Business Enhancement Template

BUSINESS ENHANCEMENT AGREEMENT

This Business Enhancement Agreement ("Agreement") is entered into as of by and between:

RECITALS

WHEREAS, Client operates a business offering goods and/or services and seeks specified operational, marketing, and process improvements to increase efficiency and revenue; and

WHEREAS, Provider represents that it has the skill, experience, and resources necessary to deliver consulting, implementation, and training services directed to business enhancement; and

WHEREAS, the parties desire to set forth their agreement on the scope, compensation, confidentiality, term, and other material terms governing the business enhancement work.

SCOPE OF WORK

Provider shall perform the services and deliverables described below. The description shall include objectives, deliverables, milestones, and acceptance criteria. Any change to scope shall be documented and signed by both parties in writing.

PAYMENT TERMS

Client shall pay Provider the fees described below in consideration for the services rendered. All amounts are payable in United States dollars unless otherwise agreed.

Unless otherwise agreed in writing, Provider may suspend performance if Client fails to make payments when due and shall be entitled to recover collection costs, including reasonable attorneys' fees.

TERM AND TERMINATION

This Agreement shall commence on and shall continue in effect until unless earlier terminated as provided below.

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured for a period of days after written notice. Termination shall not relieve Client of the obligation to pay fees for services performed prior to termination.

CONFIDENTIALITY

For purposes of this Agreement, "Confidential Information" means non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential. Each party shall: (a) use Confidential Information solely to perform its obligations under this Agreement; (b) restrict disclosure to employees, contractors or agents who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein; and (c) protect Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Confidential Information does not include information that: (i) is or becomes publicly known through no breach of this Agreement; (ii) is rightfully received from a third party without restriction; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by applicable law, provided the receiving party gives prompt notice and cooperates to seek protective measures.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles. Exclusive venue for any dispute shall be in the state or federal courts located in the county where the Provider's principal place of business is located, unless the parties otherwise agree in writing.

ENTIRE AGREEMENT

This Agreement, together with any Schedules, Statements of Work, and signed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. No amendment or modification shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Each party represents and warrants that it has the power and authority to enter into and perform this Agreement. Neither party shall assign this Agreement without the prior written consent of the other, except to a successor in interest by merger or sale of substantially all assets.

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