Terms of Service • Encore Audio

Terms & Conditions of Service

Effective Date: June 18, 2026

These Terms of Service (“Terms”) govern your use of our website (www.encoreaudio.ca) and the services provided by Encore Audio (“we”, “us”, or “our”). By accessing our website, making a booking, or using our services, you agree to be bound by these Terms.

Please read them carefully. If you do not agree with any part of these Terms, you should not use our site or services.

Travel Fees & Service Area

Encore Audio proudly serves Vancouver Island, the Gulf Islands, and the Sunshine Coast.

Travel within our standard service area is included in the contracted event price. Our standard service area includes most locations within approximately 150 km of Nanaimo, British Columbia.

Due to limitations of the online booking platform, travel fees for certain destinations may not be reflected in the initial booking total.

By proceeding with a booking, the Client acknowledges that events located outside Encore Audio’s standard service area may be subject to additional travel, ferry, accommodation, parking, or related charges. Any such charges will be communicated to the Client following review of the event location and shall form part of the total contracted fee.

Current destination-based travel fees include:

• Pacific Rim Region (Tofino, Ucluelet, and surrounding areas): See booking portal for current pricing

• North Island Region (Port McNeill, Port Hardy, and surrounding areas): See booking portal for current pricing

• Southern Gulf Islands: See booking portal for current pricing

• Sunshine Coast: See booking portal for current pricing

Where overnight accommodation is reasonably required due to event timing, distance, weather conditions, ferry schedules, or safety considerations, additional accommodation charges may apply and will be disclosed to the Client before the event date.

The Client will be given the opportunity to approve any applicable travel-related charges before such charges are invoiced or become payable.

1. Scope of Services

Services provided under this Agreement are strictly limited to those expressly identified in the finalized Invoice and any written addenda executed by Encore Audio.

No services, equipment, personnel, or time not expressly set out in the Invoice are included.

Encore Audio will provide the Services in a professional and workmanlike manner consistent with industry standards in British Columbia.

1.1 Changes to Scope of Services

Any request by the Client to modify the Services, event requirements, equipment, staffing, schedule, venue, or other aspects of the event after execution of this Agreement may require a revised invoice, additional fees, or written approval by Encore Audio.

Encore Audio reserves the right to accept or decline requested changes based in availability, operational requirements, and the nature of the requested modificatation.

1.2 Additional Services & Enhancements

Additional services, equipment, enhancements, overtime, event extensions, or modifications requested after execution of this Agreement are subject to availability and may incur additional fees.

Encore Audio is under no obligation to provide services, equipment, personnel, or event modifications not expressly identified in the finalized invoice or subsequently approved in writing by both parties

2. Booking & Payment Terms

2.1 Retainer

A non-refundable retainer equal to twenty-five percent (25%) of the total contracted fee is required to secure the event date, unless otherwise stated in writing.

No date is reserved until the retainer is received.

2.2 Final Payment

The remaining balance is due no later than fourteen (14) days prior to the event date unless otherwise agreed in writing.

Failure to pay the balance by the due date may be treated as cancellation by the Client.

2.3 Overdue Accounts & Collection Costs

Any amounts remaining unpaid after the applicable due date may be subject to reasonable collection efforts.

The Client agrees to reimburse Encore Audio for reasonable costs incurred in recovering overdue accounts, including collection agency fees, administrative costs, court costs, and legal fees where permitted by law.

Failure to pay amounts due under this Agreement does not relieve the Client of any contractual obligations or liabilities arising under this Agreement.

2.4 Accepted Payment Methods

Payments may be made via major credit cards or approved electronic transfer methods processed securely through our booking platform.

All pricing is in Canadian Dollars (CAD) and subject to applicable taxes.

3.Cancellations & Rescheduling

3.1 Client Cancellation

If the Client cancels:

- More than 60 days prior: Retainer forfeited; no additional payment required.
- 31–60 days prior: Fifty percent (50%) of total contracted fee due.
- 30 days or fewer: One hundred percent (100%) of total contracted fee due.

These amounts represent a genuine pre-estimate of damages resulting from the loss of booking opportunities and reservation of the event date.

3.2 Rescheduling

If the Client requests to reschedule more than thirty (30) days before the event, Encore Audio may, at its discretion, apply payments received toward a new mutually agreed date within six (6) months of the original event date, subject to availability.

