THIS AGREEMENT is made on the ____day of ________________20__, (“Effective date”) and is entered into between Education Curated LLC (The Service Provider) whose Principal address for the purpose of this agreement shall be ______________, FL and ______________________________ (The Client ) whose Principal address for the purpose of this agreement shall be ______________________________.
The Service Provider and The Client(s) shall collectively be referred to as the “Parties,” or individually as the “Party,” and this shall include that Party’s successors and assigns.
Parties agree to the following terms and conditions and to be bound thereby:
This Agreement shall remain in force from the Effective date mentioned above until its termination in accordance with the provisions of this Agreement.
The Service Provider shall provide the Client(s) with the selected services along with any other incidental services that may be necessary or agreed upon.
The agreed upon contractual services are (selected):
☐Educational decisions support ☐Student Assessment
☐Provision of Academic Plans ☐Academic Coaching
☐Resource Creation ☐IEP Advocacy
These Services shall be provided at the contractual sum agreed upon below.
3.1. For the services rendered, the Client(s) agrees to pay the Service Provider’s Fees at the rate of _________ USD per hour, which ought to be paid at least 4 hours before the appointment time.
3.2. Any extra hours agreed upon by the Parties thereafter beyond the initially scheduled appointment time will be paid for at the same rate per hour as the originally scheduled meeting.
3.3. All sums payable shall be paid directly into the Service Provider’s Bank Account which is ____________________________________________________.
3.4. The Client(s) shall be solely responsible for all costs and/or deposits relating to the use of a venue and for obtaining any necessary permissions, authorizations, or other requirements for the Service Provider’s provision of services at the venue(s).
4.1. The Service Provider is an independent contractor and shall have sole and exclusive control over the way they, their employees and or agents perform the services to be provided under this Agreement.
4.2. The Service Provider shall have the right to engage and employ such individuals and agents as may be necessary in connection with the services to be provided under this Agreement, provided that such individuals and agents shall be subject to control, contractual or otherwise, solely and exclusively by the Service Provider.
The Client(s)(s) shall indemnify and hold harmless the Service Provider from and against all claims arising out of this Agreement.
CANCELLATION, RESCHEDULING AND NO SHOWS
6.1. If the Client(s) desires to cancel Services, reschedule Services, or it becomes impossible for the Service Provider to render services due to the fault of the Client(s) or parties related to the Client(s), the Client(s) shall be under an obligation to give the Service Provider a notice to that effect without any undue delay but no later than 24 hours before the appointment time.
6.2. The Client(s) agrees to make full payment of the contractual sum for any appointments canceled less than 24 hours before the scheduled appointment time or for any No Shows.
6.3. The Service Provider shall be under no obligation in any circumstances to re-book further Services of the Client(s) to fill the void created by the cancellation, rescheduling, impossibility to render services due to fault of the Client(s) or parties related to the Client(s).
6.4. Notice of any cancellation, rescheduling or no-shows shall be done in accordance with the provisions of this Agreement.
All intellectual property belonging to the Service Provider shall be the Service Provider’s exclusive property. Any use of the same shall only be with the written authority of the Service Provider as a lease and shall in no way transfer ownership of the same.
Neither Party shall transfer or assign this Agreement without the other Party’s consent
which consent shall not be unreasonably withheld or delayed.
9.1. 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.
9.2. 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 in carrying out the terms of this Agreement once possible.
COVID 19 REGULATIONS COMPLIANCE
The Service Provider will wear a face mask and ensure thorough sanitization of hands and tools during the meeting.
Parties agree to settle disputes herein in the first instance through Negotiation.
12.1. Either Party may terminate this Agreement upon giving the other Party no less than 24 hours notice in writing.
12.2.This Agreement will automatically terminate upon completion of contractual service.
12.3. The termination of this Agreement shall not discharge any pending liabilities accumulated by the Client(s).
changes to the agreement
Either Party may request changes to the Agreement, but they will only be effective if agreed upon in writing and signed by all Parties.
All non-public, confidential information of the Parties disclosed in connection with this Agreement is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized in law or in advance by the other Party in writing.
Failure by either Party 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.
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. All documents annexed to this Agreement shall be subject to the terms under this Agreement, provided that the Parties append their signatures on the documents. The Parties will exercise utmost good faith in this Agreement.
Any notice required to be given pursuant to the provisions of this Agreement shall be in writing either through email, post or phone as provided by the Parties in this Agreement.
Service Provider: Email ______________________________________
The Client(s) acknowledges that they have been provided with the opportunity to negotiate this Agreement and to seek legal counsel before signing this Agreement.
In addition, the Client(s) acknowledges that the restrictions imposed are fair, reasonable, and necessary to protect the Service Provider’s legitimate business interests and will not place an undue burden upon their livelihood in the event of enforcement of the restrictions.
The Client(s) acknowledges that they have entered into this Agreement with the capacity and authority to contract freely and voluntarily.
20.1. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to its conflicts of law provisions.
20.2 Any disputes arising out of this Agreement shall be dealt with by the Courts of Florida.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.
Signed by the CLIENT(S)Signature : …………………………………………….Name: …………………………………………………..Date:…………………………………………….……
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