AGREEMENT OF BUSINESS RELATIONSHIP FOR THE MEMBERS WITH
INTEREST IN (WEBSITEADDRESS)
RECITAL
The parties to this Agreement desire to enter into this Agreement to provide for the
formation of a business relationship, the allocation of collected subscription payments,
the respective rights, obligations, and interests of the Members to each other, and
certain other matters.
AGREEMENT
In consideration of the mutual covenants and agreements outlined in this Agreement,
the parties agree as follows:
The Website (WEBSITEADDRESS) (hereinafter referred to as the “Website”), is
owned and operated by (NAME) Ltd. Co. (“we,” “us,” or “our”).
We own and control the source code and operate any services or part associated
with the normal operation of the Website.
We will make every effort to keep the Website functioning flawlessly. However,
tThat may not happen, however, due to the probable inability of 3rd party service
providers, or any other unforeseen problem.
You acknowledge that we will not create content for the website and that you are
responsible for creating the videos and pictures content for the website.
The agreement shall be for a period of one year.
We shall not be responsible if this Website is inaccessible at any time or for any
period for any reason. At times, we mayWe may sometimes limit access to
portions or the entirety of this Website.
We make every effort to make sure no errors are present in the production
environment for the Website, however. However, if errors are uncovered, we will
attempt to fix them.
You agree to indemnify, defend, and hold (NAME) Ltd. Co., its directors, officers,
employees, consultants, agents, and affiliates harmless from any issues resulting
from errors in the source code or during the implementation of any associated
services used.
You agree to indemnify, defend, and hold (NAME) Ltd. Co., its directors, officers,
employees, consultants, agents, and affiliates harmless from any third-party
claims resulting from your negligent use of our services.
While we make every effort to guarantee that the information, descriptions, and
pricing on this Website are correct, mistakes may occur. You agree to indemnify,
defend, and hold (NAME) Ltd. Co., its directors, officers, employees, consultants,
agents, and affiliates harmless from any such mistakes.
You may not incorporate any portion of our software into your own programs or
compile any portion of it in conjunction with your own programs, transfer it for use
with another service, sell, rent, lease, lend, loan, distribute, or sublicense our
software, or otherwise assign any rights to our software, in whole or in part. You
are not permitted to use our software for any unlawful purpose.
We reserve the right to discontinue offering our software and to cancel this
agreement at any time.
Additional third-party conditions contained in or distributed with particular (NAME)
LLC software and indicated expressly in relevant documentation may apply to
our software (or software incorporated with our software) and will govern its
usage in the event of a disagreement with this agreement.
All software utilized by us or our software suppliersour software suppliers or us is
the property of (NAME) Ltd. Co. or its software suppliers and is protected by US
and international copyright laws.
Unless we indicate otherwise, by posting content or submitting material, you
grant us an exclusive, royalty-free, revocable right to use, reproduce, modify,
adapt, publish, perform, translate, create derivative works from, distribute,
process, store and display such content throughout the world in any media.
You allow (NAME) Ltd. Co. and its affiliates and sublicensees the right to use the
name(s) that you provide in connection with such material if they so want.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post or submit to us; that the content is accurate; that the
content will not violate this agreement and will not cause injury to any person or
entity; and that you will indemnify (NAME) Ltd. Co., its directors, officers,
employees, consultants, agents, and affiliates for all claims resulting from content
you supply. We may monitor and modify or remove any behavior or content but
are not obligated to do so. We are not responsible for any content posted or
submitted to us by you or any third party.
You warrant that any person appearing in the videos or pictures is of legal age –
or has proper permission to appear in the videos – and has willingly allowed their
image to be used by you on the website.
You also warrant that any issues arising from the use of trademarks not owned
by you, and present in the videos or pictures are your responsibility. You agree to
indemnify, defend, and hold (NAME) Ltd. Co., its directors, officers, employees,
consultants, agents, and affiliates harmless from any third-party claims resulting
from your non-fulfillment of this item.
You agree that any harm caused by the use of the website content is not the
responsibility of (NAME) Ltd. Co.
You permit us to use your name, logo, or any other content associated with you
and needed for the website’s design, development, security, and usage. This
includes, but is not limited to Apple’s FPS certificate.
You may link to our home page as long as the connection is fair and lawful and
does not harm or exploit our reputation; however, you may not build a link in such
a manner that implies any type of affiliation, approval, or endorsement on our
part when none exists. You are not permitted to make a connection from any
website that is not your own. This Website may not be framed on another site,
and you may not establish a link to any page other than the main page of this
Website. We have the right to revoke linking permissions at any timeanytime and
without warning.
