Section I. Acceptance
1. ACCEPTANCE. This Document will be valid for a period of (Seven) 7 days. Offer is subject to change or invalidate itself if accepted outside of the “Acceptance Period”. In the event this proposal is not accepted, signed, and returned to Eagle Production Co. within the Acceptance Period, it will be void. All prices are subject to change without notice following the Acceptance Period. Be aware that specialty gear & sub-rentals are subject to market-value fluctuations.
Section II. Quote/Estimate
2. QUOTE/ESTIMATE. This Document was developed based upon information provided by the undersigned customer (“Customer”). This proposal is only an estimate of equipment and services to be provided in connection with the applicable event (“Event”). In the case where the actual amount of equipment, services and labor provided in connection with the Event is greater than the amount specified in this proposal, Customer shall be charged for such additional equipment, services and/or labor (including rental fees and freight) at prevailing standard rates. Unless otherwise itemized on the quote, all pricing excludes sales tax, shipping, and electrical charges (if applicable to the Event) which will be charged and due upon final invoice. All events include a four-hour standard show time. Sales tax exempt entities must submit sales tax exemption certificates. In the event tax exemption certificates are not received prior to the billing of the Event, sales tax will be due and payable at the time of final invoice.
Section III. Labor Rates
3. LABOR RATES. Hourly labor rates, minimum calls, overtime labor rates, daily labor rates and per diems apply and are based upon prevailing rates and practices of Eagle Production Co. or the business division providing the labor. Labor estimates were developed based on information provided by the Customer. All Labor calls are subject to a minimum charge period based on Eagle Production Co. rates, servicing division policies, and or Union rules, as they may apply. In the event that the employee works more than the standard 4hours per gig rate, the Customer will be billed the appropriate prevailing or premium rate for the additional hours worked which may be subject to change based on labor provisions. Please note, as the entire country struggles with Labor Shortages, any scheduled labor shift that gets delayed by 2+ hours, that shift may be terminated with the requirement of compensation still upheld. Other client responsibilities for labor may include hotels, per diem, and other travel reimbursement that are required based on local labor standards.
Per Diem for Meals are estimated at $25.00 per person, per meal
Section IV. Administrative Fee
4. ADMINISTRATIVE FEES. If applicable, fees are billed in association with all Events and cover general, administrative and overhead expenses incurred in connection with the equipment and services provided by Eagle Production Co. and its operations. These fees are estimated at 10% of the Event Total & are not gratuities and are not received by Eagle Production Co. employees. Content (PowerPoints,Videos, etc.) MUST be submitted 7 days prior to the event. Last minute accommodations are given their best effort but not guaranteed.
Section V. Equipment Rates
5. EQUIPMENT RATES. Unless otherwise noted, all rates are based upon per-room, per-day calculations with the minimum rental period being one calendar day. A day rental period consists of all or any portion of each 24-hour period starting at 12:00am and continuing through 11:59pm. Rate structure is as follows, one event day = one day rate, two event days = 2 x the 1 day rate, 3 event days = 2 x the 1 day rate, one event week = 3 day rate. Customer agrees to pay the rental fees described in this proposal for the stipulated period. Any equipment that is used and/or retained by Customer for a longer period shall be subject to Eagle Production Co.’s prevailing rates until the equipment is returned. These rates do not include rain-date guarantees or equipment extensions.
Section VI. Equipment Handling
6. EQUIPMENT HANDLING. All equipment must be handled by Eagle Production Co. personnel only. Equipment may not be moved, stored, or serviced by Customer or any other party. The equipment is to stay on-site at specified location and should not be moved or otherwise leave the premise unless authorized by the on-site project manager. Customer may not operate the equipment unless authorized by Eagle Production Co. Customer will incur additional charges if equipment is moved or relocated by Customer or any other party. Customer agrees that Eagle Production Co. shall be permitted free access to the equipment at any time before, during and/or after the Event for purposes of set/strike, maintenance and routine checks. Eagle Production Co. retains all title and rights in and to the equipment and all related accessories. Individual employees should not be approached with cost specific questions.
Section VII. Damage & Security
7. DAMAGE & SECURITY. Customers shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by Eagle Production Co.’s negligence. In addition to amounts due to Eagle Production Co. in connection with this proposal, Customer agrees to pay Eagle Production Co. upon demand for all amounts incurred by Eagle Production Co. on account of lost, damaged and stolen equipment, based upon repair costs for reparable equipment or full replacement cost for lost or irreparable equipment. In addition, customers shall be responsible for rental fees while equipment is being repaired and/or replaced, as the case may be. If security is required by Customer or deemed necessary by Eagle Production Co. to protect the equipment during the Event, Customer shall be responsible for all costs in connection with the provision of security. Additionally, weather permitted events are the responsibility of the Customer and any equipment damaged due to weather conditions.
Section VIII. Equipment Failure
8. EQUIPMENT FAILURE. Eagle Production Co. maintains and services its equipment in accordance with the manufacturer’s specifications and industry practice. Eagle Production Co. does not, however, warrant or guarantee that the equipment or services being provided will be free of defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during the Event for any reason whatsoever, Customer agrees to immediately notify an Eagle Production Co. representative. Eagle Production Co. will attempt to remedy the problem as soon as possible so that the Event is not interrupted. Customer agrees and acknowledges that Eagle Production Co. assumes no responsibility or liability for any loss, cost, damage or injury to persons or property in connection with the Event as a result of inoperable equipment or otherwise. Additionally, IP65 rated fixtures still may contain safety features that terminate power due to weather.
