Terms & Conditions

These terms and conditions shall apply to all sales and/or rentals transacted between Premier Creative Group, hereinafter referred to as “Premier,” and any client, hereinafter referred to as “Client.” This contract covers all transactions and agreements without specific reference to individual projects or job numbers.

1) TERMS OF PAYMENT: The Client agrees to pay Premier according to the payment terms outlined in the respective contracted agreement.

2) PAYMENT METHODS: Premier will accept payments by ACH (Wire Transfer), Check, or Credit Card. Premier’s preferred method of payment is ACH. A surcharge of 2.5% will be added for all payments by credit card.

3) DEPOSITS: A Deposit totaling 50% of the agreed upon Total Amount is due prior to the Event Load In Date. Payment may be made by ACH wire transfer or certified check or major credit card – a surcharge of 2.5% will be added to payments made by credit card.

4) DISHONORED CHECKS: Checks remitted for payment that are subsequently dishonored by the issuing bank will be assessed with a returned check charge of $25.00.

5) COLLECTION COSTS: N/A

6) TRADE DISCOUNTS: Premier may sometimes provide a trade discount. Such discounts are intended to reflect an ongoing relationship between Premier and the Client. Such discounts are given on the condition that undisputed invoices will be paid according to the agreed upon payment terms. Undisputed invoices not paid within the agreed payment terms may result in loss of trade discounts.

7) PRICES: Subject to the terms above regarding trade discounts, Premier’s prices shall be as set forth in its estimates or quotes, if the same have been provided (subject to changes in prices resulting from applicable tax, shipping and similar calculations and reimbursement of actual costs, which are preapproved by Client and documented to Client’s reasonable satisfaction). All applicable sales and other taxes shall be the Client’s responsibility.

8) SHIPMENT OF MATERIALS: Materials will be shipped via the method deemed by Premier to be most practical. Clients desiring a particular method of shipping, or insurance on shipment, must make such requests in writing when materials are ordered. All shipping costs shall be charged to Client.

9) CONFIRMATION: A quote is considered confirmed only after the quote has been signed or otherwise executed (for example, electronically using DocuSign or similar electronic means) by the client. Due to potential increases in labor, shipping and equipment rental prices, Premier will honor our quote pricing for 60 days from the date the quote is delivered to the client. If confirmation is not received within those 60 days, a new quote with updated pricing will be developed. If confirmation is not received within seven (7) days of the event start date, Premier reserves the right to reject the confirmation due to the lack of adequate time to staff the event, deliver equipment and/or set the equipment up at the venue selected by the client. However, Premier will always make every effort possible to carry out the event in accordance with the quoted services.

CANCELLATION: Any cancellation of Premier’s services or performance hereunder once Client’s order has been confirmed is subject to a cancellation charge. All cancellations shall be in writing and shall not be effective until received by Premier.

The “First Day of the Project” is defined as the first scheduled day of warehouse prep for the overall event. Premier reserves the right to cancel all obligations under these Terms and Conditions if the Client does not fulfill its obligations hereunder, including without limitation to timely payment as described in Section 1.

POSTPONEMENT: Any postponement of Premier’s services or performance hereunder once Client’s order has been confirmed is subject to a postponement charge that will be credited back when the event occurs. The charge will be fifty percent (50%) of the charge for equipment and labor noted on the confirmed Quote and applies to any project that is postponed between the period when the Quote was first approved and the first day of the project as defined above.

10) AGREEMENTS REGARDING PROPERTY: 

1. a) Premier’s Property: Client understands and agrees that it is fully liable to Premier for damages to any of Premier’s property when such damage is the result of the intentional or negligent acts or omissions of Client, and/or its officers, employees, contractors, affiliates, agents, vendors, or any person or entity otherwise under the direction or control of Client, as well as any third-party to whom Client has given possession, custody, or control of Premier’s property. Client agrees it shall promptly pay to Premier reasonable cost of such damaged property or Premier’s actual damages to the property upon demand by Premier and presentation by Premier of reasonable documentation to support the cost of such repair or amount of damages.

