Terms & Conditions

Welcome to ProWave Studios. These Terms and Conditions ("Terms," "Agreement") govern your use of our website located at https://prowavestudios.lol and all services provided by ProWave Studios, including but not limited to audio and video equipment rental, equipment sales, podcast studio access, and professional videography services.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

1. Definitions

For the purposes of these Terms:

• "Company," "We," "Us," "Our" refers to ProWave Studios, located at 27273 Baumbach Summit, New Ken, SK S6G9E3, Canada, Business Registration #11146912.
• "Client," "You," "Your" refers to the individual or entity using our website or services.
• "Equipment" refers to all audio and video equipment, accessories, and related items available for rental or purchase.
• "Services" refers to all services provided by ProWave Studios, including equipment rental, sales, podcast studio access, and videography services.
• "Website" refers to https://prowavestudios.lol and all associated pages and platforms.
• "Rental Period" refers to the agreed-upon duration for equipment rental.

2. Acceptance of Terms

By using our website or services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You will comply with all applicable laws and regulations
• All information provided to us is accurate and complete
• You have the authority to bind any organization on whose behalf you act

We reserve the right to refuse service to anyone for any reason at any time.

3. Equipment Rental Services

3.1 Rental Agreement

When you rent equipment from ProWave Studios, you enter into a binding rental agreement. Each rental is subject to equipment availability and our approval.

3.2 Rental Reservations

• Reservations must be made at least 48 hours in advance (subject to availability)
• We recommend booking 2 weeks in advance for guaranteed availability
• Reservations are confirmed upon receipt of payment or approved deposit
• Changes to reservations must be made at least 24 hours before pickup

3.3 Rental Periods and Rates

Rental periods are calculated as follows:

• Late returns are charged at 1.5x the daily rate per day
• Equipment must be returned during business hours unless otherwise arranged
• Rental periods begin when equipment leaves our facility and end upon return

3.4 Security Deposit

A refundable security deposit may be required for equipment rentals:

• Deposit amounts vary based on equipment value
• Deposits are held via credit card authorization or cash
• Deposits are refunded within 5-7 business days after equipment return and inspection
• Deposits may be used to cover damages, late fees, or cleaning charges

3.5 Equipment Condition and Inspection

You are responsible for:

• Inspecting all equipment upon pickup
• Reporting any existing damage or defects immediately
• Maintaining equipment in good working condition
• Returning equipment clean and in the same condition as received
• Ensuring all accessories and components are returned

3.6 Proper Use of Equipment

You agree to:

• Use equipment only for its intended purpose
• Follow all manufacturer instructions and safety guidelines
• Not modify, alter, or repair equipment without our written permission
• Not sublease or lend equipment to third parties
• Keep equipment secure and protected from theft, damage, or loss
• Use equipment only within Canada unless pre-approved

3.7 Liability for Damage or Loss

• You are liable for all damage beyond normal wear and tear
• Theft or loss of equipment is your responsibility
• Repair or replacement costs will be charged at fair market value
• Optional damage protection insurance is available at booking
• You must report theft to police and provide a police report

3.8 Equipment Delivery and Pickup

We offer delivery and pickup services:

• Delivery fees vary based on distance and equipment volume
• Free delivery available for orders over $500 within Regina city limits
• Delivery times must be scheduled in advance
• Someone must be present to receive and return equipment
• Delivery personnel will provide equipment orientation upon request

4. Equipment Sales

4.1 Product Information

• We strive to provide accurate product descriptions and specifications
• Product images are representative and may vary from actual items
• Equipment condition (new, used, refurbished) is clearly indicated
• Prices are subject to change without notice

4.2 Orders and Payment

• All sales are subject to equipment availability
• Orders are confirmed upon payment receipt
• We accept major credit cards, debit cards, and e-transfer
• Full payment is required before equipment release

4.3 Warranty

Equipment sales include:

• Manufacturer warranty for new equipment (terms vary by manufacturer)
• 30-day limited warranty on used equipment (parts and labor)
• No warranty on clearance or as-is items (clearly marked)
• Warranty does not cover damage from misuse, accidents, or unauthorized repairs

4.4 Returns and Exchanges

See our separate Refund Policy for detailed information on returns and exchanges.

5. Podcast Studio Access

5.1 Studio Booking

• Studio bookings must be made in advance via our website or phone
• Minimum booking period is 1 hour
• Bookings are confirmed upon payment or deposit
• Cancellations must be made at least 24 hours in advance for full refund

5.2 Studio Rules

When using our podcast studios, you must:

• Arrive on time for your scheduled session
• Limit occupancy to the number of people specified in your booking
• Treat all equipment and facilities with care
• Not consume food or beverages near equipment
• Leave the studio in clean condition
• Follow all safety protocols and staff instructions
• Not exceed your booked time without prior arrangement

5.3 Recording Ownership

• You retain all rights to content recorded in our studios
• You are responsible for obtaining necessary rights and permissions for your content
• We are not liable for any copyright or intellectual property issues

6. Professional Videography Services

6.1 Service Agreement

Videography services require a signed service agreement specifying:

