Department of Exploration, Adventurers and Defence - Myste-Hass Adventurer's Contract

Myste-Hass Adventuring Services

This independent contractor agreement (the “Agreement”) is made and entered into as of _____________ (the “Effective Date”) between ______________, an independently incorporated adventuring problem solving and research body (the Adventurer), and The Myste-Hass Department of Exploration, Adventurers and Defence (the “Contractor”) for the exploration of the ___________________ (the "Location").

The Contractor requests the Adventurer to perform services (stipulated below); and

The Parties therefore agree as follows:

1.0 Term and Termination.

1.1. This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Adventurer has completed the Services (the "Term"), unless earlier terminated under this Section 1.

1.2. Either Party may terminate this Agreement for cause by providing the other Party written notice if the other Party: (i) is in material breach of this Agreement and has failed to cure such breach within five (5) days after its receipt of written notice of such breach provided by the non-breaching Party; (ii) engages in any unlawful business practice related to that Party's performance under the Agreement; or (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, ceases to do business, makes an assignment for the benefit of its creditors, or has a receiver, trustee or similar party appointed over any part of its property.

1.3 Any attempt by one Party to coerce the other into singing this Agreement, whether by magical or mundane force, shall immediately render the Agreement null and void in its entirety.

2.0 Adventurer Services.

2.1. During the Term, the Contractor may engage the Adventurer to provide the following services as needed (the "Services"), or other such services as mutually agreed upon in writing by the Parties.

2.2. Unless stipulated otherwise in the Agreement, the Adventurer shall provide all necessary equipment to perform the Services. If the Adventurer has obtained employees or agents (the "Adventurer Personnel"), the Adventurer shall be solely responsible for all costs and risks associated with the Adventurer Personnel.

2.3 As a result of providing the Services, the Adventurer or Adventurer Personnel may come into the possession of valuable goods (the "Treasure"). Any such Treasure shall be considered the sole property of the Adventurer, provided any magical items found are disclosed to The Myste-Hass Department of Exploration, Adventurers and Defence for accurate record keeping.

2.4 The Services to be provided to the Contractor by the Adventurer are as follows:

To explore, document and clear the following Location of all threats that may pose risk to life.

2.5 The agreed upon payment for the completion of the Services and fulfillment of the Agreement by the Contractor to the Adventurer is as follows:

100gp or 90gp, and one month’s food and board at the Myste-Hass Adventurer’s Guild.

2.6 Upon completion of the Agreement, the Contractor shall remit payment to the Adventurer within one week of request.

2.7 The Contractor shall not be responsible for taxes, levies, or fines derived from the Adventurer's net income or for the withholding and/or payment of any royal taxes, guild fees, church tithes or other legal requirements applicable to the Adventurer.

3.0 Independent Adventurer Status.

3.1. The Parties intend that the Adventurer and any Adventurer Personnel be engaged as independent contractors of the Contractor. Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

3.2. The Adventurer may not act as agent for, or on behalf of, the Contractor, or to represent the Contractor, or bind the Contractor in any manner unless stipulated as such in the Services.

3.3. The Adventurer will not be entitled to worker's compensation, retirement, insurance, or other benefits afforded to employees of the Contractor.

3.4 Any attempted claim of ownership upon the eternal soul(s), life-force(s), life(lives), servitude(s), or any such physical, mystical, arcane, metaphysical, or spiritual aspect, etc., of the Adventurer by the Contractor shall immediately and unequivocally be considered null and void from the outset.

3.5 Any attempted claim of ownership upon the eternal soul(s), life-force(s), life(lives), servitude(s), or any such physical, mystical, arcane, metaphysical, or spiritual aspect, etc., of the Contractor by the Adventurer shall immediately and unequivocally be considered null and void from the outset.

4.0 Representations.

4.1. Both Parties represent that they are fully authorized and empowered to enter into this Agreement, and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third-party, or violate any agreement between the Parties and any other person, firm or organization or any law or governmental regulation.

5.0 Indemnification.

5.1. The Contractor holds no liability for any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, whether direct or consequential and including attorneys’ fees and costs for any injury, Physical, Mental, Metaphysical, or Spiritual, sustained by the the Adventurer, the Adventurer Personnel, its affiliates, and its respective officers, directors, agents, and employees.

6.0 Confidential Information.

6.1 Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, arcane incantations, employee and customer information, demonic true-names, magical artifact locations, and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.

6.2 Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any legitimate law, or (iv) the disclosure of which to third parties is necessary to the continued life, health, and property of the Adventurer, the security of the Realm, the continued existence of the Prime Material Plane, the necessary continuation of the hostilities which constitute the Blood War, and/or the existence of the Multiverse.

7.0. Liability.

7.1. Except with respect to the Parties’ indemnification obligations as well as any agreed upon terms stipulated within the agreement, the Contractor shall not be liable to the Adventurer for any special, indirect, incidental, punitive, or consequential damages arising from or related to this agreement, including bodily injury, disfigurement, mental harm, derangement, anguish, spiritual turmoil, demonic possession, death, undeath, loss of revenue, or profits or other benefits, loss of property, and claims by any third party, even if the parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of Contract, breach of warranty, negligence, strict liability, and other torts.

8.0 Disclaimer of Warranty.

8.1. The warranties contained herein are the only Warranties made by the Parties hereunder. Each Party makes no other warranty, whether express or implied, and expressly excludes and disclaims all other Warranties and representations of any kind, including any Warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.0 Miscellaneous Provisions.

9.1. This Agreement, and any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written, oral, or psychic between the Parties, preceding the date of this Agreement.

9.2. This Agreement may be amended only by written agreement duly executed by an authorized representative of each party.

9.3. If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the Parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

9.4. This Agreement shall not be assigned by either party without the express consent of the other party.

9.5. A failure or delay in exercising any right, power, or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power, or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power, or privilege or the exercise of any other right, power, or privilege.

9.6. When signed and sealed upon the Prime Material Plane, this Agreement is to be governed by and construed in accordance with the laws of the kingdom, principality, state, or territory within which this Agreement is signed and sealed without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will be brought, tried, and resolved by the nearest, unbiased, judicial authority which has competency in such matters. The Parties shall agree upon the judicial authority to be approached in such an event. If such an agreement upon a judicial authority cannot be made by the parties, the choice of judicial authority shall reside with the Contractor.

9.7 When signed and sealed upon a plane of existence other than the Prime Material Plane, this Agreement is to be governed by and construed in accordance with the laws of the kingdom, principality, state, or territory upon the Prime Material Plane within which the Adventurer has established domicile or quasi-domicile without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will be brought, tried, and resolved by the nearest, unbiased, judicial authority which has competency in such matters. The Parties shall agree upon the judicial authority to be approached in such an event. If such an agreement upon a judicial authority cannot be made by the parties, the choice of judicial authority shall reside with the Contractor.

9.8 The Parties freely agree to willful submission to the casting and use of the spell known as Zone of Truth during any legal proceeding arising out of this Agreement. Willful resistance to Zone of Truth during any legal proceeding will be considered as admission of guilt.

The Parties are signing this Agreement on the date stated in the introductory clause.

Adventurer

Signature: _________________________________

Name: _________________________________

Contractor

Signature: _________________________________

Name: _________________________________

Title: _________________________________