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1. BAD WEATHER. The
USER must consider the potential that bad weather may disrupt their
event and prepare alternative options. Unless agreed by both parties, NO PROPERTY
other than tents (and contents of walled tents) may be set up or used
outdoors if any of the following conditions are present, expected or forecast:
1.1 the
temperature if forecast to be below 35oF
(this applies only to outdoor installations of other than tents or
shelters) unless adequate area heating is present.
1.2
thunderstorms, heavy rain or heavy snow are forecast at any time
during the set-up period, or
1.3 winds in
excess of 30 MPH are forecast.
1.4 any
weather condition in where would would violate the
Entertainment Worker's Bargaining Agreement in force with
PROVIDER.
1.5 any
weather condition where work would violate OSHA, State or Local
Health and Safety regulations. This includes the installation of any
power equipment in other than dry conditions or the setup of any
metallic equipment when lightning flashes are observable within 50
miles or expected to be within 50 miles during the setup period.
Property set
inside a pre-set walled tent is considered indoors. Tents may be removed from
service to protect people and property from injury or damage when
extreme weather conditions are deemed by PROVIDER to exist.
2. USER'S
SOLE RESPONSIBILITY. ANY USE of equipment in the excluded
conditions
above is solely at USER’s risk and responsibility with no warranty
or adjustment for loss of use. USER is responsible for all damages or
losses during such periods. Any additional labor and services
required to set, move, clean or otherwise prepare or protect
equipment from BAD WEATHER shall be paid by the
USER.
2.1 USER MAY
NOT request use during any period deemed by PROVIDER to be unsafe or
harmful to workers, participants or property. See
QUIT PROJECT, below.
2.2 LACK OF
USE, INCOMPLETE SETUP or IMPROPER SETUP may not be stated as grounds
for dispute when BAD WEATHER conditions exit or if PROVIDER
QUITS PROJECT (as indicated below).
Only the remedies provided herein shall apply.
2.3 USER
WILL NOT BE RESPONSIBLE for Acts of God or damages to property
during BAD WEATHER when PROVIDER is notified of impending conditions
and USER follows PROVIDER's instructions to mitigate potential
damages.
3. ADEQUATE
SECURITY DEPOSIT. USER MUST have an adequate security deposit
submitted with PROVIDER to cover all potential losses, damages and
additional labor that may be required. PROVIDER SHALL HAVE NO
responsibility to perform in BAD WEATHER conditions if USER has not
provided an adequate security deposit.
4.
QUIT
PROJECT. PROVIDER SHALL HAVE NO RESPONSIBILITY to perform and may
quit project if it deems conditions to be unsafe for any STAFF
MEMBER OR PARTICIPANT or harmful to PROVIDER's equipment. PROVIDER
may take ANY ACTION necessary to protect its equipment and may
reschedule an event due to BAD WEATHER as deemed necessary. In such
cases, the BAD WEATHER
RESCHEDULING terms (below) will apply.
5. USER
RESCHEDULING. USER may reschedule an event due to BAD WEATHER prior
to equipment transport vehicles leaving PROVIDER's warehouses with
reasonable documentation of BAD WEATHER to PROVIDER. In such cases,
the BAD WEATHER RESCHEDULING
terms (below) will apply.
6.
BAD WEATHER RESCHEDULING. If
BAD WEATHER causes EITHER PARTY to reschedule an event according to
the terms above, then the following shall apply:
6.1
RESCHEDULING PRIOR TO TRANSPORT. If event is rescheduled prior to any equipment
transport vehicles leaving PROVIDER's warehouses, USER may select a
new event date within 90 days of the current event date from those
dates when PROVIDER's equipment and labor is available. A later
rescheduled date may
be selected with payment of the fee noted in Section
6.3, below.
6.2
RESCHEDULING AFTER TRANSPORT. If event is rescheduled after any equipment transport vehicles have left PROVIDER's warehouses USER may select one of the following options:
6.2.1.
USER may move the
event indoors, into a tent or into another covered and weather
protected area and event times extended (if wanted). Costs of
additional equipment and labor (including that for moving,
cleaning, preparing and protecting equipment) shall be paid by the
USER. Or,
6.2.2.
USER may select a
new event date from those when PROVIDER's equipment and labor is
available with the payment of the following additional fees and
costs: (1) all additional mileage fees, expenses and labor costs
to setup, use, takedown and transport the equipment for the new
event date. Event minimum rentals apply for any event date,
whether normally scheduled or rescheduled. Delivery and labor
expended on the original (bad weather) event date are not
adjustable or refundable. If the rescheduled event date selected
by USER is more than 90 days from the original event date, the fee
noted in Section 6.3, below shall apply.
6.3 EXTENDED EVENT RESCHEDULING DATE. If the
rescheduled event date selected by USER is more than 90 days from
the original event date, the fee $2.00 per day shall apply after the
first 90 days. However, this fee may be applied in full towards
additional items rented for the rescheduled event (labor and
delivery for such items must be paid if required). Provider may
waive any fees at its option.
7. LIMITATION OF
BENEFITS. The maximum benefits of the bad weather policy are provided
herein. No amounts paid may be refunded or otherwise reimbursed. USER
may not submit a PAR ("Program Adjustment
Request") or other dispute based on disagreement with this
policy, the benefits it provides or PROVIDER's QUITTING PROJECT as
allowed herein. Any such submission shall result in the disallowance of
all benefits provided in this policy.
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