A R ENGH’S CHOOSE BETTER AIR
MASTER SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") BETWEEN:
CLIENT (You) &
CONTRACTOR (A R Engh)
150 Olsen BLVD NE. Cokato, MN 55321
BACKGROUND:
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
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the
"Services"):
Air Duct Cleaning;
Air Duct Cleaning & Sanitization; and
Dryer Vent Cleaning.
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
The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to
provide services to the Client.
The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in
this Agreement.
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
Air Duct Cleaning;
Air Duct Cleaning & Sanitization; and
Dryer Vent Cleaning.
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.
PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in
COMPENSATION
The Contractor will charge the Client for the Services as follows (the "Compensation"):
Air Duct Cleaning: The Client will pay Contractor $350 for air duct cleaning, which covers up to 20 air vents within the home. Each additional vent beyond 20 will be charged to the Client at $15 per vent.
Air Duct Cleaning & Microbial Sanitization: The Client will pay Contractor $350 for air duct cleaning, which covers up to 20 air vents within the home. Each additional vent beyond 20 will be charged to the Client at $15 per vent. In addition, microbial sanitization will be charged to the Client at a flat fee of $150.
Dryer Vent Cleaning: The Client will pay Contractor $99 for dryer vent cleaning. If coupled with an air duct cleaning purchase, this price is void. It is $100 only if purchased by Client as one-off cleaning.
Invoices submitted by the Contractor to the Client are due upon receipt.
In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
The Contractor will not be reimbursed for any additional expenses incurred in connection with providing the Services of this Agreement.
TRADE SECRETS
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.
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 authorized 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.
CAPACITY / INDEPENDENT CONTRACTOR
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. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
CLIENT RELEASE
The Client hereby assigns the Contractor the irrevocable and unrestricted right to use and publish photographs and videos taken as a result of this Agreement for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.
INDEMNIFICATION
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.
MODIFICATION OF AGREEMENT
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.
ASSIGNMENT
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
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota.