Legal

Terms of Service

Effective October 14, 2026 · Version 2026-10-14

1. Introduction and Acceptance

1.1 These Terms of Service (the “Terms”) form a legally binding agreement between you and Fairview Media Group, LLC, a South Carolina limited liability company (“Fairview,” “Company,” “we,” “us” or “our”), governing your access to and use of the website at fairviewmedia.org and its subdomains (the “Website”) and every service we provide, including Sunday Checkups, Livestream Tune-Ups, Volunteer Training Days, Production Assessments, the Weekly Service Review, care plans, Production Partner retainers, and audio, lighting, video, LED, livestream and control-room design and installation (together, the “Services”).

1.2 You accept these Terms by doing any of the following: booking or paying for a Service on the Website; subscribing to a Recurring Service; submitting a form on the Website; accepting a Proposal or signing a Project Agreement; or allowing us to begin work. If you do not agree, you must not book, buy or use the Services.

1.3 Our Privacy Policy and any Project Agreement are incorporated into these Terms by reference (together with these Terms, the “Agreement”). If a signed Project Agreement conflicts with these Terms, the Project Agreement controls for the project it covers, but only where it expressly states that it overrides these Terms. Descriptions of a Service on the Website at the time of booking form part of the Agreement for that booking.

1.4 You agree that you had the opportunity to review the Agreement, that it is written in plain and understandable terms, and that you are not relying on any statement, promise or representation that is not set out in it.

2. Definitions

In the Agreement, capitalized terms have these meanings:

• “Client,” “you” or “your” means the church, ministry or other organization that books, buys or receives the Services, and the individual acting for it.
• “Campus” means a separate physical location, worship venue or service site operated by the Client, whether permanent or portable.
• “Church Size” means the Client’s average total weekly in-person attendance across all Campuses, counting adults and children, over the 12 months before booking.
• “Fixed-Price Service” means a Service sold for a stated price on the Website, including the Sunday Checkup, Livestream Tune-Up, Volunteer Training Day and Production Assessment.
• “Recurring Service” means a Service billed on a recurring basis, including the Weekly Service Review, care plans and Production Partner retainers.
• “Proposal” means a written quote, scope, system design or estimate for a project prepared by Fairview.
• “Project Agreement” means a Proposal, statement of work, order or contract that you accept in writing and that describes a specific project, its scope, price, schedule and payment terms.
• “Change Order” means a written change to the scope, price or schedule of a project agreed by both parties.
• “Equipment” means loudspeakers, consoles, microphones, lighting fixtures, LED panels, cameras, processors, encoders, network devices, cable, rigging, racks and all other goods we supply.
• “Deliverables” means reports, drawings, system designs, rack layouts, cable schedules, console files, show files, presets, training materials and other work product we deliver to you.
• “Fairview Materials” means everything we owned, licensed or developed before or independently of your project, and every general-purpose method, template, checklist, design standard, preset, file, tool, process, know-how and technique we use across clients, including improvements made while working with you.
• “Premises” means every building, room, stage, Campus and site where we perform the Services.
• “Third-Party Services” means services provided by others, including payment processing, streaming platforms, video hosting, software licensing, manufacturers, distributors and carriers.

3. Eligibility and Authority

3.1 The Services are offered to churches, ministries and other organizations for organizational purposes, and are not intended for personal, family or household use. You must be at least 18 years old and able to form a binding contract.

3.2 By booking or accepting the Services, you represent and warrant that you are authorized to bind the Client, including to authorize payments, access to the Premises and work on the Client’s systems, and that the Client will be responsible for everyone it gives access to or who acts on its behalf.

3.3 The Services are offered from, and performed in, the United States.

3.4 Church Size. Prices for many Services depend on Church Size. You represent that the Church Size you select is accurate. If it is not, we may, at our option, charge the difference to the correct size before or after performing the Service, or cancel the booking and refund the amount paid.

