Employer (Client) Terms & Conditions

DEFINITIONS

This sections contains definitions and descriptions of industry standard terminology, as it relates to the terms and conditions herein.

CLIENT: The party directly managing some part of, or the entire show, to which COMPANY and its affiliates report directly to and that is directly responsible for payment of the labor costs, but also includes its CLIENTs, end-CLIENTs, affiliated companies, partners, employees, contractors, vendors and suppliers;

COMPANY: The executive team, owners and managing partners, including strategic partners, its affiliated companies, external stakeholders, employees, contractors, vendors and suppliers; DEPARTMENT(s): event production categories defining the roles and responsibilities contained within the stagecraft disciplines. Most common departments include, but not limited to:

  • Audio: Engineers, technicians, assists, mic wranglers;

  • Video: Engineers, technicians, operators, switchers, shader;

  • Lights: Technicians, assists, masters, spot ops, board ops;

  • Scenic: Carpenters, carp assists, master carps, designers;

  • Rigging: High riggers, basket riggers, downriggers;

  • LED Wall: Technicians, engineers, programmers, supervisors;

  • IT/Networking: Computer techs, assists, webcast ops;

  • Projection: Head Projectionists, projectionists, assists;

  • Camera: Camera ops, handhelds, jibs, directors, pages;

END-CLIENTs: Any COMPANY, organization or individual, including their partners, brands and specified affiliates, for which the show is produced.

EMPLOYER: The COMPANY, organization or association contracting the labor and/or staff. - See “CLIENT”

SHOW/JOB: Any event, exhibit, activation, concert, presentation, meeting or event-related activity for which CLIENT has engaged COMPANY’s services

SCOPE OF WORK: The agreed upon list of goals and tasks to he completed within a specified job, which should include gear pull lists, floor plans, detail drawings, a list of special skills or training required to complete the job satisfactorily and production schedules.

SHOW DOCS: Documents prepared for production and show crew containing detailed directions, schedule and execution instruction of a specific show, including: Production Schedule, Signal Flow, Preset List, Input List, Patch List, Comm List, Sign-In Sheet, Crew Roster, Security Procedure, Disaster Recovery Plan, Parking Instructions, Detail Drawings and Floorplans, etc.

STAGECRAFT: The broad nomenclature encapsulating all specialized tradecrafts involved in the installation, production, operation,

execution or dismantle of a show related to the Event Services

industry.

LABOR CLASSIFICATIONS

GENERAL LABOR

Any newly trained, yet currently inexperienced full-time/part- time/temporary employee, trainee or intern engaged as a technical assist, or any position that does not require specialized training, including general labor or utility positions.

  • General Labor and Trainee positions are typically categorized by

positions within Pay-Grade 0-2

  • Stagehand (general term): Persons or crewmembers involved in the physical installation, maintenance, operation or dismantle of a show or event.

  • Stagehand Trainee: Any crewman qualified and booked as a department trainee (level 2). It’s the first classification that indicates department training track.

STAGECRAFT SPECIALISTS

Any freelance independent contractor, full-time/part-time/temporary employee engaged as a technician, operator, engineer or manager in a position for which he is reasonably trained and experienced:

  • Capable of fulfilling the roles and responsibilities his/her

position with little to no supervision;

  • Invested into and comes prepared with the portable tools of his/her trade or craft or discipline;

  • Invested into and has received/actively receiving training in his/her tradecraft or discipline;

STAGECRAFT EXPERTS/CONSULTANTS

Any freelance independent contractor or full-time/part- time/temporary employee engaged as a designer, director, producer or expert specialist in a position for which he has received advanced training, earned degrees or certifications, and demonstrated above average expertise in his/her trade or craft or discipline;

  • Capable of leading or managing his department and training subordinates in proper process and procedure to fulfill the roles and responsibilities, his/her position with no supervision;

  • Has the advanced knowledge and comes prepared with the tools or has the resources to diagnose, troubleshoot, repair, mend or devise potential solutions within his/her trade or craft or discipline;

  • Recognized as a leader in their field and has the ability to train of manage peers and subordinates;

EXPECTATIONS & RESPONSIBILITIES

The Terms & Conditions set forth herein define our expectations and assertions regarding our professional agreement and the terms binding, as well as describes our standards for personal conduct, good business ethics and professional courtesy. It’s understood this is only a basic guideline that sets the tone and demonstrates the spirit of the understanding between our companies and our combined community.

