Manage Your Health, Inc hereby appoints has appointed consultants to give advice and offer other services on Recreation and Wellness. The main aim is to provide incentives and thereby, improve the health of the employees. The appointed consultants profess to be in a position to offer the following services to the employees. To hold several instructor–led training sessions, to develop a video for training that would be viewed from the company’s internet site, to develop an incentive program for using the system and to improve health. Creating surveys to assess the training and incentive programs, developing monthly presentations and reports on the work completed are other critical considerations. It is agreed that the initial contract would last for one year then yearly renewals based on the assessment by MYH.
There shall be payment made to the consultants. The payment will be based on the services rendered. The fee agreed is chargeable daily at hundred dollars on a daily basis. Payments are to be made by cheque at the beginning of every month. Any disputes or differences arising from disagreements due to the payment of fees or quality of the services shall be referred to a tribunal at the first opportunity for determination or settlement. Termination of this contract can be done only by either party giving a three months notice in writing. At such developments, the agreement shall stand dissolved.
Upon renewals, the fees for the services shall escalate at a rate of five per cent for every new employee joining the system. All employees joining the program shall respect the service providers and accord them maximum cooperation during the exercise. Any employee who may suffer injury during the course of the programs shall not hold the service providers liable. Note that the company employer shall take any liability arising out of any losses suffered during the practice. The client shall provide all the necessary equipment that may be required for the execution of the program. Any damage to the machines or equipment shall be met by the company employer.
Any party found to breach any terms or conditions set in this agreement shall bear the cost of the breach to the innocent party and also bear the costs of the defendant’s legal fees supporting the view that when terminating a contract, the guilty party should meet the costs incurred (Willmott, 2009).Where the party in breach is the service provider, the hired consultant, no options for renewal would be open to the said party. Breach would also be inferred from offer of non-standard services, which fall far below the reasonable offers in the market. Where the amount to be paid to the consultant is delayed after the date when payment is due, such shall attract interest at the rate prevailing in the market or that used by lending institutions. Parties to this agreement further agree to undertake to execute their duties and not to delegate any of the duties without a prior written consent of the other party. Where there is an agreement as to allow delegation of duties or sub-contracting, there must be an undertaking by the party delegating to substantiate the capability of the sub-contractors’ ability to accomplish the assignment in question. However, this agreement is subject to the implied terms of all laws.