MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (this “Agreement”) is made and entered by and
between:
ARCHCON EVENTS ORGANIZING SERVICES, an entity duly organized
and existing under the laws of the Republic of the Philippines, with
business address at
______________________________________________, herein
represented by its _____________________, _______________ (herein
referred to as “Client”);
- and -
__________________________, of legal age, ______________ and a
resident of ______________________________________________
(“Independent Contractor”);
Each, a “Party” and together, the “Parties”.
SETS FORTH THAT:
Whereas, the Client is the organizer of the ________________________ (the
“Event”) which will be held on __________________________;
Whereas, Client desires to hire independent contractors to render work for the
duration of the Event;
Now, therefore, for and in consideration of the terms and conditions hereof,
Client and Independent Contractor agree as follows:
Section 1. Engagement. Client is hereby engaged as an independent
contractor for the duration of the Event.
Section 2. Description of the Event. The Event is an annual gathering of
individuals in order to celebrate the artistry and passion towards various hobbies (the
“Event”).
Section 3. Scope of Duties and Functions. The Independent Contractor is
hereby engaged as a ______________ to perform the following duties and functions:
a. Xxxx;
b. xxxx
Section 4. Duration of Event. The Independent Contractor is enaged only for
the duration of the Event, and is therefore, co-terminus to the completion of the Event.
Upon completion of the Event, the Independent Contractor is hereby
automatically terminated, without need of any notice.
Client is not bound or obligated to hire Independent Contractor for future events,
unless a new contract is entered into by and between Client and Independent
Contractor.
Section 5. Expected Commencement and Completion Date.
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5.1. Commencement Date. Independent Contractor shall commence
performance of duties on ____________________.
5.2. Completion Date. In the event Completion Date of the Event will terminate
earlier or later than the expected Completion Date, Client shall notify Independent
Contractor, by providing Independent Contractor with an oral or written notification.
Notwithstanding, Expected Completion Date shall at all times be co-terminus with the
completion of the Event.
In the event work for the Event is required beyond the expected Completion
Date, Independent Contractor will continue to work for such days until the Event is fully
completed. As such, the duration of the Event will be adjusted to the actual completion
of the Event.
Section 6. Hours of Work. The Independent Contractor shall be in an on-call
basis or as deemed necessary by the Client. Tardiness shall not be tolerated at any
point prior to or within the duration of the Event.
Section 7. Compensation. The Independent Contractor is entitled to a
compensation in the amount of ______________________________. The
compensation will be paid at the completion of the Event. Any delay in the payment
shall not entitle the Independent Contractor to any additional compensation.
Section 8. Loss, Destruction or Damage to Company Property. Loss,
destruction or damage committed by Independent Contractor to any of the Client’s
property, real or personal, including but not limited to equipment, fixtures, materials and
all other property required, used or to be used by the Event shall be shouldered by, and
shall be at the expense of Independent Contractor. Client shall charge such cost to
Independent Contractor and shall be deducted against his compensation.
Section 9. Injury or Loss of life or limb. Independent Contractor shall be liable
for any injury, damage, loss of life or limb, intentional or unintentional, committed by
such Independent Contractor against any person found within the Premises, Client’s
authorized representatives, other third persons required to be on site due to the
functions, and their properties, on occasion of or by reason of the work performed or to
be performed.
Section 10. Freedom to Accept Employment. After termination of the Event,
Independent Contractor is free to accept employment from other sole proprietorships,
corporations and/or other Clients.
Section 11. Severability. The various provisions of this Agreement are
severable from each other and from the other provisions of this Agreement. In the event
that any provision in this Agreement shall be held to be invalid or unenforceable by a
court of competent jurisdiction or any government entity, the remainder of this
Agreement shall be fully effective, operative and enforceable.
Section 12. Non-Regularization. The Independent Contractor is not a regular
or permanent employee of the Client, and is therefore not entitled to demand benefits
granted to Client’s regular employees.
Section 13. Consensual Agreement. Parties hereby freely and voluntarily
enter into this agreement without force, undue influence, violence and the like. Further, I
hereby acknowledge that I fully understand my rights and obligations under this
Agreement. I hereby acknowledge that the provisions under this Agreement were fully
explained to me at the time of signing hereof.
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Section 14. Venue. Any disputes arising from this Agreement shall exclusively
be brought under the proper courts of Cebu City.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures this
________________________________ at ________________________.
Client: Independent Contractor:
Archcon Events Organizing
Services
By:
__________________ ____________________________
Signed in the presence of:
______________________________ ____________________________
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CONSENT FORM
I hereby certify that all information written on this form are true and correct to the
best of my knowledge.
In compliance with the Data Privacy Act (DPA) of 2019 and its Implementing
Rules and Regulations (IRR), I voluntarily and unconditionally consent and authorize
Client to do the following acts:
1. Collect, record, organize, store, update or modify, retrieve, consult, use,
consolidate, block, erase or destroy (collectively, to “Process”) and continue to
do so for as long as I remain an employee of Client, my personal data,
information, and sensitive personal information for lease purposes and for such
other purposes relative to my employment with Client;
2. Process my personal data, information, and sensitive personal information to
effectively implement and execute contracts entered between Client and I;
3. Share my information with third parties, including parents, guardians or next of
kin, as required by law or on a need-to know basis as determined by the building
administrator to promote my best interests, or to protect my health, safety and
security, or that of others;
4. Share my information with key employees of Client, including but not limited to:
the directors, officers and lawyers, as may be necessary to effectively execute
and implement the contract entered into;
5. Share such personal data, information, and sensitive personal information to
Client’s affiliate corporations, including Eight2Eight Inc., Tagbalai’ Solutions Inc.,
St. John Paul II Cognition School, and Diatoms Fuel Inc. (together, the
“Affiliates”) as may be required, in relation to my employment with Client;
6. Sharing my directory information to my previous Clients, as previously disclosed
by me; and
7. Retain my information for a period of two (2) years from the date of termination or
expiration or termination of my employment. I consent and authorize the
destruction of my information after this period.
I am well aware of my rights provided under the DPA, including the rights to be
informed, object, access, rectify, and erase or block, subject to the conditions provided
for under the law. I also acknowledge and warrant that I have acquired the consent from
all parties relevant to this consent, and hold free harmless and indemnify Client from
any complaint, suit, or damages which I or any party may claim in relation to my
consent.
Signed this _____________________ in the City of Mandaue.
___________________________
Employee
