Listed below is the full list of policies, legality information, disclaimers, terms and conditions pertaining to Sean M Feeney Audio and it's associates. This Contractor's Agreement is to be made readily available for any client or customer, and can be requested at any time by any prospective/active contract holder, employer, or homeowner. NOT ALL CLAUSES WILL APPLY TO EVERY JOB/GIG. Please familiarize yourself with this contract, updated 4/1/25.

I. DEFINITIONS

From the duration of this contract, the following terms are to be used and interpreted as follows.

a. Sean M Feeney Audio and "SMF Audio" will be used as synonymous terms of each other. The entity in which Sean Feeney and partners complete contracted freelance work. The "Employer", the "Company", the "Entity", the "Contractor" is the term for which SMF Audio refers to

b. The "Customer", the "Client", the "Patron", is the payer, or the one receiving rental equipment from SMF Audio

d. The "Owner", the "Operator", the "Sole Businessman" is Sean Feeney himself, who may refer to himself as "Sean"

e. "Wear and Tear" is defined as small scratched or cosmetic defects afflicted naturally during the handling of equipment. Wear and Tear shall NOT be defined as speaker cone/driver damage, damage to the ports or panel, medium-large dents or scratches.

II. AGREEMENT TERMS

a. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

b. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this

c. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as stated on your invoice and below if necessary. 

d. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

e. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.

f. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

g. The CLIENT shall not, for any reason whatsoever, terminate the contract after signature without explicit permission from the CONTRACTOR.

h. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

III. PAYMENT OPTIONS
a. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.

b. The CONTRACTOR has the ability to place a contractor's lien as early as one week following the failure to pay. Contracts will have a period beginning immediately after work is completed and ends after two weeks. Following these two weeks the lien will be placed if further failure to pay persits.

c. Sean M Feeney Audio uses three main payment options currently. Cash and check are always preferred. If that is not an option, we allow the use of Vemno (username @seanmfeeneyaudio). 

d. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation. 

e. All paid work contracted by Sean M Feeney Audio to known associates or partners shall be paid out in cash, under the table, and agreed by both parties upon before work begins. 

IV. LIABILITY DISCLAIMERS
a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER, OR TO ANY THIRD PARTY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR INJURIES ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT. 

b. SEAN M FEENEY AUDIO DOES NOT, AT THIS TIME, HAVE INSURANCE COVERING THE ENTITY OF THIS BUSINESS OR THE EQUIPMENT OWNED BY IT. ANY CONTRACT SIGNED SHALL CONTAIN AN EMPLOYER'S INSURANCE INFORMATION IF RELEVANT, BUT THE EQUIPMENT OWNED BY SMF AUDIO AND OPERATED BY PARTNERS, WHETHER CONTRACTED OR NOT, SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, DISASTER, DAMAGES ONE MAY BE SUCCUMB TO WHILE OPERATING THIS EQUIPMENT.

c. AS A PARTNER OR CONTRACTED HELP, YOU ASSUME THE RISKS ASSOCIATED WITH WORK DONE THROUGH SMF AUDIO. THEY HAVE BEEN MADE VERBALLY ARARE OF CLAUSE 3b, AND THAT INSURANCE IS UNAVAILABLE FOR A COMPANY THIS SMALL. SEAN M FEENEY AUDIO IS IN NO WAY RESPONSIBLE FOR INJURIES OR INCIDENTS RESULTING FROM WORK.

V. RENTAL AGREEMENTS
a. ANY RENTAL EQUIPMENT INVOLVED WITH ANY TRANSACTION WITH SEAN M FEENEY AUDIO HAS BEEN GIVEN IN GOOD, WORKING CONDITION UNLESS STATED OTHERWISE AND WILL BE RETURNED IN THE SAME GOOD CONDITION. ORDINARY WEAR AND TEAR WILL BE ACCEPTED. BY SIGNING YOUR RENTAL AGREEMENT, YOU HEREBY AGREE TO THESE TERMS AND CONDITIONS AS A VALUED CUSTOMER OF SEAN M FEENEY AUDIO. 

