I. The Parties

This Maintenance Agreement ("Agreement") is made and entered into on [Month Day, Year] ("Effective Date") by and between [Your Company Name], hereinafter referred to as the ("Owner") with a primary place of business at [Your Company Address] and [Service Provider's Name], hereinafter referred to as the ("Service Provider") with a primary place of business at [Service Provider's Address] collectively referred to as the ("Parties").

WHEREAS, the Owner operates a cafe and requires regular maintenance services.

WHEREAS, the Service Provider is a professional maintenance contractor equipped to offer such services.

WHEREAS, both parties wish to establish the terms and conditions under which the maintenance services will be provided.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows:

II. Scope of Services

A. General Maintenance

The Service Provider agrees to provide a range of general maintenance services for the cafe including, but not limited to:

1. Cleaning and servicing of all kitchen equipment.

2. Regular inspection and minor repairs of plumbing systems.

3. Electrical system maintenance and minor repairs.

4. Maintenance of heating, ventilation, and air conditioning (HVAC) systems.

B. Emergency Services

In the event of emergencies, the Service Provider agrees to provide immediate maintenance services:

1. Response time for emergencies shall be within [2] hours of notification.

2. The Service Provider shall carry out repairs to stabilize the situation promptly.

3. A follow-up visit shall be scheduled within [24] hours for any needed detailed repairs.

C. Scheduled Maintenance

Scheduled maintenance services will be carried out on a regular basis:

1. Monthly inspections to ensure all systems are functioning correctly.

2. Quarterly deep-cleaning of all kitchen equipment.

3. Semi-annual checks of plumbing and electrical systems.

4. Annual certification of HVAC systems.

III. Term

A. Commencement

1. The Agreement officially begins on the Effective Date specified in the contract.

2. Both parties—the Owner and the Service Provider—commit to their respective roles and responsibilities.

B. Duration

1. Unless earlier terminated or extended as per the provisions outlined in this Agreement, it shall remain in effect until [Month Day, Year].

2. During this period, the maintenance provider will diligently perform their duties to ensure the spa’s smooth operation and upkeep.

IV. Compensation

A. Service Fees

The total cost for the maintenance service will be worth [$20,000], to be paid as follows:

1. A deposit of [20]% [$4,000] is due upon signing of this Agreement.

2. Monthly payments of the remaining balance shall be made in the amount of [$1,333.33] each month.

3. Final payment is due by the end of the Agreement term.

B. Additional Costs

Additional costs for parts, materials, and labor required for emergency services will be billed separately:

1. Owner will be notified prior to incurring any additional costs.

2. All additional costs must be pre-approved by the Owner.

3. Detailed invoices shall be provided for any additional charges incurred.

V. Responsibilities of the Owner

A. Access to Cafe Areas

1. The Owner shall provide the Service Provider with unrestricted access to all areas of the spa cafe where maintenance tasks are scheduled to be performed. This includes treatment rooms, relaxation areas, and any other relevant spaces.

2. The Owner will ensure that necessary keys, access codes, or permissions are granted to the Service Provider to facilitate efficient maintenance operations.

3. Any restrictions or limitations (e.g., specific hours of access) should be communicated in advance to avoid disruptions.

B. Equipment and System Safety

1. Prior to the start of maintenance work, the Owner must verify that all systems and equipment within the spa cafe are in safe working condition.

2. Regular inspections of electrical, plumbing, HVAC, and other essential systems are encouraged to prevent unexpected issues during maintenance visits.

3. The Owner shall promptly address any identified safety concerns or malfunctions to ensure a secure environment for both patrons and staff.

C. Timely Payment

1. The Owner agrees to pay all fees as outlined in the Agreement promptly and in accordance with the specified terms.

2. Invoices submitted by the Service Provider shall be reviewed and settled within the agreed-upon time frame to maintain a positive working relationship.

VI. Termination

A. Termination for Cause

Either party may terminate this Agreement for cause if the other party fails to fulfill a material obligation:

1. Written notice of the breach must be provided to the offending party.

2. The offending party shall have [30] days to cure the breach.

3. If the breach is not cured within the designated period, the Agreement may be terminated immediately.

B. Termination for Convenience

This Agreement may be terminated for convenience by either party with [60] days' written notice:

1. All outstanding fees for services rendered up to the date of termination must be paid by the Owner.

2. The Service Provider shall provide all necessary documentation and transition support upon termination.

3. Any prepaid amounts shall be prorated and refunded to the Owner.

VII. Confidentiality

A. Confidential Information

Both parties agree to keep Confidential Information private and not disclose it to third parties:

1. Confidential Information includes any business, technical, financial, or operational information.

2. Both parties shall take reasonable steps to protect the confidentiality of such information.

3. Disclosure is permitted only if required by law or with written consent from the disclosing party.

B. Duration of Confidentiality

Confidentiality obligations will continue even after the expiration or termination of this Agreement:

1. Both parties commit to maintaining confidentiality for a period of [5] years following the termination date.

2. Confidentiality obligations apply regardless of the reason for Agreement termination.

VIII. Dispute Resolution

A. Negotiation

In the event of any disputes arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations:

1. Each party shall appoint a representative to discuss and resolve the dispute.

2. This representative shall have the authority to bind the party they represent in dispute resolutions.

3. Negotiations shall take place within [30] days of written notice of the dispute.

B. Mediation and Arbitration

If negotiation fails, the parties agree to proceed with mediation or arbitration:

1. The dispute shall be submitted to mediation administered by a mutually agreed upon mediation service.

2. If mediation fails, binding arbitration will be conducted in accordance with the rules of a recognized arbitration association.

3. The arbitrator’s decision shall be final and binding on both parties.

IX. Miscellaneous

A. Governing Law

1. This Agreement shall be governed by and construed in accordance with the laws of [State Name], where the spa cafe is located.

2. The legal framework of [State Name] will guide the interpretation and enforcement of the Agreement.

3. Any legal proceedings arising out of this Agreement will be brought solely in the appropriate court of [State Name].

4. Both parties consent to the jurisdiction and venue of these courts for any disputes related to this Agreement.

B. Entire Agreement

1. This Agreement constitutes the entire understanding between the parties regarding the subject matter.

2. No other agreements, representations, or warranties—whether written or oral—exist outside the provisions contained herein.

3. Any amendments or modifications to this Agreement must be made in writing.

4. Both parties must sign such changes to ensure clarity and mutual consent.

C. Severability

1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

2. Severability ensures that the Agreement remains effective even if certain parts are invalidated.

X. Signatures

IN WITNESS WHEREOF, the parties hereto have caused this Maintenance Agreement to be executed by their duly authorized representatives as of the Effective Date:

Owner

[Authorized Representative Name]

[Your Company Name]

Date: [Month Day, Year]

Service Provider

[Authorized Representative Name]

[Service Provider's Name]

Date: [Month Day, Year]

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