This CONSULTATION AGREEMENT (Agreement)
is signed on: ____________between Mr. Checkout Distributors,
Inc., 1650 SW 22nd Ave. Circle, Boca Raton, FL 33486 Tel: 561-367-0076
Fax: 561-367-0021 - a Florida corporation (Consultant) and:
___________________________________________________________________________
___________________________________________________________________________
______________________________________________________________________(Client)
Please include complete name, address and telephone numbers
The
parties agree as follows:
1. RECOMMENDED MARKETING AREA (RMA). The Client has
entered into this Agreement that permits Client to promote and
/ or sell the Products in a RMA as follows:
____________________________________________________________________________
The RMA as described is where the Client shall concentrate
his /her efforts. Any adjustment to the above will be based
upon geography, demographics and population and must be approved
by the Consultant.
2. PROGRAM SELECTED. The Consultant(s) will come to
the Client's RMA to assist in the procurement of ______ retail
locations under Plan _____for the amount of $_____________On-the-job
training will commence on or about _______________________________
. $1,000.00 Deposit paid on ________________ to hold RMA and
Training Week(s). Balance of $________________ due 3 weeks before
1st Training Week. Inventory will be ordered 2 weeks prior to
Training Week direct from Recommended Suppliers. Inventory costs
are NOT included in Plans.
3. THE CONSULTANTS
DUTIES. The Consultant will provide, within the Client's RMA, assistance in
the planning and development of a Wagon-Jobber Wholesale Distribution Route. The
following will be provided: (a) Recommend suppliers and wholesalers; (b) Consult
in inventory ordering prior to and during the on-the-job consulting; (c) Consult
with marketing materials and business forms; (d) Provide information to assist
with growth and expansion; (e) Consult in making presentations to prospective
retail account locations; (f) Consult in selling and invoicing retail account
locations for training purposes. For the purpose of this Agreement, a retail account
location is defined as a retail store that is invoiced for the Client's merchandise.
In the unlikely event the total number of contracted retail locations are not
invoiced durinthe training week(s), the Client will be reimbursed $100 per location
not invoiced. (g) Recommend market niches and competitive pricing strategies;
(h) Review terms of sale of recommended suppliers through training period.
4.
ETHICS. It is agreed that this is an Agreement to provide Consulting Services
designed to meet the needs of the Client to engage in or enhance the Clients wagon-jobbing
business. It is understood that this is a Consulting Agreement and not a franchise
offering nor a sale of a business opportunity nor a security offering, and the
Client shall operate as an independent contractor. The Client shall have full
control over his or her route business and full control over all marketing methods.
The Client must operate under his or her own name or other trade or assumed name
that may not include the Consultant's trade name.
5. WARRANTIES &
REPRESENTATIONS. The parties agree that this document contains all of the
services, terms, promises, warranties, conditions and representations agreed to
between the parties upon which each have relied and no other promises or representations
have been made by either party.
6. CONSTRUCTION OF AGREEMENT. The
agreement executed in multiple counterparts, is to be constructed as a Florida
contract, set forth the entire contract between the parties, is binding upon and
can only be altered, modified or amended by a written instrument signed by both
the Client and Consultant. The terms of this agreement shall be governed by the
law of the State of Florida and the only venue shall be in the State of Florida.
Any dispute over this agreement shall be submitted to the court of proper jurisdiction
in Palm Beach County in the State of Florida and governed by Florida law.
IN
WITNESS WHEROF, the parties have signed this Agreement as of the day and year
first above written.
By: _____________________________________________________Date:__________
Robert A. Goldstein, President, Mr. Checkout Distributors, Inc.
By:
_____________________________________________________Date:__________
Client
______________________________________________________________________
Client's EIN or SSN