Guardian Owl, LLC Consulting Agreement:

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Updated last: Jan - 2024

Email *

If signing up multiple businesses, please fill out a separate agreement for each one. Thank you.

Please select today's Date:
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YYYY

Contractor LLC / Business Name: *

Contractor / Business Owner Name: First & Last Name please
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Contractor / Business Owner Phone Number: with area code please
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Contractor / Business Owner eMail:
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Contractor / Business Owner Mailing Address: Street Address, City, State & Zip code
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BC Manager: First & Last Name: Whom you want Guardian Owl to be in contact with

If no BC put TBD

BC Manager Phone Number: With area code please

Whom you want Guardian Owl to be in contact with

BC Manager eMail:

Whom you want Guardian Owl to be in contact with

Second BC Manager: First & Last Name: Whom you want Guardian Owl to be in contact with if your first BC is off.

If no BC put TBD

Second BC Manager Phone Number: With area code.

Whom you want Guardian Owl to be in contact with if your first BC is off.

Second BC Manager eMail: Whom you want Guardian Owl to be in contact with if your first BC is off.
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Total Employees I have under my business: *

Address of Business Location or locations: (Your employees will be coached at)
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The Agreement is entered into date this form is submitted by the consultant of Guardian Owl, LLC located at 4901 Count Street, Harrisburg, PA 17109

FYI: The billing cycle is a week to week cycle. The cycle starts on a Saturday and will end that Friday. (Sat, Sun, M, T, W, TH, F)

Note: You do not have to start on a Saturday. If Guardian Owl is starting in the middle of a bill week, the bill will be adjusted for that week.

Once agreement form is completed and your W9

Guardian Owl services will start.

I agree to the following information above by checking the box.

Required

A NEW Agreement will be sent out if services are continued after a year from the date this form was submitted: (You will be locked in at the price for a year) *

I certify that I understand and consent to the information above by checking this box.

Required

Date you would like to start your services with Guardian Owl? *

YYYY

IN CONSIDERATION OF Consultant providing expertise and services, and Client receiving and providing compensation for the expertise and services, the Parties agree to the following:

By Checking the BOX you are signing off on Services

The Consultant agrees to perform the following services (the “Services”):

(Package you would like to go with)

Services dates covers Saturday to that Friday for the week.

Barn Owl Package: Safety Meetings Only

Northern Hawk Owl Package: Accident Packets Only

Snowy Owl Package: Safety Meetings & Accident Packets

Great Horned Owl Package: Safety Meetings, Accident Packets, Coverage Your KI’s & D.S.P.S.

Great Horned Owl GOLD Package: Safety Meetings, Accident Packets, Coverage Your KI’s & D.S.P.S., Workers Comp. & CT Trainer Unlimited Drivers Entries

Please select the date you want your services to start. *

YYYY

The invoice bill date cycle will start on a Saturday for the Client and the bill cycle will end Friday.

For all Services performed and all pre-approved expenses incurred during the week to week contract.

FYI: The billing cycle is week to week. The cycle starts on a Saturday and will end that Friday. (Sat, Sun, M, T, W, TH, F)

Note: You do not have to start on a Saturday. If Guardian Owl is starting in the middle of a bill week, the bill will be adjusted for that week.

The invoice will be emailed to you via GUARDIAN OWL LLC <mailer@waveapps.com on a Friday or Saturday. Due date will be by Tuesday.

Payments can be accepted in one of the following methods:

- Business check: mailed to 4901 Count Street Harrisburg, PA 17109

- ADP if your company uses ADP send Guardian Owl up I can add my banking information.

Use email: GuardianOwlLLC@gmail.com

- Guardian Owl LLC banking is through Members 1st Credit Union. Can get a transfer payment setup. Guardian Owl can provide you that information if needed. Just let me know.

There will be a two day grace period after the due date of Tuesday each week. If payment is not received by Thursday all services and QR codes may be suspended until payment is paid in full.

*** All payments are non- refundable ***

I agree to the following information above by checking the box.

Required

Term and Termination

Guardian Owl honors the contract made between the LLC and the client, and it is expected that this honor goes both ways. It is completely understandable if a time comes to move on from Guardian Owl, we just ask for a 30 day notice. If 30 days cannot be done, please communicate with us on what we could do to continue our services or what Guardian Owl needed to improve on. If desired, we can offer another membership agreement that is better for you. We can go over these options with you at any time if you contact us.

Term. This Agreement will begin on the Effective Date and will continue on a week-to-week basis. (Saturday to Friday)

Termination.

4.2.1. Either Party may terminate this Agreement at any time by providing the other Party with a thirty (30) day written notice or eMail. If no payment has been received, all services and QR codes will be deactivated.

4.2.2. Either Party may terminate this Agreement at any time, with or without notice, if the other Party breaches any material term of this Agreement.

4.2.3. Whenever a termination or cancellation has been received, all documents or reports during the term served will be emailed or sent by mail. Keep in mind this may take up to 90 days for you to receive them.

