2014 SAG-AFTRA Basic Agreement

Services Contract with Hotel to Maintain in Working Order LCD Televisions

THIS AGREEMENT executed on this the day of , , by and between, (Name of Hotel), a corporation organized and existing under the laws of the state of , with its principal office located at referred to herein as Hotel, and (Name of Contractor), of referred to herein as hereinafter called Contractor.

Whereas, Hotel contains rooms with at least on LCD Televisions in each room; and

Whereas, an LCD Television is a flat panel television that utilizes the same time-proven liquid crystal display technology found in cell phones, camcorder viewfinders, and computer monitors; and

Whereas, Hotel desires to retain Contractor to maintain and repair said televisions pursuant to the terms of this Agreement; and

Whereas, Contractor desires to maintain and repair said televisions pursuant to the terms of this Agreement.

1. Work to be Performed

Hotel does hereby agree to hire to Contractor, to perform the services and work as stated in Section 2 of this Agreement.

2. Duties

Contractor agrees to perform work for the Hotel on the terms and conditions set forth in this Agreement, as follows:

A. Contractor will maintain and repair the LCD televisions in each room of the Hotel for per television, including parts and labor, but excluding physical damage, repairs to LCD screens, water damage or damage due to act of god (e.g., storms, lighting, etc).

B. Contractor will provide such repairs within 48 hours receipt of a service order from Hotel.

3. Time Devoted to Work

In the performance of the services, the services and the hours Contractor is to work on any given day will be entirely within Contractor’s control and Hotel will rely upon Contractor to put in such number of hours as is reasonably necessary to fulfill the provisions of this Agreement.

4. Payment

Hotel will pay Contractor money owed for the repairs and maintenance described above on the day of each month at the address of Contractor set forth above.

5. Duration

The parties contemplate that this Agreement will run for (e.g., three) years from date of this Agreement, but, in the first instance, the Agreement shall be considered as a firm commitment on the part of the parties for a period of (e.g., one year) commencing . At any time prior to of any year, either party may notify the other that the arrangement is not to continue beyond the ensuing . In the absence of any such notification, this Agreement will run from year to year up to the maximum period of (three) years.

6. Status of Contractor

This Agreement calls for the performance of the services of Contractor as an independent contractor and Contractor will not be considered an employee of the Hotel for any purpose.

7. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

8. Governing Law

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

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

10. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

11. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

12. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

13. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

14. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

15. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.