CREW CLASSIFICATIONS & DESIGNATIONS

GENERAL LABOR / UTILITY

  • Roles that do not require specialized training related to the industry and may include those crew members that demonstrate an ambition to train in a specialized position or department:

    • Level 1, General Labor

    • Level 2, Technician-in-Training

  • Classified as Seasonal, Temporary or Part-Time W2 employee;

  • May be unskilled, receive instruction and accept training;

  • May use employer’s tools and gear;

RATE CONSIDERATIONS

  • Standard day is 8 hours by law, and minimum crew call is four

(4) hours guaranteed

  • Load-out minimum crew call is five (5) hours guaranteed

  • Overtime (1.5X) is charged after eight (8) hours; double-time (2X) is charged after twelve (12) hours, or as applicable by law.

SPECIALIZED TECHNICIANS

Roles that receive specialized training and experience, and only filled by crew members demonstrating such proficiency, and had their qualifications independently verified or certified.

  • Level 3 - Technical Assists

  • Level 4 - Technicians

  • Level 5 - Master (Technicians) and (Show) Operators

  • Classified as Freelance Independent Contractor

  • Reserves the right to cancel or reassign projects (in accordance

with freelance agreement)

  • Required to provide all necessary tools and testing equipment to carry out normal department functions.

RATE CONSIDERATIONS

  • Standard day is 10 hours, and minimum crew call is five (5) hours guaranteed

  • Half Days convert to Day Rate at 5 hours and 1 minute, including all provisions required of full days

  • Load-out minimum crew call is five (5) hours guaranteed

  • Overtime (1.5X) is charged after eight (8) hours; double-time (2X) is charged after twelve (12) hours

ENGINEERS & DIRECTORS

  • Roles that require advanced training and experience, and only filled by crew members demonstrating such proficiency, and had their qualifications independently verified or certified.

    • Level 6 - Engineers / Programmers or Dept. Leads

    • Level 7 – Directors / Heads

    • Classified as Freelance Independent Contractor or Consultants

  • Classified as Freelance Contractor or Independent Consultant;

  • Reserves the right to cancel or reassign projects (in accordance with freelance agreement);

  • Required to provide all necessary tools and testing equipment to carry out normal department functions.

RATE CONSIDERATIONS

  • Standard day is 10 hours, and minimum crew call is ten (10) hours guaranteed

  • Load-out minimum crew call is ten (10) hours guaranteed

  • Overtime (1.5X) is charged after eight (8) hours; double-time (2X) is charged after twelve (12) hours

LABOR ESTIMATES

CLIENT reserves the right to request a comprehensive Labor Estimates or Proposal for any labor request. The Labor Estimate shall include:

  • Job details defined as instructions or Scope of Work

  • Crew roster details including department, role and rate

  • Approved reimbursable expenses and travel expenses

  • Any costs for expendables or consumables purchases, production costs, design costs or dry-hire sub-rentals Estimates shall not be considered “accepted” without a written

acknowledgement, which may be a copy of the Labor Estimate, signed and dated; or written acceptance submitted and verified- receipt by email or other means

CLIENT is responsible for time lost resulting from a failure to verify COMPANY’s receipt of an unannounced labor request, or any such request when submitted electronically without receipt.

any provision herein that is not functional shall not sever the authority or enforceability of these terms in whole.

IMPORTANT: FAILURE TO COMPLY NOTICE

  • Deposit must be received and posted prior to load-in;

  • Crews and Gear may not be reserved or held without a deposit;

  • CLIENT affirms and recognizes that freelancer contractors have similar rights and protections as employees in some states and territories and may have the right to remedy late payments by legal action that would result in punitive damages;

  • CLIENT agrees to accept liability and shall be wholly liable for damages and expenses awarded, and shall indemnify and hold harmless COMPANY and its affiliates.

  • Failure to receive deposit may result in the non-refundable cancellation of your labor.

  • All Post Production Invoices are billed and NET 30

  • Balance of invoice is due Net 10.

CLIENTs with a history of late payments will be required to pay 100% of the estimate in advance. A 5% late fee will be charged on overdue Invoices each month past net 30. CLIENTS shall be liable for all collection costs associated with recovering past due invoices. Other terms may be arranged in advance, as required.

CANCELLATION

General Labor and Assist-level classes are not recognized as skilled and professional crew.

Any cancellations made less than 24 hours before call time will result in a minimum 5-hour charge per crew member cancelled.

