Terms

Payments made through our payment pages and links are made to Project 38 LLC, a California limited liability company, at 500 S. Victory Blvd, Burbank, CA 91502. Reach us at team@project38x.com or (805) 328-8889.

Project 38 LLC is the party you are paying and the party responsible to you for the services on your invoice.

These terms govern payments you make to Project 38 LLC for production services invoiced by us: pre-production, design and specification, show and event production, crew and technical labor, programming and related work.

Equipment rentals are covered by Part 2 of this page, the Equipment Rental Payment Terms, and not by this Part.

Your invoice, including any scope and terms printed on it, is the agreement for the work. These terms govern how you pay and how refunds are handled. If your invoice states a different figure or term for any item below, the invoice applies.

By paying an invoice you accept the scope and terms stated on that invoice in full, and you confirm that you are the client named on the invoice or the client's authorized representative, and an authorized user of the payment method you use.

Card payments are processed by Stripe. We never see or store your full card number.

Where an invoice offers payment by card, the card processing amount is stated on the invoice or on the payment page and is added to the invoice total. The total shown on the payment page is the full amount charged to your card. No other fees apply.

Payment by Zelle or bank transfer carries no processing amount. Those details are on your invoice.

All amounts are in U.S. dollars.

Payment is due as stated on your invoice. Unless the invoice says otherwise it is due upon receipt. Project 38 may hold the start of work, or the release of deliverables, until payment is received.

Package pricing. Where an invoice prices services as a package at a fixed amount or maximum, that price reflects Project 38 reserving crew, time and resources for your engagement. It is earned as set out below, not by the hour.

Commitment portion. Half of the package price is earned when work begins. It covers the crew, calendar and research committed to your project and is not refundable after that point, except as stated under Events beyond our control and If Project 38 cannot perform.

If you cancel after work begins. We keep the commitment portion, the value of any work performed beyond it and any third party costs committed on your behalf, all itemized in writing, and refund the balance within 10 business days of your written notice. On request we hand over the work product completed to date, such as designs, specifications, plans and prototypes.

If you cancel before work begins. We refund the amount paid, less any card processing amount stated on the invoice.

Events beyond our control. If the event or the build is halted or cancelled by causes beyond both parties' reasonable control, including fire, flood, earthquake, severe weather, public health orders, government action, loss of the venue or denial of permits, we keep the value of work performed and third party costs committed, itemized in writing, and refund the rest of what you paid within 10 business days, except that the commitment portion becomes a credit toward Project 38 services for 12 months, usable for the rescheduled event or any other engagement.

If Project 38 cannot perform. If we cannot perform the services for reasons within our control, we refund the unperformed portion of what you paid, including any card processing amount on that portion. That is the sole remedy for non-performance.

Fully earned. Once standard production begins, or the package deliverables have been accepted, the package price is fully earned.

Maximums and adjustments. Where an invoice sets a maximum price for a described scope, you are never charged more than that maximum for that scope. Where an invoice offers an adjustment by work trade, credit or similar, it is made in the form the invoice describes and not as a cash refund. Completed work, delivered materials and third party costs incurred on your behalf are not refundable.

Refunds are issued to the card used for the original payment. Depending on your bank they typically appear within 5 to 10 business days of being issued.

If you believe a charge is wrong, contact us at team@project38x.com within 30 days of the charge. We review it against your invoice and respond in writing.

Please contact us before disputing a charge with your card issuer. We can almost always resolve it faster directly.

Unresolved disputes are handled by good faith negotiation, then mediation, then binding arbitration administered by the American Arbitration Association in Los Angeles County, California. These terms are governed by California law.

Stripe emails you a receipt and an invoice for every payment. We keep your invoice, the payment page as it was shown to you, and the record of your acceptance of these terms at checkout.

At checkout we collect your name, email and billing address, and Stripe collects your card details. We use this information to administer your project, send receipts and process the payment. We do not sell it. Stripe's processing of your card details is governed by Stripe's privacy policy.

Payments made through our payment links are made to Project 38 LLC, a California limited liability company, at 500 S. Victory Blvd, Burbank, CA 91502. Reach us at team@project38x.com or (805) 328-8889.

Project 38 LLC is the party you are paying and the party responsible to you under these terms and under your Equipment Rental Agreement.

These terms govern payments you make to Project 38 LLC for equipment rentals through our payment links, and the card you place on file when you pay.

They restate the payment provisions of your signed Equipment Rental Agreement, including its Exhibit A (equipment schedule) and, where it applies, Exhibit B (card on file authorization). Your signed Agreement is the contract. If your signed Agreement states a different figure for any item below, the figure in your signed Agreement applies to your rental.

A reservation deposit of 50% of Total Rental Charges is due at booking to reserve the equipment.

The balance of Total Rental Charges is due on or before pickup. Equipment is not released until it is paid.

