Protostream Service Terms & Conditions
Protostream LLC and the Client enter into this agreement with the understanding that Protostream
will perform the production and creative services listed on the proposal, estimate, statement of work
(SOW), and or invoice in exchange for the agreed service fees under the following terms and
conditions.

​Statement of Work 
The services and deliverables for all projects or events will be outlined by an estimate, quotation, OR
a statement of work, herein referred to as the “proposal.”   All proposals must be approved by the
Client prior to starting work.

​Payment Terms
All projects and events are subject to the following payment terms:  
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Initial Minimum Deposit
The initial minimum deposit required to start a project is fifty percent (50%) of the current pricing
within the proposal provided to the client.  A deposit payment is required prior to starting work,
unless otherwise communicated by the Protostream Event Producer in writing.  

 

Special Deposit Requirements 

Some projects or events may require more than a 50% initial minimum deposit OR a milestone
payment schedule OR expedited payment.   Such special deposit requirements will be communicated
by the Protostream Event Producer prior to the approval of the estimate, quotation, or SOW. 
 

​Final Invoice
The final invoice will be the total remaining balance owed and will reflect any changes that were
made prior to or during the event.  All changes to the final estimate require a minimum Client email
approval. The final invoice will be Net 30 payment terms, meaning invoice payment is due on or
before 30 days from the invoice date.
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Payment Types
Protostream accepts credit card, wire transfers, and check payments.  Information on how to pay the
invoice will be stated on the invoice.  Please note that a 3.5% credit card processing fee may apply to
all credit card payments. 

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Cancellation Policy
If Client cancels the event or project more than 30 days prior to starting work, no cancellation
charges shall apply except for any expenses actually incurred by Protostream.

​If Client cancels the event or project less than 30 days prior to starting work, the Client shall pay a
cancellation charge equal to 50% of the charges reflected on the latest estimate, quotation, or SOW;
and any additional expenses incurred by Protostream.

​If Client cancels the event or project less than 14 days from the first day of the event or project start
date, the Client is subject to a cancellation charge equal to 100% of the total estimate of charges

described on the most recent version of the proposal.  All cancellations must be in writing to
Protostream.
​

Moving an event day less than 14 days from the first day of the event or project will be treated as a

cancellation unless another agreement has been made in writing.

 

Labor Rates
Protostream normal pricing structure is based on day rates for 10-hour days, plus time and a half
hourly rates for any overtime above 10-hours per day, double time after 14 hours, and double time
hourly rates for weekend and holiday labor. Notwithstanding the normal pricing structure, hourly
labor rates, minimum calls, overtime labor rates, daily labor rates and per diems apply and are based
upon prevailing rates and practices at the venue where the Event is being held and the business
division providing the equipment and services. Labor estimates were developed based on information
provided by the Client. All Labor calls are subject to a minimum charge period based on local venue
rules, servicing division policies, and or Union rules, as they may apply. In the event that the employee works more hours than estimated in the proposal, the Client will be billed the appropriate prevailing or premium rate for the additional hours worked.

​Original Content Ownership and Intellectual Property
At time of project completion, with no outstanding balances on that project; the delivered final
project and its components are owned by the Client, unless other special licensing requirements are
communicated.  The Client understands that Protostream will reserve the right to display final work
on our website or in promotional materials.  Should the Client like to limit the display of final work,
the Client must submit the terms of such limits in writing to Protostream at info@protostreamlive.com
 
Purchased Stock
Protostream does our best to create our own content and or use license free content, however if
Protostream does need to purchase stock imagery, videos, photos, illustrations, or other files to
complete your project, all stock license information will be forwarded to the Client at project
completion, at which time it becomes the Client’s responsibility to adhere to the stock license use
guidelines.
 
Videography and Photography
Protostream and its staff are fully trained and insured to conduct filming and photography services
in-person and are not liable for the safety and wellbeing of non- Protostream staff at such sessions
unless specified in another agreement and or hired by Protostream to be a part of the project.  All
persons to be filmed or photographed must sign an individual release form prior to starting the
project.
 
Confidentiality
Protostream and the Client hereby acknowledge that both parties may become involved in and or
become aware of sensitive and confidential information about each other’s company and agree to
protect and keep any information confidential.

