PARTIES
- This Practitioner Agreement (hereinafter referred to as the “Agreement”) is entered into on ________________ (the “Effective Date”), by and between [Practitioner name], with an address of ________________, (hereinafter referred to as the “Practitioner”) and Dragonfly Reiki Marketplace, with an address of 1967 Hanwell Road, Hanwell, NB, (hereinafter referred to as the “Host”) (collectively referred to as the “Parties”).
- The Host agrees to perform the following services for the Practitioner:
- House and maintain a digital platform for the Practitioner to connect with clients and schedule Reiki services.
- Collect payments on behalf of the Practitioner at the time of booking, and transfer them to the Practitioner by their method of choice (direct deposit, e-transfer, PayPal, Venmo) bi-weekly.
- Remit GST/HST/PST,whichever is applicable, for Practitioners located in Canada, subject to paragraph 3 herein below.
- The Practitioner agrees to compensate the Host an amount of 20% per session, which amount shall be deducted from the price paid by the client, prior to the transfer to the Practitioner.
- For Practitioners earning less than $30,000.00 CAD per annum, the Host will collect and remit PST/HST/GST, as applicable, in Canada.
- Practitioners earning more than $30,000.00 CAD per annum are responsible for their own sales tax reporting and remittance in their local tax jurisdiction.
- All terms and conditions of this Agreement and any confidential information must be kept confidential, unless the disclosure is required pursuant to process of law.
- Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Parties.
- The Parties agree that the confidentiality clause in this Agreement will remain active and in power even upon the termination of this Agreement.
- The Host agrees that any intellectual property provided to him/her by the Practitioner will remain the sole property of the Practitioner, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
- The Host will refrain from using such intellectual property upon the termination of this Agreement.
- This Agreementshall be governed by and construed in accordance with the laws of New Brunswick, Canada.
- Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration in accordance with, and subject to the laws of New Brunswick, Canada.
- The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
- Accordingly, any amendments made by the Parties will be applied to this Agreement
- The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party, unless consented to by both Parties in writing.
- This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.
- The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organization, person, business or law/governmental regulation.
- The Host warrants to complete the Services listed in this Agreement; however, the Host does not represent or warrant that such services provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits.
- In addition to the above, the Host holds no responsibility towards the Practitioner in the event that the delivered work does not lead to the Practitioner’s desired results.
- Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.
- In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
- The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their signatures below:
| HOST Name:____________________________ Signature:_________________________ Date:_____________________________ | PRACTITIONER Name:____________________________ e-Signature:_________________________ Date:_____________________________ |