Technical or Specialized Labor cancelled with less than 48 hours before call time will result in a full 10-hour Day Rate per technician. Any crew member arriving and reporting on-site without incident or cause for punitive action, shall be payed a minimum of 4 hours.      

NON-CIRCUMVENT AGREEMENT

COMPANY encourages CLIENT’s direct, unsupervised and unrestricted contact with Crewmembers for the purpose of communicating the job’s scope of work and specific details, as well as CLIENT’s expectations. COMPANY provides unrestricted access to its crew roster, with confidence and trust in the working relationship between CLIENT and COMPANY.

CLIENT therefore recognizes and acknowledges that:

  • COMPANY’s operational purpose is crewing events and providing workforce resources to its CLIENTs; and

  • COMPANY’s employees and independent contractors are its primary service offering and primary revenue source.

  • COMPANY has invested considerable, although, non-exclusive

COMPENSATION RATES & PROVISIONS

COMPANY agrees to provide general labor, specialists and experts and consultants consistent with the skills and training required of their position and the experience required to perform and/or manage tasks and goals typically required of their role, and as expressed by CLIENTs, and in accordance with the accurate detailing of Scope of Work.

STANDARD CLIENT BILLING RATES

  • Level 0, Intern: call for details

  • Level 1, General Labor: $28 - $32

  • Level 2, Stagehand Trainee: $33 - $37

  • Level 3, Technician Assist: $38 - $42

  • Level 4, Technician: $43 - $47

  • Level 5, Master/ Operator $48 - $52

  • Level 6, Engineer / Head  $53 - $67

SHORT TURNS

Crew members require a minimum (8) hours off the clock between calls. If this cannot be met, the time clock will continue from the previous day, and will be billed as a “Short Turn-Around.”

resources into the search, recruitment, marketability and reputation of its employees and contractors.

  • CLIENT acknowledges that initiating direct contact with COMPANY’s employees and contractors with the intention of hiring them directly would injure COMPANY.

CLIENT agrees to avoid and/or resist the intentional recruitment of COMPANY’s employees or contractors for at least one year from the date of the last hire of said employee by CLIENT.

In consideration of our commitment to the quality of life of our crew people, COMPANY agrees to withdraw its objection of CLIENT’s recruitment of said employee if CLIENT demonstrates

an offer of full-time employment to said employee; and its offer exceeds that of COMPANY’s offering.

REPLACEMENT OR REASSIGNMENT

If the CLIENT deems it necessary to replace any individual, the CLIENT agrees to contact COMPANY as soon as possible.

CLIENT and COMPANY agree to renegotiate, in good faith, the rate of any COMPANY laborer found to be inadequate.

HOLIDAYS

If the needs of the event require that an individual be placed in

  • Work performed on the following holidays will be billed at time- and-a-half overtime (OT)

  • Holidays include: Christmas, New Year’s Day & New Year’s Eve (after 6pm), Easter, Memorial Day, Labor Day, Veteran’s Day, Fourth of July, Thanksgiving.

MIDNIGHT TO 6:00 AM SHIFTS

  • Hours worked between midnight and 6am shall be charged at next higher overtime rate, not to exceed two-times the rate.

  • If crew is already in overtime at 12:01, rates shall be charged at double overtime at two-times rates.

SPLIT SHIFTS

Less than four (4) hour break between call times is invoiced:

  • Between shifts, break will be billed at regular hourly rates, less one hour for a meal break.

  • Break hours paid at regular hourly rates will not be counted towards any hours worked when calculating overtime for the workday.

LABOR COST LIABILITIES

CLIENT Billing Costs are inclusive of normal labor costs and fees including, but not limited to:

  • State & Federal payroll Taxes, social security taxes, unemployment benefits, levies and other governing fees

  • Fees and premiums associated with insurance coverages, as required by law.

  • Processing fees, service charges, logistic and operational expenses, Merchant processing, AFT, EFT and related fees

  • Expenses, per diems, parking and tolls, and related fees not charged back to CLIENT.

  • Recruitment, Onboarding, Training and related fees

  • Commissions, bonuses, spiffs and any other monetary compensation due.

STANDARD CREW RATE-SCALE

  • Level 0, Intern: $14 - $16

  • Level 1, General Labor: $17 - $21

  • Level 2, Technician-in-Training: $22 - $26

  • Level 3, Technician Assist: $27 - $31

  • Level 4, Technician: $32 - $36

  • Level 5, Master / Operator $37 - $41

  • Level 6, Engineer / Head  $42 - $46

PAYMENT TERMS

All production and freelance crewing jobs require an initial deposit up to 50% of the Production Budget. Deposits music be received prior to confirmation or reservation of gear or crew, except as listed and described below:

  • Union Payroll and General Labor Payroll terms are 100% prepaid prior to load-in.

