This Service Agreement (hereinafter “Agreement”), is made effective on this ___ day of _______ 2020 by and between
THE MOTORVATOR ACADEMY through Timothy Williams located at _______________________
(Hereinafter referred to as “Academy”)
________________, located at _________________________Email: ______________________
(Hereinafter referred to as “Client”)
WHEREAS, The Academy is involved in a business of coaching, mentoring, motivational speaking & training business and the Client is desirous of implementing the Academy services into the Client’s area of interest for the event, as discussed more fully below;
NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is acknowledged, the Parties do hereby agree as follows:
Article 1 – SCOPE
This Agreement sets forth the terms and conditions whereby the Academy agrees to provide the Services (as described below in Schedule A). The Academy through Timothy Williams will be engaged for the limited purpose of providing these Services to the Client.
Article 2 – NO EMPLOYMENT
Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other, neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
Article 3 – COACHING TERMS AND CONDITIONS
III) The Academy is not liable for any result or non-result or any consequences which may come about due to Client’s relationship with Academy and the event for which the service is provided;
Article 4 – DESCRIPTION OF SERVICES
Article 5 – FEES AND EXPENSES
Article 6 – CANCELLATION & RESCHEDULE POLICY
Article 7 – REFUND POLICY
The Client shall not be entitled to any refund for any monies spend under this Agreement. If Client wishes to terminate this Agreement prior to its planned expiration against the terms mentioned in Article 6 of this agreement, The Academy will forfeit the retainer fees and the Client will be bound to pay the full agreed payment for the event.
Article 8 – CONFIDENTIALITY
The existence of this service relationship, as well as any information that the Academy receives from the Client, will be fully and completely confidential under the terms of this Agreement. It will be the Client’s responsibility to address any confidentiality issues with the Academy.
Article 9 – TERMINATION
III) Upon termination, all fees and reimbursements shall be paid and provided to the Academy as they have accrued up to the date of termination.
Article 10 – LIMITATION OF LIABILITY
The Academy’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to fees paid by the Client to the Academy. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, loss of goodwill, or any other loss.
Article 11 – INDEMNIFICATION
Coach and Client shall each defend, indemnify, and hold the other harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from bodily injury, death of any person, or damage, resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
Article 12 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of___________________ without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the courts located in ___________________ in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Services provided hereunder.
Article 13 – NOTICES
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the Parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.
Article 14 – FORCE MAJEURE
Neither the Academy nor the Coach shall be liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil and military authorities, , acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Article 15 – ENTIRE AGREEMENT
The agreement embodies the entire agreement between the Academy and the Client relating to the subject matter hereof. This Agreement may be changed, modified, or discharged only if agreed to in writing by both parties.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on this day and year written below
PLEASE FILL THE REQUIRED FIELD IN THIS AGREEMENT AND SIGN, SCAN E-MAIL IT TO THE ACADEMY AT THE EMAIL firstname.lastname@example.org.