Velvet Rabbott Service Agreement

This Services Agreement is made between The Rabbott - Raleigh’s Premier Transportation Company, LLC ("Service Provider") with email address rachel@therabbott.com and The Customer. Rachel Abbott and fictional character Jett LeFemme can both be categorized as “Service Provider”. The Customer and Service Provider are sometimes collectively referred to herein as the "Parties" and individually as a "Party". This Service Agreement and waiver stand at all times of the event upon purchase of a ticket for that event. 

Customer acknowledges and agrees that acknowledgement of reading this form (indicated during checkout of purchasing an event ticket) acts as a signature for their Party/Parties.

Customer wishes to retain the services of the Service Provider, and the Service Provider agrees to provide Customer the services, in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

  1. Services.

    1. Services. The Customer hereby retains the Service Provider to perform the following services (collectively the "Services") for the customer:

Exact locations, times, dates, and event specifics will vary.

  1. Modification of Services; Change Orders. The Parties acknowledge and agree that during the term of the Agreement the Services may be modified and/or expanded from time to time by the Parties. Service Provider shall have no obligation to perform any additional or modified Services, until a Change Order has been agreed upon and signed by an authorized representative of Service Provider or until payment is made to Service Provider if Change Order is requested on the day of the event. 

  2. Subcontractors. Customer acknowledges and agrees that Service Provider may, at its sole discretion, use subcontractors and consultants to perform some of the Services to be provided under this Agreement. In the event Service Provider utilizes subcontractors or consultants to perform any of the Services, Service Provider shall remain responsible to Customer for performance under this Agreement. In the case of Velvet Rabbott events, Amanda Marie Lockett, Aria Von Rayven, and/or Peachy Productions all serve as subcontractors.

  3. No Exclusivity. Service Provider may represent, perform services for, and contract with other additional clients, persons, or companies as Service Provider, in its sole discretion, sees fit.

  4. Compliance with Laws; Permits and Licenses. Customer agrees, at its own expense, to operate in full compliance with all governmental laws, regulations and requirements applicable to the duties conducted hereunder. It shall be the responsibility of the Customer to pay for any necessary licenses, permits, insurance and approvals as may be necessary for Service Provider’s performance of the Services under this Agreement, unless otherwise specified in writing and agreed to by the Service Provider. By purchasing a ticket, Customer acknowledges that they and all members of their party are over the age of 21 at the time of the event and are of legal age to consume alcohol.

  5. Expenses and Payment.

  6. Expenses. As full consideration for the provision of the Services, Customer shall pay Service Provider expenses in the amount of ticketed price.

  7. Deposit. Customer shall pay for the ticket in full prior to the start of the event.

  1. Warranty.

The Services to be performed hereunder are transportation and entertainment. Service Provider does not warrant in any form the results or achievements of the Services provided or the resulting work product and deliverables. Service Provider warrants that the Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices. Service Provider shall comply with all statutes, ordinances, regulations and laws of all international, federal, state, county, municipal or local governments applicable to performing the Services hereunder.

LIMITATION OF WARRANTY. THE WARRANTY SET FORTH IN THIS Article III IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK PRODUCT OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR AGAINST INFRINGEMENT. SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT OR DELIVERABLES PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO THE CUSTOMER BY THE SERVICE PROVIDER DURING THE TERM OF THIS AGREEMENT, CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.

  1. Indemnification.

Customer (the "Indemnifying Party") agrees to indemnify, defend and hold Service Provider and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney's fees and court costs, arising out of the Indemnifying Party's (a) gross negligence or willful misconduct or (b) its material breach of any of the terms of this Agreement. 

ARTICLE IV STATES THE ENTIRE OBLIGATION AND THE EXCLUSIVE REMEDIES WITH RESPECT TO THE PARTIES' INDEMNIFICATION OBLIGATIONS PURSUANT TO THIS AGREEMENT.

  1. Limitation Of Liability; Actions.

IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SERVICE PROVIDER'S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER TO THE SERVICE PROVIDER UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.

NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.

  1. Cooperation Of Customer.

Customer agrees to comply with all reasonable requests of Service Provider as may be reasonably necessary for the performance of the Services under this Agreement.

