THIS AGREEMENT FOR SERVICE (this "Agreement") dated this ___ day of           , 20__.

 

B E T W E E N:

 

(hereinafter referred as the "Client")

-and-

  (hereinafter referred as the "Service Provider")

BACKGROUND:

A. The Client is desirous of retaining the services of the Service Provider.

B. The Service Provider 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 parties to this Agreement agree as follows:

Services Provided

1. The Client hereby agrees to engage the exclusive services of the Service Provider to provide the Client with services (the "Professional Services") consisting of Fundraising. The Services will also include any other tasks which the parties may agree on. The Service Provider hereby agrees to provide such Services to the Client.

Term of Agreement

2. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect for a period of one (1) year from the date of execution of this  Agreement, with the said term being extended by mutual written agreement of the parties.

Performance

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

4.  The Service Provider shall be in control of all fundraising activities of the Client.  The Client will not engage in fundraising and will not engage any other person or company to engage in fundraising.  All potential fundraising personnel or donors will be referred to the Service Provider.

5.  The parties will comply with all federal and provincial laws and refrain from engaging in any unlawful activity or any activity which might bring the reputation of either party to this Agreement into disrepute.

6.  After obtaining a charitable number from the Canada Revenue Agency, all donations will be issued a tax deductible receipt.

7.  On receipt of funds into a designated account the Service Provider will hold back the fees outlined herein and forward the balance to the Client on a monthly basis.

Compensation

8.  For the services rendered by the Service Provider as required by this Agreement, the

Client will pay to the Service Provider compensation on the following basis:

The Service Provider will be paid a fee total of 30% of Funds raised, pledged, or gift in kind value, during the term of the Fundraising engagement. The Service Provider will only be reimbursed an amount not to exceed 5% of the total funds raised for prior approved extraordinary monthly travel expenses (mileage & motel, and pro‐rated with other projects where possible, and any out of the ordinary approved expenses), incurred by a representative of the Service Provider, while working on this project.

Confidentiality

9. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Client, which the Service Provider has obtained, except as necessary or desirable to further the business of the Client. This obligation will survive indefinitely upon termination of this Agreement.

Ownership of Materials

10. All materials developed, produced, or in the process of being so under this Agreement, will be the property of the Client.

11. The Service Provider may retain use of the said materials and will not be responsible for damages resulting from their use for work other than services contracted for in this Agreement.

Return of Property

12. Upon the expiration or termination of this Agreement, the Service Provider will return to the Client any property, documentation, records, or confidential information which is the property of the Client.

Assignment

13. The Service Provider may assign or otherwise transfer its obligations under this Agreement with the written consent of the Client to a corporation or other entity controlled by the Service Provider.

Capacity/Independent Contractor

14. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Service Provider and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Modification of Agreement

15. 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.

16.  At the time of the signing of this Agreement The RINJ Foundation is an incorporated entity. 

Notice

17. 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:

1. The RINJ Foundation  

2. Fund Raiser 

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

Costs and Legal Expenses

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.

Entire Agreement

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

Enurement

20. This Agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns.

Governing Law

21. It is the intention of the parties to this Agreement that this Agreement be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Ontario..

Severability

22. 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

24. 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 executed this Service Agreement this ___ day of      , 20__

SIGNED, SEALED AND DELIVERED

in the presence of

 

__________________________

Witness

 

The RINJ Foundation 

Per: __________________________

Executive Director

 

__________________________

Witness

 

Fund Raiser

Per: __________________________

 

__________________________

Witness