Errand/Concierge Service Agreement

VIEWS: 1,402 PAGES: 12

More Info
									An Errand/Concierge Service Agreement is an agreement between a client and a
concierge service. The client retains the concierge to perform a variety or specific tasks
on the client’s behalf, and a list of such requirements can be provided in Schedule A.
This form contains both standard clauses and opportunities for the use of optional terms
and conditions making it fully customizable to fit the needs of the contracting parties. A
client should consider contracting for concierge services to help manage day to day
tasks for improve efficiency at a small business.

            THIS      ERRAND/CONCIERGE                  SERVICE          AGREEMENT
CONTRACT (the “Agreement”) made this _______ day of ______________,
201______, by and between __________________ (the “Concierge”) and
_________________ (the “Client”), collectively referred to herein as the “Parties”.

               WHEREAS the Concierge has a business that provides
_______________________ services (hereinafter, the “Services”);
{Instruction: Provide general overview and description of Concierge's business.}

               AND WHEREAS the Client is desirous of obtaining the Concierge’s
Services on the terms and conditions contained herein.

               NOW, THEREFORE in consideration of the foregoing and of the mutual
promises and covenants contained herein, and other good and valuable consideration, the
receipt of which is hereby acknowledged, the Parties hereto agree as follows:


1.01          The Client and the Concierge hereby agree that the Services which are to
be performed by the Concierge for and on behalf of the Client are outlined on Schedule
“A” annexed hereto.

1.02            The Client and the Concierge hereby agree that should the Client require
any additional Services (“Additional Services”) of the Client which are not contained in
Schedule “A” hereto, the Parties shall amend Schedule “A” attached hereto by each Party
initialling such amendment or the Parties shall enter into a new agreement to provide
such other Additional Services.

2.00           CONSIDERATION

2.01           The Client hereby agrees that it shall pay to the Concierge an hourly rate
of __________ ($_____) per hour for the Services of the Concierge plus any and all
transportation costs incurred by the Concierge.

2.02           The Client hereby further agrees that it shall pay to the Concierge any fees
for Services performed by the Concierge that have a flat fee associated with such
Service. Services which may be subject to a flat fee charge, include, but are not limited
to, house-cleaning services and transportation services.

2.03           The Client hereby agrees that the Concierge shall require immediate
payment by the Client, by way of cash or check, for any Services which are performed by
the Concierge that have a flat fee associated with such Service.

© Copyright 2011 Docstoc Inc.                                                            2
2.04           The Client and the Concierge hereby acknowledge and agree that the
Client shall be responsible for any additional costs and expenses incurred by the
Concierge, including but not limited to:

               (i)     post office charges, including but not limited to postage;
               (ii)    courier charges;
               (iii)   long distance telephone charges; and
               (iv)    any other disbursement which may be reasonably incurred by the
                       Concierge on behalf of the Client.

{Instruction: Is is suggested that parties also include the following clause. . . .}

2.05          Concierge agrees that it will not incur additional costs or expenses above
the amount of $___________ without first obtaining Client's specific consent for that
expense or expenses.

3.00           MONTHLY INVOICING

3.01            The Concierge hereby agrees that it shall invoice the Client on a monthly
basis, save for and except for any flat fee Services as set out in Article 2.02 hereof.

3.02          The Concierge shall deliver the monthly invoice to the Client no later than
the ______ day of each and every month.

3.03          The Client hereby agrees that it shall pay all invoices submitted by the
Concierge within ______ day(s) of receiving such invoice by way of cash or check, or by
such other means as the Party hereto in writing may agree.

3.04            The Client herby acknowledges and agrees that the Concierge shall charge
interest to the Client at the rate of _______ (___%) per month on any and all outstanding
invoices or amounts due and owing to the Concierge by the Client.

{Instruction: If this percentage is too high, it will be seen as usurious by a court, and
will not be enforced in those cases. It is suggested that both parties agree on a
reasonable percentage, to avoid this issue.}

4.00           NSF CHECKS

4.01            The Client hereby acknowledges and agrees that should any check provide
by the Client to the Concierge be returned for any reason whatsoever, the Client shall be
invoiced and pay to the Concierge the sum of ______________ ($_________) Dollars, in
additional to the amount originally owed.

5.00           TERM OF AGREEMENT

© Copyright 2011 Docstoc Inc.                                                          3
5.01           The Client and the Concierge hereby acknowledge and agree that this
Agreement shall commence upon the date of execution of this Agreement by each Party
and shall continue for a period of _______________ (_____) weeks/months.

6.00         TERMINATION

6.01          This Agreement may be terminated by either Party at any time and for
whatever reason, upon ______ (___) days’ written notice to the other party.

© Copyright 2011 Docstoc Inc.                                                    4
7.00           LIABILITY

7.01            The Client and the Concierge hereby acknowledge and agree that from
time-to-time the Concierge may refer the Client to the services of third parties. The
Client hereby agrees that the Concierge shall not be held liable or responsible for any
third party’s services which are performed for or on behalf of the Client, that are
unsatisfactory to the Client.

7.02             The Concierge makes no warranty, whether express or implied, that any
referral that is provided by the Concierge to the Client for third party services shall meet
the satisfactory expectations or purposes of the Client.

7.03            The Client hereby acknowledges and agrees that it is the Client’s
responsibility to determine if such referred third party shall meet the Client’s needs.


8.01            Unless mandated by law, the liability of the Concierge, if any, under this
Agreement, shall not exceed the total amount paid by the Client to the Concierge for the
duration of this Agreement.

8.02            The Concierge shall not be liable for any damages, including but not
limited to, loss of profits, which are incidental or consequential, should the Concierge be
advised as to the possibility of such damages.


9.01           The Parties hereby commit to good-faith negotiations for a period of
_______ (___) days from the date of notice by one Party to another that there is a dispute
between the Parties arising out of or relating to the validity, construction, meaning,
performance or effect of or the rights and liabilities of the Parties hereto with respect to
this Agreement (the “Dispute”), prior to referring the dispute to arbitration. If after the
_______ (___) day negotiation period, the Dispute persists, the Dispute shall be
determined by arbitration pursuant to the Arbitrations Act _______________
[PROVIDE NAME OF ACT OR STATUTE], by a panel of three (3) arbitrators, one to
be appointed by each disputing Party within ________ (___) business days after the end
of such _______ (____) day negotiation period, and a third to be appointed within
_________ (___) business days thereafter by the two arbitrators appointed by the Parties.
If one of the Parties fails to appoint their arbitrator within such ____________ (____)
business day period, the arbitrator which has been appointed shall conduct the arbitration
with no right for the other Party to subsequently appoint its arbitrator. The award
rendered by the arbitrator or arbitrators shall be final and binding and not subject to
appeal. The arbitrator or arbitrators shall be empowered to determine all questions of law
and fact shall have all powers of the Arbitration Act __________ [PROVIDE
APPLICABLE ACT OR STATUTE] and may grant interim injunctive relief. The
prevailing Party shall be entitled as part of the arbitration award to the reasonable costs

© Copyright 2011 Docstoc Inc.                                                             5
and expenses (including legal fees and disbursements) of investigating, preparing and
pursuing such claim or defence, and the Party enforcing an award shall be entitled to
reasonable costs and expenses (including legal fees and disbursements) incurred in
connection therewith.

{Instruction: The entire above section can be deleted for agreements between parties
who prefer to go to mediation, or to non-binding arbitration, or to Small Claims or
traditional civil courts.}
{Instruction: If both parties do agree to binding arbitration, they can keep the clause
in 9.01 relating to Attorney's Fees going to the prevailing party; or, they can delete that
section, and agree that each party will bear its own costs and cover its own legal fees.}

© Copyright 2011 Docstoc Inc.                                                            6
10.00          RELATIONSHIP

10.01           The Client and the Concierge hereby acknowledge and agree that the
Concierge is an independent contractor with respect to the Services to be performed and
at no time or times shall be considered an employee of the Client.

