Terms and conditions

These terms apply to every estimate, project, or equipment rental accepted from Gordon van Gent, LLC (“GvG LLC” or “Contractor”), a Michigan limited liability company, by the accepting person or organization (“Client”). Each accepted estimate is governed by the version of these terms published at gordonvangent.com/gvg/terms on the date it is accepted. Accepting an estimate, in writing or by message, is acceptance of these terms for that work.

Work is priced from the published rate sheet unless an accepted estimate states otherwise. Day rates cover a ten-hour workday. Time beyond the estimated scope is estimated in advance where possible; unquoted overage is billed at time and a half. Projects beyond Kalamazoo County are billed at day rates.

Travel is estimated up front and billed at actual cost, with mileage at the prevailing federal IRS standard rate. Requests to deliver or collect equipment or media outside the estimated scope are billed at the applicable hourly labor rate plus mileage.

Client agrees to pay for services at the rates in each accepted estimate. Hourly work that accumulates over a month is invoiced monthly; day-rate and fixed-price work is invoiced as the estimate states, usually on completion. A deposit may be required to hold a date and is credited against the final invoice.

Unless the estimate or invoice says otherwise, invoices are due within thirty days of the invoice date. Undisputed amounts not paid when due accrue interest at one and one-half percent (1.5%) per month, eighteen percent (18%) annually, or the maximum rate permitted by law, whichever is lower, from the day after the due date until paid in full. Checks are payable to Gordon van Gent. Credit card payments carry a 3% processing charge; Venmo, Cash App, and Apple Pay carry none.

For locations under Client’s control, Client provides what a working engineer and equipment need for the day: restroom access; a dry, level, covered working area for people and gear; heating or cooling when conditions are extreme, for the sake of both the crew and the equipment; reliable AC power near the working area; access to the space at least two hours before the scheduled start, or as the estimate states, with load-in access and nearby parking; a reasonably secure place for equipment during breaks and between days; a meal break on full days; and conditions that are safe and lawful for the work.

Client also obtains any permits, licenses, or permissions the work requires at its locations, secures consent from performers and participants being recorded, provides copyright licensing for material being recorded or distributed, and submits equipment and personnel requests at least fourteen days before the event.

If these needs are not met and Client still wants the work to proceed, Contractor may add the cost of meeting them to the invoice. That can include, without limitation, generator rental, portable restrooms, tents or other shelter, heaters or fans, security, location permits, and additional labor.

Rented equipment remains the property of Gordon van Gent, LLC. Client inspects equipment at pickup or delivery and accepts it in good working order unless noted at that time. Client uses it only for its intended purpose, only by competent people, keeps it dry and secured, and does not modify, sublet, or lend it.

Client is responsible for the equipment from pickup or delivery until it is returned, including loss, theft, and damage beyond normal wear, at the cost of repair or of replacement at current retail, and reports any loss or damage promptly. Equipment is returned clean, packed as it was received, on the agreed date; late returns are billed at the daily rate for each day or part of a day. Contractor may require a deposit, proof of insurance, or a signed rental agreement for higher-value items.

Cancellation more than fourteen days before a live event or scheduled recording carries no charge beyond any non-refundable deposit and any costs already committed on Client’s behalf, such as contractors, rentals, or permits. Cancellation fourteen days or fewer before the date is billed at fifty percent of the estimated labor plus committed costs. Cancellation within seventy-two hours, or a no-show, is billed at the full estimated labor plus committed costs.

If Contractor must cancel within fourteen days, Contractor will provide a professional of equal ability and the engagement transfers to them, releasing Contractor from the agreement; if no substitute can be arranged, Contractor promptly refunds all fees paid and has no further liability for the project.

If Client proposes a new date or time, Contractor will make reasonable efforts to accommodate it. If the new date conflicts with Contractor’s schedule, Contractor may end the engagement; any non-refundable deposit is forfeited and completed work remains payable. Changes to scope require an updated, accepted estimate before the adjusted work begins.