4. Fixed-Price Services and Online Booking

4.1 Payment at booking. Fixed-Price Services booked on the Website are paid in full at booking through our payment processor. Your booking is confirmed when payment succeeds. We will contact you, normally within one business day, to agree a date.

4.2 What is included. Each Fixed-Price Service includes what is described for it on the Website for your Church Size at the time you book. Anything not described is excluded. Repairs, parts, Equipment, programming beyond the stated scope, and additional visits are quoted separately and are performed only with your approval.

4.3 Sunday Checkup and Production Assessment. We attend a rehearsal and a live service where available and review the systems in use. If no rehearsal takes place, or if systems are unavailable or not in use during the visit, we will perform the review based on what is available, and the Service is considered delivered. We aim to deliver written reports within five business days of the visit; this is a target, not a guarantee.

4.4 Install credit. If the Client signs a Project Agreement with Fairview for a design or installation project within 90 days after a Sunday Checkup visit, the Checkup fee paid will be credited against that project. The Production Assessment fee is credited in the same way within the period stated in its Proposal, or if none is stated, within 180 days of the visit. A credit applies once, to a single project for the same Client, has no cash value, is not transferable and cannot be combined with another credit for the same visit.

4.5 Price errors. If a price is shown incorrectly because of an obvious error, we may cancel the booking and refund what you paid.

4.6 Availability. We may decline or cancel any booking at our discretion before the Service is performed, in which case we will refund the amount paid in full.

5. Scheduling, Rescheduling and Cancellation

5.1 Scheduling. Dates for on-site Services are agreed with you in writing. Services booked online must be scheduled to take place within 180 days after booking unless we agree otherwise; if you do not respond to our scheduling requests within that period, the booking expires and the fee is forfeited, except as required by law.

5.2 Cancellation by you. For a Fixed-Price Service:

• if you cancel before a date has been agreed, or 14 or more days before the agreed date, we will refund the fee in full;
• if you cancel between 7 and 13 days before the agreed date, you may reschedule once at no charge to a date within 90 days, or receive a refund of 50% of the fee; and
• if you cancel less than 7 days before the agreed date, or if we cannot perform the Service because the Premises, people or systems are not available as agreed, the fee is non-refundable.

5.3 Rescheduling. You may reschedule an agreed date once at no charge with at least 14 days’ written notice. Further changes are at our discretion and may be treated as a cancellation under Section 5.2. Travel costs already incurred because of a change you request are your responsibility.

5.4 Cancellation by us. If we must cancel or move an agreed date, including for illness, weather, travel disruption or another event beyond our reasonable control, we will offer a new date as soon as practicable or, at your option, a full refund of the fee paid for that Service. That is your sole remedy, and we are not responsible for other costs you incur.

5.5 Cancellation of Recurring Services and projects is governed by Sections 7 and 9.

6. Travel

6.1 For Premises within about four hours’ drive of St. Louis, Missouri, the price of a Fixed-Price Service includes our travel. For Premises further away, the Client books and pays directly for flights, lodging and ground transportation for our personnel on dates and itineraries we approve, or reimburses those costs at actual cost, as agreed in writing before travel.

6.2 Travel for projects, Recurring Services and additional visits is charged as stated in the Proposal or Project Agreement. Travel costs are not refundable once incurred, except where we cancel under Section 5.4.

7. Recurring Services and Automatic Renewal

7.1 Weekly Service Review. The Weekly Service Review is one hour per week with our team, held by video call during a fixed weekly slot on Monday or Tuesday between 9:00 a.m. and 5:00 p.m. Central Time, preceded by our review of the recording of your most recent service. It is offered to churches with a Church Size of 300 or more, and the number of churches we serve at one time is limited. Slots are assigned in order of booking and are subject to availability.

7.2 Sessions and recordings. You are responsible for providing us with access to a complete recording of the service to be reviewed by 9:00 a.m. Central Time on the day before your session. If we do not receive it, the session will be held using whatever material is available. You may move a session to another available slot in the same week with at least 24 hours’ notice. Sessions missed without that notice, or not used during the week, are forfeited, do not carry over and are not refunded. If we must cancel a session, we will offer another slot in the same or following week, or credit that week’s fee.

