Spa Maintenance Contract
Spa Maintenance Contract
This Spa Maintenance Contract (hereinafter referred to as the "Contract") is made and entered into as of [Date] by and between:
[Your Company Name], a company duly incorporated and existing under the laws of [State/Country], with its principal place of business located at [Your Company Address], (hereinafter referred to as the "Spa"),
and
[Contractor's Name], with its principal place of business located at [Contractor Address], (hereinafter referred to as the "Contractor").
WHEREAS, the Spa desires to maintain its facilities in excellent condition to ensure the comfort, safety, and satisfaction of its clients;
WHEREAS, the Contractor is engaged in the business of providing maintenance services and has the necessary skills, qualifications, and expertise to perform such services;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows:
1. Scope of Services
1.1 Maintenance Services
The Contractor agrees to provide the following maintenance services to the Spa (hereinafter referred to as the "Services"):
1.1.1 HVAC Maintenance: Regular inspection, cleaning, and servicing of heating, ventilation, and air conditioning systems.
1.1.2 Plumbing Maintenance: Inspection and repair of plumbing systems, including pipes, drains, and fixtures.
1.1.3 Electrical Maintenance: Inspection, repair, and maintenance of electrical systems, including lighting, outlets, and equipment.
1.1.4 Spa Equipment Maintenance: Routine inspection and servicing of spa equipment such as saunas, steam rooms, hot tubs, and massage tables.
1.1.5 General Repairs: Minor repairs and maintenance tasks such as painting, carpentry, and fixture replacements.
1.1.6 Sanitation Services: Deep cleaning and sanitization of spa facilities to maintain hygiene and safety standards.
1.1.7 Emergency Services: On-call services for urgent maintenance issues.
1.2 Frequency of Services
1.2.1 Routine Maintenance: The Contractor shall perform routine maintenance services as specified in Schedule A attached hereto and incorporated herein by reference.
1.2.2 Emergency Services: The Contractor shall provide emergency services within [X] hours of notification by the Spa.
1.3 Additional Services
1.3.1 Any additional services not specified in this Contract shall be agreed upon in writing by both parties and may be subject to additional charges.
2. Term of Agreement
2.1 Commencement and Duration
This Contract shall commence on [Start Date] and shall continue in full force and effect for a period of [X] years, unless terminated earlier in accordance with the terms herein.
2.2 Renewal
This Contract may be renewed for successive [X]-year periods upon mutual written agreement of the parties.
3. Payment Terms
3.1 Service Fees
The Spa agrees to pay the Contractor for the Services as follows:
3.1.1 Routine Maintenance: $[Amount] per month.
3.1.2 Emergency Services: $[Amount] per call-out plus $[Amount] per hour.
3.1.3 Additional Services: As negotiated and agreed upon in writing.
3.2 Payment Schedule
Payments shall be made on a monthly basis, with invoices due and payable within [30] days of receipt.
3.3 Method of Payment
Payments shall be made via [bank transfer, check, etc.], as agreed upon by the parties.
4. Responsibilities of the Parties
4.1 Contractor's Responsibilities
4.1.1 To perform the Services with due care, skill, and professionalism.
4.1.2 To use high-quality products and equipment in the provision of the Services.
4.1.3 To comply with all applicable laws, regulations, and industry standards in the performance of the Services.
4.1.4 To maintain accurate records of all maintenance activities and provide the Spa with regular reports.
4.2 Spa's Responsibilities
4.2.1 To provide the Contractor with access to the Spa facilities as necessary for the performance of the Services.
4.2.2 To make timely payments for the Services in accordance with the Payment Terms.
4.2.3 To promptly communicate any issues or concerns regarding the Services to the Contractor.
5. Insurance and Liability
5.1 Contractor's Insurance
The Contractor shall maintain comprehensive general liability insurance and workers' compensation insurance in amounts satisfactory to the Spa. Proof of such insurance shall be provided to the Spa upon request.
5.2 Indemnification
The Contractor agrees to indemnify and hold harmless the Spa from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with the performance of the Services.
6. Termination
6.1 Termination for Convenience
Either party may terminate this Contract upon 30 days' written notice to the other party.
6.2 Termination for Cause
Either party may terminate this Contract immediately upon written notice if the other party breaches any material term of this Contract and fails to cure such breach within [10] days of receiving notice of the breach.
6.3 Effect of Termination
Upon termination of this Contract, the Spa shall pay the Contractor for all Services performed up to the date of termination.
7. Confidentiality
7.1 Confidential Information
Both parties agree to maintain the confidentiality of all confidential information disclosed by one party to the other, except as required by law or as necessary to perform the Services.
7.2 Non-Disclosure
Neither party shall disclose any confidential information to any third party without the prior written consent of the other party.
8. Governing Law
8.1 Jurisdiction
This Contract shall be governed by and construed in accordance with the laws of [State/Country].
9. Dispute Resolution
9.1 Arbitration
Any disputes arising under this Contract shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [State/Country].
9.2 Venue
The venue for any arbitration shall be in [City, State/Country].
10. Force Majeure
10.1 Definition
Neither party shall be liable for any delay or failure to perform its obligations under this Contract due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, and labor disputes.
10.2 Notice
The affected party shall notify the other party of the occurrence of a force majeure event as soon as reasonably possible.
11. Amendments
11.1 Modifications
This Contract may be amended only by a written agreement signed by both parties.
12. Severability
12.1 Validity
If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
13.1 Integration
This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether oral or written.
14. Notices
14.1 Contact Information
All notices under this Contract shall be in writing and shall be deemed to have been duly given when delivered by hand, by certified mail, or by overnight courier to the following addresses:
For the Spa:
[Your Company Name]
[Your Company's Address]
[City, State, ZIP Code]
[Your Company Email]
[Your Company Number]
For the Contractor:
[Contractor's Name]
[Contractor's Address]
[City, State, ZIP Code]
[Contractor's Email]
[Contractor's Phone Number]
14.2 Changes
Either party may change its address for notices by providing written notice to the other party.
15. Signatures
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Your Title]
[Date]
[Contractor's Name]
By:
[Name of Authorized Signatory]
[Title of Authorized Signatory]
[Date]
