GENERAL SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT (the "Agreement") BETWEEN:

Client Name of             

 (the "Client")
- AND –

MD Senior Living Academy LLC

(the "Contractor") 

Background

1. The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.
2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually, the "Party" and collectively the Parties" to this Agreement) agree as follows:

Services Provided 

The Client hereby consents to enter into an agreement with the Contractor for the provision of the specified services (hereinafter referred to as the "Services").

 

• Masterclass Video Series: Comprehensive video series covering all aspects of residential assisted living (RAL) ownership and operation.

 

• Monthly Mastermind Meetup Sessions: Regular meetups for students to discuss RAL topics, share insights, and network.

 

• 1:1 Private Strategy Sessions: Monthly sessions over 14 months to review and refine individual RAL strategies.

 

• Private Strategy Call Sessions: Access to experts in Operations and Marketing for personalized advice.

 

• Inside Look of RAL Operations: Exclusive opportunities to see firsthand how MDSL's RAL operations are run and receive training.

 

• Private Syndication Deals: Invitations to participate in private syndication deals within the senior assisted living space.

 

• Licensing, Policies, Procedures, and Lease Agreement Resources: Comprehensive resources to assist with licensing requirements, policy development, and lease agreements.

 

• Financial Suite Pro Forma: Tool to quickly evaluate and analyse potential RAL deals for financial viability.

 Terms Of Agreement

The term of this Agreement (the "Term") will begin on the date that this Agreement is signed by both Parties and will be in effect for the initial term of 12 months.

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). 

Compensation

The Client agrees to pay $8500 USD for the above services provided.

By signing this Agreement, Client agrees that Contractor may auto-charge Client’s credit card on file for the amount written in this contract.

Service Guarantee

The MDSL Academy guarantees to assist clients in initiating and/or acquiring a fully operating Residential Assisted Living (RAL) home within 24 months of starting the Masterclass program. This guarantee is subject to the following conditions:

1. Completion of all video course work: Clients must complete all video course work provided in the Masterclass program.
2. Participation in monthly private strategy calls: Clients must actively participate in monthly private strategy calls with experts in Operations and Marketing.
3. Active participation in Masterclass Meetup sessions: Clients must actively participate in Monthly Mastermind Meetup sessions to discuss RAL topics, share insights, and network with other students.
4. Utilization of resources and licensing guide: Clients must utilize the resources provided for licensing, policies, procedures, and lease agreements.
5. Completion of assignments related to starting a house: Clients must complete assignments and tasks as they relate to getting a house started in the RAL business.
6. Time commitment: Clients must be able to set aside time or allocate time with team members to complete these assignments and tasks.
7. Other client obligations: Clients must adhere to all other terms and conditions outlined in the MDSL Academy's program agreement.

The MDSL Academy will provide guidance, resources, and support to help clients meet these conditions and achieve their goal of initiating and/or acquiring a fully operating RAL home. If contractor

• Failure to meet these obligations will result in the invalidation of the Service Guarantee.
• Non-Fulfilment of Guarantee: In case of non-fulfilment of the Service Guarantee, a review will be undertaken. If it is determined that the shortfall was not due to the Contractor's actions or inactions and that the Contractor has fulfilled all obligations as per this Agreement, then the Service Guarantee may be considered as not met.
• Remedies for Non-Fulfilment of Guarantee: If it is determined that the Contractor failed to meet the Service Guarantee while the Client met all the criteria, then the Contractor will issue a full refund of any service fees by the Client relating to this Agreement. Alternatively, in lieu of a refund, the Contractor will extend their services to the Client for an additional 6 months at no extra cost.