7.3 Care plans. Each care plan includes the services described for it on the Website or in your Project Agreement at the time you subscribe. On-site visits are available for Premises within about four hours’ drive of St. Louis unless otherwise agreed. Repairs, parts, Equipment, projects and work beyond the plan are quoted and approved before they begin. Unused hours, visits and services do not carry over and have no cash value. Response times stated for a plan are targets made with reasonable efforts and are not guarantees.

7.4 Fair use. Recurring Services are intended for ordinary use at the number of Campuses you pay for. If your requests materially exceed ordinary use, we may schedule them over a longer period or quote them separately.

7.5 Cancellation. You may cancel the Weekly Service Review at any time by emailing [email protected]; cancellation takes effect at the end of the current weekly billing period. Care plans and Production Partner retainers require 30 days’ written notice of cancellation, and the plan continues, and is billed, through the end of that notice period. Fees already paid are not refunded for partial periods except as required by law.

7.6 Price changes. We may change the price or contents of a Recurring Service by giving you at least 30 days’ notice by email. The change applies from your first billing period after the notice period ends. If you do not agree, you may cancel before it takes effect.

7.7 Failed payments. If a payment fails, we may retry it and may suspend the Recurring Service, including releasing your Weekly Service Review slot, until payment succeeds.

8. Multi-Site Churches and Campus Add-Ons

8.1 For multi-site churches, Church Size is measured across all Campuses. Each Campus beyond the first is charged at the per-Campus add-on price shown on the Website at booking, and each Campus is reviewed or served to the extent described for that Service. You represent that the number of Campuses you select is accurate, and Section 3.4 applies to any difference.

8.2 Bookings above the number of Campuses offered online, churches of 2,000 or more in weekly attendance, Campus launches and portable Campuses are quoted individually under a Proposal.

9. Proposals, Design and Installation Projects

9.1 Proposals. Proposals are based on the information and site conditions known when they are prepared and are valid for 30 days unless they say otherwise. Because Equipment prices and availability change, we may update a Proposal’s Equipment pricing before acceptance. A Proposal is not binding on either party until it is accepted and confirmed in writing as a Project Agreement.

9.2 Scope. We will perform the work described in the Project Agreement. Anything not expressly included is excluded, including, unless stated, electrical work, structural work, permits, engineering stamps, millwork, painting, patching, acoustic treatment, network infrastructure outside our systems, and removal or disposal of existing equipment.

9.3 Payment schedule. Unless the Project Agreement says otherwise, 50% of the project price is due on acceptance, 40% is due when Equipment is delivered or installation begins, whichever comes first, and the balance is due at substantial completion, which is when the systems are installed and capable of being used for their intended purpose, even if minor items remain. Equipment is not ordered and dates are not reserved until the first payment is received.

9.4 Change Orders. Requests to add to or change the scope, and changes required by concealed or unforeseen site conditions, code requirements, the work of others, or Equipment discontinuation or substitution, will be documented in a Change Order with any change in price and schedule. We are not obliged to perform changed work until a Change Order is agreed. We may substitute Equipment of equal or better function where specified items are unavailable, with notice to you.

9.5 Schedule. Schedules are estimates and depend on Equipment lead times, the work of others, access to the Premises and your timely decisions. Delays caused by you, your contractors, manufacturers, carriers or events beyond our reasonable control extend the schedule accordingly, and additional mobilizations or standby time caused by them may be charged.

9.6 Cancellation of a project. If you cancel a project after acceptance, you will pay for all work performed through the date of cancellation, all Equipment ordered (including Equipment that is custom, special-order or non-returnable), restocking fees and freight charged by suppliers, and costs committed to subcontractors. We will refund any amount paid that exceeds those charges. Equipment you pay for in full under this Section will be delivered to you.

