Terms of Service

By accessing setsactivations.com (the “Site”), submitting a staffing request, or engaging SETS LLC, you accept these Terms. If you do not agree, do not use the Site or request services. If you are agreeing on behalf of a company or other entity (the “Client”), you represent that you have authority to bind that entity.

The Site and our services are intended for business use by individuals who are at least eighteen (18) years old and acting in a commercial capacity. We do not provide consumer services and do not place staff for personal, household or non-commercial purposes without a written agreement.

Submitting a quote request, contact form or inquiry is a request for information only. It does not reserve talent, hold a date, or create a binding agreement.

Quotes are estimates based on the information you provide. Rates, headcount and coverage are subject to change if the scope, date, market, shift length, uniform requirements, permitting or venue conditions change. Unless stated otherwise in writing, quotes are valid for thirty (30) days from issuance and are subject to talent availability at the time of acceptance.

You agree that the information you submit is accurate and complete. Inaccurate scoping information may result in revised pricing or an inability to fulfill the program.

A binding engagement is formed only upon execution of a written staffing agreement, statement of work, or signed proposal, and receipt of any required deposit or upfront payment per Section 07.

Each engagement is governed by a written staffing agreement, master services agreement or statement of work (each, a “Staffing Agreement”) that specifies roles, headcount, dates, markets, shift lengths, rates, management fees and deliverables.

If a Staffing Agreement conflicts with these Terms, the Staffing Agreement controls for that engagement. These Terms govern all other aspects of your relationship with us and your use of the Site. Purchase order terms, vendor portal terms or other pre-printed Client terms do not apply unless expressly accepted by us in writing.

Unless otherwise agreed in writing: shifts are subject to market-standard minimum billable hours; hours worked beyond the scheduled shift are billed at the applicable rate; and overtime, travel, per diem, parking, permits, uniforms, shipping and equipment are billed as pass-through costs.

The Client shall provide accurate program details, venue access, call times, load-in instructions and any brand guidelines or training materials in advance of the activation.

The Client shall provide a safe working environment that complies with all applicable occupational safety, wage-and-hour, anti-discrimination and anti-harassment laws, including reasonable breaks, access to water and shelter, and appropriate conditions for the assigned work.

The Client shall secure all permits, licenses, insurance and venue approvals required for the activation, including any alcohol sampling, food handling or promotional permits, unless we have agreed in writing to obtain them on your behalf.

The Client shall refrain from directing personnel to perform tasks outside the agreed scope, to operate vehicles or heavy equipment, to handle cash or high-value merchandise, or to perform any activity that is unsafe or unlawful.

The Client shall notify us immediately of any incident, injury, property damage or complaint involving assigned personnel.

Personnel supplied by SETS LLC are our employees or independent contractors, as applicable. They are not employees, joint employees, agents or partners of the Client, and the Client is not responsible for their wages, benefits, or payroll taxes.

We screen, interview and brief personnel and use commercially reasonable efforts to fill every confirmed shift, including standby coverage. We do not guarantee the performance, conduct, sales results or conversion outcomes of any individual staffer or program.

Our sole obligation for a staffing shortfall, late arrival or unsatisfactory performer is, at our election, to backfill the position, extend equivalent coverage, or credit the unworked hours for that individual. Credits must be requested in writing within ten (10) days of the activation date.

You must not solicit, hire or engage personnel introduced to you by SETS LLC, directly or through another agency, for twelve (12) months following their last assignment with you, without our prior written consent and payment of the conversion fee stated in the applicable Staffing Agreement.

The Client is responsible for the safety of the activation environment and for supervising the brand-related content of the activation. We are not liable for injury, loss or damage arising from unsafe venue conditions, Client-directed tasks outside the agreed scope, or Client-supplied products, equipment, vehicles or premises.

Payment Milestones & Schedule

Engagements Under $3,000 USD. Full payment (100%) is required upon contract execution and prior to talent allocation, scheduling reservation, or field deployment.

Engagements of $3,000 USD or Greater. A 50% upfront deposit is required upon booking to confirm scheduling. Client agrees that this deposit represents a reasonable pre-estimate of SETS LLC’s immediate administrative costs, resource allocation, and lost opportunity in reserving talent and turning away other prospective clients for the designated dates. Accordingly, this deposit is earned upon receipt and is non-refundable as liquidated damages, not as a penalty, in the event of Client cancellation or default. The remaining 50% balance shall be billed and due on Net 30 terms from the date of initial invoice issuance.

Service Conditions

Satisfactory receipt and clearance of all required initial payments or deposits constitutes an express condition precedent to talent mobilization and schedule reservation.

Late Payments & Interest

Any undisputed amounts remaining unpaid past the designated due date shall accrue late interest at the rate of 1.5% per month (18% per annum) or the maximum allowable legal limit, whichever is lesser. Client shall reimburse SETS LLC for all costs incurred in collecting delinquent balances, including reasonable attorneys' fees and legal costs.

Invoice Disputes

Claims regarding invoice inaccuracies must be submitted to SETS LLC in writing within ten (10) calendar days of invoice delivery. Failure to issue written notice within this period shall constitute an irrevocable acceptance of the invoice. Undisputed amounts remain payable strictly per the applicable payment terms.

Taxation

All fees quoted are net of taxes. Client assumes sole responsibility for all applicable federal, state, or local sales, use, excise, or transaction taxes arising from the services rendered hereunder.

Cancellation and rescheduling fees are set out in the applicable Staffing Agreement and reflect talent that has been booked and turned down other work. Absent other written terms, cancellations or headcount reductions made fewer than seventy-two (72) hours before scheduled call time are billable in full.

Neither party is liable for failure to perform due to causes beyond its reasonable control, including severe weather, natural disaster, venue closure, public health orders, labor actions, utility or transportation failure, or government action. Talent already deployed or on call may remain billable.

SETS LLC maintains commercial general liability and workers' compensation coverage as required by law and as specified in the applicable Staffing Agreement, and will furnish certificates of insurance on request. The Client is responsible for maintaining its own insurance covering the activation, venue and products.

The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Metrics, case examples, imagery and capability descriptions on the Site are illustrative of prior work and industry capability and are not a promise of any particular result. Services are performed in a professional and workmanlike manner; no other warranty is given.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Site, these Terms or any engagement will not exceed the amounts actually paid by the Client to SETS LLC for the specific activation giving rise to the claim. These limitations do not apply to a party's indemnification obligations, gross negligence or willful misconduct.

The Client will defend, indemnify and hold harmless SETS LLC, its personnel and contractors from claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from the Client's products, marketing content, venue or premises, the Client's breach of these Terms or a Staffing Agreement, or the Client's violation of law. We will similarly defend and indemnify the Client for claims arising from our gross negligence or willful misconduct in performing the services.

All content on the Site — including text, layout, graphics, site design, and the SETS LLC name and trademarks — is owned by SETS LLC or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, scrape, or create derivative works from Site content without prior written permission.

Conceptual Media & Trademark Policy

All visual media, third-party logos, trade dress, and product imagery displayed on this website are synthesized digital renderings utilized solely for concept-demonstration, execution-standard illustration, and agency capability showcase purposes. Unless explicitly cited in a formal, written case study, SETS LLC claims no direct ownership of, official sponsorship by, direct corporate agency contract with, or endorsement from any depicted third-party trademark owners. All third-party trademarks and brand assets remain the exclusive property of their respective legal owners. If you are a rights holder and wish to request the modification or removal of a specific conceptual rendering, please direct your request to Info@SetsActivations.com.

You may not submit false, misleading or fraudulent inquiries, or impersonate another person or entity. You may not use the Site's forms to distribute spam, solicitations or malicious content, attempt to gain unauthorized access to the Site, probe or test its security, or interfere with its operation. You may not use automated tools to scrape, harvest or index the Site or its contact information, and you may not use the Site in violation of any applicable law or regulation.

We may suspend or terminate access to the Site, or decline any service request, at our discretion.

By submitting a request, you consent to receive business communications from us by email, phone and — where you have provided a mobile number and given consent — text message. Messaging consent, frequency and opt-out details are described in our Privacy Policy, which is incorporated into these Terms by reference. You can opt out of text messages at any time by replying STOP.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles. The parties will attempt in good faith to resolve any dispute through direct negotiation for thirty (30) days. Any unresolved dispute will be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and each party consents to personal jurisdiction and venue there. Each party waives any right to a jury trial and to participate in a class or representative action.

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of assets. These Terms, together with any applicable Staffing Agreement and our Privacy Policy, constitute the entire agreement between the parties regarding their subject matter.

We may update these Terms from time to time. The revised version takes effect when posted and the “Last Updated” date above will change. Continued use of the Site or ongoing engagement after an update constitutes acceptance.

Questions about these Terms can be directed to SETS LLC by email at Info@SetsActivations.com, by phone or text at (703)-677-0238, or online at setsactivations.com.