Exemptions to the full money-back guarantee, which include factors outside the influence of the MD Senior Living Academy, could include:

1. Real Estate Issues: The guarantee does not apply if the client encounters legal issues, zoning restrictions, or other unforeseen obstacles related to the real estate transaction that prevent the initiation or acquisition of a fully operating RAL home.
2. Bank Financing: The guarantee does not apply if the client is unable to secure bank financing or if the terms of the financing are not favorable, making it financially unfeasible to initiate or acquire a RAL home.
3. Capital Availability of the Client: The guarantee does not apply if the client's capital availability changes significantly, impacting their ability to fund the initiation or acquisition of a RAL home.
4. Failure to Locate a Property or Suitable Deal: The guarantee does not apply if the client is unable to locate a suitable property for initiating or acquiring a RAL home, despite efforts and resources provided by the MD Senior Living Academy.
5. Market Conditions: The guarantee does not apply if market conditions change significantly, affecting the feasibility or profitability of initiating or acquiring a RAL home.
6. Force Majeure Events: The guarantee does not apply if the initiation or acquisition of a RAL home is prevented or delayed by force majeure events such as natural disasters, war, or other unforeseeable circumstances beyond the control of the MD Senior Living Academy.
7. Client Misconduct: The guarantee does not apply if the client engages in misconduct or unethical behavior that hinders or prevents the initiation or acquisition of a RAL home.
8. Failure to Meet Obligations: The guarantee does not apply if the client fails to meet their obligations as outlined in the program agreement, including completing assignments, participating in calls and meetups, and utilizing resources provided by the MD Senior Living Academy.
9. Changes in Regulatory Environment: The guarantee does not apply if changes in the regulatory environment significantly impact the feasibility or profitability of initiating or acquiring a RAL home.
10. Acts of Third Parties: The guarantee does not apply if the initiation or acquisition of a RAL home is hindered or prevented by the actions of third parties, such as sellers, contractors, or regulatory authorities, beyond the control of the MD Senior Living Academy.

 

Confidentiality 

1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
2. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
3. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

 

Intellectual Property

Both the Contractor and the Client agree to respect and uphold each other's rights, title, and interest in and to any and all intellectual property provided or created during the execution of this agreement. Neither party shall use, reproduce, or grant others the right to use or reproduce any such intellectual property without the express written consent of the owning party. Any intellectual property created by the Contractor specifically for the Client under this agreement shall be the exclusive property of the Client unless otherwise agreed upon in writing.

Copyright

Any and all content on any Website(s), social media pages, groups, profiles, emails, as well as content transmitted with and/or as part of Contractor’s products and/or Services or through any other channels, online or offline, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation, collection, assembly and arrangement thereof are protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.

 

Trademarks Contractor’s business, product and service names, page headers, logos, slogans, taglines, product names, and similar brand identifiers are trademarks, trade dresses and service marks owned by Contractor. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Contractor is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.

 

No person shall have the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Contractor or any of its partners, sponsors, parents, subsidiaries, or affiliates, absent a specific written license or assignment agreement executed by Contractor expressly granting such rights.

Capacity/Independent Contractor 

In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. The Contractor is responsible for paying, and complying with reporting requirements for all taxes related to payments made to the Contractor under this Agreement.

Creative Property 

The Contractor has the right to distribute Client results on its own social media, websites, or any other marketing platforms for the purpose of promoting the Contractors services. If the client would prefer that their results are not shared publicly then the Client can request this in writing at any time.

Notice

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

 

Client Name:

 Client Company:

 Client Email: 

 Client Address:

 

 

Contact Number:

  

2. CONTRACTOR

 

Contractor Name: MD Senior Living Academy LLC

Contractor Email: [email protected]

Contractor Address: MD Senior Living Academy LLC, 26639 N. 71^st Place, Scottsdale, AZ 85266

 

