COMMISSION AGREEMENT BETWEEN_________________________ (THE “COMPANY”)
AND___________________________ (THE “TOURISM AGENCY”)
_________________________________________________________________________________
THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter, “Effective
Date”) entered into by the Company and the Tourism Agency (Company and Tourism Agency
collectively referred to 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. COMMENCEMENT AND DURATION
This agreement shall be valid from the Effective Date for a period of one year unless earlier
terminated by either Party.
2. CONSIDERATION
The Company is in the business of providing horse riding services; the Tourism Agency shall provide
clients to the Company, and receive commission as follows:
ITEM CHARGES COMMISSION (%)
Class,
Package,
Desert hack
Beach ride
3. INDEMNIFICATION
The Tourism Agency agrees to indemnify, hold harmless and defend the Company and its directors,
officers, employees, and agents from and against any action, claim, demand, or liability, including
reasonable attorney’s fees and costs, arising from or relating to: (i) injuries or other liability claims by
the clients (ii) the Tourism Agency’s breach of this Agreement; (iii) the negligence or willful
misconduct of the Tourism Agency; or (iv) any allegation that the Tourism Agency caused injury or
damage to any third Person ("Person" is defined as any individual, corporation, Company, partnership,
government or any other entity). The Tourism Agency agrees that the Company shall have the right to
participate in and control the defense of any such claim through counsel of its choosing at the Tourism
Agency’s expense.
4. NON-ASSIGNMENT
The Tourism Agency shall not transfer or assign this agreement without the Company’s consent.
However, the Company may transfer or assign this agreement or subcontract its obligations hereunder
at any time without the Tourism Agency’s consent.
5. DISPUTE RESOLUTION
Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration
☐Litigation
6. TERMINATION
Either Party may terminate this Agreement, at any time upon giving the other Party no less than
_______________days’ notice in writing. If a Party wishes to terminate the contract with less than this
stated period, the other Party reserves the right to charge costs that they have already paid in advance
or incurred. The termination of this agreement shall not discharge the liabilities accumulated by either
Party. 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.
7. CONFIDENTIALITY
All non-public, confidential or proprietary information of the Company, disclosed by the Company to
the Tourism Agency, whether disclosed orally or disclosed or accessed in written, electronic or other
form or media, and whether or not marked, designated or otherwise identified as "confidential" in
connection with this Agreement is confidential, solely for the use of performing this Agreement and
may not be disclosed, copied, or dealt with in any similar manner unless authorized in advance by the
Company in writing. Upon the Company’s request, the Tourism Agency shall promptly return all
documents and other confidential materials received from the Company. The Company shall be
entitled to injunctive relief for any violation of this Section. This Section does not apply to information
that is: (a) in the public domain; (b) known to the Tourism Agency at the time of disclosure, or (c)
rightfully obtained by the Tourism Agency on a non-confidential basis from a third party. In addition,
this Agreement is confidential and cannot be divulged to third parties, unless as provided by law,
without the written consent of the Company.
8. FORCE MAJEURE
For this Agreement, "Force Majeure" means an event which a diligent party could not have reasonably
avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to,
war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or
other industrial action, terrorist acts, confiscation or any other action by government agencies. A
Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this
Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable
alternative measures, and minimal delay all to carry out the terms of this Agreement.
9. GENERAL PROVISIONS
Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
signed by all Parties, and recorded. Unless otherwise provided, failure by the Company to enforce any
of the terms or conditions of this Agreement shall not be a waiver of their right to enforce the terms
and conditions of this Agreement. A waiver by the Company of any right or benefit provided in this
Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit
a waiver of any other right or benefit provided in this Agreement. The provisions of this agreement are
severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or
enforceability of any other provision. This agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original and all of which taken together shall constitute one
instrument. This agreement constitutes the entire agreement between the parties. It supersedes all prior
oral or written agreements or understandings between the Parties concerning the subject matter of this
agreement. 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. All pronouns and any variations thereof
shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the
person or entity may require.
10. NOTICES
Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall
be in writing and shall be deemed to have been given at the time when actually received as a
consequence of any effective method of delivery at the following addresses (including email) or such
changed address as the Party shall have specified by written notice, provided that any notice of change
of address shall be effective only upon actual receipt.
Company: ______________________________ Tourism Agency:
____________________________
11. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of __________________, and its Courts
without regard to its conflict of law provisions.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year
set forth below.
Signed by the duly authorized representative of
the COMPANY
Signature:
Name:
Designation:
Date:………………………………………………….
Signed by the duly authorized representative of
the TOURISM AGENCY
Signature:
Name:
Designation:
Date:………………………………………………….
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