General Terms and Conditions

These General Terms and Conditions (“Terms”) apply to and govern the provision of equipment, labor and services by Pinnacle Live, LLC (“Pinnacle Live”, “us” or “we”) to the customer (“Customer” or “you”) as set forth in the attached or referenced Scope of Work and/or similar order document(s) (individually or collectively the “Scope of Work”). The Scope of Work, any approved change order and these Terms constitute the entire agreement (the “Agreement”) between the Customer and Pinnacle Live with respect to the subject matter in the Scope of Work.

The Scope of Work, including any pricing, discounting, and concessions set forth therein, is valid for thirty (30) days from the print date set forth on the Scope of Work. All prices and availability are subject to change without notice until this Agreement is accepted and signed, and any required deposit is received. Until such time, all equipment reservations, and the scheduling of required technical personnel are on a tentative basis only.

These Terms include certain provisions directed at Exhibitors that only apply to you if you are an Exhibitor. You are an “Exhibitor” if you are renting a booth or space at an exhibition, tradeshow, forum or similar event to display your product(s) and/or service(s). If you are unsure whether this definition applies to you, please contact your Pinnacle Live representative to confirm.

If you are uncertain of your requirements or for any changes, speak with our Venue Director, Sales Director, or Sales Manager. We can assist with estimating your labor and equipment needs for your event.

Customer agrees to pay for the charges for equipment (“Equipment”), labor (”Labor”) and services (“Services”) set forth in the Scope of Work, subject to these Terms.

Acceptance

  1. Customer must review, sign and return these Terms prior to Pinnacle Live providing any Equipment, Labor or Services.
  2. Adjustments to the Scope of Work may be made prior to delivery of the Equipment and/or Services, provided that any necessary labor and equipment are available to accommodate your request.

Labor Rates

  1. Labor costs included in the Scope of Work (“Labor Costs”) are estimates only. The total Labor Costs will depend on the actual number of hours worked, including any applicable overtime, which we will bill to you at prevailing rates.
  2. A standard workday for our staff is eight (8) hours per day. After the first eight (8) hours, overtime rates go into effect at one and one-half (1.5) times the regular rates of pay.
  3. If an event continues until after midnight, any hours worked after midnight for the same event shall be considered part of the previous calendar day for purposes of calculating hours and overtime applicability.
  4. All labor between the hours of 12:01 AM and 6:00 AM will be billed at two (2) times the prevailing rate regardless of the number of hours worked.
  5. Pinnacle Live Labor must have at least eight consecutive hours off between each shift or Labor will be charged at 1.5 times the prevailing rate beginning at hour one of the subsequent shifts.
  6. On federal and state holidays, labor rates are two times the regular rates of pay.
  7. Meal Periods: Operators require a 1 hour paid break period for every 5 hours of consecutive work. Should this requirement not be met, a meal penalty of two (2) times the prevailing rate will be applied to each position, and the client must supply Hotel prepared meals for the crew. Operators are not permitted to eat at their stations and, therefore, a minimum of 30 minutes should be allotted to allow operators to step away.

Equipment Rates

  1. Customer agrees to pay to Pinnacle Live the rental fee for the Equipment during the rental period specified in the Scope of Work (“Rental Fee”). The Rental Fee is calculated in full-day increments based on the rental rate for each piece of Equipment per calendar day.
  2. Additional charges may apply if your actual rental period exceeds the number of days identified in the Scope of Work.
  3. A single event that continues until after midnight into the following calendar day may be considered a single day for purposes of calculating the Rental Fee only if provided in the Scope of Work or otherwise in writing by us.

Technology Support Fee

If a technology support fee is included in the Scope of Work, then the terms of this paragraph shall apply. A technology support fee allows Pinnacle Live to provide the necessary support required to help make your meeting or event successful, including pre-program planning and preparation, on-site support, coordination with our hotel partners and more. The entire fee helps cover our administrative costs and is not a gratuity in whole or part to employees of Pinnacle Live or any other party.