    • Union advances must be remit to union escrow account prior to submitting work order.

    • Any deposit received after 12 noon PST shall be credited to

another position, the CLIENT agrees to contact COMPANY to obtain approval prior to assigning that crewperson. This is to ensure that the individual is placed only in positions that they are qualified to fulfill, as well as eliminate any safety or quality issues.

An agreement must also be made between CLIENT and COMPANY on the rate change, if any.

LAST MINUTE / AFTER-HOURS LABOR CALLS

A 5% service charge will be added to all rates when a request for labor is made less than 48 hours of call-time.

We are not liable for damages arising for crewperson’s failure to report or reporting late when crew call is made less than 24 hours

  from crew call.

EXPENSE REIMBURSEMENTS

Approved parking fees or tolls are billed to CLIENT on final invoice, unless other arrangements are agreed to in advance;

Change orders and approved on-site expenses paid for by COMPANY and/or crewpersons shall be billed on final invoice, per terms agreed to on-site and subject to a 10% special handling fee for dry-hire or equipment rentals required for such service.

Examples of such expenses may include, but not limited to:

  • Purchase of expendables and/or consumables

  • Purchases or sub-rental of gear, equipment or hardware

TRAVEL EXPENSES

Project requiring specific crew member to travel to another geographic area, outside of their home area, shall require adequate travel accommodations and a daily perdiem as calculated by GSA. Travel time shall be charged to CLIENT as a ‘Travel Day.”

  • Half Day Rate for travel time equal to, or less than six hours;

  • Full Day Rate for travel time more than six hours

International travel is compensated a full day-rate for time, in part or up to, every ten (10) hours of travel, including ground transfer.

If traveling, then working, on the same day, the labor clock begins at originating airport until the end of the scheduled work period.

If working then traveling, on the same day, the labor clock begins at the start of the work period, and ends at the destination airport arrival time. Travel time does not count against overtime.

CLIENT is required to provide a separate hotel room for each crew member working two or more days on a program; and only same gender crewpersons may share a room otherwise;

Perdiem is recognized as reimbursement for food and sundries paid for each night spent away from home, including travel days.

Ground transportation, parking, tolls, permits, licenses, visas or other job-related expenses or miscellaneous expenses are reimbursable expenses and shall be billed at the end of the program.

When a specific crew member is requested; and required to travel outside of their normal working area (50 miles from their home), mileage reimbursement is billed at the end of the event.

BREAK TIMES & MEALS

the following business day.

  • CLIENT-approved on-site program expenses, project change- orders, including reimbursements and credits or monies exceeding face-value of the current labor order, shall be invoiced

Breaks of 15 minutes should be taken every two and one-half (2.5) hours, and a one-hour unpaid meal break every five (5) hours.

If no unpaid meal break is given, a half-hour paid meal break is sufficient if a meal is provided.

with all other final productions and labor costs.

  • Unless otherwise stipulated to in writing, and supported by law by law, this agreement shall be binding and enforceable, and

Water and/or other beverages should be provided for technicians, operators and engineers on show calls.

If not allowed to leave the show site for a one-hour for an unpaid meal break, then a must be provided

Meal penalties will be billed as a one-hour flat penalty at regular time rates. A meal penalty will be charged if working more than 6 hours without a break. If work continues with no break, COMPANY will charge an additional ½ hour (30 minutes) for every hour beyond the 7th hour worked (starting at the beginning of the 7th hour). Again, we understand that flexibility is “key” in our industry, and we’d like to be proactive in working with our CLIENTs on their overtime needs.

SAFETY, HEALTH & WELFARE

CLIENTs will supervise the packing of any truck. COMPANY requires that the CLIENT “call” and supervise such work directly.

General Labor crew, or a technician that has identified himself as not having the training or experience required of the task, shall not be asked or expected to carry out any high-risk tasks or duties requiring specialized and/or certified technical or advanced training. Common examples of these duties include, but not limited to:

  • arena rigging, high rigging or basket rigging;

  • installing or operating pyrotechnic instruments or incendiary devices;

  • connecting high voltage electrical feeders to main power or towable generators;

  • operating heavy machinery such as reach forks, articulating boom lifts, earth movers, etc.;

  • installing any electronic devices or cabling that are not UL Listed;

any other high-risk or increased-risk jobs requiring specific training and experience, or which the crew member has expressed a reasonable uncertainty for their safety or security;

If such a service or role is required, CLIENT shall request an appropriately trained or certified technician, operator or engineer of the appropriate department classification.

