Fill and Sign the Agreement to Manage Production on Cruise Form

Agreement to Manage Production on Cruise Agreement made on the _______________ (date) , between ________________ (Name of Travel Agent) of _______________________________________________ ___________________________ (street address, city, state, zip code) , referred to herein as Agent , and _____________________ (Name of Production Manager) , of ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as Manager . Whereas, Agent is sponsoring a cruise on ______________________________ (name of cruise line) that is scheduled to begin on ___________________ (date) and end on ___________________ (date) ; and Whereas, the theme of the cruise will be 100 th birthday of __________________ (name of actor or actress) and the 60 th anniversary of ________________________ (name of television show) ; and Whereas, Agent desires to hire Manager to manage and produce the contests, forums, make the necessary licensing arrangements with ________________________ ______________________________________ (names of companies) , as well as oversee all aspects of the activities that revolve around the theme of the cruise; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Duties of Producer Manager shall oversee, produce and manage oversee all aspects of the activities that revolve around the theme of the cruise, including, but limited to the contests, forums, and making the necessary licensing arrangements with ___________________ __________________________________ (names of companies) . 2. Compensation of Production Manager A. Amount and Terms of Payment Agent shall pay Manager, and Manager shall accept for all of his services under and pursuant to this Agreement, $__________, payable as follows: 1. ______% on execution of this Agreement; 2. ______% on ______________ (date) ; and 3. The balance on at the end of the Cruise. B. If less than ______ people sign up for the Cruise prior to ______________ (date) , this Agreement shall terminate and Manager’s right to further compensation under and pursuant to this Agreement shall end, provided that Agent has paid Manager for all services rendered prior to the termination of the Agreement. 3. Manager’s Status as Independent Contractor Manager is an independent contractor and is not an employee, servant, partner or joint venturer of Agent. Agent shall determine the services to be provided by Manager, but Manager shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Agent is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Manager is not entitled to receive the benefits which employees of Agent are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Agent. 4. Termination of Contract by Either Party This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than ______ (number of days) calendar days from the date of mailing the notice. All services satisfactorily performed by Manager up to the date of receipt of notice shall be compensated by Agent, and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received ______ days after mailing in the United States mail, using first-class mail, postage prepaid. 5. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 6. 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. 7. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 8. 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. 9 . 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. 10. 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. 11. 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. 12. 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. 13. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted Name of Agent) (P rinted Name of Manager) ________________________ _________________________ (Signature of Agent) (Signature of Manager)