Definition. “Client” means the person or organization to whom Red Cap Timing provides a quote, proposal, invoice, or to whom Red Cap Timing sells or delivers goods or services.
Standard of Care. Red Cap Timing shall perform services to conform to generally accepted professional standards. Red Cap Timing shall be responsible for the quality and adequacy, timely completion and coordination of all reports and deliverables prepared under this Agreement. Red Cap Timing shall, without additional compensation, correct or revise any errors or omissions in work. No other representation, expressed or implied, and no warranty or guarantee are included or intended in the agreement or in any report, opinion, deliverable, work product or otherwise.
Athlete Substitution. For track and field, limited substitution during the meet is acceptable if (1) the athlete uses the competitor number of an entered athlete, (2) the clerk notifies the timers of the substitutions made before the event is run or, if agreed before the meet begins, competitor numbers for all athletes are reported in writing after the event (in this case for every event, competitor numbers must be recorded for all lanes in laned events and competitor numbers in finish order for events >400m), or (3) minor changes are reported less than 24 hours before the meet starts.
Meet Day Registration. For track and field, meet day registration is discouraged. A fee may be imposed by Red Cap Timing if meet day registrations are excessive.
Client to Provide. Depending on the event, the Client will provide staffing including, but not limited to, clerking, finish line, timing chip collection, race starting, field event judging, race expediting, field event data entry, running event data entry, and course monitors. The client is responsible for the collection and return of all reusable shoe tags. The client shall reimburse Red Cap Timing for any reusable shoe tags not returned.
Depending on event, the Client will provide electricity at the finish line, in press box, and any other location necessary.
Termination. Upon termination, all further obligations shall cease except as follows: If any bib numbers, pins, security ties, disposable timing tags, or any other materials or expenses have been purchased or incurred by Red Cap Timing for the event before termination, the cost of these materials or expenses shall be reimbursed to Red Cap Timing by the Client.
Reservation of Services. To reserve the Meet/Race Date and to reserve Red Cap Timing, Client may be asked to pay to Red Cap Timing, upon execution of this Agreement, a non-refundable reservation fee in the amount of up to 50% of the quoted fee. Client understands and agrees that Red Cap Timing will not book other Meets/Races during this time. In the event that Client cancels the Meet/Race, for any reason, Red Cap Timing shall suffer a lost opportunity and other losses difficult to ascertain. As such, Client agrees that, in the event of cancelation by Client, any deposit shall be forfeited by Client and paid to Red Cap Timing as liquidated damages and not as a penalty. Client and Red Cap Timing agree that such amount is reasonable.
Changes. Changes can be made by notice in writing as to the nature or extent of work required by the Agreement. If any such change materially affects the cost of the work, Red Cap Timing shall promptly notify the Client thereof, and an adjustment shall be negotiated. These terms and conditions may be changed from time-to-time without notice.
Relationship. The Client acknowledges and agrees that the services performed by Red Cap Timing or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise.
Notices. Any notice which may be given by Red Cap Timing or the Client under the Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail.
Miscellaneous. The failure of either Red Cap Timing or the Client to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
The Agreement may not be amended for any reason without the prior written agreement of Red Cap Timing and the Client.
The Agreement constitutes the entire understanding between Red Cap Timing and Client.
Neither Red Cap Timing nor Client shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
Fees and Invoicing. Fees shall be due within 21 days of receiving the invoice.
As necessary, Red Cap Timing will charge for reasonable supplementary expenses such as hotel, travel and subsistence costs. A handling charge may be applied to expenses.
The Client will reimburse Red Cap Timing for any loaned equipment not returned including, but not limited to, reusable timing chips, computers, temporarily installed wiring, wind gauges, starting devices, clocks, photo finish cameras, etc.
Any quote or proposal for services or goods made by Red Cap Timing will remain valid for thirty (30) days.
Radio Signals. Some of the equipment used by Red Cap Timing emits RF, or radio frequency (radio signals). There is no magnetic field produced by our timing systems. The radio signal emitted by our mat timing system is similar to a cellular phone in strength and type. If any runner has or wears a device that is affected by RF, the runner should check with the manufacturer of their device to make sure it is not sensitive to RF signals. If a runner is concerned about RF and the effect on their device, the runner should keep their device several feet away from our timing system or not be timed with our systems. Clients shall inform athletes of our use of equipment that emits RF.