9.7 Acceptance. At substantial completion we will demonstrate the systems. You will notify us in writing of any material failure to conform to the Project Agreement within 10 days; otherwise the work is deemed accepted. Use of the systems for services or events constitutes acceptance of the work in use, subject to the warranty in Section 22.

10. Equipment, Title and Risk of Loss

10.1 Title. Title to Equipment passes to you when we receive payment in full for it. Until then, you grant Fairview a security interest in the Equipment and its proceeds to secure payment, and you authorize us to file any financing statement needed to perfect that interest. We reserve all mechanic’s lien and other rights available to us under law.

10.2 Risk of loss. Risk of loss or damage to Equipment passes to you when it is delivered to the Premises or to a location you designate, whether or not it has been installed. You are responsible for securing Equipment stored at the Premises and for insuring it from delivery.

10.3 Manufacturer warranties. Equipment is covered only by its manufacturer’s warranty, which we pass through to you to the extent permitted. We will assist with warranty claims during our workmanship warranty period. Fairview does not itself warrant Equipment, and Equipment repairs or replacements outside a manufacturer’s warranty are chargeable.

10.4 Software and firmware. Software and firmware included with Equipment, and software subscriptions, are licensed to you by their publishers under their own terms, which you agree to. Subscription and licensing fees are your responsibility unless a Project Agreement says otherwise.

11. Site Conditions, Access and Safety

11.1 You will provide safe, timely and uninterrupted access to the Premises during agreed hours, adequate power, lighting, climate control, parking, secure storage and lift or ladder access where reasonably required, and a person with authority to make decisions while we are on site.

11.2 You represent that the Premises are safe and comply with applicable law. You will tell us in advance about any known hazards, including asbestos, lead, mold, damaged structures and unsafe electrical conditions. We are not responsible for discovering, removing or remediating hazardous materials or pre-existing conditions, and we may stop work without liability until a hazard is resolved. Delays and additional costs arising from such conditions are your responsibility.

11.3 Structural, rigging, electrical and other work that by law requires a licensed trade, engineer or permit will be performed by appropriately licensed contractors or engineers, engaged as stated in the Project Agreement. You are responsible for the suitability of the building structure to support Equipment unless a structural engineer engaged for the project confirms it, and for obtaining building owner, landlord and code official approvals that relate to your Premises.

11.4 We may refuse to perform, or stop, any work we reasonably believe is unsafe or unlawful.

12. Client Responsibilities

12.1 Information and decisions. You will provide accurate information, drawings, schedules and decisions when we ask, and will keep your staff, volunteers, architects and contractors informed. If a project is delayed because we are waiting on you for 30 consecutive days, we may treat it as paused, and amounts for work performed and Equipment ordered become due.

12.2 Licenses for worship content. You are solely responsible for obtaining and maintaining every license required for the music, video, lyrics, images and other content you perform, display, record or stream, including congregational copyright, streaming and performance licenses, and for complying with the rules of the platforms you stream to. We are not responsible for takedowns, muted audio, strikes, suspensions or claims arising from your content.

12.3 Networks and accounts. You are responsible for your internet service, network security policies, streaming platform accounts and passwords. Changes made by you, your volunteers or your providers after our work is complete are your responsibility.

12.4 Operation and maintenance. Systems must be operated by trained people in line with our training and the manufacturers’ instructions. We are not responsible for loss, damage or poor results caused by misuse, settings changed by others, unauthorized modifications, power events, water, pests, neglect or Equipment supplied by others.

12.5 Safeguarding. You are responsible for your safeguarding policies for children and vulnerable people. Our personnel will follow reasonable safeguarding instructions you give us in writing in advance.

13. Reports, Recommendations and Results

13.1 Reports, recommendations, budget ranges and designs reflect our professional judgment based on what we observed and were told at the time. Budget ranges are estimates and are not Proposals or offers. Observations about a single service or recording may not reflect every service.

