Terms of Service

By accessing setsactivations.com (the “Site”), submitting a staffing request, or engaging SETS ACTIVATIONS 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 when the Client accepts a quote and pays anything Section 07 requires to book.

Each engagement is governed by its Staffing Agreement. The “Staffing Agreement” is the quote the Client accepted, the invoice issued for it, and these Terms, together.

If the quote or invoice conflicts with these Terms, the quote or invoice 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.

All shifts have a 3-hour minimum. A shift requested for fewer hours is quoted and billed as 3 hours. All activations have a 2-ambassador minimum, and a Team Lead counts as one of the two. A request for one ambassador is quoted for two.

Breaks are paid and billed as part of the scheduled hours. Time worked past a shift's scheduled end is billed only when we approve it, at the event's hourly rate for the role, in 15-minute increments, rounded up. Unless otherwise agreed in writing, travel, per diem, parking, permits, uniforms, shipping and equipment are billed as pass-through costs, and where the Client requires W-2 personnel, the staffing provider's employment cost is billed at cost.

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. For an alcohol activation, the Client also supplies the product and liquor liability insurance.

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 ACTIVATIONS LLC are independent contractors or, where the Client requires W-2 personnel, employees of an outside staffing provider. 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. Personnel working an alcohol activation are 21 or older and hold any certification the state requires.

A contracted spot that is not filled on the day, including one whose ambassador does not show and is not replaced, is credited at that spot's rate on the booking. The credit comes off the open balance of the booking's invoice, or off the next invoice. If no further booking is made within 30 days of the last shift, the credit is refunded to the original payment method within 14 days after that.

If the scheduled time a spot's ambassador wasn't checked in for adds up to 30 minutes or more, from arriving late, leaving early or stepping away, and nobody covered it, that time is credited at the spot's rate. Less than 30 minutes is billed as booked. A spot gets one credit, never on top of an unfilled-spot credit.

Both credits are applied automatically, in the same way, without any request from the Client. The standby backup fee is never credited. These credits are our sole obligation for an unfilled spot, a no-show or missed time. For an individual staffer's unsatisfactory performance, our sole obligation is, at our election, to credit that staffer's hours for the affected shift.

If the Client directly hires someone we placed with the Client, or engages them through another agency, within 12 months of that person's last shift for us with the Client, the Client owes us a conversion fee of $2,500 for each person hired or engaged.

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 due 7 days before the first shift, or at booking, if that is later.

Engagements of $3,000 USD or Greater. 50% of the engagement total is due to book. The remaining 50% is due within 30 days after the event ends.

Rush Bookings

A booking made less than 72 hours before the first shift adds a rush fee of 25% of the charges for ambassador and Team Lead hours, as its own line on the quote and invoice. The standby backup fee is not marked up.

Service Conditions

For engagements of $3,000 USD or greater, dates are reserved once the 50% booking payment has cleared. For every engagement, talent is deployed only after all payments due before the first shift have cleared.

If a payment due before the first shift isn't received by its due date, we may treat the booking as cancelled by the Client under Section 08. The cancellation is treated as made at the time we notify the Client. If we notify the Client on the date payment was due, the cancellation is free. No personnel are sourced, confirmed or sent until the payments due before the first shift clear.

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 ACTIVATIONS 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 ACTIVATIONS 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 fees reflect talent that has been booked and turned down other work. Cancelling 7 or more days before the first shift is free. Cancelling 3 to 6 days before is 50% of the booking. Under 72 hours it is 100%. Any cancellation fee not already paid is due within 30 days of the cancellation.

Cutting staff is a partial cancellation, charged on the same schedule for the roles cut. Cutting 8 of 10 roles 4 days before the first shift is 50% of what those 8 roles were booked for.

Moving the booking's dates 7 or more days before the first shift is free, once. A second move, or any move inside 7 days, is treated as a cancellation of the booking under the schedule above, and the new dates are a new booking.

Every window or deadline in these Terms that is tied to the first shift is measured from its scheduled start time, in the venue's local time zone. The 3 to 6 day window covers everything from 72 hours up to 7 days before it.

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 ACTIVATIONS LLC carries commercial general liability coverage and furnishes certificates of insurance on request. The general liability limits are $1,000,000 per occurrence and $2,000,000 in the aggregate. 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 ACTIVATIONS 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 ACTIVATIONS 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 our name and trademarks — is owned by SETS ACTIVATIONS 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 ACTIVATIONS 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 ACTIVATIONS LLC by email at Info@SetsActivations.com, by phone or text at (703)-677-0238, or online at setsactivations.com. Our mailing address is 8401 Mayland Dr #11803, Richmond, VA 23294.