CO-HOSTING MANAGEMENT AGREEMENT
This Co-Hosting Management Agreement (hereinafter referred to as the “Agreement”) dated this ___ day of __________________, 2021 between:
Insert Your Name of Insert Your Address
(Hereinafter referred to as the “Contractor”)
Insert Name of Client of Insert Client’s Address
(Hereinafter referred to as the “Client”)
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide cohosting management services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Contractor and the Client (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Article 1: Services Provided
The Client hereby agrees to engage the Contractor to provide the Client with services consisting of co-hosting management (the “Services”).
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
Article 2: Consideration
The Client shall pay consideration to the Contractor in the sum of $________. The Contractor understands that she shall receive no further consideration for Services performed under this Agreement.
Article 3: Term of Agreement
The Term of this Agreement will begin on the date of execution of this Agreement and will remain in full force and effect for 6 months, or terminated as provided in this Agreement.
Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
Article 4: Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Article 5: Termination
Any Party shall have the right to terminate this Agreement at any point. If the Client wishes to terminate this Agreement, he/she shall provide the Contractor with at least 90 days’ notice and pay a fee of $500.00 to the Contractor.
Article 6: Intellectual Property
In the event that any copyrighted work(s) are created as a result of the Services Provided by the Contractor in accordance with this Agreement, the Contractor owns all copyrights in any and all work(s) she creates or produces pursuant to federal copyright law ( Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Contractor and may be used in the reasonable course of the Contractor’s business.
The Contractor grants to the Client a non-exclusive license of product(s) produced with and for the Client for personal use only so long as the Client provides the Contractor with attribution each time the Client uses the Contractor’s property.
Article 7: Liability
The Client agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or Services provided in this Agreement shall not exceed the total cost of Services provided by the Contractor.
In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, the Contractor shall refund the Client a pro-rated portion of the total cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
The Client agrees to indemnify, defend and hold harmless the Contractor and her affiliates, employees and agents for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) the Contractor provides to the Client.
Article 8: Cancellation, Rescheduling and No-Shows
If the Client decides to terminate this Agreement, reschedule Services, or if it becomes impossible for the Contractor to render Services due to the fault of the Client or parties related to the Client, to show up in a timely manner, the Client shall provide the Contractor with a 90-day notice in accordance with the provisions of Article 5 of this Agreement. The Contractor has no obligation to attempt to rebook further Services to fill the void created by the Client’s cancellation, rescheduling, no-show or if it becomes impossible for the Contractor to provide the Services due to the fault of the Client (or parties related to the Client), and the Contractor will not be obligated to refund any monies the Client had paid towards the total cost. The Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up, or should it become impossible for the Contractor to provide the Services due to the fault of the Client (or parties related to the Client) unless the Parties otherwise agree in writing. If the Client wishes to cancel before contract expiration, the Client must pay $500.00 fee upfront for the Agreement to be cancelled, at the discretion of the Contractor to accept or deny.
Article 9: Impossibility of Performance
Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as but not limited to: war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear attack or explosion, or act or threat of terrorism.
In the event that the Contractor cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will: immediately give notice to the Client via the Article 12 provisions detailed in this Agreement, issue a refund or credit based on a reasonably accurate percentage of services rendered, and excuse the Client of any further performance and/or payment obligations in this Agreement.
Article 10: Dispute Resolution
In the event of a dispute, the parties shall attempt to resolve it amicably by negotiating in good faith.
If, within ___ calendar days after receipt by a Party of a Dispute Notice, the Parties have not succeeded in negotiating a resolution of the Agreement Dispute, the Parties agree to submit the Agreement Dispute at the earliest possible date to mediation conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”), and to bear equally the costs of the mediation; provided, however, that each Party shall bear its own costs in connection with such mediation. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days or such longer period as they may mutually agree following the initial mediation session (the “Mediation Period”).
Article 11: Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
Article 12: Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
Insert Contractor’s Name
Insert Client’s Name
or to such other address as any Party may from time to time notify the other.
Article 13: Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Article 14: Assignment
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Article 15: Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
Article 16: Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Article 17: Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Article 18: Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
The Parties have duly affixed their signatures under hand and seal on this _____ Day of ____________________, 2021.
Insert Your Name
Insert Name of Client
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