Contractor is responsible for the audio services described in the accepted estimate and, in good faith with Client and the rest of the production, directs how those services are delivered: system design, placement, mixing, and the technical decisions within that scope. Client retains creative control of the overall project. Nothing in these terms limits Contractor from taking other work.

Contractor cannot guarantee results limited by restrictions at a performance or recording location and is not responsible for reduced quality caused by them.

Final product is delivered as described in the accepted estimate, normally as a digital download or transfer; physical media is available when estimated. Files stay on hand for at least one year after the project unless otherwise agreed.

Until final payment, all intellectual property in audio recorded and produced by Contractor remains with Contractor and may not be reproduced without written permission. On final payment, rights in the final product transfer to Client; Contractor retains copyright in the master recording files. Client grants Contractor permission to exhibit the resulting work as an example of Contractor’s work on websites and equivalent venues.

For music written and produced by Contractor, terms of use and licensing are listed in the accepted estimate. For recordings containing Client’s or a third party’s intellectual property, those rights transfer to the copyright holder on final payment and Contractor retains rights in the master files only.

Client is responsible for securing rights to any third-party material included in or performed on a recording, such as music, scripts, samples, and performances, and for whatever licenses Client’s own publication or distribution requires. Contractor is not liable for Client’s use, publication, or distribution of deliverables that include unlicensed third-party material, and Client holds Contractor harmless from claims arising from it.

Contractor takes care with venues and with equipment, its own and Client’s. Contractor is responsible for damage to a venue or to Client property caused by Contractor’s negligence. Marks or wear that result from the ordinary, careful use of production equipment, such as stands, cases, cable ramps, tape, and speaker placement, are not damage for which Contractor is responsible; Client should identify surfaces that need protection before setup. Damage to Contractor’s own equipment in the course of its proper use by Contractor is Contractor’s responsibility.

Client is responsible for damage to Contractor’s equipment, and for injury or damage, caused by Client, its guests, performers, or attendees, or by the misuse of Contractor’s equipment by anyone other than Contractor. Contractor is not responsible for injury or damage arising from Client-provided equipment used in performing the services.

Contractor may pause, modify, or stop work when conditions are unsafe for people or equipment, including severe weather, an unsafe electrical supply, or unsafe crowd conditions. Such a pause is not a breach of the agreement. Contractor may decline outdoor work in inclement weather, and Client provides an alternate nearby location for it.

Contractor is not liable if performance is prevented or impaired by war, insurrection, strikes, riots, fire, acts of God including adverse weather, shortages of labor or materials, laws or governmental restrictions, or any other matter beyond Contractor’s reasonable control. In case of unanticipated illness, Contractor will make reasonable efforts to substitute another competent professional; if none can be assigned in time, Contractor will promptly refund all fees paid and have no further liability for the project.

Contractor takes the utmost care in transporting and handling equipment and media. Should equipment or recorded audio be lost, stolen, or destroyed for reasons within or beyond Contractor’s control, and in every other case, Contractor’s total liability for a project is limited to the amount Client has paid for that project. Contractor is not liable for indirect, incidental, or consequential damages, including lost revenue or business interruption.

Contractor may engage assistants or subcontractors of appropriate ability to perform part of the services and remains responsible for the work. Costs for additional crew are included in the estimate or agreed in advance.

The accepted estimate together with these terms is the entire agreement between the parties for that project and supersedes any prior promises or representations. Any waiver, amendment, or addition must be in writing and signed by the party against which it is to be enforced.

This agreement is governed by the laws of the State of Michigan. Any action to enforce it is brought in a court of competent jurisdiction in Kalamazoo County, Michigan, and each party bears its own attorney’s fees. If any provision is unenforceable, the rest remains in effect. The agreement binds and benefits the parties and their respective heirs, successors, and assigns, and each party represents it has the authority to enter into it.