This TERMS, RATES AND CONDITIONS AGREEMENT is made between Cre8iv Agency LLC dba Cre8iv Crew Company and the “Client”.
These Terms and Conditions (“Agreement”) govern the relationship between Cre8iv Crew LLC (“Cre8iv Crew”, “Provider”, “we”, “us”, or “our”) and the client (“Client”, “you”, or “your”) who engages Cre8iv Crew to provide promotional marketing and event staffing services.
1. Scope of Services
Cre8iv Crew provides marketing services including, but not limited to, event promotion, experiential marketing, and the provision of Brand Ambassadors and other independent professionals to represent client brands at in-person or virtual events (“Services”).
2. Booking & Payment Terms
2.1 Deposit Requirement
A non-refundable deposit of 50% of the total estimated cost is required no later than 48 hours prior to the event start date. Failure to provide the deposit within this timeframe may result in cancellation of services at Cre8iv Crew’s sole discretion.
2.2 Final Payment
The remaining balance is due within 30 calendar days from the conclusion of the event (“Net 30”). Payments not received by the due date may incur late fees of 1.5% per month or the maximum amount permitted by law, whichever is lower.
2.3 Minimum Billable Rate
Each event engagement will be billed at a minimum of $60 per event, regardless of duration or scope, unless otherwise agreed upon in writing.
2.4 Product Spend Handling Fee
When Cre8iv Crew advances, procures, manages, stores, transports, or otherwise handles product, supplies, or materials on behalf of the Client (“Product Spend”), a product handling fee of twenty percent (20%) of the total product spend shall apply.
This handling fee covers administrative time, coordination, storage, logistics, financial risk, and out-of-pocket cost management associated with product procurement and handling.
2.4.1 Prepaid Product Spend Option (Fee Avoidance)
Client may elect to prepay product spend in advance of the event to avoid the product handling fee. Prepaid funds will be held securely in Client’s account and applied solely to the designated activation.
At the conclusion of each event, Client may choose to:
- Receive any unused product funds as a refund, or
- Retain the remaining balance as a credit toward a future activation
- Refunds of unused prepaid product spend will be processed within a commercially reasonable timeframe.
2.4.2 Billing & Non-Waiver
The product handling fee is non-negotiable, non-discountable, and not subject to waiver unless expressly agreed to in writing by an authorized representative of Cre8iv Crew.
The absence of a product handling fee line item in an estimate, proposal, or booking confirmation does not constitute a waiver of Cre8iv Crew’s right to apply the fee if product spend is incurred on Client’s behalf.
Product handling fees will be reflected in final invoicing and shall be due in accordance with the payment terms set forth in this Agreement.
2.5 Marketing Materials Handling & Logistics Surcharge
Activations requiring pickup, delivery, transport, staging, return, or handling of products, swag, signage, or promotional materials within Cre8iv Crew’s service areas are subject to a marketing materials logistics surcharge of an additional $15 per hour, per staff member involved.
This surcharge applies to time spent on logistics-related activities, including but not limited to:
- Pre-event pickup or collection of materials
- Transport between storage locations, venues, or activation sites
- On-site staging, setup, breakdown, or repacking of materials
- Post-event return, drop-off, or redistribution of materials
The marketing materials logistics surcharge is billed in addition to standard hourly rates, holiday premiums, and any applicable product handling fees, and is non-negotiable unless expressly waived in writing by an authorized representative of Cre8iv Crew.
The absence of this surcharge as a line item in a proposal or estimate does not constitute a waiver of Cre8iv Crew’s right to apply the surcharge if logistics services are required to fulfill the activation.
2.6 Holiday Pay Premium (Non-Waivable)
Events scheduled on designated holidays are subject to a mandatory holiday premium of an additional $25 per hour, per staff member, billed in addition to Cre8iv Crew’s standard hourly rates.
The holiday premium applies to all hours worked on the applicable holiday and is non-negotiable, non-discountable, and not subject to waiver under any circumstances.
Designated Holidays include:
- Thanksgiving Day
- Christmas Eve
- Christmas Day
- New Year’s Eve
- New Year’s Day
Client acknowledges that holiday staffing requires elevated labor costs due to limited availability and increased contractor compensation requirements and agrees to the applicable premium rates as a condition of service.
2.6.1 Holiday Time Definitions
For billing purposes, holiday pay premiums apply during the following timeframes:
- Thanksgiving Day: 12:00 a.m. – 11:59 p.m.
- Christmas Eve: 12:00 p.m. (noon) – 11:59 p.m.
- Christmas Day: 12:00 a.m. – 11:59 p.m.
- New Year’s Eve: 12:00 p.m. (noon) – 11:59 p.m.
