PO Box 2036
Pearl City, HI 96782
INDEPENDENT CONSULTANT AGREEMENT
��������� THIS AGREEMENT made this ______ day of _____________________________ 20____, by and between FunDelicious Creations, LLC, a Hawaii Limited Liability Corporation with its principal business mailing address located at PO Box 2036, Pearl City, HI 96782, hereinafter referred to as �Corporation�, and _________________________ whose address________________________________
hereinafter referred to as �Independent Consultant�.
W I T N E S S E T H
��������� WHEREAS, Corporation is in the business of fund raising, wholesaling / retailing various goods and services and in the conduct of such business desires to have Independent Consultants purchase and resell the product / services described in the training manual.
��������� NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between Corporation and Independent Consultant as follows:
1.������ Independent Consultant will purchase and resell products described in Training Manual from Corporation.
2.������ It is understood and agreed that this agreement shall not be construed as entitling Independent Consultant royalties of any kind.
3.������ The parties hereto agree that this agreement will run for the term of one (1) year from the date hereof and will automatically renew for an identical period with a renewal fee of $59.95 unless terminated in the manner provided herein.� Independent Consultants may terminate this agreement for any reason by giving the Corporation 10 day�s prior written notice of such termination, which notice shall be delivered by hand or postage prepaid to the other party at the address indicated above.� Corporation may terminate this agreement ONLY if Independent Consultant is not abiding to the policies set forth by Corporation.� Independent Consultants fees will NOT be reimbursed.
4.������ It is agreed that Independent Consultant shall be an independent contractor and not an agent or employee of corporation.� Independent Consultant shall be responsible for his / her own acts or inactions.� Corporation is only interested in the results obtained under this agreement and the manner and means of handling sales shall be under sole control of Independent Consultant.� Independent Consultant shall adhere to all laws and ethical standards applicable to sales persons dealing in foods or products of that nature sold by Corporation and shall perform his / her services in a manner consistent with generally acceptable procedures for that profession.� None of the benefits provided by an employer, including, but not limited to, compensation insurance, unemployment insurance and health insurance, will be provided by Corporation to Independent Consultant.� Independent Consultant shall have NO actual or apparent authority to do any acts which would commit or bind corporation to do or forebear from doing any acts or anything, unless specifically so authorized in writing.
5.������ Independent Consultant agree and acknowledge that this agreement does NOT grant exclusive rights of any kind to Independent Consultant and Corporation is free to use other Independent Consultants or persons for similar purposes.� Corporation agrees and acknowledges that Independent Consultant is free of contract to provide similar services to other parties as well.
6.������ The parties agree that the services provided by Independent Consultant for Corporation under this agreement will be performed entirely at the risk of the Independent Consultant and Independent Consultant agrees to indemnify Corporation for any and all liabilities or loss arising in any way out of Independent Consultants performances of this agreement� (Sign attached �Earnings and Disclaimer� form.)
7.������ For a period of twelve (12) months immediately following termination of this agreement, Independent Consultants will not, in the State of _________, directly or indirectly engage in any business competitive with Corporation.� The term �directly or indirectly engage in any business competitive with Corporation� shall include, but not limited to, engaging in business as owners, partners or agents, or as a employee of any person, firm, corporation or other entity engaging in such business, or in being interested directly or indirectly in any such business conducted by any person, firm, corporation or other entity.
8.������ Independent Consultant agrees that in the event of any violation by Independent Consultant of the agreement against competition contained in this agreement that Independent Consultant will pay as liquidation damages to Corporation the sum of $500.00 per day for each part or part thereof that Independent Consultant continues to violate such agreement.� It is recognized and agreed that damages in such event would be difficult or impossible to ascertain, though great and irreparable, and this agreement with respect to liquidation damages shall in no event disentitle Corporation to injunctive relief.
9.������ The provisions of paragraph 6, 7 and 8 above shall survive the expiration or any termination of this agreement.
10.���� In the event a dispute arising out of this agreement, the successful party shall be entitled to recover all of its cost, including, but not limited to, reasonable attorney fee�s and the cost incurred in such disputes.
��������� IN WITNESS WHEROF, the parties have executed this agreement the day and year first above.
FunDelicious Creations, LLC.������������������������������������������������ Independent Consultant
By:���� Richard P. Saunders III�������
��������� Its President����������������������������������������������������������� Print:_____________________________
������������������������������������������������������������������������������������� Sponsoring Member
������������������������������������������������������������������������������������� Member ID #:______________________
PO Box 2036
Pearl City, HI 96782
EARNINGS AND INCOME DISCLAIMER
FunDelicious Creations, LLC. makes every effort to ensure that we accurately represent these products and services and their potential for income.� Earnings and income statements made by our company and its customers are estimates of what we think you can possibly earn.� There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise and level of desire.� There are no guarantees concerning the level of success you may experience.� The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.� Each individual�s success depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past earnings can be duplicated in the future.� We cannot guarantee your future results and/or success.� There are some unknown risks in business and on the internet that we cannot foresee which can reduce results.� We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that FunDelicious Creations, LLC. is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
Independent Consultant (Sign)____________________________ Date:_____________
FunDelicious Creations, LLC. Representative:_____________________ Date:_________