V.1. Conduct & Removal Clause The Service Provider reserves the right to refuse service or remove any Customer from the experience, at any time, without refund, if the individual is deemed to be overly intoxicated, disruptive, or behaving in a manner that compromises the safety, comfort, dignity, or enjoyment of others. This includes—but is not limited to—excessive intoxication, verbal or physical aggression, property damage, or failure to follow instructions. Decisions made by the Service Provider and/or its representative(s) on-site are final.


V.2. Burlesque Performance Conduct Clause Customers are expected to conduct themselves with respect toward performers, Service Provider, and fellow Customers at all times. Inappropriate behavior—including, but not limited to, unsolicited physical contact, sexually explicit or derogatory language, harassment, or any action that disrupts the performance—will not be tolerated.

Unauthorized photography, video recording, or live streaming of any kind is strictly prohibited during the event. This policy is in place to protect the privacy, safety, dignity, and artistic integrity of the performers and guests. Devices may be subject to inspection if this policy is violated.

The Service Provider reserves the right to remove any individual engaging in prohibited or disruptive behavior, without refund, and may pursue further action if deemed necessary to protect performers or Customers. Decisions made by the Service Provider and/or its representative(s) on-site are final.


  1. Term.

This Agreement will commence as of the Effective Date (determined by event date) and will terminate upon completion of the Services, unless earlier terminated in accordance with the provisions of this Agreement. 

  1. Termination.

    1. Termination for Breach. Service Provider may terminate this Agreement at any time in the event of a breach by the Customer of a material covenant, commitment or obligation under this Agreement that remains uncured: (a) in the event of a monetary breach, immediately following written notice thereof; and (b) in the event of a non-monetary breach immediately following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by Service Provider. Termination shall be in addition to any other remedies that may be available to the Service Provider.

    2. Termination for Convenience. Service Provider may terminate this Agreement at any time with or without cause by giving 30 days written notice prior to the first Service date.

    3. Obligations upon Termination. Termination of this Agreement for any reason shall not discharge either Party's liability for obligations incurred hereunder and amounts unpaid at the time of such termination. Customer shall pay Service Provider for all Services rendered prior to the effective date of termination. Service Provider shall keep any deposits paid by Customer. Upon termination, each Party shall return the other Party's Confidential Information that is in its possession at the time of termination. Upon the termination of the Agreement, the Customer shall promptly return to Service Provider any equipment, materials or other property of the Service Provider which are in Customer's possession or control.

  2. Relationship Of The Parties.

The relationship between the Parties under this Agreement is solely that of service provider and customer. Nothing herein shall be construed to create any form of employment relationship, agency, partnership, or joint venture between the Parties. Service Provider is engaged as an independent entity providing transportation services to the Customer under the terms and conditions set forth in this Agreement. The Service Provider operates independently and does not act as an agent or employee of the Customer. Accordingly, the Service Provider has no authority to enter into contracts, make any representations, warranties, or commitments, or incur any liabilities or obligations on behalf of the Customer.

  1. Force Majeure.

Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within five business days of its occurrence.

  1. Governing Law And Venue.

This Agreement will be governed by and interpreted in accordance with the laws of the State of North Carolina, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Wake County, North Carolina. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.

  1. Attorney's Fees.

If Service Provider incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the Service Provider shall be entitled to recover its reasonable attorney's fees and any court, arbitration, mediation, or other litigation expenses from the Customer.

  1. Collection Expenses.

If Service Provider incurs any costs, expenses, or fees, including reasonable attorney's fees and professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, Customer agrees to reimburse Service Provider for all such costs, expenses and fees.

  1. Severability.

If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

  1. Headings; Construction.

The headings and captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.

  1. Survival.

Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.

  1. Rights Cumulative.

The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.

  1. Counterparts.

This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page.

  1. Notices.

All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by email or text

Service Providers: Rachel Abbott of The Rabbott - Raleigh’s Premier Transportation Company, LLC; Jett LeFemme 

Phone: (919) 886-1105; (909) 706-5373

Email: rachel@therabbott.com; PeachyProductionsCo.LuxEvents@gmail.com 

  1. Waiver.

No waiver of any term or right in this Agreement shall be effective unless in writing, signed (acknowledgement of reading this form as is indicated during checkout of purchasing an event ticket acts as signature) an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

  1. Entire Agreement; Modification.

This Agreement, and any exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. Each Party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties.

In witness whereof, the Parties hereto have executed this Services Agreement on the date set forth by the ticket.

