GENERAL SERVICE AGREEMENT PRINT AND SIGN OR ACKNOWLEDGE ELECTRONICALLY

THIS GENERAL SERVICE AGREEMENT (the “Agreement”) dated this ________ day of ________________, ________

BETWEEN:

Client

__________________________________

Contractor

Yoga Energy Pty Ltd

ABN: 21635041048

Suite C6, Level 1, Alison Crescent, Menai 2234

(the “Contractor”)

BACKGROUND

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  2. 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 as follows:
Services Provided

  1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
    •Yoga Group Classes, namely Hatha, YIN, Restorative, Vinyasa Flow and Slow Flow, Kids, Meditation, Yoga Therapy, iREST, Reiki, Yoga Retreats, Yoga Workshops
  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

  1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until, subject to earlier termination as provided in this Agreement. The Term may be extended with the written /online consent of the Parties.
  2. In the event that either Party wishes to terminate this Agreement prior to 1 December 2020, that Party will be required to provide 31 days’ written notice to the other Party.

Performance

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Payment

  1. The Contractor will charge the Client for the Services of the chosen membership ORANGE, YELLOW or FAMILY per month (the “Payment”). Unless either arranged.
  2. The Client will be invoiced on 1st of every month for 12 consecutive payments, 15th of each fortnight, weekly on the purchased date.
  3. Invoices submitted by the Contractor to the Client are due within an agreed date of the receipt.
  4. The above Payment includes all applicable sales tax and duties as required by law.
  5. The client will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

Trade Secrets

  1. Trade secrets (the “Trade Secrets”) include but are not limited to any data or information, technique or process, tool or mechanism, formula or compound, pattern or test results relating to the business of the Client, which are secret and proprietary to the Client, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to the Client.
  2. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Trade Secrets which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

Ownership of Intellectual Property

  1. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.
  2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Return of Property

  1. 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.

Capacity/Independent Contractor

  1. 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.

Notice

  1. 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 at the following addresses:
    a. Yoga Energy Pty Ltd
    Suite C6, Level 1,152-194 Allison Crescent, Menai 2234

or to such other address as either Party may from time to time notify the other.

Australian Company Number (ACN)

  1. The Australian Company Numbers (ACN’s) for the Parties to this Agreement are as follows:
    a. Yoga Energy Pty Ltd: 21635041048

Indemnification

  1. 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 directors, shareholders, 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 directors, shareholders, 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.

Additional Clause

  1. Yoga Energy Pty Ltd Memberships will be charged monthly, fortnightly or weekly to your nominated bank account for 12 months on the first day of every month for a period of 12 months from the date of registration. However, clients may opt out after a month with written notice of 30 days

Registrations that occur after the first day of each month will be required to pay a to top up that month or fortnight until the direct debit occurs on the first of the following month or fortnight after registration

Early contact cancellation may be negotiated due to hard ship, travel, sickness, by paying an early exit fee of one month’s membership plan after 6 months of the contractual term.

Contract may be transferred to another person, after 6 months of the purchased membership, in writing to Yoga Energy Pty Ltd.
Modification of Agreement

  1. 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 authorised representative of each Party.

Time of the Essence

  1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

  1. 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.

Entire Agreement

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

  1. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

  1. This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales.

Severability

  1. 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.

Waiver

  1. 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.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

Client/Member
Signature____________________________

Name_______________________________

Yoga Energy Pty Ltd

Signature____________________________

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