13.2 Sound, lighting and video quality depend on many factors outside our control, including room acoustics, architecture, operators, performers, platforms and audience devices. We do not guarantee any particular result, including volume levels, intelligibility scores, stream quality, viewer numbers or attendance, unless a specific measurable result is expressly guaranteed in a Project Agreement.

13.3 Our Services do not include architectural, structural or electrical engineering, acoustic engineering certification, legal or code compliance review, or life-safety system design unless a Project Agreement expressly includes them and they are performed by appropriately licensed professionals.

14. Intellectual Property

14.1 Deliverables. Upon our receipt of payment in full for the relevant Service or project, we grant the Client a perpetual, non-exclusive, non-transferable, royalty-free license to use, copy and modify the Deliverables for the operation, maintenance and future development of the Client’s own systems and Premises. Fairview retains ownership of all Deliverables and Fairview Materials. You may share Deliverables with your staff, volunteers and contractors working on your systems, but you may not publish them, sell them, or use them for any other organization’s systems.

14.2 Until payment. Until payment is received in full, any use of Deliverables is under a limited, revocable license that ends if payment is not made.

14.3 Our Website and brand. The Website and its content, design, code, logos and trademarks, including the Fairview name and mark, are owned by Fairview or its licensors and are protected by law. No rights are granted to you except those expressly stated in the Agreement.

14.4 Publicity. We will not name you as a client, or publish photographs, video or details of your Premises or project, without your prior written permission.

14.5 Feedback. If you give us suggestions about the Services, we may use them without restriction or compensation.

15. Recordings, Livestreams and Facility Photographs

15.1 You grant Fairview a limited, non-exclusive, royalty-free license to access, view, listen to and analyze recordings, livestreams and other material you provide or make available to us, solely to perform the Services. We will not publish or redistribute your recordings.

15.2 During the Services we may take photographs, measurements, notes and screen captures of the Premises, Equipment, settings and racks to document our work. We use them only to perform and support the Services and keep them as described in our Privacy Policy.

15.3 You are responsible for providing any notices to, and obtaining any consents from, your congregation, staff, volunteers and guests that are needed for services to be recorded, streamed and shared with us.

16. Confidentiality and System Credentials

16.1 “Confidential Information” means non-public information that one party discloses to the other in connection with the Services and that is marked as confidential or that a reasonable person would understand to be confidential, including floor plans, security arrangements, access codes, network details, system credentials, pricing and Proposals. It does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew or independently developed, or that it received lawfully from a third party without a duty of confidentiality.

16.2 Each party will use the other’s Confidential Information only to perform or receive the Services, will protect it with at least reasonable care, and will disclose it only to its personnel, contractors and service providers who need it for that purpose and are bound by confidentiality obligations at least as protective as these. A party may disclose Confidential Information when required by law, after giving the other party prompt notice where lawful.

16.3 Our Proposals, designs, pricing and Fairview Materials are our Confidential Information. You may share them with your leadership, board and advisers, but not with other integrators or vendors for the purpose of obtaining competing bids based on our designs.

16.4 Where you give us passwords or remote access to your systems, we will use them only for the Services. You are responsible for changing them when the Services end. These obligations continue for three years after the Services end, and for credentials and security information, for as long as they remain confidential.

17. Insurance, Personnel and Licensed Trades

17.1 Fairview is fully insured and will provide a certificate of insurance on request. Requests to be named as an additional insured, or for specific coverages or limits, must be made before work begins and may affect the price.

17.2 We may perform the Services through our employees and through qualified independent engineers, technicians and licensed contractors we select. We remain responsible for their performance under the Agreement. The specific people assigned to a Service may change.

17.3 Fairview and the Client are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship.

17.4 During the Services and for 12 months after they end, you will not, directly or through others, hire or engage any Fairview employee or contractor who performed the Services for you, except with our written consent. If you do, you will pay Fairview, as a reasonable estimate of our loss and not as a penalty, a placement fee equal to 30% of that person’s first-year compensation. This does not restrict hiring through general advertisements not aimed at our personnel.