- New Year’s Day: 12:00 a.m. – 11:59 p.m.
Any portion of an event or shift falling within these timeframes will be billed at the applicable holiday premium rate for all hours worked during that period.
2.7 Last-Minute & Short-Notice Bookings
Event requests submitted within seven (7) calendar days of the scheduled event date are subject to:
- The holiday premium outlined in Section 2.4, and
- Additional expedited staffing or sourcing fees, if applicable
Cre8iv Crew does not guarantee staffing availability for short-notice events. Acceptance of such bookings is at Cre8iv Crew’s sole discretion and may require full prepayment prior to confirmation.
2.8 Proposal, Invoice & Estimate Alignment
Client acknowledges and agrees that:
- Holiday premiums may be reflected in proposals, estimates, booking confirmations, and/or final invoices
- The absence of a holiday premium line item in an estimate does not waive Cre8iv Crew’s right to bill the applicable holiday premium if the event occurs on a designated holiday
- Final invoicing shall govern and supersede preliminary estimates in the event of discrepancies related to holiday billing
2.9 Acknowledgment of Rates
By booking services with Cre8iv Crew on or around designated holidays, Client expressly acknowledges and agrees to the holiday pay premiums, time definitions, and related fees set forth in this Agreement.
3. Cancellation Policy
Cancellations must be made in writing. If the event is canceled by the Client less than 48 hours prior to the scheduled start, the full deposit will be forfeited and Cre8iv Crew reserves the right to bill for any incurred costs or commitments made on behalf of the Client.
4. Independent Contractor Clause
All personnel provided by Cre8iv Crew, including Brand Ambassadors and promotional staff, operate as independent contractors. They are not employees of the Client or Cre8iv Crew. The Client shall not be responsible for withholding taxes, benefits, insurance, or any other employment obligations.
Cre8iv Crew retains full responsibility for recruiting, training, compensating, and managing its independent contractors.
5. Provider Responsibilities
Cre8iv Crew agrees to:
- Provide qualified personnel for event representation and brand engagement.
- Deliver services in a professional and timely manner.
- Ensure that contractors are briefed and equipped with the necessary knowledge, attire, and materials.
- Maintain open communication before, during, and after the event to ensure alignment on goals and performance.
6. Client Responsibilities
The Client agrees to:
- Provide all necessary event information, materials, and instructions at least 48 hours before the event.
- Cooperate with Cre8iv Crew to facilitate a smooth execution of services.
- Ensure a safe and respectful working environment for Cre8iv Crew’s personnel.
- Pay all invoices in accordance with the terms outlined herein.
7. Liability & Indemnity
Cre8iv Crew shall not be held liable for any indirect, incidental, special, or consequential damages arising from the performance or non-performance of services. Client agrees to indemnify and hold harmless Cre8iv Crew and its contractors from any claims arising out of the Client’s actions, negligence, or failure to provide a safe work environment.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the course of engagement unless required by law or with prior written consent.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of law principles.
10. Electronic Communications & SMS Consent
By engaging Cre8iv Crew and submitting contact information to Cre8iv Crew by any means (including online forms, email, text message, or verbal communication), Client expressly consents to receive electronic communications, including but not limited to emails, text messages (SMS/MMS), and automated notifications, related to:
- Event coordination and scheduling
- Staffing confirmations and updates
- Service changes, rate notices, and policy updates
- Invoices, payment reminders, and account notices
- Operational or administrative communications related to Services
Client understands that such communications may be sent using automated systems, including customer relationship management (CRM) platforms, and may include recurring messages. Message and data rates may apply.
Consent to receive electronic communications is not a condition of purchasing services, but Client acknowledges that opting out of certain communications may limit Cre8iv Crew’s ability to provide timely updates or fulfill Services.
10.1 Opt-Out & Communication Preferences
Client may opt out of non-essential SMS communications at any time by replying “STOP” to any text message or by providing written notice via email. Email communications may be unsubscribed from using the link provided in applicable messages, where available.
Operational, transactional, and legally required communications (including but not limited to invoices, service notices, and contractual updates) may continue regardless of opt-out status, as permitted by law.
10.2 Electronic Records & Acknowledgment
Client agrees that electronic communications, acknowledgments, and records—including confirmations sent via email or SMS—constitute valid and binding notice under this Agreement and may be relied upon by Cre8iv Crew for operational, billing, and legal purposes.
11. Entire Agreement
These Terms and Conditions, together with any related service agreements, estimates, or communications, constitute the entire understanding between the parties. No amendment shall be valid unless in writing and signed by both parties.
By confirming a booking or submitting a deposit, the Client agrees to be bound by these Terms and Conditions.