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Both parties
have agreed to use only the Program Adjustment Review (PAR) process for
dispute mediation. Use of this process exclusively is a condition of
service of TheEventLine.com, Inc. Those not wishing to use the PAR
mediation process if a dispute arises are to refuse and not use the
services or equipment of TheEventLine.com, Inc. HOWEVER, AS PROVIDE
IN THE CONTRACT: Actions may only be filed in the
Third Judicial Circuit Court of Madison County Illinois and if other than
the PAR process is needed or used, the USER is responsible for the legal, court
and other costs of BOTH parties.
The PAR
Process may only be initiated by the USER AGENT and/or SIGNOR named in
CONTRACT. Others are not PARTIES or authorized AGENTS as defined in the
Agreement.
Equipment failure, human error and misunderstandings can result in disagreements. To make sure
both parties receive a fair, unbiased evaluation and adjustment, the PAR
process uses the
non-profit EarthTraces Foundation and a 3-person REVIEW BOARD for dispute
mediation and resolution. EarthTraces has no ownership position in
TheEventLine.com, Inc., although both organizations have one Director
in common.
While a request to alter or change what it had
contractually agreed to (or to terms that are after the fact more
favorable to one part over the other) will not be considered, either party
may request an adjustment for Agreement terms that were not fully met.
PROCESS:
On the
PAR mediation request form (linked to on this page), please provide
the details of your adjustment request. In PHASE ONE, an initial review
will be made to determine if the minimum requirements for PAR have been
met. If so, a request for settlement to the parties pursuant to the
contract terms. Within 7-days a settlement offer is to be made and both
parties then have 10-days to escalate to PHASE TWO, a full REVEIW BOARD
mediation (review costs apply).
Personal or private discussion with a member of the REVIEW BOARD is not permitted
and only
written documentation may be considered so that all reviewers may act
upon the same information. A receipt confirmation will be sent within
7-days, the PHASE TWO PAR process typically requires 15-45 days due to the once monthly
review meeting.
Please CLICK HERE to submit a PAR
mediation process request.
APPLICABLE TERMS AND CONDITIONS:
The following terms and conditions will be applied in PAR
mediations:
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CONTRACT TERMS. Only the written Agreement between the parties
("AGREEMENT") may be considered. This includes the
SERVICE
WARRANTY,
the CHANGE AND CANCELLATION POLICY,
EVENT CANCELLATION INSURANCE
and the
ENTERTAINMENT WORKERS BARGAINING
AGREEMENT POLICY. Also, requests
for considerations outside or in conflict with the AGREEMENT and
statements of opinion will not be considered.
BOTH
PARTIES are expected to honor the terms and conditions of the
AGREEMENT they signed and no attempt to use the PAR process to
alter the contract will be considered. |
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REVIEW COSTS. PHASE ONE review are covered paid by PROVIDER.
PHASE TWO review costs ($100) are shared between the PARTIES.