Warranty

Contractor makes no warranties, whether written or oral express or implied, either in fact or by operation of law, by statute or otherwise, with respect to any goods and/or services provided hereunder, including without limitation any implied warranty of reliability, usefulness, merchantability, fitness for a particular purpose, noninfringement, or those arising from the course of performance, dealing, usage or trade. Consultant expressly disclaims the foregoing and any other warranties with respect to the services provided under this agreement, which are provided as is, and nothing in this agreement shall be construed as a warranty given by consultant. By signing this Agreement, Client acknowledges that Contractor neither owns nor governs the actions of any third party, person, entity, platform, search engine, software, program, or system, and Contractor therefore makes no warranties in connection therewith. Client also acknowledges that, due to factors and conditions beyond Contractor’s control, including but not limited to acts of God, the actions of the Client and any of its customers, partners, employees, agents and/or representatives, the actions of third parties, and other conditions and circumstances beyond Contractor’s control, it is impossible for Contractor to guarantee any specific results. Contractor therefore does not guarantee and makes no warranties that the services provided hereunder will meet any specific intended results. If applicable, Contractor will pass along to the Client any third-party warranties relating to any goods purchased and/or installed hereunder. All other warranties are excluded including, without limitation, express and implied warranties of merchantability and fitness for a particular purpose and any implied warranties arising from course of dealing, usage of trade, or course of performance.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall contractor, subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the services, including our messaging, blogs, comments of others, books, emails, products, or third-party materials, products, or services made available through the site or by contractor in any way, even if contractor is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to client. In such states, contractor's liability and the liability of subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) Client specifically acknowledges and agrees that contractor is not liable for any defamatory, offensive, or illegal conduct of any user. If client is dissatisfied with the service, any materials, products, or with any of the service's terms and conditions, clients sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

Modification of Agreement 

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Assignment

The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Terms of Sale

Client understands that all program sales are final and non-refundable unless the Service Guarantee criteria is met. As such, Client hereby waives any rights to charge-back any purchase made under this Agreement with Client’s credit card processor. Client accepts that any outstanding payments, that are in breach of this agreement, will incur further costs (i.e. interest and late payment fees) being added to the debt.

Choice of Law

This Agreement shall be governed and construed in accordance with the laws of the U.S., and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the U.S..

Counterparts

The parties agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed one and the same Agreement. The parties further agree that e-signatures carry the same weight and effect as traditional paper documents and handwritten signatures; therefore, this Agreement may be electronically signed via any e-signature service compliant with the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA) as of the Effective Date of this Agreement.

 

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on

  

Client Signature:

 

  

 

Sendhil Krishnan, Founder

MD Senior Living Academy LLC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Service Agreement

 

This section outlines the mutual expectations and responsibilities intended to foster a positive and collaborative working relationship between the Contractor and the Client. Both parties agree to conduct themselves in a professional and respectful manner and to communicate any concerns, questions, or needs promptly and clearly. The aim is to create a harmonious working environment that is conducive to achieving the goals set forth in this agreement.

 

• I understand and acknowledge that I am getting access to all support elements for the period of my contract and these support elements will be revoked once my contract ends.
• I promise to show up on time to calls, respond to messages promptly, complete tasks according to instructions, meet deadlines and conduct myself in a friendly, polite, and courteous manner.
• I understand and acknowledge that if I’m rude or display an attitude or become otherwise disruptive to work with or behave in a way that negatively affects the MD Senior Living Academy Team or other clients, I will be warned first, and if it happens repeatedly, MD Senior Living Academy may stop all services with immediate effect with no entitlement to a refund.

 

• I promise to share small and big wins on Slack so the team can all celebrate them with me and push me to new heights.
• I acknowledge that the service provided is intended as a supplement, and not a substitute, to my own efforts to grow my business, and although the Contractor has helped many people grow their business in the past, success with any service depends on the unique circumstances and work put in by each individual client, and as a result, there is no guarantee that I will achieve results similar to those achieved by other clients, or any results at all.

 

• I further understand and acknowledge that regardless of the results I will achieve, due to the intense time and resources dedicated to me, all payments are final, and any remaining balances are to be paid and I am not entitled to a refund (neither in part nor in full).

 

• Finally, I commit to nothing but greatness and will use my time with MD Senior Living Academy as an opportunity to expand my comfort zone, learn from others, absorb as much knowledge as possible and grow as a person.

By signing this document, I agree that I have read, understood, and acknowledged this Service Agreement and will follow the rules outlined above.