Contract for JaniQuest Membership

This is a legal contract between JaniQuest Cleaning Systems, Woodinville, WA, USA, (hereinafter referred to as “JaniQuest”) and

_____________________________________________ (hereinafter referred to as the “Member”).

The abovementioned parties agree to the following:

Since JaniQuest’s products and services are meant to assist individuals in the formation of their own janitorial businesses, this document will apply to individuals who have not yet established their business, and to the business that they may eventually establish while the individual and/or their business is a JaniQuest Member.

Signing this contract and submitting it to JaniQuest does not preclude in any way the Member’s right to a full refund of the purchase price of the JaniQuest product within 30 days of the Member's receipt of the product.

Definitions of terms: The word “Member” indicates and includes individuals who purchase JaniQuest’s products and services, and also indicates and includes any janitorial company that person may establish, as well as that company’s owners, officers, shareholders, and principal employees, while a Member of JaniQuest. The word “JaniQuest” indicates and includes that company as a legal entity, and that company’s owners, officers, shareholders, and principal employees. The words “end-users” and “customers” indicate and include the Member’s janitorial customers and purchasers of services. The word “product” refers to JaniQuest’s training materials, such as the Book, DVD and Documents CD.

The Members agrees and understands that JaniQuest is a service, and its function is to assist the Member through a number of means, such as allowing the Member to use the JaniQuest name, logo and trademarks in their advertising and marketing materials; making Member’s contact information available to prospective end-users of janitorial services via the Internet; and disseminating both janitorial and general business information via the Internet and other means.

The Member affirms that it is not currently a janitorial franchisor nor franchisee, and is not an operator of a business that provides services that are similar to those provided by JaniQuest; in other words, it does not sell books, DVDs, software, etc. The Member also affirms that it will not use JaniQuest’s products and services as a guide or a means by which to establish these types of businesses.

It is understood that Membership in JaniQuest is not a franchise relationship; that the Member is an entirely separate and independent entity from JaniQuest; and that Membership in JaniQuest does not constitute a partnership or joint venture. It is further understood that all Members are separate entities from each other.

The Member will conduct and execute business in a manner considered to be professional by peers and the service industry in general; to treat its end-user customers, employees, and others in a fair and ethical manner; and to make every effort to honor and fulfill contracts made with end-users.

The Member will not sell nor distribute to other parties the email addresses of JaniQuest or other JaniQuest Members for any purpose without prior permission from JaniQuest.

The Member will not make provocative, disingenuous, slanderous, or otherwise uncomplimentary remarks regarding JaniQuest, JaniQuest officers, or other Members on the Members Only website forum, or by any other method or on any other platform.

The Member has the right to use the JaniQuest name, logo, trademarks, etc, in its company name, business stationery, sales and marketing materials, service proposals, end-user service contracts, etc. To maintain the high-quality visual and graphic integrity of the logos, they must be downloaded from the Members Only website; logos may not be resized, changed or modified in any way; however, documents such as sales flyers with the logo may be copied as long as the original logo was downloaded from the Members Only site. The Member must contact JaniQuest with special requests regarding logos.

Member use of the JaniQuest name, logo, trademarks, etc, is optional, and the Member may allow JaniQuest’s services to operate “silently” and “in the background” of their business. However, even if the Member does not use the JaniQuest name and logo, the Member shall abide by this contract.

The Member will identify itself as an independent contractor in all service proposals and end-user service contracts. An acceptable form of this identification would be “ABC, an Independent Contractor”.

The end-user’s general satisfaction with the Member’s work performance is important to maintain the Member’s and JaniQuest’s names and reputations in high industry and public regard. JaniQuest will accept, but will not solicit, comments from Member’s end-user customers, and will pass those comments on to the Member; however, the Member is ultimately responsible for resolving issues with the end-user, and JaniQuest will not represent the Member or the end-user in a court of law.

Should an end-user have questions regarding the relationships between JaniQuest, its Members, and end-users, the Member should refer the end-user to the “Terms” page on the www.janiquest.com website.

JaniQuest reserves the sole right to establish a board of advisors to give opinions that may be considered in operational and Membership decisions, and also reserves the right to choose the Members of those boards.

The Member understands that Membership in JaniQuest is not a guarantee of success. Business success and failure is based on individual efforts, organization, ever-changing business climates, timing, good or bad judgment, and, sometimes, good or bad luck. Even what defines “success” and “failure” is subjective to our individual expectations and barometers. JaniQuest does not require that the Member adhere to any of its recommendations; rather, JaniQuest offers its training materials and recommendations and services as a “shopping cart”, where the Member has complete freedom to take what it likes from the program and leave behind the things it does not like. JaniQuest does not guarantee the Member’s “success”, as we have no control over individual initiative and the many variables that determine whether our program, techniques, methods, systems, or Membership in JaniQuest, will make one’s business “successful”.