SERVICE PROVIDER

By: Rachel Abbott

Printed Name: Rachel Abbott, Manager of The Rabbott - Raleigh’s Premier Transportation Company, LLC

Date: *specific to each event*




Velvet Rabbott Release and Waiver of Liability Agreement

WHEREAS, The Rabbott - Raleigh’s Premier Transportation Company, LLC (“Owner”) is the owner of a Ford E-450 bus (“Vehicle”), and is willing to permit the individuals signing this Agreement to use the Vehicle for the purpose of transportation, upon the terms and conditions of this Agreement.

In consideration for being provided access to and use of the Vehicle, each person signing below hereby stipulates and agrees:

  1. Use of Vehicle and Responsibility for Guests. I agree that I am responsible for the proper use and care of the Vehicle and any of  Owner's property thereon. This responsibility extends to ensuring that all persons whom I bring onto the Vehicle, or who board the Vehicle as part of the group or event I am associated with, also adhere to this obligation. I acknowledge that I will be liable for the replacement cost of any Owner's property that is damaged, destroyed, or lost due to the actions or negligence of myself or any other guests. Furthermore, I commit to informing all guests of their responsibilities regarding the use and care of the Vehicle and Owner's property, ensuring they understand that respectful and proper treatment is expected at all times.

  2. Assumption of Risk. I understand and acknowledge that the activities that take place on the Vehicle may be dangerous and may involve the risk of serious injury, temporary or permanent disability, death, and/or property damage to myself and to any persons I bring onto the Vehicle or who participate in activities on the Vehicle as part of my group or event. I am aware that the activities on the Vehicle may not be supervised, and that the Owner of the Vehicle does not provide medical services. I further acknowledge that any injuries sustained by myself or those persons I bring onto the Vehicle may be compounded by negligent or delayed medical service. I, ALONG WITH ANY PERSONS I BRING ONTO THE VEHICLE OR WHO ARE PART OF MY GROUP OR EVENT, VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR DURING OUR USE OF AND PARTICIPATION IN ACTIVITIES ON THE VEHICLE, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.

  3. Release from Liability. I hereby agree, on behalf of myself, my heirs, my personal representatives, and any persons I bring onto the Vehicle or who are part of my group or event, to fully and forever discharge and release Owner and its affiliates, and their respective partners, agents, operators, managers, employees, subcontractors, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Vehicle, whether caused by the negligence of the Owner or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me or those persons I bring onto the Vehicle or who are part of my group or event while on or using the Vehicle.

  4. Covenant Not to Sue. I hereby agree, on behalf of myself, my heirs, my personal representatives, and any persons I bring onto the Vehicle or who are part of my group or event, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Vehicle.

  5. Indemnification. I hereby agree to defend, indemnify and hold harmless Owner and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Vehicle or participation in any activities on the Vehicle.

  6. Responsibility for Personal Property. I acknowledge and agree on behalf of myself, my heirs, my personal representatives, and any persons I bring onto the Vehicle or who are part of my group or event, that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Vehicle and that Owner will not be responsible for or provide any security for my property and personal belongings. Personal phones will be kept in a clear box while on the bus to preserve the experience for future guests. Guests will be able to have their phones while not on the vehicle.

  7. No Representations by Owner. I acknowledge that Owner makes no representations as to the condition of the Vehicle, including but not limited to its maintenance history, suitability for a particular purpose, or the safety of any structures or equipment that may be used on or with the Vehicle. This includes, but is not limited to, any potential mechanical issues, wear and tear, and any other defects that may not be immediately apparent. I further acknowledge and agree that I am not relying upon any representation or statement by the Owner or the Owner’s employees, agents, or representatives regarding the condition, maintenance, suitability, or safety of the Vehicle, this agreement, or any equipment or structures used on or with the Vehicle, except to the extent such representations are expressly set forth in this agreement. I understand that the Owner disclaims all warranties, express or implied, concerning the Vehicle, including any implied warranties of merchantability or fitness for a particular purpose. I acknowledge that no promises, statements, or inducements made by any party to this agreement have led me to sign this agreement, other than those expressly stated herein.

  8. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of North Carolina, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Wake County.

  9. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.

  10. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

  11. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Vehicle, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

  12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

  13. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.


OWNER


By: Rachel Abbott

Printed Name: Rachel Abbott representing The Rabbott - Raleigh’s Premier Transportation Company, LLC

Date: *specific to each event*