1. b) Client’s Property: Client understands and agrees that Premier is not in the business of moving, transporting, or storing the property of others, including, without limitation, the property of Client, and/or its officers, employees, contractors, affiliates, agents, vendors, or any person or entity under the direction or control of Client. Premier may, from time to time, upon Client’s request and at Premier’s sole discretion as a courtesy to Client, agree to move, transport, or store Client’s property or such other property of others as may be in the possession, custody, or control of Client, and/or its officers, employees, contractors, affiliates, agents, vendors, or any other third-party. Client understands and agrees that in the event Premier agrees to move, transport, or store such property at Client’s request, it is at Client’s sole risk and that Premier shall have no liability for any damage to such property, excepting damage intentionally caused by or as a result of gross negligence of Premier, and/or its officers, employees, contractors, affiliates, agents, vendors, or other person or entity under the direction or control of Premier.

All of Client’s property delivered to Premier’s possession, control, or custody for purposes of moving, transporting, storing, or otherwise, may be moved in such manner or kept at such place or places as Premier may deem suitable and desirable, and there is no promise or representation, express or implied, that such property delivered to Premier for any purpose will be retained or kept at any specific location, be that Premier’s premises or at any other designated place.

1. c) Property of Third-Parties: Client understands and agrees that in no event shall Premier have any liability in excess of the scope and amount of Premier’s liability for intentional damage to Client’s property set forth in this Agreement for damage to any property of third-parties, to include, without limitation, Client’s vendors, contractors, agents, affiliates, or any other third-parties, when Client is in possession custody or control of such property of third-parties, custody, or control of Premier.

11) INDEMNIFICATION:

1. a) Mutual Indemnity Obligations. Each party (each, in such capacity, the “Indemnifying Party”) shall indemnify and hold harmless the other party, its affiliates and its agents, and successors and permitted assigns thereof (each, in such capacity, the “Indemnified Parties”), against any and all third party claims and resulting liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of the following by the Indemnifying Party or its personnel, agents or representatives (a) gross negligence or willful misconduct in connection with this Agreement or any Work Order or (b) a material breach of this Agreement or any Work Order.

1. b) Indemnity Procedures. The Indemnified Parties will give the Indemnifying Party prompt written notice of any matter upon which the Indemnified Parties intend to base a claim, provided that delay in providing such notice will not release the Indemnifying Party from any obligations hereunder except to the extent that the Indemnifying Party is prejudiced by such delay. With respect to the settlement of any claim relating solely to the payment of money damages, which could not result in the Indemnified Parties becoming subject to injunctive or other equitable relief or otherwise adversely affect the business of the Indemnified Parties in any manner, and as to which the Indemnifying Party has acknowledged in writing its obligation to indemnify the Indemnified Parties hereunder, the Indemnifying Party shall have the sole right to settle or otherwise dispose of such claim, on such terms as the Indemnifying Party shall deem appropriate, provided that Indemnifying Party shall provide reasonable evidence of its ability to pay any damages claimed and, with respect to any such settlement, shall have obtained the written release of the Indemnified Parties from the claim. The Indemnified Parties may participate in such negotiations to protect its interests and the Indemnifying Party will provide reasonable assistance to the Indemnified Parties and their counsel at no charge. With respect to the settlement of any claim not relating solely to the payment of money damages, the Indemnifying Party will have the right to consent to the entry of judgment with respect to, or otherwise settle, a claim only with the prior written consent of the Indemnified Parties, which consent will not be unreasonably withheld, provided, however, that the Indemnified Parties may withhold consent if any such judgment or settlement imposes an unreimbursed monetary or continuing non-monetary obligation on such Indemnified Parties or does not include an unconditional release of the Indemnified Parties from all liability with respect to the claim.