The Member agrees that it will not hold JaniQuest responsible nor liable for losses, liabilities, damages, debts, injuries, etc, incurred by the Member, its employees or officers, as a result of their own actions, or through the use, misuse, misinterpretation, or “non-use” of JaniQuest training materials, methods, information, services, recommendations, third-party providers, etc, or as a result of JaniQuest Membership.

The JaniQuest Book and “Documents CD” contain sample documents and other files that the Member may modify and customize in order to fit the Member’s own business. While JaniQuest believes these original Book and CD documents to be legal, it is the Member’s responsibility to ensure that these documents, modified or not, meet the Member’s local, state and federal laws, and will not hold JaniQuest liable if said documents are not legal.

The Member understands that JaniQuest, its officers and employees are not legal, financial, tax, medical, nor business professionals; that all information, advice, products and services are offered to “the best of our knowledge”; and that said information, advice, products and services are not offered as any kind of legal, financial, tax, medical nor business guides.

JaniQuest makes reference to third-party providers, and also makes third-party products and services available to the Member as add-ons to the basic Membership. One example of an add-on service is the background checking service that allows the Member to run background checks and criminal histories on current and prospective employees. While JaniQuest believes these third-party providers to be useful, and their services to be trustworthy, JaniQuest has no control over the products, services, accuracy, quality, dependability or actions of these providers, and specifically denies responsibility and liability for losses, liabilities, damages, debts, injuries, etc, resulting to the Member, its employees or officers, its end-user customers, or any other affected parties, as a result of the use of products or services provided by third-party providers.

In the case of an issue with third-party services, the Member should notify JaniQuest in a timely manner, and JaniQuest will attempt to resolve issues with the third-party provider as quickly as possible. In the event the issue cannot be resolved in a timely manner, JaniQuest will refund the Member’s fees related to the issue if it is a service that is billed through JaniQuest, and we will make every effort to get the third-party provider to issue a refund if it is billed through them. JaniQuest will work on the behalf of the Member in these situations, but will not represent the Member in a court of law.

Pertaining to the cancellation of a Membership:

Should the billing of a monthly Membership fail, as in the case of a cancelled debit or credit card or insufficient funds, JaniQuest will make the Member aware of payment problems in a timely manner, and will give the Member a 30-day grace period in which to rectify the problem. After the 30 days, and if the payment problem is not resolved, JaniQuest reserves the right to cancel membership and to ask the Member to discontinue use of the JaniQuest name and logo.

JaniQuest reserves the right to modify policies, services and procedures. In the case of minor modifications, JaniQuest will use the Members Only website and email as acceptable forms of notice. In the case of major modifications, JaniQuest will use the Members Only website, email, and a letter or postcard or fax to notify the Member of changes. JaniQuest will make every effort to notify the Member of changes at least 30 days in advance. If the Member deems the changes to be unacceptable, it may cancel its Membership at any time.

The new Member (a Member that has been a Member for 30 days or less) may, upon receipt and inspection of JaniQuest’s products and services, cancel its Membership within 30 days of receipt of the product. The Member agrees to not copy nor transfer any part of the product in any manner, and agrees to return the product within 30 days of receiving it. Upon receipt of the product, JaniQuest will issue a full refund for the purchase price of the product.The automatic monthly billing schedule would also be canceled immediately.

JaniQuest reserves the right to cancel a membership if: It deems that the Member does not honor this agreement; if it deems that the Member's service performance to its end-users is grossly unsatisfactory; if the Member runs its business in such a way that it is deemed to be harmful to the JaniQuest name and reputation.

Upon cancellation of a Membership, the Member agrees to discontinue the use of all JaniQuest names, logos, etc. as soon as possible, and no later than 90 days following cancellation. If the Member does not discontinue use of the name and logo within 90 days, the Member agrees to pay all expenses incurred by JaniQuest in order to enforce this requirement.

This agreement may not be change or modified without prior written permission signed by both parties, and this agreement constitutes the entire agreement between both parties.

This agreement signed this day, _______________________, by

(print name) __________________________________, an individual (if a company is not yet established)

Or, the authorized officer of (company name)

_____________________________________, an independent contractor.

Signature ___________________________________________.

This agreement signed this day, _______________________, by

____________________________________, an authorized officer of JaniQuest Cleaning Systems.

Signature ____________________________________________.

End of agreement.

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