b. SHOULD THE MISUSE OF GEAR CAUSE ANY DAMAGE TO THE LOOK OR FUNCTIONALITY OF THE EQUIPMENT, A DAMAGE FEE OF EITHER THE FULL SECONDHAND VALUE OF THE EQUIPMENT OR THE COST OF REPAIR AND LABOR, WHICHEVER GREATEST, SHALL BE PAID IN FULL WITHIN ONE WEEK TO SEAN M FEENEY AUDIO.

c. THE OPERATION OF ANY OF OUR EQUIPMENT IS PROHIBITED OUTSIDE DURING INCLEMENT WEATHER. IF THE EQUIPMENT IS DAMAGED IN ANY WAY (OTHER THAN  NORMAL WEAR AND TEAR), THE CUSTOMER WILL PAY THE FULL AMOUNT TO REPAIR OR REPLACE SAID GEAR.

d. ACTS OF GOD, INCLUDING LIGHTNING, NATURAL/BIOLOGICAL/CHEMICAL DISASTER, OR DAMAGE DEEMED TO BE CAUSED BEYOND THE CONTROL OF THE RENTER, THE QUOTE YOU RECEIVED WILL BECOME YOUR FINAL COST, SMF AUDIO WILL BEAR THE COST OF REPAIRS IN ONLY THIS CASE.

VI. EXTERNAL LINKS CLAUSE

a. As a convenience, Sean M Feeney Audio offers links to certain websites created and maintained by other public and/or private entities. Sean M Feeney Audio has no control over linked sites and cannot guarantee, or be held responsible for, any materials found on any non-Sean M Feeney Audio site. The user specifically acknowledges that Sean M Feeney Audio is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from Sean M Feeney Audio's pages do not constitute an endorsement. These links are provided as an information service only. It is the responsibility of the web user to evaluate the content and usefulness of information obtained from other sites. Sean M Feeney Audio's Internet site contains, among other areas, a section called “service links” containing links to other related internet sites and resources. Since Sean M Feeney Audio is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.

VII. USE OF EMAIL CLAUSE

a. Sean M Feeney Audio has the ability to use your email address and any other form of contact information given by a patron or potential patron. Sean M Feeney Audio will never sell this information to any third party, but may share it with other associates of Sean M Feeney Audio, as well as any other necessary party, including but not limited to, online stores for equipment purchasing, invoicing and payroll companies, etc. 

IIX. ETHICS CLAUSE

a. At Sean M Feeney Audio, we try to remain as ethically, culturally, socially, and emotionally conscious of whoever we work with/for. Sean M Feeney Audio does not and will never hire/fire nor accept/decline offers based on the principles of race, gender, sexual preference, or any factor whatsoever other than merit. The United States of America is a meritocracy such that no one will be judged based on any factor except what skills they possess.

b. Sean M Feeney Audio does not endorse or express the views of any affiliated parties or resources. 

IX. CONFIDENTIALITY CLAUSE

a. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

b. The Contractor agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client. This obligation will survive the expiration or termination of this Agreement and will continue for one (1) year from the date of such expiration or termination.

c. All written and oral information and materials disclosed or provided by the Client to the Contractor under this Agreement is
Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

X. MODIFICATION OF AGREEMENT CLAUSE

a. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

XI. OWNERSHIP AND INTELLECTUAL PROPERTY CLAUSE

a. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
 

XII. RETURN OF PROPERTY CLAUSE

a. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

b. Upon the expiry or termination of this Agreement, the Client will return to the Contractor any and all property, equipment, records, all Information which is the property of the Contractor.

XIII. ENSUREMENT CLAUSE

a. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted.

XIV. TIME OF THE ESSENCE CLAUSE

a. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

XV. ENTIRE AGREEMENT CLAUSE

a. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement and the invoices attached.

XVI. INDEPENDENT CONTRACTOR CLAUSE

a. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

SERVICES PROVIDED SIGNATURE/DATE OF CONTRACTOR SIGNATURE/DATE OF CLIENT SERVICES TO BE PERFORMED ON