Equipment

  1. Pinnacle Live retains all title and rights to Equipment and accessories, and Customer shall ensure that no liens, claims or encumbrances are attached or placed on any Equipment.
  2. After Pinnacle Live personnel set up the Equipment, Customer will have the opportunity to test the Equipment and identify any potential problems with the Equipment before Pinnacle Live personnel depart. After such time, Customer is deemed to have inspected and tested the Equipment and agrees to have received the Equipment in good operating condition.
  3. Customer agrees to allow Pinnacle Live access to the Equipment, and to each location under Customer’s control where the Equipment is located at any time, for the purpose of implementation, service and/or removal.
  4. Customer agrees to use the Equipment in good faith and in accordance with all instructions provided by Pinnacle Live. Customer further agrees to notify Pinnacle Live as soon as practicable in the event of any interruption of service or damaged or defective Equipment.
  5. Pinnacle Live shall repair any damaged or defective Equipment or, if unable to repair it, use reasonable efforts to replace the Equipment with similar Equipment, if available, as soon as practicable. However, Pinnacle Live shall have no such obligation if it determines, in its sole discretion, that the Equipment has been subjected to: (a) abuse, misuse, negligence, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions provided by Pinnacle Live; or (b) use with any third-party product, hardware, software, or product that has not been previously approved in writing by Pinnacle Live.
  6. If you are providing a personal computer or other equipment that will be used for presentation purposes during your event, the computer or other equipment should be tested with the Equipment in advance to ensure compatibility. Please be sure you are familiar with the operation of your computer or other equipment, as well as any associated software. You are responsible for the setting up and removal of such equipment.
  7. We strongly recommend the use of surge protectors for all computers and equipment provided by Customer.
  8. All Equipment rentals are for use in the specific room or other location identified in the Scope of Work. Customer shall not move Equipment from the initial set up location to a different location.
  9. All Equipment and any other materials furnished by Pinnacle Live shall be removed only by Pinnacle Live at the close of your event in accordance with the Scope of Work.

Damage & Security

This Damage & Security Section shall not apply if a Loss/Damage Waiver (LDW) has been purchased and included in the Scope of Work: 

  1. Customer hereby assumes all responsibility for any and all damage or loss to the Equipment and agrees to pay all costs to repair or replace any Equipment damaged or lost, unless such loss or damage is caused by Pinnacle Live’s negligence. All costs shall be based upon repair costs for reparable Equipment or full replacement cost for lost, stolen, or irreparable Equipment.
  2. If Customer requires security, Equipment is to be left on show-site overnight or Pinnacle Live otherwise determines security is necessary during an event, Customer will be responsible for all costs in connection with the provision of such security.

Loss/Damage Waiver

If elected by Customer and included as a fee in the Scope of Work, Pinnacle Live agrees to waive any charges for loss or damage to Pinnacle Live owned Equipment, provided that: (a) if any loss or damage occurs, Customer agrees it will participate in any investigation by Pinnacle Live, the venue, insurers, law enforcement or other authorities; and (b) If Pinnacle determines the loss or damage was intentionally caused by Customer or its representatives, the waiver will not apply and Customer shall be liable for all such loss or damage.

Payment

  1. MASTER BILL – All charges will be applied to Customer’s venue master bill upon approval with the venue, unless otherwise set forth in the Scope of Work.
  2. DIRECT BILL – If the Customer will not be invoiced by the venue through a master bill and the event charges will be directly billed to the Customer, the Customer shall submit any applicable payment to Pinnacle Live via wire transfer, ACH Transfer, credit card or check. We must receive the initial payment at least two (2) weeks prior to the date of the event. Unless otherwise agreed by Pinnacle Live in writing, the minimum initial payment due is an amount equal to 100% of all estimated charges listed in the Scope of Work. After the close of your event, we will send you a final invoice if the actual amount owed by you exceeds the payments made. Final payment must be received by us within 30 days of submission of the final invoice.
  3. In the event charges are directly billed to Customer by Pinnacle Live, Customer shall provide a valid credit card to prior to date of the event. Customer hereby acknowledges by its signature that all payments, fees, or other amounts owed by Customer in connection with this Agreement, as well as any damage or loss to the Equipment, may be charged to Customer’s credit card in lieu of other financial agreements, unless otherwise set forth in the Scope of Work. Credit card charges may be subject to a 4% convenience fee.
  4. If necessary to enforce the collection of amounts due to us under this Agreement, Customer agrees to pay all collection costs and charges incurred by us, including court costs and reasonable attorneys’ fees.
  5. The estimated charges do not include any electrical or network charges that may be incurred. Those may be added at the conclusion of the event.