 

Liability
Protostream is not liable for any loss or damages to the Client’s company in any way; and the Client
understands that all final projects are approved by the Client; and therefore, final approval by the
Client releases Protostream from any claims brought against the Client in association with the
project.
 
Equipment Handling
All equipment must be handled by Protostream personnel only. Equipment may not be moved,
stored, or serviced by Client or any other party. Client may not operate the equipment unless
authorized by Protostream. Client will incur additional charges if equipment is moved or relocated by
Client or any other party. Client agrees that Protostream shall be permitted free access to the
equipment at any time before, during and/or after the Event for purposes of set/strike, maintenance,
and routine checks. Protostream retains all title and rights in and to the equipment and all related
accessories.
 

​Damage & Security
Client shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse,
accident, or neglect), unless caused by Protostream’s negligence. In addition to amounts due to
Protostream in connection with this proposal, Client agrees to pay Protostream upon demand for all
amounts incurred by Protostream on account of lost, damaged, and stolen equipment, based upon
repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. In
addition, Client shall be responsible for rental fees while equipment is being repaired and/or
replaced, as the case may be. If security is required by Client or deemed necessary by Protostream to
protect the equipment during the Event, Client shall be responsible for all costs in connection with
the provision of security.

​Equipment Failure
Protostream maintains and services its equipment in accordance with the manufacturer’s
specifications and Industry practice. T Protostream does not, however, warrant or guarantee that the
equipment or services being provided will be free of defect, malfunction, or operator error. If the
equipment malfunctions and does not operate properly during the Event for any reason whatsoever,
Client agrees to immediately notify a Protostream representative. Protostream will attempt to remedy
the problem as soon as possible so that the Event is not interrupted. Client agrees and acknowledges
that Protostream assumes no responsibility or liability for any loss, cost, damage or injury to persons
or property in connection with the Event as a result of inoperable equipment or otherwise.

 

Indemnification
Client and Protostream each hereby forever agree to indemnify, defend, and hold harmless the other
for any and all claims, losses, costs (including reasonable attorney fees and costs), damages and/or
injury to property and persons (including death) as a result of the negligent acts, errors or omissions
of each party and their respective employees, agents, representatives and contractors. Client also
agrees to indemnify, defend and hold harmless Protostream against all claims for copyright, patent or
other intellectual property infringement including claims for licenses and royalties, as a result of
Protostream’s use of any and all, without limitation, Client provided materials, recordings,
transmissions, videos, software, hardware etc., in connection with the Event or Project
 
Limitation Of Liability
Under no circumstances will Protostream be responsible for any indirect, special or consequential

damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in
contract, tort or otherwise in connection with the Event.
 
Force Majeure
Performance under this Agreement may be delayed due to unforeseeable and unavoidable delays
caused by federal, state or municipal actions, statutes, ordinances or regulations; acts of god,
hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor
disputes; or other unforeseeable incidents outside of any responsible party's control which shall make
such performance impossible and/or impractical. The party whose performance is so delayed shall
give notice of the delay and its cause to the other party to whom performance is owed within five (5)
days of the commencement of such delay.  Cancellations related to COVID-19 do not apply to the
force majeure clause unless previously agreed upon in writing, otherwise all cancellations related to
COVID-19 will be governed by the cancellation policy within.
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Miscellaneous
This proposal shall be governed and interpreted in accordance with the laws of the state of Georgia
(without regard to conflicts of law rules). Any litigation relating to this agreement shall be brought in
the courts of Fulton County, GA, with all parties waiving any right to challenge such forum selection
on the basis of personal jurisdiction. The provisions of this proposal may only be modified by written
agreement signed between the parties.
 
Additional Terms & Conditions
From time to time, additional Event-specific terms may also be included throughout the proposal.
Any such additional terms shall be in writing and may be added by addendum signed by both parties
to this agreement (including by email authorized by each party). Client understands and agrees to any
additional provisions contained within the Event Proposal.
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Entire Agreement
This Agreement will constitute the entire agreement between the Parties. Any prior understanding or
representation of any kind preceding the date of this Agreement will not be binding on either Party
except to the extent incorporated in this Agreement.
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Master Agreements
In the event Protostream and the Client decide to enter into a different master agreement, such
agreement shall super cede the terms and conditions stated within unless otherwise noted.