This Barter Agreement is entered into by and between Give And Take, (hereinafter called “Offeror” and Barter Exchange, (hereinafter called “Offeree”).
A. Offeror desires 8 hours of ongoing on-call legal advice per the proposal and associated emails, and attachments exchanged on March 1, 2017, March 2, 2017 and March 3, 2017.
B. Offeree desires assistance with home redesign, for Barter Exchange’s per the proposal and associated emails, and attachments exchanged on March 1, 2017, March 2, 2017 and March 3, 2017.
1. Both parties agree that the monetary value of the reciprocal services rendered by each party (the “barter”) as agreed to in proposals shared in and attached to emails exchanged on March 1, 2017, March 2, 2017 and March 3, 2017 between Offeror and Offeree are substantially the same and that on successful completion of the barter, neither party will owe any money to the other party for services rendered.
2. Offeror acknowledges and agrees that Offeree’s scope of representation is limited to the recitals contained in paragraph “A” of this Barter Agreement and shall not include, without additional written agreement, anything other than 8 hours of on-call legal advice. And shall also not include any non-service related fees associated with paragraph “A” of this Barter Agreement.
3. Offeree acknowledges and agrees that Offeror’s scope of representation is limited to the recitals contained in paragraph “B” of this Barter Agreement and shall not include any non-service related fees associated with paragraph “B” of this Barter Agreement.
4. Both parties agree that all non-service fees necessary to render their respective service shall be paid by the party for whose benefit the service is rendered. In the event that a non-service fee is necessary, the party benefiting from the service shall be provided written/email notice with an explanation of the necessity of said fee and shall be required to approve said fee in writing/email. If approval is not given then the party requesting approval shall do their best to comply with the terms of this Barter Agreement without the non-service fee. Payment of any non-service fee shall be made within a reasonable time from receipt of written/email notice.
5. Both parties agree that they will complete their respective services in the time frame referenced in the emails and associated attachments. Both parties agree to adhere to the delivery schedule as set by the parties. Timely delivery is subject to both parties responding to each others’ requests for information, documentation and necessary non-service fees in a reasonable and timely manner.
6. Both parties attest that they are freely and legally entering into this Barter Agreement and will
abide by its directives and requirements.
7. Both parties represent and warrant that the service(s) offered for barter can legally be exchanged by them and their assigned agents or dealers and have full power to make this agreement. They also represent and warrant that the service(s) do not infringe upon any statutory copyright or upon any common law rights, proprietary rights or any other rights whatsoever.
8. Each party shall indemnify, defend and hold harmless the other, its officers, trustees, agents assigns, and employees, from and against any and all claims, demands, suits, losses, liabilities and costs, including attorneys’ fees, arising out of any alleged breach of the foregoing warranties or any alleged violation of copyright or other property rights.
9. Both parties agree that if a party opts to terminate this barter arrangement, that party agrees to compensate the other party fairly for any service(s) provided to date of termination notice. However the party that did not opt for termination will owe no compensation to the party that terminates the barter agreement.
10. Both parties agree that all emails, Facebook communications and associated attachments referenced in this Barter Agreement shall be incorporated by reference into this Barter Agreement.
11. Both parties agree that in the event that any controversy or claim arising out of or relating to this Barter Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be New York City and New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof
DATED _________ ___, 2017
AGREED TO AND ACCEPTED:
Name: Give And Take Name: Barter Exchange
Title: Offeror Title: Offeree
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