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Customer is required to sign and return one copy of this Agreement along with the Deposit. Red Eye Productions will not have any obligations under this Agreement until both an executed copy of this Agreement and the Deposit are received on or before TODAY'S DATE. The Balance must be paid at least APON ARRIVAL BEFORE SET-UP ON the days prior to the Event Date if paid by check or card. Only payments in cash will be accepted after that time and through the Event End Time. Any amounts still outstanding following the Event End Time will incur a late charge of $25.00 per day (“Late Charges”) until the Balance and all Late Charges are paid in full. DEPOSITS ARE NON-REFUNDABLE. However, if the Event is canceled due to inclement weather or any of the circumstances listed under “FORCE MAJEURE” below, Customer may apply the Deposit toward a rescheduled date or a different event to take place within twelve (12) months following the Event Date. Customer is responsible to ensure that the following are available to Red Eye Productions at the Venue: A responsible contact person. Electricity supply. Parking for entertainers’ vehicles. Space for equipment setup. Food and beverages for entertainers. DEFINED TERMS: Except as may be defined below, all capitalized terms used in these Service Agreement Terms & Conditions shall relate to and/or have the meaning provided in the Service Agreement. OVERTIME: If Overtime services are requested, payment for such services must be made in cash in advance of the commencement of such services. MUSIC REQUESTS: If Customer will be requesting specific music for the Event, all requests for music must be submitted to Red Eye Productions not later than two (2) weeks prior to the Event Date or the availability of such music cannot be guaranteed. ENTERTAINER REQUESTS: Red Eye Productions will use reasonable efforts to ensure the attendance of any specific entertainer(s) selected by Customer; provided, however, that Red Eye Productions reserves the right to substitute any entertainer(s) in cases of emergency, illness, or other extenuating circumstances. Entertainers must be fed at the Event. SAFETY: Red Eye Productions reserves the right to stop performance if unsafe conditions occur or are reasonably anticipated to occur at the Venue. Customer is solely responsible for any and all guests, contractors, Venue staff, and all other persons attending or associated with Customer’s Event, and agrees to maintain conditions that will not inhibit or interfere with the Entertainer(s) or cause or loss, injury, or damage to the Entertainer(s) or their property/equipment. LIMITED WARRANTY AND LIMITATION OF LIABILITY: Red Eye Productions warrants that it shall perform the Contracted Services in a timely and professional manner in accordance with generally recognized industry standards for similar services. Red Eye Production’s sole and exclusive liability and Customer's sole and exclusive remedy for breach of this warranty or any other provision of this Agreement shall be limited to any fees paid by Customer under this Agreement. In no event shall Red Eye Productions be liable to Customer or to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special, or punitive damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Red Eye Productions has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Customer is further advised that Red Eye Productions disclaims any and all liability, loss or damage arising out of or related to the use of equipment provided in connection with the Contracted Services, including but not limited to: Audio/visual equipment, including wiring, conduits and connections; Lighting: includes the risk of seizures; Fog machines: includes reduced visibility; fluids provided are non-toxic; Photobooths: includes the risks of seizures due to flashing lights and of falling if handled improperly; Popcorn machines: includes the risk of burns; Sno-cone machines: includes the risk of injury due to moving parts; Bounce houses: must be properly staked and secured to the ground. If this Agreement includes the drop off of any of the foregoing equipment or any other equipment into the custody or control of Customer or the Venue, Customer agrees that Customer shall be solely responsible for the operation of such equipment in accordance with any instructions or warnings provided with or on such equipment. RED EYE PRODUCTIONS MAKES NO WARRANTY EXCEPT FOR THAT PROVIDED IN THIS PARAGRAPH. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. FORCE MAJEURE. The performance of this Agreement is subject to any circumstances making it illegal or impossible to provide the Contracted Services, including acts of God, war, government regulations, disaster, strikes, civil disorder, failure of utility service, or curtailment of transportation facilities. Red Eye Productions may terminate this Agreement for any one of the foregoing reasons by written notice to Client. In the event of such a termination, Customer will receive a refund of all payments made under this Agreement, less any Deposit. ENTIRE AGREEMENT; CHANGES & AMENDMENTS: This Agreement constitutes the entire agreement between the parties and supersedes any previous communications, discussions, representations, or agreements, whether written or oral. No changes will be binding on Red Eye Productions unless and until they are agreed to in writing and signed by authorized representatives of both Customer and Red Eye Productions. EMAILS, TEXT MESSAGES, AND OTHER MEANS OF COMMUNICATION NOT SPECIFICALLY AUTHORIZED ABOVE WILL NOT BE BINDING ON RED EYE PRODUCTIONS. NO WAIVER: No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. GOVERNING LAW AND VENUE; ATTORNEY’S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflicts of laws principles. The parties consent to the personal and exclusive jurisdiction of the federal, state, and local courts having jurisdiction in or over Dutchess County, New York. If any party hereto institutes any legal suit, action, or proceeding (including mediation or arbitration) against the other party arising out of or relating to this Agreement, Red Eye Productions shall be entitled to receive, if it is the prevailing party, and Customer shall pay, in addition to all other remedies to which Red Eye Productions may be entitled, the costs and expenses incurred by Red Eye Productions in conducting or defending the suit, action, or proceeding, including actual attorney’s fees and expenses, as well as court costs and disbursements, even if not otherwise recoverable by law. SUCCESSORS AND ASSIGNS: Customer may not assign this Agreement without prior written consent from Red Eye Productions. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns. NO THIRD-PARTY BENEFICIARIES: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. HEADINGS: The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. SEVERABILITY: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.