12) LIMITATION OF WARRANTY AND LIABILITY: Neither party shall be liable for any loss or damage due to delay or failure of performance caused directly or indirectly by any event of force majeure, including without limitation acts of God, epidemic, strikes, lockouts, and labor disputes of any kind (except labor disputes involving Premier’s own employees) or description, fire, severe weather, failure of transportation, inability to obtain the services of others, the failure of others to deliver services or facilities, the failure of machinery or equipment, and any other matter beyond either party’s control. Should this Agreement be cancelled in accordance with this Section 12, Client agrees to pay Premier for any out-of-pocket costs incurred by Premier up to the point of the event cancellation.

To the maximum extent permitted by applicable law, either party and its affiliates will not be liable or any incidental, consequential, special, indirect, exemplary or punitive damages, even if advised of the possibility of such damages and regardless of the failure of essential purpose of any limited remedy, and either party and its affiliates’ total cumulative liability with respect to any claim relating to or arising out of this agreement will not be exceed the fees paid or payable by client to Premier under this agreement.

 13) REMEDIES CUMULATIVE: All rights and remedies at law or in equity, or pursuant to any provision(s) of this agreement between Premier and the Client to which either party may be entitled, shall be cumulative and not exclusive of one another and may be exercised concurrently or separately.

14) WAIVER: Any waiver, whether express or implied, or the breach of any term, condition, or provision herein shall not be construed to be a continuing waiver or consent to a subsequent breach on the part of the other party hereto.

15) ASSIGNMENT: Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. The rights and obligations hereunder shall benefit and be binding on the respective heirs, personal representatives, successors, and permitted assigns of the parties hereto.

16) CHOICE OF LAW AND JURISDICTION: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan, without regard to or application of its choice of law provisions.

17) MODIFICATION: This agreement shall not be modified or amended by the parties except by written instrument signed by the parties.

18) PARTIAL INVALIDITY: If any term, provision, convenient, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

19) ENTIRE AGREEMENT: This Agreement contains the entire understanding and agreements between the parties hereto respecting the within subject matter, and there are no representations, agreements, or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein.

20) REIMBURSEMENT FOR TAXES: Any taxes Premier may be required to pay in connection with the Client’s material received by Premier or services performed, including sales tax, will be charged to the Client’s account, and shall be promptly reimbursed to Premier by Client within thirty (30) days of Client’s receipt of invoice.

21) ACCEPTANCE OF TERMS: Client expressly accepts these Terms and Conditions herein contained, by execution or otherwise confirming acceptance of a quote issued by Premier, or by payment of a deposit on a quote, or by receipt of services and/or products delivered by Premier to Client or its designee.

22) FACSIMILE SIGNATURES: Signatures sent/received via facsimile or emailed PDF shall be considered as originals, and as such are valid signatures.

23) EQUIPMENT RESPONSIBILITY: Premier will not insure any Client materials while in the possession of Premier or while in transit to and/or from Premier or any event venue, unless specified in a separate agreement. All such Client materials delivered to Premier are accepted with the express understanding and condition that the Client will carry the insurance it deems necessary to protect against all loss or damage from any cause whatsoever, including negligence, whether suffered while in Premier’s possession or control, or otherwise. Premier disclaims any responsibility for such loss or damage while Client materials are in Premier’s custody or control.

24) THIRD-PARTY MATERIALS: Client shall be responsible for obtaining all necessary rights and licenses to any third-party software or other materials necessary in the provision of the services identified in the Order Form (“Third-Party Licenses”). Premier will identify to Client all Third-Party Licenses required to provide the requested services and a provide Client a copy of all documentation and third-party agreements relating to such Third-Party Licenses as are available to Premier or make them available on Premier’s website or otherwise provide information specifying where Client can access such documentation and third-party agreements. Premier shall not be liable for any delays or modifications to the services or equipment provided hereunder due to Client’s failure to timely obtain the necessary Third-Party Licenses or Client’s breach of applicable third-party agreements. All third-party software and materials are provided pursuant to the terms and conditions of the applicable third-party agreement. Client shall comply with all such third-party agreements and any material breach by Client thereof will be deemed a material breach of this agreement.

