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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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