For the safety and welfare of everyone involved on the event, as well as the safety and security of all equipment and property, this provision is faithfully enforced.

Compliance and enforcement is the role and responsibility of the CLIENT. Failure to observe or comply with this provision does not constitute the acceptance of responsibility or liability by the crew member or COMPANY; nor shall crew member or COMPANY share responsibility or liability for any near-miss, mishap, accident or catastrophic event that should result;

In such an event as described, COMPANY shall be held harmless by CLIENT and CLIENT agrees to release COMPANY from any liability, and will assume any and all liability for damage or injury that may result.

WORKING ATTIRE & PROTECTIVE GEAR

COMPANY requires industry standard setup blacks and show blacks.

SETUP BLACKS

  • Clean and black polo shirts or t-shirts without logos or insignias

  • Clean, black denim or other durable material pants

SHOW BLACKS

  • Black collared shirts and black slacks or trousers;

  • Clean and pressed black pants, black shoes, black belt and socks;

PERSONAL PROTECTIVE EQUIPMENT

  • Crews shall have minimum-required protective gloves;

  • Crews may provide Personal Protection Equipment, including steel-toe boots, high-visibility vest, safety harness, helmet, hard- hat and/or safety glasses according to role, or as requested;

  • OTHER CONSIDERATIONS

  • Upon reasonable request, Crews shall wear properly fitting and safe CLIENT-provided apparel or uniform.

  • Shorts, Dresses, Tank Tops, etc. are unsafe in the production environment and not acceptable, unless approved by both CLIENT and COMPANY

SECURITY & RELEASE OF LIABILITY

CLIENT agrees to provide a safe and secure work environment and ensure the safety and well-being of all persons.

In the event that personal or CLIENT property is stolen, damaged or lost, CLIENT acknowledges that COMPANY employees, freelancers and affiliates are trained to report such incidents, including accidents, accidental damage, near-miss situations, injuries, acts of vandalism, negligent behavior and/or any other potential danger immediately and without coercion, and in most situations, have been instructed to follow basic, mandatory safety and security protocols, possibly overriding CLIENT instructions or demands. CLIENT nor its affiliates, associates or END-CLIENT may inhibit or interfere with these protocols. COMPANY shall take any measure necessary to secure the safety and well-being of its crew and CLIENT acknowledges and agrees that COMPANY may not be held responsible for lost, stolen, damaged or destroyed equipment and is indemnified of liability in any action, complaint, cross-complaint or related conflicts or incidents which have not been caused by COMPANY negligence or willful malicious behavior. Therefore, CLIENT affirms and agrees to hold harmless CRU Solution, The Stagecraft Agency, its partners, stakeholders, management, employees, contractors, strategic partners, suppliers and vendors.

SCOPE OF WORK

CLIENT understands that the responsibility of communicating the direction and operation of the event, and its production, including the roles and duties to be performed by any of COMPANY’s crew, is the exclusive responsibility of the CLIENT.

Due to interdependencies between departments and the workflow dependencies contained within a production schedule, CLIENT understands and recognizes that a crew’s ability to prepare in advance for its roles and duties rely largely on an accurate and detailed understanding of the entire scope of work to be performed. For each job, CLIENT shall be asked to provide any show docs or advance communication to help crew prepare for the work to be performed. These details may include, but not limited to: Production Schedule, Floorplans, Detail drawings, Engineering Schematics, Input Lists, Patch Lists, Signal Flow Worksheet, Com List, Show Flow Questions regarding scope of work, or CLIENT’s expectations, user experience and/or overall direction, shall always be referred back to CLIENT for confirmation and direction.

Crews recognize the delicate relationship between CLIENT and its end-CLIENT and have been trained to avoid engaging end-CLIENT in any discussions, debates, opinions or direction - unless directly requested to speak from experience or expertise.

Generally expected to be a private label, or white label service

provider, Crews have been advised and trained to act in accordance with CLIENT’s COMPANY culture and represent themselves as extensions of your COMPANY.

ACCEPTANCE OF TERMS

g its deposit thereby

 

order, CLIENT agrees to all binding and irrevocable

terms and conditions contained herein.

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