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© 1998-2001 Dru
Pagliassotti
All rights reserved.
The Adventurer's Contract
 "So," the
merchant said, rubbing his hands together and looking over the desk at
the adventurers gathered there. "Will you take the mission?"
"It sounds very
interesting," the mage said thoughtfully. "Here's our contract."
He leaned forward and laid a sheaf of parchment on the desk. The
merchant eyeballed it as though it were a poisonous snake.
"Contract?"
he asked, distastefully. "I've never had to sign a contract with
an adventurer before."
The mage spread his
hands apologetically.
"I'm afraid we
require it before accepting an outside mission. One too many employers
tried to back out of an R&R agreement with us—Restoration and
Ressurection—or tried to argue that we hadn't completed the mission
exactly as he'd wanted. So we called in a lawyer to take care of things
for us. Here's his name and address—he'll handle contract filing
and set up the payment agreements with you, too."
The merchant gazed balefully
at the adventuring party as they cheerfully waved and shuffled out of
his office.
THE ADVENTURER'S STANDARD CONTRACT
TABLE OF CONTENTS
• SECTION I
• Responsibilities and Basic Services of the Adventurer
• SECTION II
• The Client's Responsibilities
• SECTION III
• Mutual Obligations of the Client and the Adventurer
• SECTION IV
• Payment and Fee Schedule
• SECTION V
• Termination of Contract
• SECTION VI
• Change Orders or Extensions
• SECTION VII
• Special Conditions
AGREEMENT
This AGREEMENT, made
as of the [DATE], by and between the Client of [NAME}, hereinafter called
the Client, and [NAME(S)], hereinafter called the ADVENTURER, regardless
of the sex or number of people this ADVENTURER represents, WITNESSETH:
That whereas the Client
intends that ADVENTURER, upon written authorization as hereinafter specified,
shall perform services (the Project) as hereinafter provided; which are
in accordance with the Project Description and any addenda thereto, which
scope of services by this ADVENTURER together with addenda, if any, shall
become a part of this Agreement.
NOW, THEREFORE, the
Client and the ADVENTURER for the consideration hereinafter set forth
agree as follows:
SECTION I - RESPONSIBILITIES AND BASIC SERVICES OF THE ADVENTURER
A. The
ADVENTURER agrees to perform professional services in connection with
the Project as hereinafter stated.
B. The
ADVENTURER shall serve as the Client's professional adventurer as specified,
and shall give consultation and advice to the Client during the performance
of his services.
C. The
Project to be performed by the ADVENTURER shall be authorized in writing
by the Client. Said Project Description shall set forth all special conditions
and requirements not otherwise provided for in the Agreement.
D. Time
of Performance: The service to be performed by the ADVENTURER under this
Agreement shall be commenced within five (5) days after the Notice to
Proceed from the Client and shall be completed as soon as realistically
possible, unless extended by the Client in writing.
E. The
ADVENTURER agrees to save and hold the Client harmless from any and all
claims, causes of action, suits and liabilities which arise in connection
with the ADVENTURER's negligent performance hereunder.
SECTION II - THE CLIENT'S RESPONSIBILITIES
The Client shall:
A. Provide
full information regarding the requirements for the project.
B. Assist
the ADVENTURER by placing at the ADVENTURER's disposal all available information
pertinent to the Project including previous reports and any other available
data requested by the ADVENTURER.
C. Give
prompt notice to the ADVENTURER whenever the Client observes or otherwise
becomes aware of any defect in the Project.
D. Obtain
approval of all governmental authorities having jurisdiction over the
Project and such approvals and consents from other individuals or bodies
as may be necessary for completion of the Project. If such consent is
impossible to obtain due to special Project considerations, the Client
will take responsibility for laws broken by the ADVENTURER if such occurs
during the completion of the Project.
SECTION III - MUTUAL OBLIGATIONS OF THE CLIENT AND THE ADVENTURER
A. This
agreement does not guarantee the ADVENTURER any work except as authorized
in accordance with Section I, above, or create an exclusive adventuring
contract.
B. All
of the services contemplated under this Agreement are personal and shall
not be assigned, sublet or transferred without the written consent of
the Client and the ADVENTURER.
C. The
ADVENTURER and any and all of the ADVENTURER's personnel utilized by the
Client under the terms of this Agreement shall remain the agents and employees
of the ADVENTURER and are not, nor shall be construed to be, agents or
employees of the Client.
D. All
items or money not specified in the Project Description by the Client
that are found by the ADVENTURER remain the property of the ADVENTURER.
SECTION IV - PAYMENT AND FEE SCHEDULE
It is understood and
agreed by and between the parties hereto, that the Client shall pay the
ADVENTURER for services furnished, and the ADVENTURER shall accept as
full payment for such services, amounts of money computed as follows:
1. The
ADVENTURER shall bill the Client at the end of the Project for costs accrued
during completion of the Project. Billings shall be separated as necessary
to show direct charges to specific Projects or jobs. These include meals,
transportation and food for such, and lodging expenses while traveling
in the course of the Project. Upon submission of such billings to the
Client, payment shall be issued. It is understood and agreed that the
Client may require a maximum of ten (10) hours to process payment, and
that the ADVENTURER may personally watch, or appoint another to watch,
the Client until that payment is made.
2. The
Client agrees to pay, and the ADVENTURER agrees to accept, out-of-pocket
expenses, not to exceed [AMOUNT], as billed by the ADVENTURER in arrears.
3. The
Client agrees to pay, and the ADVENTURER agree to accept, for the technical
and professional services contained in Section I, a sum of the following
amount [AMOUNT].
SECTION V - TERMINATION OF CONTRACT
Termination of Contract for Cause
If, through any cause,
the ADVENTURER shall fail to fulfill in timely and proper manner the obligations
under this Agreement, or if the ADVENTURER shall violate any of the covenants,
agreements, or stipulations of this Agreement, the Client shall thereupon
have the right to terminate this Agreement by giving written notice to
the ADVENTURER of such termination and specifying the date thereof, at
least one (1) day before the effective date of termination. In that event,
the ADVENTURER shall be entitled to receive just, equitable compensation
for any satisfactory work completed on the Project.
SECTION VI - CHANGE ORDERS OR EXTENSIONS
The Client may, from
time to time, require changes in the scope of the services of the ADVENTURER
to be performed herein. Such changes, including any increase or decrease
in the amount of the ADVENTURER's compensation, which are mutually agreed
upon between the Client and the ADVENTURER, shall be incorporated in written
Change Orders or Extensions to this Agreement.
SECTION VII - SPECIAL CONDITIONS
Project Delays
The ADVENTURER shall
not be held liable for Project delays caused by the Client's failure to
perform his or her obligations in a timely manner. The Project schedule
agreed upon by the Client and the ADVENTURER shall specify the time periods
in which the Client's performance can affect the ADVENTURER's time schedule.
Force Majeure Clause
The parties to the Agreement
shall be excused from performance hereunder during the time and to extent
they are prevented from obtaining or performing the service, by reason
of an act of any DEITY or commandeering of materials, products, plants,
or facilities by a government.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first written above.
ATTEST:
BY:
DATE:
ADVENTURER
BY:
DATE:
originally written May 3, 1998
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