Tourism Operator Agreement

This Tourism Operator Agreement (the "Agreement") is made and entered into as of [Month Day, Year] (the "Effective Date") by and between:

[Your Company Name]

[Your Company Address]

[Your Company Email]

[Your Company Number]

(hereinafter referred to as the "Company"), and

[Tourism Operator Name]

[Tourism Operator Address]

[Tourism Operator Email]

[Tourism Operator Number]

(hereinafter referred to as the "Operator").

The Company and the Operator are collectively referred to as the "Parties."

RECITALS

WHEREAS, the Company provides marketing and operational support services to enhance tourism activities in compliance with all applicable federal, state, and local laws;

WHEREAS, the Operator is engaged in providing tourism services, including but not limited to guided tours, transportation, event planning, and related activities (the "Tourism Services");

WHEREAS, the Parties desire to establish a mutually beneficial relationship to promote and deliver Tourism Services under the terms set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1. SCOPE OF SERVICES

1.1 Operator Responsibilities

• The Operator shall provide Tourism Services in accordance with the descriptions, schedules, and quality standards detailed in Schedule A (attached hereto).

• The Operator shall obtain and maintain all necessary licenses, permits, and insurance required by law to operate in the designated territories.

• The Operator shall ensure that all staff are appropriately trained, professional, and compliant with health and safety regulations.

1.2 Company Responsibilities

• The Company shall market and promote the Operator's Tourism Services through various platforms, including [Your Company Website], social media channels, and email campaigns.

• The Company shall process bookings and customer inquiries on behalf of the Operator as specified in Schedule B (attached hereto).

1.3 Joint Responsibilities

Both Parties shall collaborate to ensure that customer experiences meet or exceed expectations.

2. TERM AND TERMINATION

2.1 Term: This Agreement shall commence on the Effective Date and remain in effect for an initial period of [one (1) year] (the "Initial Term"). Thereafter, the Agreement will automatically renew for successive [one (1)-year terms] unless terminated by either Party in accordance with this section.

2.2 Termination for Cause: Either Party may terminate this Agreement upon [thirty (30)] days' written notice if the other Party:

(a) Materially breaches this Agreement and fails to remedy such breach within [ten (10)] days of receiving notice; or

(b) Becomes insolvent or files for bankruptcy.

2.3 Termination for Convenience: Either Party may terminate this Agreement for any reason upon [sixty (60)] days' written notice.

2.4 Effects of Termination: Upon termination, the Operator shall honor any bookings made prior to the termination date, and the Company shall remit any pending payments for completed services.

3. COMPENSATION AND PAYMENT TERMS

3.1 Commission Structure

• The Company shall receive a commission of [0%] of the gross revenue generated from bookings processed through the Company's marketing platforms.

• Details of commission rates are outlined in Schedule C (attached hereto).

3.2 Payment Schedule

• Payments to the Operator shall be made [monthly] via [direct deposit] or [check].

• The Company shall provide a detailed statement of earnings and commissions with each payment.

3.3 Taxes

Each Party shall be responsible for its own tax obligations under this Agreement.

4. REPRESENTATIONS AND WARRANTIES

4.1 Mutual Representations

Both Parties represent and warrant that:

• They have the full authority and capacity to enter into this Agreement and perform their respective obligations hereunder.

• Execution and performance of this Agreement do not violate any applicable law, regulation, or agreement to which they are bound.

4.2 Operator Representations

The Operator further represents and warrants that:

• All Tourism Services shall be provided in a professional, safe, and lawful manner.

• The Operator holds all licenses, certifications, and insurance policies necessary for its operations.

4.3 Company Representations

The Company further represents and warrants that:

• Marketing materials and booking platforms shall accurately reflect the Operator's offerings.

5. INDEMNIFICATION AND LIABILITY

5.1 Indemnification by the Operator

The Operator agrees to indemnify, defend, and hold harmless the Company, its officers, directors, and employees from any claims, damages, or liabilities arising from the Operator's actions or omissions.

5.2 Indemnification by the Company

The Company agrees to indemnify, defend, and hold harmless the Operator, its officers, directors, and employees from any claims, damages, or liabilities arising from the Company's actions or omissions.

5.3 Limitation of Liability

Neither Party shall be liable for indirect, incidental, or consequential damages arising under this Agreement, except in cases of gross negligence or willful misconduct.

6. INTELLECTUAL PROPERTY

6.1 Ownership

The Operator retains all rights to its intellectual property, including branding, promotional materials, and proprietary information.

6.2 License to Use

The Operator grants the Company a non-exclusive, royalty-free license to use its intellectual property solely for marketing and promotional purposes during the term of this Agreement.

7. CONFIDENTIALITY

7.1 Definition

"Confidential Information" includes all non-public information disclosed by one Party to the other under this Agreement.

7.2 Obligations

Both Parties agree to maintain the confidentiality of all Confidential Information and use it solely for purposes related to this Agreement.

7.3 Exclusions

Confidential Information does not include information that is publicly available, independently developed, or required to be disclosed by law.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State].

8.2 Arbitration

Any dispute arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State].

9. GENERAL PROVISIONS

9.1 Entire Agreement

This Agreement, including all schedules and attachments, constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings.

9.2 Amendments

Any amendments to this Agreement must be in writing and signed by both Parties.

9.3 Force Majeure

Neither Party shall be liable for delays or failures to perform due to events beyond their reasonable control, such as natural disasters or government restrictions.

9.4 Assignment

This Agreement may not be assigned by either Party without the prior written consent of the other Party.

9.5 Notices

All notices required under this Agreement shall be sent to the addresses specified above via [email], [certified mail], or [courier].

10. SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[Your Company Name]

By:

[Your Name]

[Title]

[Month Day, Year]

[Tourism Operator Name]

By:

[Operator Representative Name]

[Title]

[Month Day, Year]

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