Business Accessibility Document

BUSINESS ACCESSIBILITY DOCUMENT

This Business Accessibility Document is made and entered into by and between Client Name: and Accessibility Provider Name: . Effective Date:

RECITALS

WHEREAS, the Client owns or operates the premises located at Premises Address: (Premises), and seeks to assess and, where required, remediate the Premises for accessibility and usability by persons with disabilities; and

WHEREAS, the Provider represents that it possesses the training, experience and qualifications to perform accessibility audits, prepare remediation plans, and implement or supervise corrective work to achieve compliance with applicable federal, state and local accessibility requirements and accepted accessibility standards; and

WHEREAS, the parties desire to set forth their respective obligations, payment terms and procedures with respect to the assessment, recommendations and remediation work described herein.

SCOPE OF WORK

The Provider shall perform the services described in this Scope of Work. Services shall include an accessibility audit, written report of findings, prioritized remediation plan, and, if selected, supervision or performance of remedial work and staff training as set forth below.

Accessibility audit and written report
Remediation design and construction supervision
Staff training on accessible services and policies
Preparation of an ongoing accessibility maintenance plan

PAYMENT TERMS

Total Fee: $ . Payment shall be made in accordance with the following schedule:

Deposit: $ due upon execution. Final payment due within days after delivery of final deliverables and invoice.

Late Payment: Unpaid amounts shall accrue interest at a rate of (or the maximum rate permitted by law), plus reasonable collection costs and attorneys' fees incurred by the Provider.

TERM AND TERMINATION

Term Commencement Date: . Term End Date: .

Either party may terminate this Document for material breach if the breaching party fails to cure such breach within days after written notice. Either party may also terminate for convenience upon days' prior written notice to the other party. Termination does not relieve Client of its obligation to pay for work performed through the effective date of termination.

CONFIDENTIALITY

Each party acknowledges that it may receive Confidential Information from the other party. "Confidential Information" means non-public business, technical, financial and other information designated as confidential or which, by its nature, would be reasonably considered confidential. The receiving party shall: (a) use Confidential Information solely for performance or enforcement of this Document; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and who are subject to confidentiality obligations at least as protective as those herein.

Confidentiality obligations shall survive termination or expiration for a period of years, except for trade secrets which shall be protected for as long as they qualify as trade secrets under applicable law.

REPRESENTATIONS, WARRANTIES AND INDEMNITY

Provider represents that services will be performed in a professional manner consistent with industry standards. Provider does not warrant that the Premises will be immune from all future violations or that any authority will approve the work; Provider's obligation is to use reasonable skill and care in providing professional services. Client represents that it has authority to contract for work at the Premises and will obtain any required consents and permits.

Indemnity: Each party shall indemnify, defend and hold harmless the other party, its officers, directors and employees from and against claims, damages, losses and expenses arising from the indemnifying party's breach of this Document or negligent acts or willful misconduct in performing its obligations, except to the extent caused by the indemnitee's negligence or willful misconduct.

LIMITATION OF LIABILITY

Except for liability arising from gross negligence, willful misconduct, breach of confidentiality or indemnity obligations, neither party shall be liable for special, incidental, punitive or consequential damages, and the total aggregate liability of either party shall be limited to the total fees paid by Client to Provider under this Document for the specific services giving rise to the claim.

ACCESSIBILITY STANDARDS COMPLIANCE

Provider will evaluate the Premises and deliver a written report identifying deficiencies together with recommended corrective measures prioritized by ease, cost and impact. Provider shall reference generally accepted accessibility standards and the requirements of applicable federal, state and local laws in forming its recommendations. Client understands that final compliance determinations will be made by the enforcing authority and that Provider's role is advisory and, when contracted, executional only.

ENTIRE AGREEMENT; MODIFICATION

This Document constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any modification or amendment must be in writing and signed by authorized representatives of both parties.

GOVERNING LAW

This Document shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

NOTICES

All notices under this Document shall be in writing and delivered to the addresses below or to such other address as either party designates in writing. Notices are effective upon personal delivery, confirmed overnight courier delivery, or three business days after deposit in the U.S. mail, postage prepaid.

CERTIFICATION

By signing below, each party certifies that it has the authority to enter into this Document, that the information provided is true and complete to the best of its knowledge, and that it accepts the terms set forth herein.

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