Where the card on file option applies to your rental, the security deposit is due at or before pickup.

All amounts are in U.S. dollars and all payments are made to Project 38 LLC. You are responsible for applicable sales, use and rental taxes.

When you pay through our link, your card is saved to your customer record with Project 38 LLC. Card details are handled by our payment processor, Stripe. We never see or store your full card number.

By completing payment you authorize Project 38 LLC to charge that card, without further authorization, for: (a) the security deposit under your Agreement; (b) any unpaid rental charges; and (c) loss, theft, damage, late return, cleaning, missing accessory or other amounts that become due under your Agreement, up to the Total Replacement Value of the equipment plus accrued charges.

We send an itemized statement to the email on your customer record before or together with every charge. For any charge for damage, loss or late return we send that statement at least 3 business days before charging, so you can review the check-in documentation first and raise any question with us.

By paying you confirm that you are the Renter named in the Agreement or the Renter's authorized representative, and that you are an authorized user of the card.

The card remains on file until your Agreement is fully settled and any security deposit has been released. After that you may ask us to remove it and we will.

Unless your Exhibit A states otherwise, the security deposit is the greater of 25% of the Total Replacement Value of the equipment or $500. For high value or specialized equipment P38 may set it up to 100% of Total Replacement Value.

The deposit may be collected as a payment or placed as a hold on your card. For rentals longer than a few days, including tours, we collect it as a payment rather than a hold, because card holds expire before the rental ends.

Provided the equipment is returned on time, complete and in the condition recorded at check-out (ordinary wear excepted), we refund the deposit within 10 business days after the check-in inspection, which we complete within 2 business days of physical return.

We may deduct from the deposit any amount owed under your Agreement (repair cost, replacement value, late charges, cleaning, missing accessories, unpaid rental charges) and will give you an itemized statement of every deduction. If amounts owed exceed the deposit, the difference is due within 10 days of our invoice and may be charged to the card on file.

The security deposit is not a cap on, or an estimate of, your liability under the Agreement.

Cancel 7 or more days before pickup: the reservation deposit is refunded less a 10% administrative fee.

Cancel 2 to 6 days before pickup: the reservation deposit is forfeited, or 50% of Total Rental Charges if that is greater.

Cancel less than 48 hours before pickup, or fail to pick up without written cancellation: 100% of Total Rental Charges is due.

No refund or credit is given for equipment returned before the scheduled return date unless agreed in writing in advance.

P38 may cancel a reservation if equipment becomes unavailable, if the risk control requirement in your Agreement is not met, or if payment is not received. In that case we refund the amounts you have paid for the cancelled rental. That is the sole remedy.

If equipment comes back damaged, incomplete, late or not at all, the following apply as set out in your Agreement:

Repairable damage: the actual cost of repair, including parts, labor, shipping and diagnostics.

Loss, theft or damage beyond economical repair: the full Replacement Value stated in Exhibit A, or the current like for like replacement cost if higher.

Down time: the item's daily rate for each day it is out of service for repair or replacement, up to 30 days per item.

Late return: one additional rental day per item for each day late, plus any lost income on a following booking. Equipment more than 5 days late may be declared lost and charged at Replacement Value.

Cleaning and missing accessories: the cleaning fee stated in your Agreement, or actual cost, and the replacement cost of any missing case, cable, battery, power supply, media, clamp, stand or adapter.

These amounts may be deducted from the security deposit, charged to the card on file, or claimed under your insurance. Any remainder is due within 10 days of invoice and accrues interest at 1.5% per month or the maximum California law allows, whichever is less.

If equipment fails during the rental through no fault of yours, P38 will, at its option, repair or replace the item where reasonably possible, or refund or credit the rental charges for that item for the period it was inoperable. That is the exclusive remedy for equipment failure.

Refunds are issued to the card used for the original payment. Depending on your bank they typically appear within 5 to 10 business days of being issued.

Rental days already used are not refundable. Third party costs incurred on your behalf, such as freight, customs documents or insurance, are not refundable once incurred.

If you believe a charge is wrong, contact us at team@project38x.com within 30 days of the charge. We review it against the Condition Record and your Agreement and respond in writing.

Please contact us before disputing a charge with your card issuer. We can almost always resolve it faster with the check-in documentation in front of us.

Unresolved disputes are handled as your Agreement provides: good faith negotiation, then mediation, then binding arbitration administered by the American Arbitration Association in Los Angeles County, California. These terms are governed by California law.

Stripe emails you a receipt and an invoice for every payment. We keep your signed Agreement, the check-out and check-in Condition Record, the itemized statements we send you, and the record of your acceptance of these terms at checkout.

At checkout we collect your name, email, phone number and billing address, and Stripe collects your card details. We use this information to administer your rental, send receipts and statements, and process the charges described above. We do not sell it. Stripe's processing of your card details is governed by Stripe's privacy policy.