Cancellation

Unless otherwise agreed to in writing, if Customer cancels the scheduled event more than 30 days prior to the start of the event, Customer will not be charged any cancellation fee, except for any out-of-pocket expenses incurred by Pinnacle Live. In the event of a full or partial cancellation less than 30 days, but more than 72 hours, prior to the start of the event, Customer shall pay Pinnacle Live 50% of the price set forth in the Agreement, plus any out-of-pocket expenses incurred by Pinnacle Live. In the event of full or partial cancellation less than 72 hours prior to the start of the scheduled event, Customer shall pay Pinnacle Live 100% of the price set forth in the Agreement. ALL CANCELLATIONS MUST BE MADE IN WRITING AND RECEIVED BY PINNACLE LIVE’S ON-SITE REPRESENTATIVE BEFORE BECOMING EFFECTIVE.

Changes to Scope of Work

  1. Prior to the first day of the event, Pinnacle Live will provide an updated estimate of Rental Fees, Labor Costs, and any other applicable charges for approval and signature.
  2. Any requests for additional services or equipment are subject to the availability of our personnel and equipment. Pinnacle live will attempt to accommodate all such requests but will not be liable to Customer for any failure to do so.
  3. Customer must provide to us the name(s) of approved personnel authorized to make changes to the Scope of Work on Customer’s behalf.
  4. You must notify the Pinnacle Live contact listed in the Scope of Work to request any changes.
  5. All approved changes to the Scope of Work must be in writing.

Internet/Network Equipment and Services

In the event this Agreement includes internet/network equipment and/or services, Customer understands and agrees as follows:

  1. Customer understands and agrees that Pinnacle Live does not own or control the network telecommunications facilities used to access the internet and that the internet is a non-regulated public domain.
  2. You, or your designated IT professional, will be responsible for appropriate configuration of your personal computers and other equipment authorized by us for your use relating to the Services and Equipment provided by Pinnacle Live. Under no circumstance will Pinnacle Live personnel be responsible for making configuration changes to any computer or other equipment not provided by us.
  3. Customer understands and agrees that Pinnacle Live does not guaranty the operability of any network or Internet services and shall not, under any circumstances, be liable or responsible in any way for any Internet or network related disruptions, failures, Customer or third party supplied cables and/or equipment or any other issues or problems related to Internet or network services used by Customer above and beyond the agreed upon service.
  4. Under no circumstances shall Customer attempt to gain unauthorized access to or tamper with any part of the network.
  5. All wireless access points not authorized by Pinnacle Live in writing are prohibited. Wireless access points without adjustable power outputs are prohibited under all circumstances.
  6. Pinnacle Live reserves the right to disconnect any equipment (without refund) that, in Pinnacle Live’s sole discretion, is found to be causing overall network problems.
  7. If you wish to showcase your wireless products, you must contact Pinnacle Live at least fourteen (14) days prior to the start of the event so that we may attempt (but do not guarantee) to engineer a cohesive operating network that limits or controls interference. Approvals may incur a site survey fee.
  8. The network may only be used for lawful purposes and in accordance with these Terms. Transmission of any materials in violation of any local, state or federal laws or regulations is prohibited including, not limited to, trade secret materials, copyrighted materials, materials that are threatening or obscene.
  9. Wireless internet service is vulnerable to interference or disruption from other devices that may impact the service provided to Customer. Pinnacle Live does not guarantee that interference or disruption will not occur. For any critical presentations, Pinnacle Live recommends Customer purchase hardwired services, if available.

