This Agreement is made effective as of , by and between:
Hereafter to be known as (the "Company"), and Wiseman Strategies, of 1875 West 2300 South, Salt Lake City, Utah 84119.
In this Agreement, the party who is contracting to receive services shall be referred to as the Company, and the party who will be providing the servies shall be referred to as "Wiseman Strategies".
Wiseman Strategies has a background in Talent Optimization and is willing to provide services to the Company based on this background.
The Company desired to have services provided by Wiseman Strategies.
Therefore, the parties agree as follows:
1. Description of Services
Beginning on the effective date listed above, Wiseman Strategies will provide the services (collectively, the "Services"):
2. Performance of Services
The manner in which the Services are to be performed and the specific hours to be worked by Wiseman Strategies shall be determined by Wiseman Strategies. The Company will rely on Wiseman Strategies to work as many hours as may be reasonably necessary to fulfill Wiseman Strategie's obligations under this Agreement
The Company will pay a fee to Wiseman Strategies for the Services in the amount of $ . This fee shall be payable in a lump sum upon completion of the Services.
4. New Project Approval
Wiseman Strategies and the Company recognize that Wiseman Strategie's Services will include working on for the Company. Wiseman Strategy shall obtain the approval of the Company prior to the commencement of a new project.
This agreement shall be effectrive for a period of Months.
6. Relationship of Parties
It is understood by the parties that Wiseman Strategies is an independent contractor with respect to the Company and not an employee of the Company. The Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Wiseman Strategies.
7. Injuries and Insurance
Wiseman Strategies acknowledges Wiseman Strategie's obligation to obtain appropriate insurance coverage for the benefit of Wiseman Strategies (and/or Wiseman Strategie's employees, if any). Wiseman Strategies waives any rights to recovery from the Company for any injuries that Wiseman Strategies (and/or Wiseman Strategie's employees) may sustain while performing services under this Agreement and that are a result of the negligence of Wiseman Strategies or Wisemen Strategie's employees.
Wiseman Strategies agrees to indemnify and hold harmless the Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that results from the acts or omissions of Wiseman Strategies, Wiseman Strategie's employees, if any, and Wiseman Strategie's agents. The Company agrees to indemnify and hold harmless Wiseman Strategies from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Wiseman Strategies that result from the acts or omissions of the Company, The Company's employees if any, and the Company's agents.
9. Return of Records
Upon termination of this Agreement, Wiseman Strategies shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in Wiseman Stategie's possession or under Wiseman Strategie's control and that are the Company's property or relate to the Company's business.
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
If for the Company
If for Wiseman Strategies
D. Anthony Wiseman
1875 West 2300 South
Salt Lake City, Utah, 84119
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
11. Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
If any provision 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 an provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Waiver of Contractual Right
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement
15. Applicable Law
This Agreement shall be governed by the laws of the State of Utah
16. Interruption of Service
Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection laws proclamations, edits, ordinances
regulations, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties respective obligations hereunder shall resume. the event the interruption of the excused party's obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party
Wiseman Strategies agrees that it will not assign, sell, transfer, delegate or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment, transfer, or delegation shall be null and void. Nothing in this Agreement shall prevent the consolidation of the Company with, or its merger into, any other corporation, or the sale by the Company of all or substantially all of its properties or assets, or the assignment by the Company of this Agreement and the performance of its obligations hereunder to any successor in interest or any Affiliated Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above.