• Project scope and deliverables
• Filming dates and locations
• Editing requirements and revisions
• Payment terms and schedule
• Delivery timeline

6.2 Deposits and Payment

• 50% non-refundable deposit required to secure booking
• Remaining balance due upon project completion
• Additional charges may apply for scope changes or extra revisions
• Final files released only after full payment received

6.3 Filming Permissions

You are responsible for:

• Obtaining necessary permits for filming locations
• Securing releases from all individuals appearing in footage
• Ensuring rights to music, images, or other third-party content
• Complying with all applicable laws and regulations

6.4 Intellectual Property

• You receive full rights to final delivered video content
• We retain the right to use footage in our portfolio unless agreed otherwise
• Raw footage remains our property unless purchased separately
• We may showcase your project for promotional purposes with your permission

6.5 Cancellations and Rescheduling

• Cancellations more than 14 days before filming: 50% deposit refund
• Cancellations 7-14 days before filming: 25% deposit refund
• Cancellations less than 7 days before filming: No refund
• Rescheduling is subject to availability and may incur additional fees

7. Payment Terms

7.1 Accepted Payment Methods

We accept:

• Major credit cards (Visa, Mastercard, American Express)
• Debit cards
• Interac e-Transfer
• Cash (in person only)
• Company checks (with approved credit)

7.2 Pricing and Taxes

• All prices are in Canadian dollars (CAD)
• Prices do not include applicable taxes (GST/PST/HST)
• Additional fees (delivery, insurance, etc.) are clearly stated
• We reserve the right to correct pricing errors

7.3 Late Payments

• Late fees of 2% per month apply to overdue balances
• Services may be suspended for accounts more than 30 days overdue
• Collection costs are the responsibility of the client

8. Cancellation and Refund Policy

Please refer to our separate Refund Policy for detailed information about cancellations, refunds, and exchanges. Key points include:

• Rental cancellations more than 48 hours in advance: Full refund
• Rental cancellations within 48 hours: 50% charge
• Equipment sales returns within 14 days with original packaging
• Service cancellations subject to specific terms by service type

9. Limitation of Liability

To the maximum extent permitted by law:

• ProWave Studios is not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid for the specific service or rental
• We are not responsible for equipment malfunction affecting your project outcomes
• You assume all risks associated with equipment use
• We are not liable for data loss, project delays, or business interruptions
• Technical support and equipment training are provided as-is without warranties

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under Canadian law

10. Indemnification

You agree to indemnify, defend, and hold harmless ProWave Studios, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our equipment or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any damage to persons or property caused by equipment under your control
• Your negligence or willful misconduct

11. Insurance

11.1 Our Insurance

ProWave Studios maintains appropriate business insurance covering our equipment and operations.

11.2 Client Insurance

We recommend that clients:

• Maintain adequate insurance for rented equipment
• Consider our optional damage protection insurance
• Verify their homeowners or business insurance covers rented equipment
• Obtain liability insurance for commercial productions

12. Intellectual Property Rights

12.1 Website Content

All content on our website, including text, graphics, logos, images, videos, and software, is the property of ProWave Studios or its licensors and is protected by Canadian and international copyright laws.

You may not:

• Reproduce, distribute, or modify website content without permission
• Use our trademarks or branding without authorization
• Create derivative works from our content
• Use automated systems to access our website

12.2 User-Generated Content

If you provide feedback, testimonials, or other content to ProWave Studios:

• You grant us a perpetual, royalty-free license to use such content
• You represent that you own or have rights to the content provided
• We may edit content for clarity and length

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the practices described in our Privacy Policy.

14. Force Majeure

ProWave Studios is not liable for failure to perform obligations due to circumstances beyond our reasonable control, including:

• Natural disasters (floods, earthquakes, severe weather)
• Acts of government or regulatory authorities
• War, terrorism, or civil unrest
• Labor disputes or strikes
• Pandemics or public health emergencies
• Utility failures or internet outages
• Equipment malfunction due to manufacturing defects

In such events, we will make reasonable efforts to fulfill obligations and may offer rescheduling or refunds at our discretion.

15. Dispute Resolution

15.1 Informal Resolution

If you have any concerns or disputes, please contact us first at info@prowavestudios.lol. We will work in good faith to resolve issues amicably.

15.2 Governing Law

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.3 Jurisdiction

Any disputes arising from these Terms or our services shall be resolved exclusively in the courts of Saskatchewan, Canada. You consent to the jurisdiction of such courts.

15.4 Mediation and Arbitration

Prior to initiating legal proceedings, parties agree to attempt resolution through mediation. If mediation fails, disputes may be submitted to binding arbitration in accordance with the Arbitration Act of Saskatchewan.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ProWave Studios regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.

18. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified Terms.

Significant changes will be communicated via:

• Email notification to registered users
• Prominent notice on our website homepage
• Updated "Last Modified" date at the top of this document

19. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of ProWave Studios.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any party without restriction.

21. Contact Information

22. Acknowledgment

By using ProWave Studios' website and services, you acknowledge that:

• You have read and understood these Terms & Conditions
• You agree to be bound by these Terms
• You meet the eligibility requirements
• You have the authority to enter into this agreement
• You understand your rights and obligations