10.02          The Client and the Concierge further agree that at no time shall the Client
provide benefits, including, but not limited to, medical or dental benefits to the Concierge
or any other employee benefits that would be normally extended to an employee.

11.00          CONFIDENTIALITY

11.01           The Concierge hereby agrees that it will not knowingly provide or
distribute any confidential information of the Client to any third party.

11.02         The confidentiality provisions of this Agreement shall remain in full force
and effect for a period of ___________ (___) years after the termination of this

12.00          NOTICES

12.01          Any notice or other communication required or permitted to be given
under this Agreement shall be in writing and shall be sufficiently given or made by
delivery or by post or by telecopy or similar facsimile transaction (with confirmation of
accurate or complete transmission obtained by sender) or by other electronic means of
communication to the respective Parties. Any notice so given shall be deemed
conclusively to have been given and received when so personally delivered or posted or
so telecopied, transmitted, except that any notice delivered after 5:00 p.m. on the date
prior to a non-business day shall be deemed to have been received at 9:00 a.m. on the
first business day following delivery. Any party may change its address, facsimile
transmission number by notice to the other of them in the manner set out above.

Notices to the Client shall be sent to:

© Copyright 2011 Docstoc Inc.                                                             7


               Fax: (___) _________________

Notices to the Concierge shall be sent to:



               Fax: (____) ________________

© Copyright 2011 Docstoc Inc.                           8

13.01        This Agreement shall be construed as to both validity and performance
and enforced in accordance with and governed by the laws of the Province/State of

13.02          This Agreement shall constitute the entire agreement between the Parties
and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding on either Party to this Agreement except to the extent
incorporated in this Agreement.

13.03            Any modification to this Agreement must be in writing, signed by the
Parties or it shall have no effect and be void.

13.04         The headings utilized in this Agreement are for convenience only and are
not to be construed in any way as additions to or limitations of the covenants and
agreements contained in this Agreement.

13.05          This Agreement may be executed in several counterparts, each of which
when so executed shall be deemed to be an original and such counterparts together shall
constitute one and the same instrument and shall be effective as of the formal date hereof.
This Agreement may be executed and transmitted via e-mail and/or facsimile
transmission and in such event shall be effective and binding on the parties hereto and
their successors and assigns as if originally executed.

13.06           If any provision of this Agreement is found by a court of competent
jurisdiction to be unenforceable, such provision shall not affect the other provisions, but
such unenforceable provision shall be deemed modified to the extent necessary to render
it enforceable, preserving to the fullest extent permissible the intent by the parties set
forth therein.

13.07          Neither party may assign, transfer or delegate any of its rights or
obligations hereunder without the prior written consent of the other party.

13.08           All financial references herein are to United States dollars unless
specifically indicated otherwise. If it is necessary to convert any amounts into United
States dollars, a prevailing commercial bank exchange rate at closing shall be used.

       IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the date first above written,

        DATED this _________day of ____________, 20___.

© Copyright 2011 Docstoc Inc.                                                            9

                                    I have     authority   to   bind   the

or if Client is an individual:

Witness:                            (Client)


                                    I have     authority   to   bind   the

or if Concierge is an individual:

Witness:                            (Concierge)

© Copyright 2011 Docstoc Inc.                                          10
                                    SCHEDULE “A”


{Instruction: Provide detailed list of all services to be performed.}
{Instruction: Is is also suggested that a description of services that will NOT be
performed (if there are any such tasks that are already known) also be enumerated in a
separate list, to help ensure that there is no misunderstanding between the parties, as this
is a common source of conflict in agreements of this type.}

© Copyright 2011 Docstoc Inc.                                                            11

To top