Unless expressly stated otherwise, no persons (including their names and
images), third-party trademarks and content, services, and/or locations featured
on this Website are associated, linked, or affiliated with us. Any
trademarks/names shown on this Website are the property of their respective
owners. When a trademark or brand name is used, it is used purely to describe
or identifydescribes or identifies the products and services and does not imply
endorsement or affiliation with us.
You agree to defend, indemnify, and hold harmless (NAME) Ltd. Co., its
directors, officers, employees, consultants, agents, and affiliates from and
against any third-party claims, liability, damages, and/or costs (including, but not
limited to, legal fees) arising out of your use of this Website or the content you
provide, or your breach of this agreement.
If you violate this agreement and we do not take action, we shall retain our rights
and remedies in any subsequent scenarios in which you violate this agreement.
You acknowledge that this relationship is non-exclusive.
You acknowledge that any further development performed on the website will be
decided and approved solely by us after taking into considerationconsidering
input from youyour input.
You agree to together createto create together a simple trust (a non-business
entity) that will have an associated account (a non-business bank account) for
holding every collected subscription payment from (WEBSITEADDRESS). This
simple trust will have as beneficiaries, all members signing this contract for a
total of 3 members.
You agree to equally split the costs of creating the simple trustto split the costs of
creating the simple trust equally.
You acknowledge that all members signing this contract will have joint access to
the simple trust bank account and that we will jointly, each month, perform an
approval to disburse the following percentages for each of our business
accounts, 20% for us, 15% for NAME, and 65% for Gym.
You acknowledge that the development and testing of (WEBSITEADDRESS)
were at no cost to you, but that you will cover the costs of operating the
production and development websites and all of its associated services once the
production website is made public to the customer. These costs will be
reimbursed to us monthly after they are properly invoiced. If this item is not
fulfilled, (NAME) Ltd. Co. has the right to take any necessary measure to ensure
that it will not suffer any financial loss. This includes redirecting subscription
payments directly to our bank account to cover the expenses. Any subsequent
failure to fulfill this item will result in an additional fee of either $1000 or 50% of
the expenses, whichever is higher.
Any of the parties can end this agreement at any moment and for any reason but
are not limited to; the website not generating enough revenue to justify the
current time used to develop/maintain it, the website is causing us financial loss
or by but no financial loss (other than the lack of the website subscription-related
income) such as but not limited to legal expenses resulting from litigations should
result for the other parties without prior and written common joint agreement
between the parties.
In the scenario in which this agreement is canceled by any of the partiesany of
the parties cancels this agreement, as the result of a common joint agreement,
and without litigation, the domain name (WEBSITEADDRESS) shall be made
available to you at the then-current market price, but the source code and any
services associated with the website remains our property. In this scenario, we
will no longer have permission to use the videos supplied by you on this or any
other website, and all content hosted by our third-party partners will be deleted.
You are responsible for maintaining the security of your account and password
and for restricting access to your computer if you use any of our services, and
you. You agree to bear responsibility for any actions that occur under your
account or password.
You will keep a copy of all images, videos, or any other content shared with us to
be used on the (WEBSITEADDRESS) website. We will not be responsible for
any loss of the above-mentioned materialmaterial mentioned above.
This agreement, as well as the transactions contemplated hereunder, are
governed by and construed and the transactions contemplated hereunder are
governed by, construed, and interpreted in accordance withby Arkansas law. Any
legal or equitable action arising out offrom or pertaining toabout these Terms
must be filed exclusively in the courts of the State of Arkansas.
You agree and acknowledge that the Logos and the contents created by the
website belong to us.
By signing this document, all parts affirm that they are entering into this agreement of
their own free will and without coercion, intimidation, or threat of retaliation. You
acknowledge and agree that we have not exerted any undue pressure or influence on
the other parts in this regard. All parties acknowledge that they have had reasonable
time to determine whether entering into this agreement is in their best interest and that
they have read and fully understand the terms set forth inoutlined in this agreement.
You understand that if you request additional time to review the provisions of this
Agreement, a reasonable extension of time will be granted.
Signed by:
___________________________
Signature:
___________________________
Date:
_______________________________
Signed by:
___________________________
Signature:
___________________________
Date:
_______________________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )