SERVICE AGREEMENT

SERVICE AGREEMENT

BETWEEN

SOARING HIGH (THE CONTRACTOR)

AND

__________________________________________________(THE CLIENT)

_____________________________________________________________________________________

THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Contractor and the Client (Contractor and Client collectively referred to herein as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.

In consideration of covenants and agreements contained in this agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:

  1. 1. COMMENCEMENT AND DURATION

This agreement shall come into force from _______________________until_______________________.

  • THE SERVICES

The Contractor shall provide online teaching and mentoring to assist with personal and spiritual development.  The Contractor agrees to devote their time and attention to the professional performance of their duties and to offer their services per the terms of this and any other agreement entered into by the Parties and per the standards accepted in practice.

  • COMPENSATION

The Contractor will charge the Client $____________for their services which shall be due on ___________.

  • CLIENT OBLIGATIONS
  • The Client undertakes to pay any sums due as and when they fall due and to honor this agreement, and any other agreement entered into by the Parties.
  • A Client must give at least twenty (24) hours’ notice to re-schedule without forfeiting live sessions.
  •  
  • LIABILITY
  • To the maximum extent permitted under applicable laws, the Contractor expressly disclaims all other representations, warranties, and conditions, express and implied, statutory (including under sale of goods legislation, or otherwise), including without limitation any representations, warranties, or conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, title, and non-infringement.
  • The Contractor shall not be liable for any losses incurred due to the use of the Services, and the Client agrees to hold the Contractor harmless. The Services are provided to the Client “as is, where is”, with all faults and without warranty of any kind. If the Contractor is found accountable, their total responsibility will be limited to the amount paid by the Client under this agreement.
  • The Client shall indemnify the Contractor and anybody claiming through the Contractor for any loss caused by the Client’s actions or omissions.
  • Any oral or written information obtained from the Contractor does not imply any warranty not expressly expressed above. Specifically, any manner of communication on the platform does not give legal, medical, financial, or professional advice to users or any other individual and does not assume fiduciary obligations to them. The Contractor shall not take liability for reliance on any information offered by him.
  • AUTONOMY

Except as otherwise provided in this agreement, the Contractor will have full control over working time, methods, and decision making concerning the provision of the services per the agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

The relationship of the Parties hereto is that of an independent contractor. Accordingly, the Parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby.

  • PROHIBITION ON TRANSFER

The Client shall not transfer or assign this agreement without the Contractor’s consent. However, the Contractor may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Client’s consent.

Any intellectual property and associated rights owned or developed by the Contractor, solely or jointly with others, during the subsistence of this agreement, are the Contractor’s exclusive property. The Client will enjoy a non-exclusive, limited use license of the intellectual property at the Contractor’s discretion.

  1. DISPUTE RESOLUTION

Mediation shall resolve any dispute under this agreement.

  1. TERMINATION
  2. · Either Party may terminate this agreement at any time upon breach of the contract by the other Party or if the other Party agrees to the termination in writing.
  3. Otherwise than for breach, or consent, a Party may terminate this agreement upon giving the other Party no less than ________days’ notice in writing. The other Party reserves the right to charge costs that have already been incurred if this provision is breached.
  4. The termination of this agreement shall not discharge the liabilities accumulated by either Party.
  5. Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
  1. CHANGES TO THE AGREEMENT

Either Party may request changes to this agreement, but the changes will only be effective if agreed in writing, signed by all parties, and recorded.

  1. CONFIDENTIALITY

The Client shall not at any time disclose to any other person whatsoever any information concerning this agreement, whether such information is stated to be confidential or not, without the express written permission of the Contractor.

  1. GENERAL PROVISIONS
  2. If a court finds any provision of this agreement invalid or unenforceable, the remainder of this agreement shall be interpreted so as to best effect the intent of the Parties.
  3. This agreement expresses the complete understanding of the Parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. The Parties will exercise utmost good faith in this agreement and comply with all applicable laws.
  4. If any ambiguity is found in the agreement or various documents forming this agreement, the Contractor shall issue any necessary clarification or instruction.
  5. Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
  6. The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
  7. Any reference to the singular includes the plural and vice versa, and the male gender includes the female gender and vice versa.
  8. Each Party signing this agreement either directly or through a representative is duly authorized to do so. The parties may execute this agreement in counterparts, which taken together will constitute one instrument. Parties shall be served through their above-named addresses; either Party may change their addressees by reasonable written notice given to the other Party;

THE CONTRACTOR: Address: 325b Bushy Park Rd, DUNDEE, NSW 2370. Australia

 Phone Number: +61 417 763 452

 Email: akashi.love@yahoo.com 

THE CLIENT:

  1. GOVERNING LAW

This agreement shall be governed in all respects by the New South Wales, Australia Laws.

  1. CLIENT ACKNOWLEDGEMENTS

The Client acknowledges that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they acknowledge that the restrictions imposed are fair, reasonable, and necessary to protect the Contractor’s legitimate business interests.

By signing below, the Parties agree to be bound by the terms of this agreement as of the Effective Date above.

CONTRACTOR: CLIENT:

Signature: _______________________________________   Signature: _______________________

Print Name and designation: _________________________  Print name: ______________________

Date: ____________________________________                 Date:____________________________

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