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EVENT TECHNOLOGY SOLUTIONIST

Employer Terms & Conditions

DEFINITIONS

  • CRUZ: Refers to Brandon Cruz, acting as an independent contractor, including any partners, employees, agents, and subcontractors affiliated with him.

  • EMPLOYER: The party directly managing a part or the entirety of the JOB, responsible for overseeing CRUZ and directly accountable for the payment of labor costs and related expenses.

  • JOB: Any event, show, party, exhibit, activation, concert, presentation, meeting, or related activity for which the EMPLOYER has engaged services.

  • CREW: Two or more CREW MEMBERS acting collectively as a group.

  • END-CLIENT: The corporation, organization, or individual, including any associated partners, brands, franchises, and affiliates, for whom the JOB is produced.

  • SCOPE OF WORK: The agreed-upon objectives and tasks to be completed for a specific JOB.

  • SHOW DOCS: Production documents, diagrams, schematics, blueprints, worksheets, checklists, and illustrations prepared by or on behalf of the EMPLOYER, detailing the directions, descriptions, objectives, and instructions required to complete the SCOPE OF WORK.

APPLICABILITY

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These Terms and Conditions govern all transactions between CRUZ and the EMPLOYER related to:

  • Technical Recruiting & Permanent Placement

  • Specialized Professional Services Providers

  • Contingent Workforce Management Solutions

  • Employer of Record Payroll & Benefits Administration Services

EXPECTATIONS & LIMITATIONS

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CRUZ agrees to provide contingent workforce solutions, including event staffing, production crewing, technical recruiting, and workforce management, under the following terms:

  • The quality of service is contingent upon the training, experience, abilities, and availability of individual CREW MEMBERS.

  • EMPLOYER acknowledges that the quality and availability of the CREW ROSTER improve with more advance notice.

SCOPE OF WORK

  • The EMPLOYER is solely responsible for communicating all directions and operations of the event and its production to CRUZ. The CREW’s preparedness depends on receiving accurate and detailed SHOW DOCS and advance communication from the EMPLOYER.

WHITE LABEL SERVICE PROVIDER

  • CRUZ will perform duties in a manner consistent with the EMPLOYER’s culture and will act as a professional representative of the EMPLOYER, avoiding unnecessary interaction with the END-CLIENT unless directed by the EMPLOYER.

LABOR ESTIMATES

  • The EMPLOYER may request a comprehensive Labor Estimate or Proposal, which must include all JOB instructions, CREW ROSTER details, and estimated reimbursable expenses.

  • Acceptance of estimates must be confirmed in writing. The EMPLOYER is responsible for verifying receipt of any such communications.

CHANGE ORDERS / APPROVED EXPENSES

  • Any changes to the SCOPE OF WORK or approved expenses incurred by CRUZ or CREW MEMBERS will be billed with an additional handling fee. Written approval from the EMPLOYER is required for these changes.

RATE CONSIDERATIONS BY CLASSIFICATION

  • Standard workdays vary by position: 8 hours for general labor and utility roles; 10 hours for specialized roles like operators, engineers, or production managers.

WORK WEEK, MINIMUMS, OVERTIME

  • Work week starts on the first day a CREW MEMBER begins work.

  • Minimum hours and overtime rates are detailed, with specialized positions requiring a minimum of 10 hours per day and overtime paid at increasing rates after 8 and 12 hours.

SIXTH & SEVENTH DAYS

  • Work performed on the sixth and seventh consecutive days in a workweek will be billed at higher overtime rates.

SHORT TURN AROUND / FORCED CALL

  • CRUZ requires at least 8 hours of rest between shifts; failure to provide this results in double-time pay for the subsequent shift.

HOLIDAY PAY

  • Work on specified holidays is billed at 1.5 times the base rate.

GRAVEYARD PAY

  • Work between midnight and 6 AM is charged at the next higher overtime rate.

VACATION PAY

  • W2 classified CREW MEMBERS are entitled to vacation pay, calculated as a percentage of gross wages, as required by law.

SPLIT SHIFTS

  • Less than a 4-hour break between shifts will be billed, with break hours not counting toward overtime calculations.

PREVAILING WAGE

  • For jobs requiring prevailing wage, labor costs will be calculated accordingly, and the EMPLOYER is responsible for any rate changes mandated by law.

LAST MINUTE / AFTER-HOURS LABOR CALLS

  • A 5% service charge applies for labor requests made less than 48 hours before the call time.

BILL RATES INCLUSIVITY

  • EMPLOYER billing costs include all associated wages, benefits, insurance, taxes, and service fees. These rates are subject to change based on various factors including market conditions.

EMPLOYER LIABILITIES & OBLIGATIONS

  • The EMPLOYER is responsible for all additional employer-related expenses not covered by CRUZ’s pay rate, including taxes, insurance premiums, and any required processing fees.

EXPENSE REIMBURSEMENTS

  • The EMPLOYER may request CRUZ or CREW MEMBERS to incur additional expenses, which are reimbursable as outlined in this agreement.

TRAVEL EXPENSES

  • The EMPLOYER is required to cover all travel expenses when CREW MEMBERS are required to work outside their home area, including accommodation and per diem allowances.

TRAVEL DAY RATES

  • Travel time will be compensated as half-day or full-day rates, depending on the duration of travel.

PAYMENT TERMS

  • PROJECT AGREEMENT TERMS: All invoices are prepaid and due immediately upon receipt.

  • MASTER SERVICE AGREEMENT TERMS: Invoices under a Master Service Agreement (MSA) follow the terms of that agreement.

  • PAYROLL DEPOSITS: A 100% deposit of the estimated JOB cost is required before the start of the JOB, with further payments due prior to commencement.

LATE FEES & COLLECTIONS

  • Late payments will incur a 5% monthly fee, and the EMPLOYER is liable for all collection costs.

LIABILITY FOR FAILURE TO PAY WAGES

  • The EMPLOYER is legally responsible for the timely payment of wages, and failure to comply may result in legal action and punitive damages.

JURISDICTION

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under this agreement shall be resolved in the courts of California.

INDEMNITY

  • The EMPLOYER agrees to indemnify and hold CRUZ harmless from any claims, damages, or liabilities arising out of the performance of the JOB, except where such claims result from CRUZ's gross negligence or willful misconduct.

CONFIDENTIALITY

  • All information exchanged between CRUZ and the EMPLOYER during the course of this agreement shall be kept confidential and shall not be disclosed to any third party without prior written consent.

ENTIRE AGREEMENT

  • This document constitutes the entire agreement between CRUZ and the EMPLOYER. Any amendments must be made in writing and signed by both parties.

ACCEPTANCE

  • Acceptance of these terms is confirmed upon the EMPLOYER’s written acknowledgment of a Labor Estimate, Proposal, or upon commencement of services by CRUZ.

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