Section IX. Payment
9. PAYMENT. A 50 % deposit is due at the time of signing the contract. If a deposit is received and there is no signature on the contract, it is considered as though the contract was signed. The remaining 50% is due 2 business days prior to ship date of the job once all is set up, prior to the start job, unless the customer received permission in writing otherwise.
Section X. Event Cancellation
10. EVENT CANCELLATION. First, cancellations are only accepted in writing with a signature. If Customer cancels the Event or the provision of audiovisual equipment and services by Eagle Production Co. more than 30 days prior to the first day of the Event, no cancellation charges shall apply except for any expenses actually incurred by Eagle Production Co. This includes the initial 50% deposit as deposits are non refundable. Customer is still responsible for labor compensation reimbursement . Customer agrees and acknowledges that the cancellation charges described in this paragraph are reasonable and appropriate under the circumstances. Eagle Production Company practices fair and reasonable business strategies including being served on a first come, first serve basis. Fees to cover any incurred costs, shall be due immediately upon any such cancellation by Customer.
ALL CANCELLATION NOTICES MUST BE IN WRITING AND RECEIVED BY Eagle Production Co.’s ON-SITE REPRESENTATIVES BEFORE BECOMING EFFECTIVE. IF APPLICABLE – IF ANY CUSTOM SETS, GOBOS OR OTHER CUSTOM MATERIALS ARE REQUIRED FOR AN EVENT, AN ADDITIONAL CANCELLATION FEE WILL BE APPLICABLE AND DUE TO Eagle Production Co. REGARDLESS OF THE DATE OF CANCELLATION IN AN AMOUNT EQUAL TO THE DIRECT AND INDIRECT COSTS INCURRED BY Eagle Production Co. OR ITS AFFILIATES IN SECURING AND/OR CONSTRUCTING SUCH CUSTOM MATERIALS PLUS A 15% RESTOCKING FEE
Section XI. Changes to Customer Quote
11. CHANGES TO CUSTOMER PROPOSAL. Customer may make changes to equipment or services specified in the quote and the above cancellation charges shall not apply if Customer requests changes to equipment or services within 24 hours of the Event so long as the overall charges in the revised proposal are within 10% of the original agreed proposal and within availability.
Section XIII. INDEMNIFICATION
12. INDEMNIFICATION. Customer and Eagle Production Co. each hereby forever agree to indemnify, defend and hold harmless the other for any and all claims, losses, costs (including reasonable attorney fees and costs), damages and/or injury to property and persons (including death) as a result of the negligent acts, errors or omissions of each party and their respective employees, agents, representatives and contractors. Customer also agrees to indemnify, defend and hold harmless Eagle Production Co. against all claims for copyright, patent or other intellectual property infringement including claims for licenses and royalties, as a result of Eagle Production Co.’s use of any and all, without limitation, Customer provided materials, recordings, transmissions, videos, software, hardware etc., in connection with the Event.
Section XIV. Limitation of Liability
13. LIMITATION OF LIABILITY. Under no circumstances will Eagle Production Co. be responsible for any indirect, special or consequential damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise in connection with the Event.
Section XV. Force Majeure
14. FORCE MAJEURE. Performance under this Agreement may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations; acts of god, hurricanes, earthquakes, other adverse weather conditions; war or terrorism; strikes or other labor disputes; or other unforeseeable incidents outside of any responsible party’s control which shall make such performance impossible and/or impractical. The party whose performance is so delayed shall give notice of the delay and its cause to the other party to whom performance is owed within five (5) days of the commencement of such delay.
Section XVI. LDW
15. LOSS DAMAGE WAIVER. If LDW applies and is quoted in the Event order and Customer does not elect to decline LDW for the Event, Customer understands that charges for loss or damage to Eagle Production Co. owned equipment will be waived by Eagle Production Co. Customer further acknowledges and understands that if any loss or damage occurs, Customer will be required to participate in any investigation by Eagle Production Co. facility security and/or other authorities. If it is determined that the loss or damage was intentionally caused by Customer or its representatives, this LDW shall not apply and Customer will be fully responsible for all such loss or damage.
Section XVII. Miscellaneous
16. MISCELLANEOUS. This proposal shall be governed and interpreted in accordance with the laws of the state where the Event is located. Time is of the essence with respect to each party’s obligation hereunder. The individuals signing this proposal each represent and warrant to the other that they have the proper authority to bind their respective parties to the provisions of this proposal. The provisions of this proposal may only be modified by written agreement signed between the parties.
Section XVIII. Additional Terms & Conditions
17. ADDITIONAL TERMS AND CONDITIONS. From time to time, additional Event-specific terms may also be included throughout the proposal. Customer understands and agrees to any additional provisions contained within the Event Proposal
Section XIX. Social Media
18. SOCIAL MEDIA DISCLOSURE- Eagle Production Company has the right to use any pictures or videos of your event on any of our social media platforms unless notified in writing within 72 hours of Event start.
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