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A. Client is a frequent customer of Agency’s in-room hotel babysitting program (the “Program”) pursuant to which Agent provides Client with in-hotel babysitting services during Client’s visits to Las Vegas, Nevada (the “Services”). The Services are provided pursuant to the Program and certain Nanny Agreements Authorization Forms signed by Client (each, a “Babysitting Agreement”).
B. As a frequent customer of the Services, Client desires to become a member of Agency’s “Red Carpet Club” to receive a discount on the Services as provided below.
NOW, THEREFORE, in consideration of the promises and mutual covenants and conditions hereinafter contained, and for other good and valuable consideration, the parties hereby agree as follows:
1. Membership Fee. Upon signing this Agreement, Client shall pay Agency a membership fee of Ninety-Nine Dollars ($99) (the “Membership Fee”) by credit card to become a member of the Red Carpet Club. Upon Agency’s receipt of such payment, Client shall be a member of the Red Carpet Club. The Membership Fee shall also be due on each anniversary date of the Initial Term (as defined below). Client’s failure to pay the Membership Fee on each such anniversary date shall automatically terminate Client’s membership from the Red Carpet Club.
2. Member Benefits; No Assignment. As a member of the Red Carpet Club, Client shall be entitled to a discount of Ten Dollars ($10) per hour from Agency’s normal hourly rates, does not include holiday rate, then in effect for the Services. Except as set forth herein, all terms and conditions of the Program and the Babysitting Agreements shall remain in full force and effect, including, without limitation, any minimum hours requirements applicable to the Services. This Agreement is not transferable by Client, and Client shall not assign this Agreement without Agency’s prior written consent, which may be granted or withheld in Agency’s sole and absolute discretion
3. Term and Termination. The initial term of this Agreement shall be 365 days from the date hereof (the “Initial Term”), provided, however, that this Agreement shall automatically renew for successive 365 day periods unless Client provides Agency with written notice to terminate no later than 30 days prior to the end of the Initial Term or any subsequent renewal term, as applicable. Notwithstanding the foregoing, if Agency, in its sole and absolute discretion, determines that Client is unsuitable for the Services, Agency may terminate this Agreement effective immediately upon Agency sending written notice to Client to the address reflected below Client’s signature on this Agreement.
4. Miscellaneous. The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to such State’s conflict of laws principles. The parties hereby consent to the jurisdiction of the state courts of the State of Nevada for any dispute involving this Agreement. No remedy set forth herein shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. The prevailing party or parties to any litigation or other proceedings arising out of this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees from the other party or parties. If it is determined by a court of competent jurisdiction that any provision of this Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms. No modification of, or amendment to, this Agreement (including any implied waiver) shall be effective unless in writing signed by all parties hereto. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof and merges all prior or contemporaneous agreements and understandings (whether written, verbal or implied) of the parties with respect thereto. This Agreement may be executed in any number of counterparts, and each counterpart executed by any of the undersigned, together with all other counterparts so executed, shall constitute a single instrument and agreement of the parties.