Sweet Water Golf, Inc.

2554 Geryville Pike

Pennsburg, PA 18073

Phone (215) 541-3111

Fax (215) 541-1893

www.golfsweetwater.com

Teaching Consultant Contract

By this contract, made this _____ day of ______, between Sweet Water Golf Inc. (hereinafter referred to as “the Corporation”), and ______(hereinafter referred to as “the Consultant”), who is located at Sweet Water Golf Course & Driving Range, the parties hereby agree as follows:

  1. Terms of Contract

·  Consultant will perform work in accordance with schedule set forth in Exhibit A. There exists no expectancy of continued employment, renewal or re-contract beyond the above noted term.

  1. Scope and Performance of Contract

·  Consultant shall perform services in accordance with the specifications set forth in Exhibit A, attached hereto and made a part hereof, and as directed by Jeff Vietmeier, President, Sweet Water Golf Inc. (hereinafter “the Supervisor”).

·  Time is an essential element of this contract.

·  Consultant shall have sole responsibility and liability for any damage to or loss of Consultant’s equipment used in performance of the contract.

·  There will be no series lessons starting beyond October 1st and all series lessons must be completed by December 1st. All lessons cannot be carried into the next year.

  1. Compensation and Method of Payment

·  Consultant’s services are subject to the approval of the Supervisor before payment to Consultant shall be made.

·  Consultant’s social security number or federal tax identification number is ______.

·  As compensation for satisfactory performance of the work described in Section 2 above, Corporation shall compensate Consultant 80% for individual one-hour and half hour golf sessions and 75% for clinics to be paid on a bi-weekly basis.

·  Consultant shall receive no additional payments for benefits, expenses, or other perquisites other than as set forth in bullet above without the Corporation’s prior written approval.

·  Corporation shall provide or pay for only those items or services specifically indicated in this contract. No additional costs for items or services will be borne by the Corporation without its prior consent, specifically written herein or attached hereto as Exhibit A.

·  Consultant may only give lessons at the above site and charge only set fees indicated by the Corporation.

  1. Independent Contractor

·  It is understood and agreed that while teaching lessons or clinics, the Consultant is an independent contractor of the Corporation and not an employee. The Corporation will not withhold income taxes, social security, or any other sums from the payments made to the Consultant hereunder. If the Consultant employs additional persons in the performance of this Contract, those persons shall in no ways be considered employees of the Corporation, but rather they shall be employees or contractors of the Consultant, and the Consultant bears full responsibility for compensating those persons.

·  The Consultant shall in no way hold himself/herself out to any third person as an agent or employee of the Corporation.

·  Consultant warrants that Consultant has not employed or retained, paid or agreed to pay any other person, partnership, corporation, or other than a bona fide employee or agent working for Consultant, to solicit or secure this contract.

  1. Termination of Convenience

·  Upon written notice to the Consultant, the Corporation may terminate this Contract, in whole or in part, whenever the Corporation shall determine that such termination is in the best interest of Sweet Water Golf Inc. The Corporation shall pay Consultant’s compensation for satisfactory service up to the date of termination.

·  Consultant is responsible for completing all series lessons upon notice of resignation of employment.

·  Resignation must be made 30 days in advance or no lessons/clinics pending.

  1. Termination for Default

·  When then Consultant has not performed or has unsatisfactorily performed the Contract, payment shall be withheld at the discretion of the Supervisor. Failure on the part of the Consultant to fulfill contractual obligations shall be considered just cause for termination for the Contract, and the Consultant is not entitled to recover any compensation incurred by the Consultant up to the date of termination.

  1. General Terms

·  This Contract shall be governed by the laws of the State of Pennsylvania without reference to conflict of law principles. All legal action must be brought in the courts in the State of Pennsylvania or in U.S. District Court for the District of Pennsylvania. Consultant consents to the jurisdiction of said courts.

·  This Contract and Exhibit A constitute the entire understanding of the parties and shall supersede all previous agreements, communications, representations, and/or understandings, either written or verbal, between parties.

·  This Contract shall not be deemed or construed to be modified, amended, extended, rescinded, cancelled, or waived in whole or in part, except by written amendment of the parties hereto.

·  This Contract may be assigned or otherwise transferred by Consultant.

·  In the event that any terms of this Contract is or becomes or are declared invalid or void by any court or tribunal of competent jurisdiction, such terms shall be null and void and shall be deemed severed from this Contract, and all the remaining terms of this Contract shall remain in full force and effect.

·  No action, regardless of form, arising out of this Contract may be brought by either party more than one (1) year after the cause of action has risen.

·  No waiver by either party of any breach of any provision of this Contract shall constitute a waiver of any other breach of that or other prevision of this Contract.

·  Neither party shall be responsible for complying with any provision of this contract of Exhibit A when prevented from complying with such contractual provision due to Act of God or any other legitimate condition beyond the control of such party.

·  “If, in Corporation’s sole determination, the Consultant arrives at the work site noticeably under the influence of intoxicating beverages, narcotics or drugs, Corporation may cancel this Contract without liability.

  1. Notices

·  Notices under this Contract will be written and will be considered effective upon personal delivery to the person addressed or five calendar days after deposit in any U.S. mailbox, first class (registered or certified) and addressed to the other party as follows:

For Sweet Water Golf Inc.:

Jeff Vietmeier

President

Sweet Water Golf Inc.

2554 Geryville Pike

Pennsburg, PA 18073

For the Consultant:

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of ______.

Consultant: ______

, Teaching Professional

Supervisor: ______

Jeff Vietmeier, President, Sweet Water Golf Inc.