Additional Terms for Exhibitors

  1. Insurance and security for the Equipment is solely your responsibility. You must maintain an insurance policy that covers loss or damage to the Equipment in an amount not less than the Equipment’s full replacement value as identified on the Scope of Work and, if requested, such policy must list Pinnacle Live as an additional insured. If requested, you must provide us a copy of the policy prior to receiving any Equipment and ensure the policy remains active until after we have confirmed receipt of payment for the final invoice.
  2. Union labor costs, if applicable, are not included in the Rental Fee.
  3. No refunds or credits will be issued after the event ends.
  4. Your booth might not have designated outlets, including column and wall outlets. You are responsible for identifying the number of outlets you will need and including the number and type of outlets, including any extension cords and surge protectors, in your Equipment reservation. If you require separate outlets, additional fees apply for each piece of Equipment to be connected. Please contact Pinnacle Live for details.
  5. You are responsible for providing all necessary cables and connectors required to utilize the designated electrical connection points. All installations and connections must be performed by a Pinnacle Live team member.
  6. All cables and wiring in public view must be properly secured to the floor and/or wall. All tape must be approved by the hotel or applicable venue management before being applied to ground coverings. Cables and wiring that cannot be properly secured by tape must be covered and secured with a proper cable ramp.
  7. All cords, plugs, and power strips must be UL listed, in good repair, and all equipment to be powered must be labeled with the accurate type of current, voltage, phase, cycle, horsepower, etc. These items are available to rent from Pinnacle Live.
  8. All equipment provided by and used Customer must comply with current NEC, federal, state, and local codes

Indemnification

Customer and Pinnacle Live (each, as applicable, an “Indemnifying Party”) hereby agree to defend, indemnify and hold harmless the other for any and all third-party claims, losses, costs (including reasonable attorneys’ fees and costs), damages, or injury to property or persons (including death), as a result of the negligence or willful misconduct of the Indemnifying Party and/or its respective employees, agents, representatives or contractors. Customer also agrees to defend, indemnify and hold harmless Pinnacle Live, its affiliates and their respective personnel against violation of any (a) show or event rule, policy or regulation published or set forth by the show or event venue; and/or (b) copyright, patent or other intellectual property infringement including, but not limited to, any and all claims related to Pinnacle Live’s use of materials, recordings, videos, transmissions, software and/or hardware provided by Customer. 

Limitation of Liability

  1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. IN NO EVENT SHALL PINNACLE LIVE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO PINNACLE LIVE PURSUANT TO THIS AGREEMENT.

Exclusion of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE EQUIPMENT, LABOR AND SERVICES ARE PROVIDED BY PINNACLE LIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PINNACLE LIVE MAKES NO OTHER WARRANTIES WHATSOEVER REGARDING THE EQUIPMENT, LABOR OR SERVICES, WHETHER EXPRESS OR IMPLIED.

Force Majeure

Neither party shall be responsible for any delay or failure in performance under this Agreement if such delay or failure is caused by flood, riot, insurrection, fire, earthquake, strike, explosion, war, pandemic, act of God, acts of terror or any other force or cause beyond the reasonable control of the party claiming the protection of this paragraph, that in all cases makes it illegal, impossible or impracticable for a party to perform its obligations hereunder, but not including a party’s inability to perform due to its financial condition (each a "Force Majeure Event"). In the event of the occurrence of a Force Majeure Event, the parties agree that, if possible, the event that is the subject of this Agreement will be rescheduled at the first available opportunity reasonably practicable for each party. If the parties are unable to reschedule due to a Force Majeure Event, this Agreement may be terminated upon reasonable written notice without a cancellation charge as set forth herein; provided that in the event of any cancellation or postponement of the event or termination of this Agreement due to a Force Majeure Event, Pinnacle Live will return to Customer any and all prepayments and deposits made by Customer, less reimbursement for any work performed and expenses incurred by Pinnacle Live up through the date of cancellation, postponement or termination. If Customer has not provided a deposit or prepayment for such expenses and/or work performed, Customer shall, within fourteen days of invoice, pay Pinnacle Live for all such expenses and work.

Governing Law and Venue

This Agreement shall be governed by and interpreted in accordance with the laws of the state where the event is located, without regard to conflicts of law provisions. Any and all claims, actions, disputes or controversies arising out of or related to this Agreement shall be litigated only in the state or federal court located in the same state and closest to the event location.

Entire Agreement; Modification

This Agreement supersedes all previous verbal or written contracts with respect to the subject matter hereof and may only be modified by written agreement signed by both parties. These Terms and the Agreement prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request, order, or such general terms and conditions. Provision of Equipment or Services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms or the Agreement.