Forty Two Inc – Severe Weather & Lightning Safety Policy
SEVERE WEATHER & LIGHTNING SAFETY POLICY
Effective Date: January 1, 2026
Applies To: All outdoor and partially exposed events, productions, rentals, and installations involving equipment, labor, or services provided by Forty Two Inc. (“Provider”).
1. Purpose & Scope
This Severe Weather & Lightning Safety Policy (“Policy”) establishes mandatory safety standards and operational authority for events and productions exposed to outdoor or environmental conditions.
This Policy exists to protect human life, equipment, property, and infrastructure, and shall apply to all Clients, venues, contractors, performers, staff, and third parties participating in or present at an event utilizing Provider’s services.
This Policy is incorporated by reference into all Service Orders, Rental Agreements, Statements of Work, and related contracts.
2. Safety Authority & Decision-Making
Provider retains sole and absolute authority to determine when weather or environmental conditions present an unsafe or potentially unsafe condition.
Provider may, at its sole discretion and without prior notice:
Delay or suspend load-in, rehearsals, sound checks, or performances
Power down or disconnect systems
Reduce system deployment or functionality
Modify operational plans
Evacuate personnel or require shelter-in-place
Terminate operations for the remainder of the event
All such determinations are final and shall not constitute breach of contract.
No client representative, artist, promoter, or venue authority may override a safety determination made by Provider.
3. Weather & Environmental Triggers
The following conditions, whether actual or reasonably anticipated, may trigger safety actions:
3.1 Lightning
Lightning detected within an 8–10 mile radius of the event site
Visible lightning or thunder regardless of radar data
3.2 Wind
Sustained winds or gusts exceeding 30 mph, or lower thresholds based on manufacturer specifications, engineering limitations, or site-specific risk factors
3.3 Precipitation & Ground Conditions
Heavy or sustained rain causing electrical risk or unsafe footing
Flooding or pooling water near electrical systems
Saturated or unstable ground conditions affecting staging or rigging
3.4 Severe Weather Alerts
National Weather Service advisories, watches, or warnings including:
Severe Thunderstorm Warnings
Tornado Watches or Warnings
High Wind Advisories
Extreme Heat or Cold Warnings
3.5 Structural or Environmental Hazards
Structural movement or instability of staging, roofing, truss, towers, or temporary structures
Inadequate anchoring, ballast, or load ratings
Unsafe access routes or egress paths
4. Lightning Safety Protocol
When lightning is detected within the defined safety radius:
All elevated work, rigging, and live operations shall immediately cease.
Power to exposed systems may be shut down at Provider’s discretion.
Personnel shall evacuate elevated or exposed areas and seek approved shelter.
No work shall resume until a minimum of 30 minutes has elapsed since the last observed lightning strike within the safety radius.
The safety clock resets with each subsequent lightning strike.
5. Suspension, Delay, and Termination of Services
Provider may suspend, delay, or terminate services when safety thresholds are exceeded.
Such actions shall be deemed safety-mandated, not elective, and shall not constitute breach, cancellation, or failure to perform.
Provider is not obligated to resume services once suspended if conditions remain unsafe or if resumption would create unreasonable risk.
6. Financial Responsibility & Payment Obligations
Weather-related impacts do not relieve Client of financial responsibility.
Client remains responsible for:
All scheduled and performed labor
Standby time resulting from weather holds
Equipment rental for the full contracted period
Additional labor or equipment required for weather mitigation
Costs incurred due to extended days, remobilization, or protective measures
No refunds shall be issued for weather-related delays, suspensions, or cancellations.
7. Equipment Protection & Risk Allocation
All equipment remains at the risk of Client from load-in through load-out.
Provider may take any reasonable action to protect equipment, including powering down systems, striking equipment, or relocating assets.
Client assumes all risk of loss or damage resulting from weather exposure, except where damage is caused solely by Provider’s gross negligence or willful misconduct.
8. No Guarantee of Performance
Outdoor and weather-exposed events inherently involve uncontrollable risk.
Provider does not guarantee uninterrupted performance, show completion, or adherence to schedules affected by weather or environmental conditions.
9. Client Cooperation & Communication
Client agrees to cooperate fully with Provider’s safety directives and to communicate such directives to artists, staff, vendors, and attendees as required.
Failure to comply with safety instructions may result in immediate suspension of services without liability to Provider.
10. No Waiver or Assumption of Duty
Nothing in this Policy shall be construed as Provider assuming responsibility for overall event safety, crowd management, or emergency response beyond its scope of services.
Provider’s actions are limited to protecting its personnel, equipment, and contracted operations.
11. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-law principles.
12. Intellectual Property
All designs, drawings, layouts, technical documents, workflows, and system configurations remain the exclusive intellectual property of Provider unless otherwise agreed in writing.
13. Acceptance
Execution of a Service Order, issuance of a purchase order, or acceptance of services constitutes full acceptance of these Terms.