upon fees and timelines.

• Cancellations: If the Client cancels pre-production services after work has commenced, the Client will be responsible for paying for all services rendered and expenses incurred up to the date of cancellation.

• Postponement: Postponements requested by the client may incur fees.
   

5. Intellectual Property:

• Pre-Production Materials: Unless otherwise agreed in writing, Hurricane Productions retains ownership of all intellectual property rights in pre-production materials, including but not limited to scripts, storyboards, and concept designs, equipment description, pricing, drawings, specifications, room layouts, stage/ lighting plots, designs and construction. Upon full payment for all pre-production services, the Client may be granted a limited license to use these materials for the specific project discussed for a specified term.

• Final Deliverables: Intellectual property rights related to final deliverables will be addressed in a separate, formal contract.
   

6. Confidentiality:

Both Hurricane Productions and the Client agree to maintain the confidentiality of all sensitive information shared during the pre-production process.

7. Limitation of Liability:

Hurricane Productions LLC's liability for any claims arising from pre-production services shall be limited to the amount paid by the Client for those services. Hurricane Productions LLC shall not be liable for any indirect, consequential, or incidental damages.

8. Governing Law:

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio.

9. Dispute Resolution:

Any disputes arising from these Terms of Service shall be resolved through Mediation/Arbitration/Litigation in the State and County in which the other party is registered in.

10. Entire Agreement:

These Terms of Service constitute the entire Agreement between Hurricane Productions LLC and the Client regarding pre-production billing and supersede all prior or contemporaneous communications and proposals, whether oral or written.

11. Amendments:

These Terms of Service may be amended by Hurricane Productions LLC at any time. Hurricane Productions LLC will provide the Client with reasonable notice of any amendments.

 

12. Personal Guarantee 

In consideration for Hurricane Productions LLC entering into this Agreement with Client, and recognizing that the Client is a registered business, the representative(s) signing this Agreement on behalf of Client is also hereby referred to as "Guarantor", having interest in Client, unconditionally and personally guarantees to Hurricane Productions LLC the full and timely payment and performance of all obligations of Client under this Agreement, including but not limited to the payment of all fees, costs, and expenses. Guarantor agrees that this guarantee is absolute, unconditional, and continuing, and shall remain in full force and effect until all obligations of Client to Service Provider under this Agreement have been fully paid and performed. The liability of Guarantor under this guaranty shall be direct and immediate, and shall not be conditioned or contingent upon any action or inaction on the part of Service Provider with respect to Client. Guarantor waives any right to require Service Provider to: (a) proceed against Client first; (b) pursue any other remedy; (c) exhaust any of its rights or remedies against Client; (d) give any notice of non-payment, non-performance, or any other default by Client; or (e) take any action to enforce any security or other collateral. Guarantor consents to any modification, amendment, or extension of the terms of this Agreement that may be agreed upon by Service Provider and Client, without notice to Guarantor, and Guarantor's obligations under this guaranty shall not be affected thereby. Guarantor shall be jointly and severally liable with Client for all obligations under this Agreement. Guarantor agrees to pay all reasonable costs, expenses, and attorneys' fees incurred by Service Provider in enforcing this guarantee. This guarantee shall be binding upon Guarantor, and Guarantor's heirs, successors, and assigns, and shall insure to the benefit of Service Provider, and its successors and assigns

By engaging Hurricane Productions LLC for pre-production services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service.