Retail Store Opening Contract

RETAIL STORE OPENING CONTRACT

This Retail Store Opening Contract (the Agreement) is entered into on Effective Date: by and between Operator Name: , Address: (\"Operator\") and Service Provider Name: , Address: (\"Provider\").

RECITALS

WHEREAS, Operator intends to open a retail store at Store Location: and requires services to prepare the premises for opening; and

WHEREAS, Provider represents that it has the personnel, expertise and capacity to provide turnkey opening services including coordination of trades, installation of fixtures and equipment, signage, point-of-sale setup and staff training; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the services, schedule and compensation for the store opening.

NOW THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows:

1. DEFINITIONS

1.1 \"Services\" means the work described in Section 2 including all labor, materials, equipment, supervision and project management necessary for the store opening. 1.2 \"Completion\" means physical readiness of the premises to operate retail business as evidenced by Operator acceptance pursuant to Section 3. 1.3 \"Change Order\" means a written modification to the scope, price or schedule signed by authorized representatives of both parties.

2. SCOPE OF SERVICES

2.1 Provider shall perform Services including, without limitation: site coordination with landlord and trades; installation of fixtures and displays; electrical, data and POS installation; signage install and permitting assistance; final cleaning; inventory racking and merchandising; staff onboarding and training. Detailed scope and exclusions are set out below.

2.2 Provider shall furnish all labor and materials except as expressly identified as Operator's responsibility in the Detailed Scope. Provider shall coordinate deliveries and access with landlord and shall comply with building rules. Provider shall procure all materials that meet industry standards and shall provide evidence of manufacturer warranties where applicable.

3. PROJECT SCHEDULE AND ACCEPTANCE

3.1 Commencement Date: . Target Substantial Completion (Opening Date): . Punch-list completion target: .

3.2 Provider shall use commercially reasonable efforts to meet the schedule. Time is of the essence with respect to the Opening Date. If Provider fails to achieve Substantial Completion by the Opening Date due to Provider default, liquidated damages of per calendar day shall apply, not as a penalty but as a reasonable estimate of anticipated harm, unless delay results from Force Majeure or Operator breach.

3.3 Acceptance: Upon completion Provider will notify Operator in writing and provide a punch list. Operator shall inspect the Services within seven (7) days and either provide written acceptance or a written list of deficiencies. Provider shall correct deficiencies within a commercially reasonable time at Provider's expense.

4. FEES AND PAYMENT

4.1 Contract Price: Operator shall pay Provider a total fee of $ (Contract Price) for full performance of the Services in accordance with this Agreement.

4.2 Deposit and Payment Schedule: A deposit of $ is due upon execution. Remaining payments shall be due as follows: . Final payment is due upon Acceptance as provided in Section 3.

4.3 Late Payments: Unpaid amounts shall accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Operator shall not withhold payment except for good faith disputed amounts which shall be promptly documented and resolved.

5. CHANGE ORDERS

5.1 Any change in the scope, price or schedule must be issued as a written Change Order signed by authorized representatives of both parties. Oral instructions shall not be binding. Provider will provide a written proposal describing any cost or time impact, and such Change Order shall be incorporated into this Agreement upon signature.

Provider shall not commence Change Order work until written approval is received.

6. PERMITS, LICENSES AND COMPLIANCE

6.1 Unless otherwise agreed in writing, Operator is responsible for obtaining and paying for any business licenses or tenant-specific permits. Provider shall assist in procuring building permits and inspections where Provider's work requires such permits, and Provider shall comply with applicable codes, regulations and landlord rules.

Operator    Provider

7. WARRANTIES

7.1 Provider warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards for a period of from Acceptance. Provider will, at its expense, correct nonconforming work reported in writing during the warranty period.

8. INSURANCE

8.1 Provider shall maintain commercial general liability, workers' compensation and automobile liability insurance with limits reasonably acceptable to Operator. Provider shall provide certificates of insurance upon request and shall name Operator as an additional insured with respect to Provider's operations to the extent reasonably required.

9. INDEMNIFICATION

9.1 Provider shall indemnify, defend and hold harmless Operator, its affiliates and their respective officers, directors and employees from and against any third-party claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Provider's negligent performance of the Services or breach of this Agreement, except to the extent caused by Operator's negligence or willful misconduct. Operator shall indemnify Provider for claims arising from Operator-supplied items or Operator's acts or omissions.

10. CONFIDENTIALITY

10.1 Each party shall maintain in confidence information disclosed by the other party that is marked confidential or that reasonably should be understood to be confidential (\"Confidential Information\"). Confidential Information shall not include information that is or becomes publicly available without breach, independently developed, or rightfully received from a third party. Confidential Information shall be used solely for performance of this Agreement.

11. TERMINATION

11.1 Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within fourteen (14) days after written notice. Upon termination for Provider's breach, Provider shall refund any unearned portion of prepayments and Operator shall pay for Services performed to date. Termination shall not relieve either party of obligations accruing prior to termination.

12. FORCE MAJEURE

12.1 Neither party shall be liable for delay or failure to perform to the extent such delay or failure is caused by events beyond its reasonable control, including acts of God, strikes, governmental action, epidemics, or shortages of material. The affected party shall promptly notify the other and make reasonable efforts to resume performance.

13. ASSIGNMENT

13.1 Neither party may assign this Agreement or any rights hereunder without the prior written consent of the other, except that Operator may assign to an affiliate or successor in connection with a sale of substantially all of Operator's assets or business without Provider's consent.

14. NOTICES

14.1 All notices shall be in writing and delivered by hand, nationally recognized overnight courier or certified mail, return receipt requested, to the addresses below or such other address as a party designates by notice in accordance with this Section. Notice is effective upon receipt.

15. MISCELLANEOUS

15.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state specified by Operator's principal place of business, without regard to conflict of law principles. 15.2 Entire Agreement: This Agreement (including all exhibits and Change Orders) constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations and agreements. 15.3 Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 15.4 Amendments and Waiver: No amendment or waiver shall be effective unless in writing and signed by authorized representatives of both parties. 15.5 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

SIGNATURES

Sign Now