This Agreement is made and entered into this ___ day of _________, 20, by and between:
Client / Landowner:
Name: ______________________________
Address: ____________________________
Contact No.: _________________________
(hereinafter referred to as the “Client”)
– AND –
Service Provider:
Name: ______________________________
Business Name (if applicable): __________________________
Address: ____________________________
Contact No.: _________________________
(hereinafter referred to as the “Service Provider”)
Collectively referred to as the “Parties.”
1. SCOPE OF SERVICES
The Service Provider agrees to provide professional management services for the development, maintenance, and monitoring of an Agarwood (Aquilaria spp.) plantation on the Client’s land located at:
Location: ____________________________
Total Area: ________ hectares
Services include but are not limited to:
- Land preparation and planting layout
- Seedling sourcing and planting
- Fertilization, pest and disease management
- Inoculation for agarwood resin induction (if applicable)
- Pruning and maintenance
- Periodic inspection and reporting
- Harvest assistance and post-harvest advisory
2. TERM OF AGREEMENT
This Agreement shall commence on ___________ and shall remain in force for a period of ___ years, unless terminated earlier in accordance with Section 10.
3. COMPENSATION
The Client agrees to compensate the Service Provider as follows:
- Initial Setup Fee: PHP ________, payable upon signing.
- Monthly Management Fee: PHP ________, due every 30th of the month.
- Performance Bonus (Optional): PHP ________ upon successful harvest or after ___ years.
OR
- Profit Sharing: ____% of net income from agarwood harvest, in lieu of monthly fees.
All payments shall be made via bank deposit or other agreed payment channels.
4. MATERIALS AND INPUTS
- The Client shall provide funding for inputs such as seedlings, fertilizers, and inoculants unless otherwise agreed.
- The Service Provider shall ensure quality sourcing and appropriate use of all materials.
5. ACCESS AND SUPERVISION
The Service Provider shall have reasonable access to the property to perform management tasks. The Client may inspect operations at any time with prior notice.
6. RECORD KEEPING AND REPORTING
The Service Provider shall maintain accurate records of all plantation activities and submit progress reports every ___ months.
7. HARVEST AND PROFIT-SHARING
Harvesting shall be conducted under joint supervision. If profit-sharing is agreed upon, a transparent accounting report must be provided within 30 days of harvest sale.
8. RISK MANAGEMENT
Both parties acknowledge the risks involved (e.g., natural disasters, market volatility). The Service Provider will implement best practices to reduce risks, but shall not be held liable for events beyond reasonable control.
9. CONFIDENTIALITY
Both parties agree to keep all proprietary information and plantation data confidential unless disclosure is required by law.
10. TERMINATION
This Agreement may be terminated:
- By mutual written consent.
- By either party upon 60 days’ written notice.
- For breach of terms, provided a 30-day remedy period is allowed.
Upon termination, the Service Provider shall submit all records and reports related to the plantation.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines (or applicable jurisdiction).
12. DISPUTE RESOLUTION
Any disputes arising out of or in connection with this Agreement shall be resolved amicably. If unresolved, parties agree to submit to arbitration in _____________.
13. MISCELLANEOUS
- This Agreement constitutes the entire understanding between the Parties.
- Amendments must be in writing and signed by both Parties.
- Neither party shall assign their rights or obligations without written consent.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CLIENT / LANDOWNER
Signature: _______________________
Name: ___________________________
Date: ____________________________
SERVICE PROVIDER
Signature: _______________________
Name: ___________________________
Date: ____________________________
Witnesses: