Service Agreement *
SCROLL TO THE BOTTOM TO ACCEPT.
The signer of this document (the "Client") agrees to enter into a contract with A Tour Of Her Own LLC of 4800 3rd Street NW, Apt 4 (the "Contractor" or "TOHO").
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
1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:
• Historical and Cultural Tourism.
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.
Term of Agreement
3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide at least 30 days' notice to the other Party.
5. In the event that either Party breaches a material provision under this Agreement, the nondefaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
6. This Agreement may be terminated at any time by mutual agreement of the Parties.
7. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the
termination of this Agreement.
8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.
10. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor as follows:
• Payment and contract due two weeks prior to service date unless otherwise noted. Failure to send payment could result in cancellation of services.
Cash, Check, PayPal or other form of payment upon request:
Payable to A Tour Of Her Own
Sent to Kaitlin Calogera
4800 3rd Street NW Apt 4
Washington DC 20011.
11. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
Reimbursement of Expenses
12. In connection with providing the Services hereunder, the Contractor will only be reimbursed for expenses that have been approved in advance.
13. The Contractor will furnish vouchers to the Client for all such expenses.
Return of Property
14. Upon the expiry 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.
15. 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.
16. 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 of this Agreement as follows:
b. A Tour Of Her Own LLC, 4800 3rd Street NW, Apt 4 or to such other address as any Party may from time to time notify the other.
17. 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 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 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.
18. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
Modification of Agreement
19. 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.
Time of the Essence
20. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
21. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
22. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this
Agreement except as expressly provided in this Agreement.
23. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
24. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
25. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
26. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of District of Columbia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
27. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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28. The client agrees to share the release of liability waiver with all members of the group and require that they sign and date prior to participation. Failure to do so could result in the client accepting liability for the participants. The waiver is located at www.atourofherown.com/waiver. The client may request hard copies at the time fo the event.
29. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
30. Video/Photo - A Tour Of Her Own LLC reserves the right to take and use photographs/video without expressed written permission of those included within the photographs/video. TOHO may use the photograph/video in publications or other media material produced, for educational, promotional, marketing or other purposes, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. A person who does not wish to have their image recorded for distribution should make their wishes known by contacting TOHO in writing of his/her wishes and include a photograph within a reasonable amount of time prior to the event. TOHO will use the photograph for identification purposes and will hold it in confidence.
By participating in a TOHO event or by failing to notify TOHO in writing, your desire to not have your image used by TOHO, you are agreeing to release, defend, hold harmless and indemnify TOHO from any and all claims involving the use of your photograph or likeness.
N WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this.