4.2.3. A change of membership can be changed at ANYTIME. Upgrade or downgrade. If you’re looking to, contact us and let us know what you're looking for. Guardian Owl will try our best to help figure out a membership that fits for you.

Relationship of the Parties

Binding Authority. The Consultant does not have the authority to bind the Client to any contracts or commitments without the Client’s written consent. This also goes for the Client does not have the authority to bind the Consultant to any contracts or commitments without the Client’s written consent.

Independent Contractor. The Consultant and client are an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party.

No Exclusivity. The Parties understand this Agreement is not an exclusive arrangement. The Parties agree they are free to enter into other similar agreements with other parties.

Ownership. All work products created by the Consultant in connection with performing the Services is the exclusive property of Guardian Owl, LLC and the Consultant can stop or suspend services if payment or contract is not met. This also includes all QR code FORMS.

Confidentiality

The Consultant understands the Consultant may have access to Client’s confidential information. The Consultant agrees to use the Client’s confidential information solely for the purpose of performing the Services. The Consultant agrees not to share the Client’s confidential information with anyone else unless required by law. The Consultant’s obligation to maintain confidentiality will survive termination of this Agreement and will remain in effect indefinitely.

The Client may ask the Consultant to sign a separate confidentiality agreement which is to be expressly incorporated as a part of this Agreement.

Dispute Resolution

Choice of Law. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Pennsylvania law.

Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. Please communicate with Guardian Owl any time by calling 717-343-6795 or by email at GuardianOwlLLC@gmail.com

Guardian Owl will communicate with you as well. We want to create a honest partnership with you.

Mediation or Binding Arbitration. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration. No refund will be given for prior weeks/months before. Guardian Owl will help fix any issues going forward to improve our services.

Attorney’s Fees. In the event of Arbitration and/or Mediation, the prevailing party will be entitled to it's own legal fees, and it's own attorneys’ fees.

If you're going to court for an accident or workers comp issue and you need Guardian Owl to help provide information for your case, we will provide any information we have. Guardian Owl is not responsible for covering any of the document fees if they need to be printed. Files will be emailed in a PDF format. If Guardian Owl is needed to appear in court as a witness for you, Guardian Owl is not responsible for any court or attorney fees. Additional fee's will be added to your bill to cover Guardian Owl extra time away.

General

Amendments. This Agreement may be modified as desired by the Parties. Any changes to this Agreement must be made in written form, to be signed by both Parties afterwards.

Complete Contract. This Agreement constitutes the Parties’ entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the Parties, whether they were made before or after signing this Agreement. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.

Indemnification. The Parties agree to indemnify one another against all damages caused by their negligent acts and/or performance.

Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Standard of Performance. The Consultant acknowledges and represents the Consultant has the necessary training, experience, and credentials required to perform the Services. The Consultant agrees to follow professional standards and applicable laws when providing the Services.

Waiver. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing. If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.

Permission to talk and coach your drivers:

By signing this contract this will allow Guardian Owl to have the right to talk to your employees in person, text message, or by phone.

When Guardian Owl talks to your employee, we are only guiding them to coach the bad safety behavior or walking them through an accident. Guardian Owl will be talking to them with respect and in a safe manner. If English is not an employee's first language, a manager or another employee will be asked to translate.

Guardian Owl can’t hold the employee accountable for not complying to the rules. Guardian Owl is only a consultant. The company of the employee is the one that can hold the employee accountable.

If you need ideas to help the employee comply with the rules more please reach out to Guardian Owl for guidance.

QR codes:

The QR codes will be placed in all your fleets. They will be posted up by tape and can be removed by you if our contract has ended or terminated. The QR codes allow your employee to complete a form, which is the fastest way to get it to Guardian Owl and to you ASAP.

Drivers needs to download Google Drive & have a gmail account for submitting accident packets with photos

Last updated as of 10/5/2022

I agree to the following information above by checking the box.

Required

When an Accidents Occurs:

Driver MUST complete the Guardian Owl Accident Packet form on site of the accident before they leave the scene of the auto, property, or injury accident. Photos can be uploaded by Google Drive with a Gmail account login OR drivers can send them via text to 717-343-6795 or e-mail GuardianOwlLLC@gmail.com.

Please NOTE: All accidents are required to be submitted to FedEx or your Corporate Company within two hours of the accident. This is the contractor's responsibility.

Once Guardian Owl receives the packet and photos we will e-mail all that info over to the contractor. It is the contractor's responsibility to send the accident packet and photos over to FedEx/Corporate Company you're associated with within a 24-hour window from the time an accident occurs. With the contractor's permission via email confirmation permitting Guardian Owl, we can send over that email to FedEx/Corporate Company you're associated Fed

Guardian Owl can help provide your insurance with a cheaper quote that can help with your claim cost.

I agree to the following information above by checking the box.

Required

Guardian Owl, LLC Consulting Agreement Signature

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I agree to the ALL the following information above by typing my name below.

Guardian Owl, LLC Consulting Agreement Signature Date

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