18. Use of This Website

18.1 You may use the Website only for lawful purposes and in line with these Terms. You must not: (a) violate any law or the rights of others; (b) submit false, misleading or fraudulent information or bookings, or book on behalf of an organization without authority; (c) upload or transmit malware or any code designed to disrupt, damage or gain unauthorized access to systems or data; (d) probe, scan or test the vulnerability of the Website, or bypass any security or rate-limiting measure; (e) scrape, crawl or harvest data from the Website by automated means, other than through search engine indexing of public pages; (f) copy our prices, content or designs to build a competing offering; or (g) interfere with or place an unreasonable load on the Website or our providers’ infrastructure.

18.2 The Website is provided for general information. Prices, descriptions and availability may change at any time without notice, but changes do not affect bookings already paid for. We do not guarantee that the Website will be available, accurate, complete or free of errors.

18.3 Links to third-party sites and services are provided for convenience. We are not responsible for them, and their own terms apply.

19. Electronic Communications and Signatures

19.1 You consent to receive communications from us electronically, and agree that all agreements, notices, invoices, receipts and disclosures we provide by email or through the Website satisfy any legal requirement that they be in writing.

19.2 You agree that electronic acceptance, including completing a checkout, clicking a button, signing electronically, or replying by email to accept a Proposal that says acceptance may be given that way, is a valid signature binding on the Client.

19.3 We will send you service messages about bookings, scheduling, projects and billing; you cannot opt out of these while you use the Services. You may opt out of other business messages at any time by replying or using the unsubscribe link, as described in our Privacy Policy.

20. Fees, Invoices and Payment

20.1 Prices. Prices are in U.S. dollars. The price charged for a booking is the price shown at checkout for the selected Service, Church Size and number of Campuses.

20.2 Taxes. Prices do not include taxes. You are responsible for all sales, use and similar taxes on the Services and Equipment, other than taxes on our income, unless you give us a valid exemption certificate before invoicing. If you claim an exemption, you are responsible for its validity.

20.3 Invoices and late payment. Invoices are due on receipt unless they state another date. Amounts not paid when due accrue interest at the lesser of 1.5% per month or the highest rate permitted by law, from the due date until paid. You will reimburse our reasonable costs of collecting overdue amounts, including attorneys’ fees. If any amount is more than 10 days overdue, we may, after notice, stop work, withhold Deliverables and Equipment, and suspend Recurring Services until it is paid in full, and the schedule will be extended accordingly.

20.4 Payment disputes. If you believe a charge is incorrect, you agree to contact us at [email protected] within 30 days of the charge and to give us a reasonable opportunity to resolve it before disputing it with your bank or card issuer. Unfounded chargebacks are a breach of the Agreement, and we may recover related fees and suspend the Services while a dispute is pending.

20.5 Payment processing. Card payments are processed by our payment processor, Stripe, under its own terms. We do not receive or store your full card details.

21. Term, Suspension and Termination

21.1 The Agreement begins when you first accept it and continues until all Services, Recurring Services and projects have ended and all amounts owed have been paid.

21.2 Either party may terminate a Project Agreement or Recurring Service on written notice if the other party materially breaches the Agreement and fails to cure the breach within 15 days after notice, or immediately if the breach cannot be cured.

21.3 We may suspend or terminate any Service immediately if you breach Section 18, if the Premises are unsafe, if our personnel are subjected to harassment or abuse, if required by law, or as provided in Section 20.3.

21.4 Effect of termination. On termination, all amounts owed for work performed, Equipment ordered and expenses incurred through the termination date become immediately due, and licenses to Deliverables not paid for in full end. Sections 2, 9.6, 10, 12.2, 13, 14, 16, 17.4, 20 through 25 and 27 survive termination, along with any provision that by its nature should survive.

