Contract writing on HIRING A PERSONAL TRAINER Assignment | Custom Homework Help

As discussed during our exercise in class, your assignment will be to draft a contract. I have posted a sample “Tim Horton’s “contract that you may use as a template. Here are the rules for the assignment.
1. The topic of the contract has to be an everyday transaction for which you would not normally write a contract.
2. As for good subjects, HIRING A PERSONAL TRAINER
3. I am looking for something between 2 to 3 pages long. No longer. Typed.
4. You are free to copy from the contract template I have provided in terms of the format of the contract. In other words, you can put the parties names at the top like I did, you can use the “recitals” (which are the A., B., and C at the beginning of the coffee contract I gave you). You can use the headings and the final paragraph at the end of the contract where people would sign.
5. I am not looking for fancy legal language and I am more interested in the quality of your analysis in terms of the rights and obligations being exchanged between the parties.
6. Not every term in the coffee contract will be relevant to your contract. You will have to write what you think is relevant to what your contract.
7. IT SHOULD BE IN SIMPLE ENGLISH WORDS.

 

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  • This contract dated June 5, 2020
  • Between:
  • Joe Coffeelover (the “Buyer”)
  • And:
  • Tim Hortons Corporation of Canada (the “Seller”)
  • (collectively referred to as the “Parties”)
  • Whereas:

 

  • The buyer wishes to buy a cup of coffee on the            specifications outlined in   this agreement (the “Coffee”)

 

  •      The Seller wishes to sell a cup of Coffee

 

  • The Parties wish to outline their respective rights and obligations.

 

In consideration of the mutual promises contained in this agreement the Parties agree as follows:

  1. Sellers Obligations
  2. a) The seller agrees to provide one (1) cup of coffee on the following specifications:
  3. i) container size: 325 milliliters (“ml”) plus or minus 20 ml.
  4. ii) composition: wax lined cardboard cylindrical container reasonably fit for                                                    the purpose of containing a hot beverage.

iii) contents:              not less than 300 ml. of “Fresh Brewed” (meaning coffee                                                       brewed with hot water consisting entirely of roasted Arabica                                                  coffee beans that have been brewed not more than 20                                                           minutes of the placing of the order by the Buyer in                                                              accordance with theterms of this agreementand having a                                                          temperature of not less than ninety (90)degrees Celsius and                                        not more than ninety-eight (98) degreesCelsius).  The Seller                                      represents and warrants that the contents are safe for                                                            consumption and not contaminated in any way.

 

  1. iv) customization: The Buyer shall, at the buyers sole option be provided with                                                   the following ingredients in such             amounts as may be                                                             reasonably specified by the Buyer at the time of order, which                                                ingredients shall be provided at no additional cost to the
  2. Dairy based table cream
  3. Non-dairy based whitener
  4. Sugar
  5. Sugar substitute
  6.        Plastic lid with a partially detachable cover
  7.        Plastic stir stick with a length not less than the                                                                           depth of the coffee             container
  8. Additional cardboard sleeve for cup

 

  1. v) Delivery: The Coffee shall be delivered to the counter of the Seller’s                                                    place of business.  All further transport of the Coffee shall be                                               thesole responsibility and expense of the Buyer.
  2. vi) Quality: Upon  delivery, the Seller warrants and agrees that in                                                                         normal handling circumstances the coffee will remain Fresh                                                            Brewed for a period of not less than five (5) minutes from the                                                time of delivery. The Seller agrees that it will bear                                                                     responsibility for ensuring that the Coffee is of reasonable                                                    quality and safe to drink by the Buyer.
  3. v) Deadline: In theevent that the Fresh Brewed coffee is not delivered                                                      within five (5) minutes of the placing of the order,the Buyer                                                   may rescind this agreement and no further remedy shall be                                                  available to the Buyer or the Seller.
  4. Buyers Obligations
  5. a) Payment: The Buyer agrees to pay the Seller for the Coffee as follows:
  6. i) Price: one dollar and eighty five cents($1.85) of the lawful money of
  7. ii) Form:                      Cash in denominations of not more than twenty                                                                       ($20.00) dollars
  8. Debit card from a Canadian bank, credit union or trust                                                            company;or
  9.          a recognized credit card bearing either a “Visa” or                                                                    “Mastercard” brand issued by a Canadian bank, credit                                                            union or trust company.

 

  1. c) Buyer Conduct: The Buyer agrees that he/she will ensure the following:
  2. i) Service Time: The Buyer agrees to wait respectfully in line when required                                                  and recognizes that Coffee will be provided on a first come                                                   first serve basis.
  3. ii) Order Time: Upon being recognized by representatives of the                                                                     Seller  the Buyer will place his/her order for the Coffee                                                           in areasonably prompt manner.

iii) Departure:            Upon delivery of the Coffee the Buyer will vacate the                                                              counter area of the Seller in a prompt and                                                                                  businesslike fashion to make way for other                                                                               customers of the Seller.

  1. iv) Nuisance: The Buyer will not do or state anything that might reasonably                                               be considered to be a nuisance to the business of the Seller                                                            and if therepresentative of the Seller, acting reasonably but                                                  in the interests of the Seller, determines that the Buyer is                                                      conducting him or herself            in such a fashion as to cause a                                                    nuisance to the Seller or its other customers, then such                                                           representative shall             have the right to inform the Buyer that                                                          he/she has become a trespasser on the premises of the                                                  Seller and the Buyer shall be required, immediately, to                                                           leave the premises of the Seller.

In witness to the terms and conditions contained within this agreement, the Buyer and the Seller have signed this agreement in the space indicatedbelow on the 5thday of June, 2020.

__________________

Joe Coffeelover

 

 

The Tim Horton’s Corporation by its

Authorized Signatory(ies)

 

_____________________

 

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