Terms of Agreement The terms of the Agreement shall last until the completion of the services subject to earlier termination as defined in this Agreement.
Invoice The payment of the invoice shall fall within ten days of receipt or as otherwise agreed in writing.
Late Fees Company shall charge twelve percent (12%) interest per annum for any invoices more than 7 days after the invoicing date.
GENERAL TERMS
Indemnification CLIENT AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS COMPANY FROM ANY AND ALL MANNER OF DAMAGES, CLAIMS, LOSS, LIABILITIES, COSTS OR EXPENSES INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES AND RELATED COSTS, ARISING OUT OF OR RELATED TO COMPANY'S SERVICES, EXCEPT WHICH MAY ARISE FROM THE GROSS NEGLIGENCE OR INTENTION AND WILLFUL MISCONDUCT.
Limitaion of Liability IN NO EVENT SHALL THE COMPANY BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ACT OR OMMISSION RELATING TO THE SERVICES. IF THE COURT FINDS ANY LIABILITY FOR COMPANY, IT SHALL NOT EXCEED THE AMOUNTS PAID UNDER THIS CONTRACT.
Intellectual Property Company shall retain all rights in its intellectual property and Client warrants it will only use the materials on a limited non-commercial license.
Assumption of Risk Client understands the inherent risks involved with these services and assumes the risk for any damage that may befall his or her property or person. Company shall use commercially reasonable procedures.
No Guarantee of Results Company uses commercially reasonable procedures, however, cannot guarantee any results. The results largely vary upon the individualized circumstances. The services are generally meant for educational purposes and general trends compared to personalized plan.
Governing Law and References The laws of the State of Washington shall govern this agreement. All references made to the legislative or administrative acts of any jurisdiction include any amendments and successor acts. The Jurisdicaiton shall be Mason County, Washington.
Review Each party had the opportunity to review this Agreement. Each Party hereto has been advised of such Party's right to obtain independent counself to represent such Party with respects to the execution of this Agreement and each Party has been encouraged to seek such counsel. Each Party acknowledges and represents and warrants that such party either has had the benefit and advice and counsel of such Party's respective independent attorney in connection with the formation, preparation, discussion and execution of this Agreement and all matters incidental to it, or has knowingly waived such Party's right to the same.
Counterparts/Multiple Signature Pages This Agreement may be signed in counterparts, each of which shall constitute a duplicate original. To facilitate execution, multiple signature pages may be executed by the Parties with the same force and effect as if all Parties had signed the same pages.
Waiver No waiver or modificaiton of any of the express terms of this Agreement shall be effective unless it is in writing and signed by the Party against whom the waiver or modificaiton is asserted; and each of the Parties irrevocably waives any right to assert any verbal waiver or modification by the other of any of the express terms and conditions of this Agreement.
Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties, affiliates, employees, shareholders, directors, agents and beneficiaries. Any beneficiary shall receive all rights received under this agreement.
Entire Agreement/Severability This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof, hereby superseding any and all prior agreements and understandings concerning the subject matter hereof and is severable so that if any provision hereof is deemed illegal or unenforceable, the remainder of the Agreement shall remain fully valid and in full force and effect.
Effective Upon Execution This agreement shall become effective at such time as all Parties have assigned their names hereto.