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Owner Operator Agreement
Unique ID
This Agreement is for 3 Years from the Start Date of this Agreement made
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BETWEEN The (SUPPLIER): ALM Sports LLC and The (CLIENT):
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Your Name or Company Name
1. The Supplier agrees to supply goods/services in accordance with the Schedule attached hereto or as subsequently agreed in writing by the parties hereto.
2. It is hereby agreed prior to the signing hereof The Client has had ample opportunity to examine The Supplier’s Terms of Business attached hereto shall be deemed to have unequivocally accepted them.
3. The terms of payment are: 30% gross of Deposited Weekly fee will go to the Supplier; The remaining 70% will go to the Client unless otherwise agreed in writing.
4. The Client must Seek & Attain a Camp Facility, Organize, Coordinate and Maintain Facility, Staffing, Transportation unless otherwise agreed in writing.
5. In the event of cancellation of the Program, where this is beyond the control of the Client and the Supplier, the Client will be paid for any work carried out up to the point of cancellation.
6. The Client shall be deemed an independent contractor and is not an employee, partner, agent, or engaged in a joint venture with Company.
a. Consistent with the foregoing, the Supplier shall not deduct withholding taxes or any other taxes required to be deducted by an employer as the Client acknowledge the responsibility to pay their own taxes as an independent contractor (1099) or into their Business Account.
b. I further acknowledge that I shall not be entitled to any fringe benefits, pension, retirement, profit sharing or any other benefits accruing to employees.
7. In addition to this contract, the Client needs to read and sign the Codes of ethics
(which is found on the last Directors Manual attached to this contract
Client
Clients Name
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First
Last
Camp Location(s)
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Clients Signature
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Clear
Todays Date
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Supplier
TERMS OF BUSINESS
1. All services and goods supplied by The Supplier are subject to terms set out herein and in the agreement attached unless varied in writing by the parties. The signing of the agreement shall be deemed to acceptance of these Terms of Business.
2. All Works, goods and services shall be supplied by The Client to a good a workman like standard in accordance with the Manual so far as the circumstances shall reasonably allow. The supplier shall ensure that the Manual complies in all respects with their requirements, or any authority or any other person entity involved. The Supplier reserves the right to alter or amend the Schedule (which is annexed hereto) at any time if in the absolute discretion of The Supplier the needs of safety so require, following discussions with the Client.
3. The Client must ensure that all necessary licenses, consents and authorities to oversee, teach and/or
coach the Campers have been obtained and shall indemnify The Supplier in respect of liability costs or claims arising therefrom.
4. The Contract price shall be paid strictly in accordance with the terms of payment contained in the agreement.
5. The Supplier shall be responsible for the supplying the services listed in the Operations Manual.
6. The Client shall ensure that all information provided by The Supplier is fully protected from and insured against all risks.
7. The Supplier shall not be liable in respect of any damaged caused to the site(s) or venue(s) either during the event/s or as a result of the erection and/or dismantling of equipment and services unless such damage results from the negligent act or admission of The Client.
8. The Clients shall so far as is reasonably practicable follow the Health and Safety rules and arrangement as set out in The Operations Manual.
9. Unless otherwise agreed in writing by both parties to this Agreement, The Client acknowledges and accepts that: The Client will be responsible for making First-Aid arrangements according to the standards set by the Health and Safety (First-Aid) Regulations 1981 for The Supplier.
10. The Client shall keep secret and shall not use or disclose and shall use his/her best endeavors to prevent the use or disclosure by or to any person any of the Suppliers or The Supplier’s Suppliers confidential information which came to his/her knowledge during the agreement.
The restriction shall apply during and after The Clients engagement without any time limit but shall cease to apply to information or knowledge which the Supplier establishes has in it’s entirety become public knowledge otherwise than through the authorized disclosure or other breach of The Suppliers part of that restriction.
Confidential information means all confidential information relating to the organization, finances, business activities and private activities of The Supplier, The Supplier’s Supplier and either of their employees and agents, suppliers or advisors.
The Client further agrees not to use any information gleaned during the term of this agreement to
directly or indirectly solicit business from any of The Supplier’s Suppliers.
11. The Supplier shall not be liable for any breach of the Agreement or terms hereof where such a breach
was caused by or substantially contributed to by any cause beyond the control of The Client including (without limitation) Act Of God, insurrections riot, civil commotion’s, Government or other enforceable regulations, embargoes, explosions, strikes, labor disputes, fire and exceptionally adverse weather.
12. Any contract to which these terms apply shall be constructed in accordance with the laws of United
States of America and the parties agree to accept the jurisdiction of the courts of United States of America.
SCHEDULES
FINANCES
- No Operators / Franchise fee.
- Owner Operator will receive 70%
- ALM Sports will receive 30% from Weekly payments.
- 3 year Partnership to grow.
THE CLIENT (OWNER OPERATOR) Will, Be But Not Limited To:
- Seeking and Researching Potentially New Locations to host the Camp
- Advertising & Marketing of Assigned and Potentially new Programs;
- Organizing & Coordinating the Camp / Program
- Communicate with potential and current customers (via our ALM Apps, Phone, Email)
- Communicating , Paying and Working with the Facility Owner and their Staff
- Hiring/Firing/ Paying/ and making sure all staffing are in Compliance
- Responsible for all Fees associated with Transportation / Gas / Advertising Wrapping / Insurance / Registration if applicable
- Responsible for Fees associated with Supplies / Equipment (including Water Bottle, T-shirt’s & Bags)
- All Supplies / Equipment must be purchased from the Supplier (unless agreed otherwise written & signed by both parties)
- Creating/ paying for Flyers / Banners / Social Media Ads (or get marketing material from Supplier)
- Make sure ALM Sports Camps & Programs are always in Compliance with Company, City and State Policies,
Laws and Regulations.
- Make all payments / late fees to bank accounts, Apps and all that’s associated with the
managed location. (Clients will have their own ALM Account to Manage)
- Mandated to Attend (or send a Representative) All ALM Annual General Meetings
(which will usually be scheduled for Mar/Apr)
THE SUPPLIER (ALM SPORTS) Will, But Not Be Limited To:
- Give Client the ALM Blueprint of a Successful business and ways of Monetizing service and product
(ALM Operations Manual)
- Keep Business Current of Legality / Operations /Insurance;
- Full Support through in-person (special support personnel), phone, and email
- Website updated
- Give Client an @almsports.com email address
- Give Access to communicate throughout all ALM Network
- Give Updates info / new methods & Techniques
- Work with Client to Acquire New Locations
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I have Read and Understood This Agreement