1. Acceptance of Terms

These Terms & Conditions ("Agreement") govern all quotations, reservations, rentals, production services, event services, equipment rentals, invoices, and transactions provided by Birchman Productions ("Birchman Productions," "we," "our," or "Company").

By approving a quote, paying an invoice, submitting a reservation, accepting delivery of equipment, or utilizing any services provided by Birchman Productions, the Client agrees to these Terms & Conditions.

2. Estimates, Quotes & Pricing

All quotes and estimates are provided based upon the information available at the time of preparation.

Unless otherwise stated:

• Quotes are valid for 30 calendar days.

• Pricing is subject to equipment and crew availability.

• Prices do not guarantee reservation of equipment, personnel, or production dates.

• Additional labor, equipment, travel, permits, parking, shipping, overtime, expendables, taxes, or client-requested changes may result in additional charges.

Birchman Productions reserves the right to revise quotations if project scope changes before or during production.

3. Reservations

Project dates and rental equipment are not reserved until Birchman Productions confirms the reservation.

Depending on the project, Birchman Productions may require:

• a signed agreement;

• a deposit;

• proof of insurance;

• or full payment before confirming a reservation.

Reservations are accepted on a first-confirmed basis.

4. Deposits

Birchman Productions may require a deposit before reserving equipment, crew, production dates, or event services.

Deposits are non-transferable unless otherwise approved in writing.

Deposit amounts may vary depending on the size, complexity, and value of the reservation.

5. Payments

Unless otherwise stated on the invoice:

• Payment terms are Net 30.

• Payments must be received on or before the due date shown on the invoice.

• Birchman Productions does not send payment reminders. Clients are solely responsible for paying invoices by the stated due date.

Failure to receive a reminder does not waive late fees or extend payment deadlines.

6. Late Payments

Invoices not paid by the due date may incur:

• Late payment fees;

• Interest on overdue balances where permitted by law;

• Collection costs;

• Attorney fees and court costs if collection becomes necessary.

Birchman Productions reserves the right to suspend future services, reservations, rentals, deliveries, or production work until outstanding balances have been paid in full.

7. Equipment Rental Rates

Unless otherwise stated:

• Rental rates are daily.

• Weekend rentals (Saturday and Sunday) are billed as one rental day.

• Weekly and long-term discounts may be offered at Birchman Productions' discretion.

Rental periods begin at the scheduled pickup or delivery time and conclude at the agreed return time.

8. Equipment Returns

Equipment must be returned on the agreed date and time.

Late returns may incur additional rental charges and late fees.

If equipment is not returned as scheduled, Birchman Productions reserves the right to continue billing daily rental charges until all equipment has been returned.

9. Cancellations

Unless otherwise specified in writing:

Equipment Rentals

• Cancellation more than 48 hours before pickup: Full refund of payments made.

• Cancellation within 48 hours: Client forfeits 50% of the reservation value.

Production Services

Once crew, equipment, locations, vendors, or production dates have been reserved, cancellation fees may apply based on expenses already incurred and commitments made on behalf of the Client.

10. Changes to Scope

Client-requested changes after approval of a quote may affect pricing, scheduling, crew size, equipment needs, editing time, delivery dates, and project timelines.

Additional work requested beyond the approved scope will be billed at Birchman Productions' current rates.

11. Client Delays

Birchman Productions is not responsible for additional costs resulting from client delays, schedule changes, late approvals, inaccessible locations, weather delays, talent delays, venue restrictions, or circumstances beyond our control.

Additional labor or overtime caused by client delays will be billed accordingly.

12. Equipment Condition

Clients acknowledge that equipment has been inspected before release and is provided in good working condition unless otherwise documented.

Equipment is rented "as-is."

Clients must inspect equipment upon receipt and notify Birchman Productions immediately of any concerns.

13. Loss or Damage

The Client assumes full responsibility for all equipment from the time it is received until it is returned and accepted by Birchman Productions.

The Client is responsible for loss, theft, disappearance, misuse, accidental damage, water damage, fire damage, negligence, or destruction occurring while equipment is in the Client's care, custody, or control.

Repair or replacement costs will be based upon current market replacement value, including applicable taxes, freight, repair costs, and associated labor.

14. Security Deposits

Birchman Productions may require a refundable security deposit for certain rentals.

Security deposits may be withheld partially or entirely to cover:

• damaged equipment;

• missing equipment;

• cleaning beyond normal wear;

• unpaid balances;

• late return charges.

15. Insurance

Proof of General Liability Insurance naming Birchman Productions as an Additional Insured may be required for:

• camera equipment;

• rentals exceeding $200;

• large production packages;

• or any reservation deemed necessary by Birchman Productions.

Failure to provide required insurance may result in cancellation of the reservation.

16. Replacement Equipment

While Birchman Productions makes every reasonable effort to provide functioning equipment, replacement equipment cannot be guaranteed in the event of mechanical failure, accidental damage, theft, manufacturer defects, transportation delays, weather, or circumstances beyond our control.

17. Production Deliverables

Estimated delivery dates for edited media, photographs, videos, graphics, or other deliverables are estimates only.

Delivery timelines may change due to revisions, client responsiveness, project complexity, or unforeseen production circumstances.

18. Intellectual Property

Unless otherwise agreed in writing, Birchman Productions retains ownership of all original project files, production assets, templates, behind-the-scenes materials, and working documents.

Final deliverables are licensed to the Client for the agreed intended use upon full payment.

19. Marketing Rights

Unless prohibited by written agreement, Birchman Productions reserves the right to photograph, record, display, or reference completed projects for portfolio, website, marketing, social media, award submissions, educational purposes, and promotional materials.

20. Limitation of Liability

Birchman Productions shall not be liable for indirect, incidental, consequential, punitive, special, or lost-profit damages arising from equipment rental or production services.

In all circumstances, Birchman Productions' total liability shall not exceed the amount paid by the Client for the specific services or rental giving rise to the claim.

21. Force Majeure

Birchman Productions shall not be liable for delays or failure to perform resulting from circumstances beyond reasonable control, including but not limited to severe weather, natural disasters, government actions, labor disputes, pandemics, transportation interruptions, venue closures, equipment manufacturer delays, utility outages, or acts of God.

22. Age Requirement

Clients renting equipment must be at least eighteen (18) years of age.

23. Entire Agreement

These Terms & Conditions constitute the complete agreement between Birchman Productions and the Client regarding rentals and services and supersede prior oral or written communications.

24. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

25. Amendments

Birchman Productions reserves the right to update these Terms & Conditions at any time. Updated Terms become effective upon publication and apply to future transactions.

26. Governing Law

This Agreement shall be governed by the laws of the State of Illinois. Any legal action arising from these Terms shall be brought in a court of competent jurisdiction located within the State of Illinois.