25) BUSINESS ETHICS: Client is committed to conducting business activities with the highest standards of business ethics and working with others with this same commitment. Therefore, Premier also agrees to conduct business in an ethically appropriate manner. Both parties agree to protect basic human rights by providing safe, healthy working conditions, treating workers with dignity and respect, acting fairly and ethically, and using environmentally responsible practices. In addition, both parties will provide inclusive work environments free from all forms of unlawful discrimination, including sexual harassment and harassment based on protected status. Neither party shall offer, give, solicit, be part of a transaction involving, or receive any form of bribe or kickback. Both parties shall comply with all applicable laws and regulations, including those related to bribery of domestic or foreign individuals and entities, environmental protection, and human trafficking and forced labor. Premier will maintain true, accurate and complete books and records concerning any payments made to another party by Premier under the Agreement, including on behalf of the Client. Upon thirty (30) days written notice and no more than once per calendar year, the Client and/or its designated representative may audit Premier’s compliance with this section, and Premier shall make available its books and records to assist with such audits.

26) COMPLIANCE WITH APPLICABLE LAWS: Premier agrees to comply with all applicable laws and regulations. Premier agrees to comply with, and shall not permit its employees, agents, or contractors or any third parties to violate U.S. export controls and economic and trade sanctions laws and regulations (collectively, “Trade Laws”). Without limiting the foregoing, Premier represents that it (a) will not perform Services from a country or territory that is itself the subject or target of comprehensive trade or economic sanctions (currently Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, so-called Donetsk People’s Republic, so-called Luhansk People’s Republic regions of Ukraine) (a “Sanctioned Country”); (b) is not a Sanctioned Person; and (c) will not permit or enable any Sanctioned Person to perform Services. (For purposes of this provision, a “Sanctioned Person” means any individual or entity (i) listed in the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control, the Entity List maintained by the U.S. Department of Commerce, or any other Trade-Law-related list of designated persons maintained by the United States, the United Nations Security Council, the European Union, any Member State of the European Union, or the United Kingdom; (ii) operating, organized, or resident in a Sanctioned Country; (iii) that is a member of the government of, or acting for or on behalf of the government of, Venezuela or a Sanctioned Country; or (iv) owned or controlled by, or acting for or on behalf of, one or more individuals or entities described in clauses (i), (ii) or (iii) above.)

27) NON-DISPARAGEMENT/INTERFERENCE WITH BUSINESS RELATIONSHIPS: The parties agrees that, during Premier’s engagement with the Client and, for a period of one (1) year from the date of termination or the expiration of this Agreement, the parties will not, directly or indirectly, on behalf of either party or any other person or entity, induce or encourage any client of the parties to cease doing business with the other party or to reduce or restrict in any way the amount or nature of such business done with the other party. Furthermore, during Premier’s engagement and thereafter, the parties will not, and will not encourage or assist any other person or entity to, directly or indirectly, disparage, deprecate, or make any negative comment with respect to the other party, its affiliates, its employees, suppliers, products or services, or its business operations.

28) CONFIDENTIALITY: The existence and terms of any data, specification, drawing, technology or other information or material that are provided by or paid for by Client with respect to the Agreement or that is related to the business, technology, prospects, financial condition or concerns other proprietary or confidential information of Client which Premier may obtain from Client or otherwise discover, or all Premier information derived from or incorporating any of the foregoing, shall be maintained by Premier as confidential using the same degree of care that Premier uses to protect its own confidential information (but not less than reasonable care) and will not be disclosed to third parties or used or copied other than to satisfy the requirements of the Agreement. Upon written request of Client, Premier will promptly return or destroy, at Client’s option, all the foregoing items. Premier shall not, without the prior written consent of Client, advertise or otherwise publicly disclose the fact that Premier has contracted to supply the services to Client.