SERVICE AGREEMENT
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This service agreement is made and effective this 29 day of March, 2008, BETWEEN: School Name , an Educational Institution organized and existing under the laws of the state of California with its office located at: street, city, state, zip code. Inspiring Holistic Health, a business organized and existing under the laws of the state of California with its office located at: 2315 Kilkare Road, Sunol, California, 94586.
AND:
BACKGROUND:
A. The Food Fairy Presentation by Shana Hafelfinger of Inspiring Holistic Health. B. This presentation has been especially designed by Inspiring Holistic Health, to educate and inform children of healthy food options. It is not a specific health regime designed for any one individual and therefore encompasses a broad range of nutritional topics. The Customer is of the opinion that the service provider has the necessary qualifications, experience and abilities to provide services in connection with the business of the Customer.
C.
D. The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this Agreement.
ENGAGEMENT
1. The Customer hereby agrees to engage the Service Provider to provide: a. The Customer with services consisting of providing an approximately thirty five minute presentation on identifying healthy foods from unhealthy foods by using an easily understood method of comprehension recommended for pupils from Kindergarten through to Fifth Grade. The Service Provider will provide: i. The Costumer with one original copies of ‘The Food Fairy’ information package, prior to the date of the Engagement.
b.
ii. The Customer shall be responsible for providing and the delivering of a paper copy of the information package to the pupils/parents. iii. The preferred method of delivery is via an email newsletter, alternatively, where email is not accessible a hard copy shall be provided. iv. The Food Fairy information package is available to all on the service providers web site – www.thefoodfairy.mac
c.
It is the Customers responsibility to inform the Service Provider, two weeks prior to the engagement of the appropriate digital format in which the information package shall be delivered to the parents. The Customer shall: i. Allow the Service Provider a minimum of 30 minutes prior to the presentation for equipment assembly and other initial checks such as, the sourcing of power units. It is the responsibility of the Customer where possible to provide the Service Provider with access to an overhead projection system and where possible with assistance to connecting this system to the Service Providers, IT Platform. Service provider requires a 2 day in advance appointment to test customers overhead projector for compatibility with its own IT platform. Where no overhead projection or assistance with the connection thereto can be provided, the Service Provider will supply its own IT Platform and Monitor for the delivery of the presentation.
d.
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e.
Where the Service Provider is required to deliver the presentation to a number that unreasonably exceeds 100 pupils, the Customer shall provide: i. The Service Provider with access to a PA system, so that the delivery of the presentation may be heard by all attendees and It shall also be the Customers responsibility to provide assistance to the Service Provider in ensuring that the PA system is fully functional.
ii.
f.
The Service Provider recommends that the number of attendees present should not unreasonably exceed 200 and the forum for the presentation should be in a multi-purpose room or auditorium. The Service Provider/Presenters have up to date Californian Public School required Tuberculosis testing with negative results.
g.
1.2 …and such other services as the customer and the service provider may agree upon from time to time, and the service provider hereby agrees to provide the services to the customer.
TERMS OF AGREEMENT
2. The Terms of this Agreement : i. Will begin on the date of this agreement and will remain in full force and effect until Termination Date subject to earlier termination as otherwise provided in this Agreement, with the said Term being capable of extension by mutual written agreement of the parties. There shall be three weeks notice for any cancellation on the Customers part, to release all responsibility for payment. Where cancellation occurs
ii.
within three weeks of the date scheduled, the Customer shall be required to provide compensation in full, to the Service provider payment. iii. Alternatively, where cancellation has occurred within three weeks of the schedule date, the Customer, rather than compensating the Service Provider, shall re-schedule the date for the original service which was to be provided. Where re-scheduling is to occur, it must take place within the current school year and the Customer may not re-schedule on more than any one occasion within that year.
iv.
PERFORMANCE
3. Both parties agree to do everything necessary to ensure that the terms of this agreement take effect.
COMPENSATION
4. For the services provided by the Service Provider under this agreement, the Customer will: i. Pay to the Service Provider compensation in the amount of $250.00 per presentation and $50.00 for each presentation thereafter, provided that each of the subsequent presentations falls under the same date as the initial. The initial $250.00 fee is the minimum amount of compensation to be given to the Service Provider in consideration for the Service Providers services. Where it may be required by the Service Provider to do more than one presentation on the same day the minimum charge still remains and each subsequent presentation shall be compensated for at the amount of $50.00 per presentation. The Customer agrees that the amount due to be paid in compensation for the services provided by the Service Provider will be due on the date that the services are provided. This may be amended with the prior consent of the Service Provider. Compensation is to be paid by way of a check made out to the Service Provider unless otherwise agreed that a payment in cash is to be accepted or unless agreed that compensation is to be made in some other form that is agreed between that parties as reasonable.
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RETURN OF PROPERTY
5. Upon expiry or termination of this Agreement the Service Provider will return to the Customer any property, documentation, records or Confidential information which is the property of the Customer.
NOTICE
6.
All notices, requests, demands or other communications required or permitted by the Terms of this Agreement : i. Will be given in writing and will be served personally, by email, by facsimile or by registered mail. The parties if so agreed may wish to convey any notice by telephone, however all notices made by such method, the content of which, includes any form of payment, any agreement for services, any cancellation of services or any other matter deemed to be of importance by the parties, shall be followed up by writing to the respective party. This list of matters is not exhaustive and is open for other matters depending of the agreement of both parties. The address for any notice to be delivered to any of the parties of this agreement, are as follows:
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a.
The School name, address, city, state, zip, goes here……(just like the next line-below Inspiring Holistic Health, 2315 Kilkare Road, Sunol, California, 94586, Or to such other address as to which any party may from time to time notify the other.
b.
CONFIDENTIALITY
7. The Service Provider acknowledges that: i. A material term of the agreement with the customer is to keep all confidential information belonging to the customer absolutely confidential and protect its release to the public. The service provider agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the service provider has obtained or which was disclosed to the service provider by the customer. The service provider may disclose any of the confidential information: a. To a third party where the customer has consented in writing to such disclosure andTo the extent required by law or by the request or the requirement of any judicial, legislative, administrative or other governmental body.
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b.
ASSIGNMENT
8. This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of Law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.
CAPACITY/INDEPENDENT CONTRACTOR
9. It is expressly agreed that the Service Provider is acting as an Independent Contractor and not as an employee in providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them.
MODIFICATION OF AGREEMENT
10. 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.
IMPORTANT DISCLAIMER
11. The Service Provider cannot be held to be liable for any adverse affects which may arise as a result of the information provided by the Service Provider where the Service Provider has not been informed of any of the Attendees individual sensitivities or potential allergic reactions to any of the recommendations that the Service Provider may provide. It is the responsibility of the Customer to ensure prior to the presentation that each individual has been sufficiently screened for any such reactions and it their duty to inform the Service provider of such information.
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IN WITNESS WHEREOF the parties have duly executed this, this 29 day of March, 2008(change date).
CUSTOMER
SERVICE PROVIDER
_____________________________ Authorized School Representative
_____________________________ Shana Hafelfinger
_____________________________ Date
_____________________________ Date