22. Limited Warranties and Disclaimers

22.1 Services. We warrant that we will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. If a Service does not conform to this warranty and you notify us in writing within 30 days after it is performed, we will re-perform the non-conforming part at no charge, or if we cannot reasonably do so, refund the fees paid for it.

22.2 Installation workmanship. Unless the Project Agreement states a different period, we warrant our installation workmanship against defects for one year from substantial completion. If you notify us in writing of a defect in our workmanship during that period, we will correct it at no charge. This warranty does not cover Equipment (which is covered only as stated in Section 10.3), or problems caused by the matters listed in Section 12.4, by the work of others, or by changes made by anyone other than Fairview.

22.3 Exclusive remedies. Re-performance, correction or refund under this Section is your sole and exclusive remedy for breach of warranty.

22.4 Disclaimer. Except for the limited warranties in this Section 22, the Services, Deliverables, Equipment and Website are provided “as is” and “as available,” without warranties of any kind, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that systems will be uninterrupted or error-free. No statement by any person, whether oral or written, creates a warranty not stated in the Agreement.

23. Limitation of Liability and Indemnification

23.1 To the fullest extent permitted by law, in no event will Fairview Media Group, LLC, its affiliates, or their members, managers, officers, employees, contractors, agents or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, donations, attendance, data, recordings, goodwill or use, missed or interrupted services or events, or the cost of substitute services or equipment, arising out of or relating to the Agreement or the Services, whether based on contract, tort (including negligence), strict liability, statute or any other legal theory, even if advised of the possibility of such damages.

23.2 To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Agreement or the Services will not exceed the amounts you paid to Fairview for the specific Service or project giving rise to the claim in the 12 months before the event giving rise to the claim. These limits apply even if a remedy fails of its essential purpose, and do not limit liability for bodily injury or property damage to the extent caused by our negligence, or any liability that cannot be limited by law.

23.3 Basis of the bargain. The warranty disclaimers and limitations of liability in Sections 22 and 23 are an essential part of the Agreement, reflect a reasonable allocation of risk, and are reflected in our prices. Fairview would not provide the Services without them.

23.4 Indemnification. To the fullest extent permitted by law, you will defend, indemnify and hold harmless Fairview Media Group, LLC, its affiliates and their members, managers, officers, employees, contractors and agents from and against all claims, losses, liabilities, damages, fines, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) content you perform, display, record or stream, including claims of copyright or licensing infringement; (b) the condition of the Premises, including hazardous materials and pre-existing conditions; (c) the acts or omissions of your staff, volunteers, contractors and guests; (d) your breach of the Agreement; and (e) your violation of any law or third-party right. We may assume the exclusive defense of any matter for which you must indemnify us, in which case you will cooperate fully, and you may not settle any such matter without our prior written consent.

24. Dispute Resolution; Binding Arbitration; Class Action Waiver

24.1 Informal resolution. Before starting arbitration or any other proceeding, you and Fairview agree to try to resolve any dispute informally. The party raising the dispute must send a written notice to the other (to us at [email protected] with the subject “Legal Notice”; to you at the email address we have on file) describing the dispute, the relief sought, and the sender’s name, organization, email and telephone number. Within 60 days after the notice is received, either party may request a settlement conference by telephone or video, which you and an authorized representative of Fairview will attend personally. If the dispute is not resolved within those 60 days, either party may begin arbitration. Completing this process is a condition of starting arbitration, and any limitation period is suspended while it is under way.

24.2 Agreement to arbitrate. Except as provided in Section 24.3, you and Fairview agree that any dispute, claim or controversy arising out of or relating to the Agreement, the Services, any booking, Proposal, Project Agreement, Recurring Service, Equipment or our relationship (including the validity, scope or enforceability of this arbitration agreement, which the arbitrator will decide, except as stated in Sections 24.7 and 24.9) will be resolved exclusively by final and binding individual arbitration. This includes claims against Fairview’s affiliates, members, managers, officers, employees and agents, who are intended third-party beneficiaries of this Section. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following.

