EXTRAGRAMS, LLC
Terms and Conditions
for provision of performance services
Applicability. These terms and conditions (these “Terms”) for the provision of performing artist services (the “Services”) by visual and performing artists (the “Artist”) are the only terms that govern the provision of services by Extragrams, LLC (“Service Provider”) to you (the “Customer”) and/or the intended recipient of the services (if different from Customer, the “Recipient”).
Services. Service Provider shall provide the Services in accordance with these Terms.
Performance Dates. Service Provider shall use reasonable efforts to meet any performance dates and times specified in the Order Confirmation (the “Scheduled Time”), and Service Provider will provide Customer with advance notice as soon as reasonably practicable if Services will not be able to be provided at Scheduled Time. Further, Service Provider will coordinate with Customer to arrange a new performance date and time for provision of such Services.
Customer's Obligations.
(a) Customer shall, or shall instruct Recipient to:
i. Be available for the Services within ten (10) minutes of the Scheduled Time;
ii. Respect and provide a safe environment for the Artist; and
iii. Respond promptly to any Service Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement.
(b) If, at any point (subject to the Artist’s sole discretion), the Customer or Recipient violates Section 4(a) above, the Artist will be allowed to leave the premises immediately, and the Service Provider shall not owe a refund to Customer, nor shall be obligated to provide any additional Services.
Cancellations and Change Requests.
(a) All payments are non-refundable, as the Service Provider will be coordinating with Artists to provide the Services at the specified time.
(b) If Customer wishes to change the scope or performance of the Services, it shall submit details of the requested change to the Service Provider in writing or by phone. Service Provider shall, within a reasonable time after such request, provide a written estimate to Customer of:
i. any necessary variations to the Scheduled Time or the fees and other charges for the Services arising from the change; and
ii. any other impact the change might have on the performance of this Agreement.
(c) Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”).
Intellectual Property. All intellectual property rights, including copyrights, trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all work product and performances that are delivered to Customer or Recipient under this Agreement or prepared by or on behalf of Service Provider in the course of performing the Services (collectively, the “Deliverables”) shall be owned by Service Provider or the Artists, as applicable. All photos taken during scheduled event shall be used for personal use only and may only be used for promotional or business purposes after negotiating agreed upon terms with artists and Service Provider.
Unsatisfactory Services.
The Service Provider shall not be liable for any Services unsatisfactory to Customer or Recipient (“Unsatisfactory Services”) unless Customer gives written notice of the Unsatisfactory Services, reasonably described, to Service Provider within three (3) days of the time at the Services were delivered.
Service Provider shall, in its sole discretion, either:
(a) repair or re-perform such Unsatisfactory Services; or
(b) credit or refund the price of such Services at the pro rata contract rate.
Limitation of Liability.
(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER, RECIPIENT OR TO ANY THIRD PARTY 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 WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ARTISTS MAY WEAR HIGH HEELS OR OTHER HARD SOLES SHOES AND THAT NEITHER ARTISTS NOR SERVICE PROVIDER WILL BE RESPONSIBLE FOR ANY FLOOR DAMAGES CAUSED BY SHOES.
(c) IN NO EVENT SHALL SERVICE PROVIDER'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 AMOUNT PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
(d) The limitation of liability set forth in Section 8(c) above shall not apply to (i) liability resulting from Service Provider's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Service Provider's negligent acts or omissions.
Force Majeure. The Service Provider shall not be liable or responsible to Customer or Recipient (if applicable), nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic (including the COVID-19 pandemic), or restraints or delays affecting Artists or telecommunication breakdown or power outage.
Governing Law and Venue. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Texas. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the Services shall be instituted in the courts in the City of Austin, County of Austin, Texas.
Notices. All Notices between the parties shall be delivered by email.
Use of Photos and Video. Service Provider reserves the right to use any photos or videos taken during an Extragrams event for their own use or for promotional use and share among social media platforms. If Customer or Recipient wishes to not have media shared, agreement can be made in advance or will be taken down at the request of Customer or Recipient.