Neither party may make false or frivolous submissions or demands on the review panel. |
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BAD WEATHER. Bad weather is part of doing an outdoor event. EVENT CANCELLATION INSURANCE
must have been purchased for credit or refund of ANY portion of
the event due directly or indirectly to weather. No claim of incorrect setup allowing bad weather to
impact an event can be considered. |
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INSURANCE. The USER must have the liability insurance required
by the contract or have been added as an additional insured to
the PROVIDER's policy. No cash refund of any item can be
considered, except per the CHANGE &
CANCELLATION POLICY or for unsubstituted, undelivered items
unless EVENT CANCELLATION INSURANCE
was been purchased at time of contract signing. |
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SAFE USE. The USER has agreed to the
SAFE EQUIPMENT USE POLICY, including the proper setups,
signage, monitoring and participant control it requires. The
USER has signed that this policy is understood and will be
enforced. No claim contrary to this policy, not accepting
responsibility for this policy or stating lack of knowledge of
this policy can be considered. |
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SITE. No claim shall be considered if USER has not provided
ACCESS, if utilities have not been properly marked or if a
complete site plan has not been provided as indicated in the
AGREEMENT. |
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SUBSTITUTIONS. Substitutions are allowed under the agreement and
any item used may not be adjusted except for the cost difference
between the original item rental rate and the rental rate of the
substitution. If costs in exceed the original rental rate, these
costs will be waived. |
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DONATIONS, SPONSORSHIPS and ADJUSTMENTS ALREADY GIVEN. The
AGREEMENT will be reviewed to determine if a donation,
sponsorship or adjustment was given and if the terms of this
reduction was fulfilled. Because items given by these reductions
have a zero cost, claims typically need to exceed this amount. |
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ONLY EVENT TIME WARRANTED. Only
the event time in the contract is adjustable and only for the
warranted hours indicated in the service warranty. No adjustment
for late arrival, longer than expected setup or takedown or any
pre or post event issues are warranted or adjustable under the
contract. |
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USER MANAGED EVENT. If User has agreed to provide part of the
labor (see "On-Site Labor" in the AGREEMENT) it is a USER
MANAGED event and is responsible for unloading, setting up,
operating, taking down and re-loading on the
delivery truck. Working hard or doing unexpected tasks is
not adjustable, User is responsible for all tasks. |
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FREE
USE. Hours of unpaid (free) use may have been included in the
AGREEMENT. These hours are not adjustable. (See: ONSITE LABOR
section of your AGREEMENT.) |
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USE. Use is at USER's discretion.
Equipment rent is fully earned upon leaving the PROVIDER's
warehouse. No confirmation of acceptance by USER is required,
however, any use confirms acceptance. |
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SUBMISSION DEADLINE. A PAR
request must be submitted within 10-days of the event date
unless both extended by agreement of both parties. |
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LIMITED
WARRANTY, ADJUSTMENTS AND CREDITS. Warranty, adjustments and
credits shall be limited to that agreed to by PROVIDER. No loss
of income or enjoyment, inconvenience or cost of any other kind
shall be considered.
All PAR adjustments will be in the
form of a credit usable on a future rental. There is no cash-out value of a
PAR determined credit. |
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HEARSAY.
Hearsay statements (i.e. "one of our participants said" or "I
heard that such and such happened") will not be considered
unless the person making the statement is named and an email
address given so an affidavit may be sent to them for
certification and subsequently returned. Hearsay has been found
to be extremely inaccurate and often more opinion than fact. DO
NOT indicate hearsay statements as your own, this would be a
"FALSE STATEMENT" (see below). |
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OMISSIONS, FALSE STATEMENTS AND
UNREASONABLE DEMANDS. Omissions of pertinent information (i.e.
stating "our event was contracted to end at 9PM", that omits
"our event was given an extra hour of services and ended at
10PM"), inaccurate or false statements or demands for adjustments outside the
contract both parties agreed to may result in summary decision
against the maker with review costs and a penalty
attached. Both parties are expected to make full, truthful
disclosures and accurate evaluations of equipment and services
delivered and/or used.
Any submissions contrary to the above or that are not of fact,
not factual, contrary to a Review Board request or attempting to
"bash" the other party in what is perceived to be an attempt to
influence the review except by statement of fact (opinion is not
fact) shall be assessed a minimum review cost of $50. |
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CIRCUMVENTION. The PARTIES shall make no attempt to circumvent
the PAR process OR alter or force the determination thereof.
The USER and any USER AGENT may not make or cause adverse or
negative communications to governing agencies,
business bureaus, public forums or any other bodies or medias.
If such occurs, USER shall loose any decisions in its favor and shall be responsible for penalties and
for all costs (including legal, court and collections) of
both PARTIES for the remedy of such. |
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Please CLICK HERE to submit a PAR
mediation process request.
©
Copyright 2009-2012 TheEventLine.com, Inc.
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