24.3 Exceptions. Either party may (a) bring an individual claim in a small claims court of competent jurisdiction, so long as it remains there; (b) bring a claim in court to collect undisputed amounts owed or to enforce lien or security interest rights; and (c) seek injunctive or other equitable relief in court to stop actual or threatened misuse of intellectual property or Confidential Information. Claims that by law cannot be required to be arbitrated are not covered.

24.4 Rules and administration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including, where applicable, its Construction Industry Arbitration Rules for disputes about an installation project), as modified by this Section. A single arbitrator will decide the dispute. Unless the parties agree otherwise, any hearing will be held by video conference or in St. Louis County, Missouri, and claims of $25,000 or less may be decided on written submissions. Payment of filing, administration and arbitrator fees will be governed by the AAA rules.

24.5 Arbitrator’s authority. The arbitrator may award the same individual relief a court could award, including attorneys’ fees where allowed by law or the Agreement, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

24.6 Class action and jury trial waiver. You and Fairview each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one party’s claims or preside over any form of class or representative proceeding. You and Fairview each waive the right to a trial by jury.

24.7 Mass filings. If 25 or more demands for arbitration raising substantially similar claims are brought by or with the help of the same or coordinated counsel, the demands will be administered in batches of no more than 25, with one batch proceeding at a time, after a small number of bellwether cases and a good-faith global mediation. Any statute of limitations is tolled for claims awaiting their batch. A court may enforce this Section.

24.8 Right to opt out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your full name, organization and email address. Opting out does not affect any other part of the Agreement, and disputes will then be resolved as described in Section 25.

24.9 Severability. If the class action waiver in Section 24.6 is found unenforceable for a particular claim, that claim (and only that claim) will be severed and decided by a court under Section 25 after all individual arbitrable claims are resolved. If any other part of this Section 24 is found unenforceable, the rest of it remains in effect.

24.10 Time limit. To the extent permitted by law, any claim against Fairview must be brought within one year after the claim arises, or for a latent defect, within one year after it is discovered; otherwise it is permanently barred.

24.11 Survival. This Section 24 survives the termination of the Agreement.

25. Governing Law and Venue

The Agreement is governed by the laws of the State of Missouri and applicable federal law of the United States, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 24. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in St. Louis County, Missouri, and you and Fairview consent to the personal jurisdiction of those courts and waive any objection to venue there. In any action to enforce the Agreement or to collect amounts owed, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

26. Changes to These Terms

We may modify these Terms from time to time by posting the updated version on the Website with a new effective date. If a change is material, we will notify active Clients by email at least 30 days before it takes effect, except where a change is required sooner by law. Changes do not apply retroactively: a booking is governed by the Terms in effect when it was made, and a signed Project Agreement is not changed by later versions of these Terms unless both parties agree. Continuing a Recurring Service after a change takes effect constitutes acceptance.

27. General Provisions

Entire agreement. The Agreement is the entire agreement between you and Fairview about its subject matter and supersedes all prior proposals, agreements and understandings, written or oral. Terms in your purchase orders, vendor forms or other documents do not apply, even if we accept or sign them.

Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign it to an affiliate or to a successor in a merger, acquisition, reorganization or sale of all or part of our business or assets.

Force majeure. Neither party is liable for a delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including severe weather, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or internet failures, cyberattacks, manufacturer shortages and carrier delays.

Notices. We may give notices to you by email to the address we have on file. You must give legal notices to us by email to [email protected] with the subject “Legal Notice.” Notices are effective when sent, unless the sender receives notice of non-delivery.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full effect.

No waiver. A failure or delay in enforcing any provision is not a waiver of it.

No third-party beneficiaries. Except as stated in Sections 23 and 24, the Agreement does not give any rights to anyone other than you and Fairview.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The Agreement will not be construed against either party because that party drafted it.

28. Contact

Fairview Media Group, LLC
St. Louis, Missouri

Bookings, billing, legal notices and privacy requests: [email protected]