Contract

    STANDARD AGREEMENT UNDER INDEPENDENT CONTRACT

    This understanding and agreement is made between of , a doing business in the State of and having a principal place of business at:
    ( must be street, not PO Box address), and Allison Bliss Consulting, a Sole Proprietorship owned by Allison Bliss doing business at 1631 Sixth Ave., Oakland, CA 94606 (Consultant), on the following terms:

    1.    SCOPE AND DUTIES

    Consultant provides marketing and communications consultation services to the general public on an hourly or other contract basis. Client wishes to retain Consultant's services to perform certain marketing and communication services for Client's business as requested by Client from time to time, and Consultant agrees to perform her personal services for the Client under independent contract.

    Consultant shall perform her services primarily from her offices, or from such other location(s) as may be appropriate or requested by Client for purposes of efficiently carrying out the work. In the performance of her work, Consultant shall utilize her own automobile, office equipment and supplies, and she shall be entitled only to such reimbursement as is set forth in Paragraph 3 of this Agreement.

    Consultant shall control the method and manner of performance of her services, and she will keep Client informed of the progress of her work on a periodic basis, or more frequently at Client's request.

    2. CONSULTANT FEES

    Client understands that Consultant bills for her time expended in the performance of her services for Client's work, however conducted, such as in face-to-face meetings; conferences by telephone, online conferences, digital communications, or email; preparation of drafts of writings and communications to others; document preparation; review of materials; research; travel time and other work related to the project. Consultant charges a minimum of .2 units of hours for her services.

    Client agrees to pay Consultant for all services rendered by her for Client at the hourly rate of $180. Pre-payments or retainers are not refunded, but can be used for services for 6 months after payments are made.

    Client understands that payment is due at the time services are rendered, and upon receipt of an invoice from Consultant. For marketing & communications services additional to consulting or marketing plans, Payment of estimate in full shall be made prior to commencement of services. Exceptions and time extensions can be agreed to in writing, however any unpaid balances shall bear interest at the rate of 10% per annum, or 1.5% per month. Consultant shall have the right to withdraw her services until any unpaid balance is made current.

    3. COSTS AND EXPENSES

    Consultant may incur various costs and expenses in performing her services under this Agreement. Where requested by Client for producing promotional materials, Client agrees to pay for the following costs and expenses: international telephone calls, messenger and delivery fees, reproduction costs, parking, and any other expenses necessary for producing promotional materials, reports or other materials as requested by Client. Consultant will prepare estimates for Client before commencement of work. Client will remit reimbursement within ten (10) days of billing. Client may request reasonable documentation. Client agrees to advance pay for transportation, meals, lodging, and all other costs of any necessary out-of-town travel.

    4. LIABILITY OF ALLISON BLISS CONSULTING

    Consultant shall take reasonable precautions to safeguard materials provided by the Client. Consultant shall not be liable for any damage or loss of any material provided by the Client, including documentation, artwork and copy, photographs, transparencies, or manuscripts, other than on account of willful neglect or gross negligence of Consultant. Nor shall Consultant be held responsible for any negligence, price change, delay or action of it’s third-party suppliers.

    5. RIGHTS & OWNERSHIP

    All services provided by Consultant are for the exclusive use of the Client other than promotional use of Consultant. Reuse rights may be charged for illustration, design, and photography under U.S. copyright law. Consultant shall return all materials provided by the Client, upon request, within 30 days after completion of the project and payment of amounts due. Artwork and specifications for which reproductive rights have been granted will be the responsibility of and will be retained by Consultant on behalf of the Designer for no more than 6 months from the signing of this agreement. Exceptions and time extensions can be agreed to in writing.

    6. GENERAL PROVISIONS:

    1. This Agreement supersedes any prior agreement or understanding of the parties, whether oral or written, and may be modified only in a writing signed by both parties.

    2. Client understands and agrees that Consultant does not guarantee or promise any outcomes or results of Client’s matter, and nothing contained herein or in Consultant’s statement shall be so construed, unless expressly set forth hereunder. In the event of any dispute which may arise between the parties in connection with any alleged breach of any duty or right of the parties pursuant to this Agreement, it is expressly agreed between the parties that limitation of liability and/or monetary damages shall not exceed that sum which represents the fee charged by Consultant under this Agreement, i.e. said sum shall serve as a “cap” on damages which either party may attempt to recover from the other party. In no event shall either party be liable for lost revenues, profits, incidental or special damages of the other party.

    3. This Agreement is executed in the State of California, and shall be governed by the laws of the State of California. Jurisdiction for resolution of any disputes shall be in a court of competent jurisdiction in Oakland, California, or in such other jurisdiction as is mutually agreed by the parties. The prevailing party in any litigation or arbitration shall be entitled to recover his/her reasonable attorney fees and costs from the other party.

    7. For clients taking our “Walking with Bliss: Idea Lab”:https://allisonbliss.com/walks-home/

    Walking consultations (“Walks”) are at the risk of the Client. Client voluntarily assumes all risks associated with these Walks, including, but not limited to, slipping and falling, dog attacks, and risks associated with crossing streets and automobiles. Client hereby voluntarily and expressly releases Consultant from all actions, claims, and demands that Client, its assignees, heirs, distributes, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from Client’s participations in these Walks. Walks are offered as an option to clients. However, Consultant has the complete authority and discretion to postpone or cancel Walks due to inclement weather, client safety, or for any other reason. In the event of cancellation, Client shall have the option to continue unused consulting time by telephone or reschedule the walk within 2 months instead.

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