Rescheduling requests within thirty (30) days are treated as cancellations unless otherwise agreed in writing.

3.3 Cancellation by Encore Audio

If Encore Audio must cancel due to serious illness, accident, or circumstances beyond reasonable control, all payments received will be refunded.

Encore Audio will make reasonable efforts to assist in locating a qualified replacement provider; however, no further liability shall apply.

3.4 Event Changes

The Client shall promptly notify Encore Audio of any changes to event details, including but not limited to venue location, event schedule, guest count, access times, setup requirements, or service duration.

Significant changes requested within fourteen (14) days of the event may be subject to additional fees, reduced service availability, revised service terms or adjusted setup requirements.

Encore Audio will make reasonable efforts to accommodate requested changes but cannot guarantee the availability or personnel, equipment, scheduling adjustments, or additional services resulting from such changes.

4. Client Responsibilities

The Client agrees to:

Provide accurate event details
Ensure safe, secure, and respectful working conditions
Obtain any required venue approvals, permits, or insurance
Ensure guests and vendors do not interfere with equipment

Encore Audio reserves the right to suspend or terminate Services without refund if:

Working conditions are unsafe
Guests engage in harassment, violence, or unlawful activity
Equipment is threatened or damaged
Electrical supply is unsafe or inadequate

5. Venue & Technical Requirements

The Client is responsible for ensuring:

A minimum of two (2) separate 15-amp electrical circuits
A stable, level, and covered performance area for outdoor events
Access to the venue at least ninety (90) minutes prior to start time
Compliance with venue policies and sound regulations

Encore Audio is not responsible for performance limitations caused by:

Venue sound limiters
Power failure
Venue-imposed shutdowns
Restricted access or delayed entry

Service interruptions caused by venue or third-party actions do not constitute breach of this Agreement.

6. Music & Content

Encore Audio welcomes music preferences and playlists. However, Encore Audio reserves professional discretion regarding song selection, timing, transitions, and refusal of content that is unlawful, discriminatory, or inappropriate for the setting.

7. Equipment & Damage

The Client is financially responsible for damage to Encore Audio equipment caused by guests, vendors, or venue staff, excluding normal wear and tear.

Replacement or repair costs will be invoiced at fair market value.

8. Alcohol & Conduct

Encore Audio maintains a professional standard of conduct at all events.

If intoxication, aggressive behaviour, or unlawful activity compromises safety, equipment, or professional standards, Encore Audio reserves the right to cease Services immediately without refund.

9. Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond reasonable control, including but not limited to:

Natural disasters
Government restrictions
Public health emergencies
Acts of God
Transportation disruptions

If performance becomes impossible, liability is limited to refund of amounts paid for unperformed Services.

10. Insurance & Licensing

Encore Audio maintains general liability insurance and required business licensing in British Columbia.

Proof of insurance may be provided upon request.

11. Limitation of Liability

To the maximum extent permitted by law:

Encore Audio shall not be liable for indirect, incidental, special, or consequential damages.

Total liability shall not exceed the total amount paid under this Agreement.

Encore Audio is not responsible for:

Loss of business revenue
Emotional distress
Event dissatisfaction arising from subjective musical preference
Third-party vendor failures

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless Encore Audio, its owners, employees, contractors, and representatives from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or related to:

The acts or omissions of the Client, guests, attendees, or vendors
Unsafe venue conditions or inadequate electrical supply
Breach of this Agreement by the Client
Failure to obtain required permits, permissions, or licenses
Use of client-provided media, content, or materials
Injury or property damage caused by event attendees

This indemnification does not apply to claims arising solely from the gross negligence or willful misconduct of Encore Audio.

13. Dispute Resolution

The parties agree to attempt good faith negotiation before commencing formal proceedings.

If unresolved, disputes shall be submitted to binding arbitration in British Columbia under applicable provincial arbitration legislation.

This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

14. Intellectual Property

All Encore Audio branding, marketing materials, mixes, written content, website content, booking platform content, images, videos, graphics, logos, digital assets, and other materials remain the exclusive intellectual property of Encore Audio or its licensors.

Unauthorized copying, reproduction, redistribution, publication, display, modification, or commercial use of Encore Audio’s intellectual property is prohibited without prior written consent.

14.1 Website & Platform Misuse

The Client agrees not to misuse Encore Audio’s website, online booking platform, forms, payment systems, or digital services.

Prohibited misuse includes, but is not limited to:

- Unauthorized access attempts
- Data scraping or automated data collection
- Impersonation of Encore Audio, its staff, contractors, or representatives
- Submission of false, misleading, abusive, or fraudulent information
- Interference with website, booking platform, payment, or communication systems
- Uploading or transmitting malicious code, spam, or harmful content

Encore Audio reserves the right to restrict access, cancel bookings, refuse service, preserve evidence, and pursue legal remedies where website, platform, or digital service misuse is suspected.

15. Media Use

With written permission, Encore Audio may use event photographs or video clips for promotional purposes.

The Client may opt out in writing at any time.

Encore Audio does not claim ownership of client-provided media.

16. Privacy & Personal Information (PIPA Compliance)

16.1 Collection of Personal Information

Encore Audio collects personal information in accordance with the Personal Information Protection Act (British Columbia) (“PIPA”).

Personal information may include, but is not limited to:

- Name, email address, mailing address, and telephone number
- Event details and planning information
- Payment and billing information
- Guest-related information voluntarily provided by the Client

Personal information is collected only for purposes that are reasonable and necessary to provide the contracted Services.

16.2 Purpose of Collection

Personal information is collected and used for the following purposes:

- Booking and confirming event services
- Processing payments and issuing invoices
- Communicating regarding event planning and coordination
- Providing post-event follow-up or documentation
- Meeting legal, tax, and regulatory obligations

Encore Audio will not use personal information for purposes unrelated to the provision of Services without consent.

16.3 Consent

By entering into this Agreement and providing personal information, the Client consents to the collection, use, and disclosure of personal information for the purposes described above.

Consent may be withdrawn at any time in writing, subject to legal or contractual restrictions and reasonable notice. Withdrawal of consent may affect our ability to provide Services.

16.4 Disclosure to Third Parties

Encore Audio may disclose personal information to third parties only where necessary to provide Services, including:

- Payment processors (e.g., Stripe)
- Insurance providers (if required by venue)
- Venue coordinators or event partners where operationally necessary
- Government authorities where required by law

Encore Audio does not sell or trade personal information.

16.5 Storage & Safeguards

Personal information is stored using commercially reasonable administrative, technical, and physical safeguards designed to protect against unauthorized access, disclosure, alteration, or destruction.

Electronic records may be stored on secure third-party platforms used for booking, invoicing, and communication.

16.6 Events Involving Minors

16.6.1 Supervision

For events involving individuals under the age of nineteen (19), including but not limited to school dances, graduations, youth community events, or student functions, the Client acknowledges that Encore Audio is engaged solely as an entertainment and audio service provider.

Encore Audio is not responsible for the supervision, discipline, or behavioural management of minors.

The Client agrees to ensure that adequate adult supervision, security personnel, or authorized staff are present throughout the event.

16.6.2 Authority to Contract

Where the event involves minors, the person signing this Agreement confirms that they are an authorized representative of the school, organization, or governing body and have the authority to enter into this Agreement on its behalf.

16.6.3 Media & Recording

Encore Audio will not photograph or record identifiable images of minors for promotional purposes without prior written consent from the contracting organization and confirmation that appropriate parental or guardian consent has been obtained where required.

16.6.4 Conduct & Safety

If the conduct of minors or attendees creates unsafe conditions, threatens equipment, or involves unlawful activity, Encore Audio reserves the right to suspend or terminate Services in accordance with this Agreement.

16.7 Retention

Personal information is retained only as long as reasonably necessary to fulfill the purposes outlined above or as required by law, including tax and accounting record retention requirements.

16.8 Access & Correction

The Client has the right to request access to their personal information and to request correction of inaccuracies, subject to legal limitations.

Requests may be made in writing to:

[email protected]

16.9 Privacy Policy

Additional details regarding our data handling practices, safeguards, retention procedures, and privacy contact information are outlined in our

https://encoreaudio.ca/privacy-policy

By entering into this Agreement, the Client acknowledges having had the opportunity to review the Privacy Policy.

17. Entire Agreement

This Agreement, together with the Event Details and any written addenda, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements.

Any amendments must be in writing.

18. Legal Capacity

The person signing this Agreement confirms they are: