SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated this
day of
, .
BACKGROUND
A. The Client is of the opinion that the Contractor has the necessary qualifications,
experience and abilities to provide services to the Client.
B. 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 Client and the Contractor (individually the "Party" and collectively
the "Parties" to this Agreement) agree as follows:
SERVICES PROVIDED
1. The Client hereby agrees to engage the Contractor to provide the Client with the
following services (the "Services"):
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• Moving.
2. 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.
TERMS
1. TERM OF AGREEMENT
The term of this agreement (the “Term”) will begin on the date on this agreement and
will remain on full force and effect until the completion of the services, subject to earlier
termination as provided in this Agreement. The Term may be extended with the written
consent of the parties.
2. AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who signed this Agreement have the actual
legal power, right and authority to make this agreement and bind each respective Party.
3. COMPENSATION
The Contractor will charge the Client for the Services at the rate of
___________per hour (the "Compensation"). A deposit of $100.00 (the
"Deposit") is payable by the Client upon execution of this Agreement. For the
remaining amount, the Contractor will invoice the Client when the Services
are complete. Invoices submitted by the Contractor to the Client are due
within 30 days of receipt.
4. REIMBURSEMENT OF RESOURCES
The Contractor will be reimbursed from time to time for reasonable and necessary
expenses incurred by the Contractor in connection with providing the
ServicePRO-approval is not required for expenses.
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5. INTEREST ON LATE PAYMENTS
Interest payable on any overdue amounts under this Agreement is charged at a rate of
10.00% per annum or at the maximum rate enforceable under applicable legislation,
whichever is lower.
6. CONFIDENTIALITY
Except as otherwise expressly permitted in this Agreement, the parties shall not disclose
or use in any manner, directly or indirectly, any Confidential Information either during
the term of this Agreement or at any time thereafter, except as required to perform their
respective duties and responsibilities or with the other party’s prior written consent.
Both parties agree that all Confidential Information disclosed and received shall remain
secret and confidential during the term of this Agreement and continue thereafter for 10
years after this Agreement is terminated or expires.
7. INTELLECTUALPROPERTY
All intellectual property and related material (the "Intellectual Property") that is
developed or produced under this Agreement, will be the property of the
Contractor. The Client is granted a non-exclusive limited-use license of this
Intellectual Property.
Title, copyright, intellectual property rights and distribution rights of the
Intellectual Property remain exclusively with the Contractor.
8. LIMITATION OF LIABILITY
Except as set forth otherwise in this agreement, in no event shall the movers be liable to
the other for any incidental, consequential, special or punitive damages of any kind or
nature arising out of this agreement whether such liability is asserted on the basis of
contract, tort (including the possibility of negligence or strict liability), or otherwise,
even if the party has been warned of the possibility of any such loss or damage, and
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even if any of the limited remedies in this agreement fail of their essential purpose. In
the instance of damaged furniture during the move, the company will pay 60 cents per
pound for every object broken.
9. INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to
the extent permitted by applicable law, each Party agrees to indemnify and hold
harmless the other Party, and its respective directors, shareholders, affiliates, officers,
agents, employees, and permitted successors and assigns against any and all claims,
losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal
fees and costs of any kind or amount whatsoever, which result from or arise out of
any act or omission of the indemnifying party, its respective directors, shareholders,
affiliates, officers, agents, employees, and permitted successors and assigns that
occurs in connection with this Agreement. This indemnification will survive the
termination of this Agreement.
10. RETURN OF PROPERTY
Upon the expiration or termination of this Agreement, the Contractor will return to the
Client any property, documentation, records, or Confidential Information which is the
property of the Client.
11. INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that the
Contractor is acting as an independent contractor and not as an employee. The
Contractor and the Client acknowledge that this Agreement does not create a
partnership or joint venture between them, and is exclusively a contract for service.
The Client is not required to pay, or make any contributions to, any social security,
local, state or federal tax, unemployment compensation, workers' compensation,
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insurance premium, profit-sharing, pension or any other employee benefit for the
Contractor during the Term. The Contractor is responsible for paying, and complying
with reporting requirements for, all local, state and federal taxes related to payments
made to the Contractor under this Agreement.
12. EQUIPMENT
Except as otherwise provided in this Agreement, the Contractor will provide at the
Contractor’s own expense, any and all tools, machinery, equipment, raw materials,
supplies, workwear and any other items or parts necessary to deliver the Services in
accordance with the Agreement.
13. NO EXCLUSIVITY
The Parties acknowledge that this Agreement is non-exclusive and that either Party
will be free, during and after the Term, to engage or contract with third parties for the
provision of services similar to the Services.
14. NOTICES
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 at the
following addresses
Blue Dog Moving LLC
1122 via Trieste Chula vista, ca 91911 or to such other address as either Party may from
time to time notify the other, and will be deemed to be properly delivered (a)
immediately upon being served personally, (b) two days after being deposited with the
postal service if served by registered mail, or (c) the following day after being deposited
with an overnight courier.
15. TERMINATION
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During the course of this agreement, the parties may terminate this Agreements if there
is illegal activity, destruction of property or any other breach.
16. DISPUTE RESOLUTION CLAUSE
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
will be resolved by mediation the results will dictate the next step.
17. AMENDMENT AND MODIFICATION
No supplement, modification or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties
18. ENFORCEABILITY, SEVERABILITY AND REFORMATION
If any provisions of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that improvision this Agreement is invalid and unenforceable, but that Agreement
provision it would become valid and enforceable, then such provision shall be deemed
to be written, construed, and enforced as so limited. The intent of the Parties is to
provide as broad an indemnification as possible under Wisconsin laws. In the event
that any aspect of this Agreement is deemed unenforceable, the court is empowered to
modify this Agreement to give the broadest possible interpretation permitted under
Wisconsin law.
19. FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when such
failure is due to causes beyond that party’s reasonable control, including, but not limited
to, acts of State or governmental authorities, acts of terrorism, natural catastrophe, fire,
storm, flood, earthquakes, accident, and prolonged shortage of energy.
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20. GOVERNING LAW
This Agreement shall be governed exclusively by the laws of California, without regard
to conflict of law provisions
21. EXCLUSIVE VENUE AND JURISIDCTION
Any lawsuits or legal proceeding arising out of or relating to this Agreement in any way
whatsoever shall be exclusively brought and litigated in the federal and state courts of
California. Each Party expressly consents and submits to this exclusive jurisdiction and
exclusive venue. Each Party expressly waives the right to challenge this jurisdiction
and/or venue as improper or inconvenient. Each Party consents to the dismissal of any
lawsuits that they bring in any other jurisdiction or venue.
22. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties related to the matters
specified herein, and supersedes any prior oral or written statements or agreements
between the Parties related to such matters.
23. WAIVER
No waiver of any default shall constitute a waiver of any default or breach, whether of
the same or other covenant or condition. No of any service voluntarily given or
performed by a Party shall give the other Party any contractual right by contractual right
or otherwise.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal
on this
day of , .
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(Client)
Blue Dog Moving LLC
Per:
(Seal) Officer's Name:
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