Deck Builder Contract
The following is a legally binding contract entered into by ______________________ (Deck Builder) and Mike French DBA Virginia Decking & Remodeling (VDR) on ______________ (fill in today's date).
I understand that I may use whatever materials I receive from Virginia Decking & Remodeling (VDR) in whatever fashion I desire but with the following exceptions:
1) I understand and agree not to publish on the Internet any Virginia Decking & Remodeling (VDR) provided pictures or VDR provided deck drawings that are currently on the VDR web site at http://www.vadeck.com. I understand that Mike French would not want his own clients seeing his pictures on my website. I may, however, publish on my web site whatever pictures or drawings that VDR provides me for the express purpose of publishing on my own web site. Furthermore, I also understand that I am welcome to show these pictures and papers to anyone in person or to postal mail them to people or to email clients or potential clients and also to use them as guidelines to do my own publishing of my own work should I so desire.
2) I understand and agree that should I violate item #1 above, I will pay VDR $100 for every picture and $100 for every deck, porch or gazebo drawing that I publish on the Internet. These payments are for liquidated damages.
3) I understand and agree that I may not offer for sale on the Internet any deck or porch or gazebo Building Plans that I am responsible for developing for a period of 7 years from today. I understand and agree that I will not offer for sale on the Internet or through any other medium any Building Plan provided by VDR without time restriction.
4) I understand and agree that should I violate item #3 above, I will pay VDR $2000 plus 50% of each plan sold. These payments are for liquidated damages.
5) I understand and agree that I will not sell via any medium any ideas, plans, marketing brochures, flyers, contracts, forms or any materials provided by VDR. This will extend without restriction in time.
6) I understand and agree that should I violate #5 above, I will pay VDR $2000 for each client I sell to. This payment is for liquidated damages.
7) I understand and agree that I am receiving information and opinions based upon experience which are subject to error and agree not to hold Mike French or any of his companies liable under any and all circumstances.
8) Basic Plan: I understand and agree that for the sum of $2000 (payable in advance) I will purchase materials, forms, literature, photos, written information and ten online lessons (curriculum outlined at http://www.vadeck.com/deck-builders.htm) only (all of which is subject to Mike French's sole judgment), and that any additional information, whether verbal or written, may incur additional charges. Additional charges are billed at the rate of $60/hr plus expenses.
9) Deluxe Plan: I understand and agree that for the sum of $4554 (payable in advance) I will purchase what is provided in #8 above, plus development of my own deck-porch-gazebo web site, promotion of this new web site by submission to the ten major search engine, personalized instruction on how to develop and promote my own web site myself through the "Web Site Development and Promotion Plan Online Course" (curriculum outlined at http://www.vadeck.com/deck-builders.htm). I understand that this fee does not buy the Internet Service Provider services, but does include one year of web hosting if I subscribe to Virginia Decking's host. Otherwise, I have a $169 credit toward the web host of my choice.
10) It is understood that some or
all of the above mentioned materials may be transmitted electronically
such as via email, ftp download, http download, fax, or via postal mail,
or some other means as suits Mike French.
____________________________________ |
Mike
French 5/20/04 Mike French |
End of Contract
___________________________________________________________________________________________________
I actually hate all the "legaleze" that doing business forces me to do... but it is a quite necessary evil. The businessman who ignores contract law today will soon find himself taken advantage of.
Ordering Method #1 (postal
mail):
| Please print out the Contract above,
sign and date it, and postal mail the original to me at:
Virginia Decking & Remodeling
Don't forget to include a check for $2000 for the Basic Plan, or $4554 for the Deluxe Plan. |
Ordering Method #2 (faxing):
| Please print out the Contract above,
sign and date it, and fax it to me at:
540 786-3324 If you fax the contract, please either fax a copy of your check along with the Contract, or fax us your VISA or MC number and expiration date. If you are faxing your check, please make it payable to Virginia Decking & Remodeling, date it, sign it, and make it for $2000 for the Basic Plan, or $4554 for the Deluxe Plan. If you are using VISA or MC, please also specify either $2000 for the Basic Plan or $4554 for the Deluxe Plan. |
And don't forget to keep a copy of this contract for your own records!
By the way, if you are uneasy about
doing business with me, please first check with the Better Business Bureau.
You can simply click on the BBB logo at the top of any page. It will
take you to the BBB web site where you will read what they have to say
about us.
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