APPENDIX A - DISCLAIMER & SERVICE AGREEMENT (QUEBEC) – STAFF PERSONNEL ÉVÉNEMENTIEL INC
1 The present agreement must be interpreted according to the laws in effect in the province of Quebec. Any dispute is required to be presented in court of the Montreal judicial district. Both signatories to this agreement declare having received the resolutions and authorizations necessary to proceed to the signature of the present contract, to have the authority to conclude the present contract and to be liable for the company they represent.
1.1 The present annex is an integral part of the proposal submitted to the Client and will bind, with the present terms and conditions, the parties effective as of the agreement and signature of the present proposal and the present annex (hereafter they are called “the present contract”).
2 OBLIGATIONS OF PARTIES
2.1 Staff Personnel Événementiel Inc. is committed to provide the staff and the services described in the present contract.
2.2 Notwithstanding the article 2.3, no modification to the staff scheduling will be admitted with less than forty-eight (48) hours notice of the actual event.
2.3 With less than forty-eight (48) hours notice, if scheduling modifications are requested by the Client, Staff Personnel Événementiel Inc. reserves itself the right to charge some coordination fees according to the hourly rate of seventy (70) dollars per hour for the coordination and management fees to perform the modifications requested by the Client.
2.5 The Client is committed to respect the following working conditions: a paid hour break for an eight (8) hours shift and fifteen (15) minutes break for a four (4) hours shift.
2.6 Staff Personnel Événementiel Inc. will provide to the Client, upon request, the schedule and the first name of the persons appointed to the promotion or the event. 2.7 Staff Personnel Événementiel Inc. is committed, for the duration of the contract, to replace any staff considered by the Client as unsatisfactory, problematic or inappropriate. It is agreed upon that the Client will give a reasonable delay to Staff Personnel Événementiel Inc. to make the replacements through hiring or training of the new appointed persons.
2.8 The Client is committed to respect the existing link between Staff Personnel Événementiel Inc. and its employees, meaning that any inquiry and/or any comment should be directed to the Project Manager of Staff Personnel Événementiel Inc. and this, for the following situations: the behaviour of an employee, confidential information, an ulterior project, etc.
2.9 The Client is committed in not soliciting directly the services of an employee from Staff Personnel Événementiel Inc. for any future event or for any other situation for a period of twelve (12) months following the last event. The Client is committed to pay $1 000 for every solicited person, unless there has been a prior agreement between Staff Personnel Événementiel and the Client.
3. GENERAL CONDITIONS
3.1 Staff Personnel Événementiel Inc. and its employees are authorized to use the promotional equipment rented or affected to the promotion or event. Staff Personnel Événementiel Inc. is responsible for not renting nor subletting these equipments and recognize that she will not be able to give up these rights to a third party for this present contract, unless a written authorization has been agreed upon with the Client.
3.2 Staff Personnel Événementiel Inc. will hold and keep valid, for the entire duration of the present contract, a responsibility insurance covering the normal and predictable risks that may occur during the execution of the services mentioned in this present contract (in the execution of the services mentioned and provided for during this present contract).
3.3 Staff Personnel Événementiel Inc. cannot be held responsible for any incident related to the equipment used for the unwinding of the promotional events expected from the present contract.
3.4 If the personnel chosen to perform the duties from the present contract need a training, this training will be dispensed by the Client and the time for this formation will also be at the cost of the Client with the hourly salary being set at twenty (20) dollars an hour with a minimal three (3) hours per employee participating in the training.
3.5 Staff Personnel Événementiel Inc. will reserve itself the rights to take pictures and/or videos of its personnel on duty during events, this only for the purpose of archives and promotional use.
3.6 The Client is committed not to take pictures or video capture of the personnel for commercial or promotional use, unless otherwise agreed upon in writing by both parties.
3.7 Any modification to the present contract could bear additional costs that will need written approbation from the two (2) parties.
4. MAJOR CAUSE
4.1 The present contract will be terminated in full right for any major cause such as death, serious illness, transportation accident, riot, war, strike, epidemic, partial or total destruction or any other uncontrollable event of the same nature.
5. CANCELLATION
5.1 If one of the two (2) parties breaches any of the disposition of the present contract, the other party can, with written notice of at least a week sent to the address of the main business place of the other party by recommended courier or by fax, terminate the present contract.
5.2 Notwithstanding the article 5.1, within a week prior to the event, it is agreed upon that the Client cannot end the present contract for any reasons other than the ones listed in article 4. In this case, Staff Personnel Événementiel Inc. reserves itself the right to claim 25% of the total amount of the present contract to the Client and damages and interests liquidated in advance, and 50% of the total amount if the cancellation occurs less than forty-eight hours (48) notice prior to the event. And 100% of the total amount if the cancellation occurs less than twenty-four hours (24) notice prior to the event.
5.3 As soon as the agreement is signed, even if the event is cancelled, the Client will pay the invoice for the docket opening, briefing and follow up. Staff Personnel Événementiel Inc. will reserve itself the rights to charge the Client for the coordination and management fees for the work done on the project according to the hourly rate of seventy (70) dollars per hour.
6. CONFIDENTIALITY
6.1 Unless written agreement to the adverse effect, the parties to the present contract are committed to not disclose to anyone, except to their personal, judicial or financial consultants the terms and conditions of the present contract. The parties are also committed to not confirm any information contained in the present contract that might be circulating in spite of the efforts of the parties.
IN WITNESS WHEREAS BOTH PARTIES HAVE READ, APPROVED AND SIGNED THE PRESENT CONTRACT on the _____ day of the
month of ________________ 2024.