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Resources & Development -  SPA CONTRACT

THIS AGREEMENT, made as of this day of , , by and between Resources & Development. Consulting Staff member "Consultant") [or Resources & Development] and , with a place of business located at , , , (here-in after referred to as the "Company")


WHEREAS, Consultant possesses valuable knowledge, experience and skills in the area of Financial Analysis which the Company believes will contribute to the success of its business; and

WHEREAS, the Company desires to procure the services of Consultant and Consultant is willing to contract for specific projects with the Company, upon the terms and subject to the conditions hereinafter set forth; and

NOW THEREFORE, intending to be legally bound, the Company agrees to contract for the services of the Consultant and the Consultant agrees to become associated with the Company upon the following terms and conditions:


1. The Company hereby appoints the Consultant for the Company's project, and in such capacity, the Consultant and the Company shall use their best efforts and/or abilities in the performance of the duties hereunder. The Company may, from time to time, contract with the Consultant for other services and other specific projects as agreed to by the parties.

2. Consultant shall act as an independent contractor and nothing herein shall be construed to create the relationship of employer and employee between Consultant and the Company. Consultant shall at all times be free to exercise his own initiative, judgment and discretion as to how to conduct and operate his business. Consultant shall have absolute discretion as to his working methods, hours and means of operation and the Company shall have no right to direct or control Consultant with respect to his activities hereunder. Consultant shall not be treated as an employee for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Act, income tax withholding and applicable states laws, including, without limitation, those pertaining to workers' compensation, unemployment compensation and state income tax withholding.


3. For the consideration of a standard "Financial Blueprint" consulting package the company agrees to pay $0.75 per square foot (or $750 Minimum and not exceed $7500), to be paid as follows:

(a) $750 down payment before project begins.

(b) if project should exceed $750 minimum, the balance of "Financial Blueprint" contract is due after initial consultation and upon delivery of the first draft of the " Financial Blueprint " Package.

(c) By signing or submitting this contract, the company or client agrees to allow their credit card to be charged for the remainder balance on the 10th day after shipment of the first draft, unless prior arrangements, by company or client, are made.

(d) Any reimbursable expenses or additional fees due to change in size and scope of work will be billed as incurred and payable upon receipt of invoice.

(e) All payments to be made to Resources & Development, 2430 Pickwick Dr, Henderson, NV 89014.

3. Additional services will be provided on an as-needed basis as agreed to by the Consultant and the Company, beginning on or about the effective date of this Agreement. The Company will effect payment to the Consultant for services rendered at the rate of $200 per hour, and/or at a rate of $1300 per day.

4. Consultant will be reimbursed for such reasonable travel and away-from-home living expenses, necessary and actually incurred in performance of services, as have been authorized in advance and in writing by the Company. Consultant agrees to supply to the Company receipts and other supporting documentation for expenses to be reimbursed.


5. Through close consultations and discussions between Consultant and Company, the Consultant will deliver to the Company his/her best financial analysis with the data available, of the Company’s project. It will include a module for every square foot of the Company’s facility, a summary of expected revenue, expenses, profits, breakeven analysis, monthly cash flow, 5 year forward forecast, expected payroll, set-up expenses and square foot analysis. It will be bound and ready for presentation and may be used as the financial portion of the Company’s business plan. The data will be considered the property of the Company, however the tools used to build the financial model will remain property of the Consultant.


6. Consultant acknowledges and agrees that any and all work product directly connected and/or associated with the services rendered hereunder, including, but not limited to, material, writings, samples, reports, pictures and the like which the Consultant drafts, makes, conceives, invents, develops in the performance of the services hereunder, either solely and/or jointly with the Company shall be the sole and exclusive property of the Company. Consultant further acknowledges that such material shall be considered work-for-hire and Consultant acknowledges the Company's sole and exclusive right to such copyright, patent, trademarks, trade-names and other intellectual property right claims for said materials. Consultant agrees not to publish, submit for publication, display or otherwise use said material for any reason whatsoever, without the express written consent of the Company.

7. Consultant shall consider the work performed hereunder and the results thereof, as well as all information, documents and other materials provided by the Company to Consultant in order to assist Consultant in the performance of its duties herein (collectively referred to as "Confidential Information"), as confidential and proprietary to the Company. Consultant agrees to maintain in confidence for a period of three years all Confidential Information and not to divulge such Confidential Information in whole or in part to any third party, and not to make use of such Confidential Information other than in relation to the needs of the Company, without the prior written permission of the Company. This obligation shall not apply to:

(a) Confidential Information which at the time of disclosure to Consultant is in the public domain; or

(b) Confidential Information which, after disclosure to Consultant, becomes part of the public domain by publication or otherwise, other than by an unauthorized act or omission of consultant; or

(c) Confidential Information which Consultant can show by written records was within its possession at the time of the disclosure which was not acquired, directly or indirectly, from the Company; or

(d) Confidential Information which Consultant rightfully receives from a third party and which was not acquired, directly or indirectly, from the Company.


8. Any controversy or claim arising out of or relating to this Agreement, or its breach, will be settled exclusively and confidentially by final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that judgment on the award rendered by the arbitrator selected may be entered in any court with jurisdiction.

9. The parties agree to hold each other harmless for any loss of any kind suffered as a result of the errors or omissions of the other in the performance of services hereunder, except with respect to any claim arising out of gross negligence or willful misconduct.

10. This Agreement may be terminated by either party, with or without cause, upon prior written notice to the other party. Upon termination of the Agreement, the Consultant shall bill and the Company shall pay for all work that had been completed and expenses incurred by the Consultant to date.

11. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

12. This Agreement represents the entire agreement of the parties and may be modified or amended only by a writing signed by each of them.


As a legal representative for the above named project I do hereby agree to the above terms and conditions by initialing the document here and submitting this form.

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