THE LDS MATCHMAKER, LLC
MATCHMAKING & CONSULTING SERVICE AGREEMENT
Company is in the business of providing services to individuals to enable them to meet other people for the purpose of entering into a long-term relationship.
Client desires to engage and receive personal consultation and matchmaking services from the Company pursuant to the terms set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all parties hereto, the parties agree as follows:
I. The Company shall provide the Services (described in more detail below) to the Client.
II. In exchange for the Services, the Client agrees to pay the Fee, as outlined in this Agreement.
III. The term of this Agreement (the “Term”) is provided for in Section 3 below; Additionally, the Company may terminate this Agreement at any time as provided in Section 4(b). The Term may be extended if mutually agreed to in writing by the parties.
IV. During the Term of this Agreement, the Company shall suggest and arrange Introductions, as defined below, for the Client to meet individuals who the Company has specifically selected for the Client.
V. The Client shall conduct himself/herself in a respectful and dignified manner on any Introduction arranged by the Company, and shall treat any person that he/she meets on an Introduction with the utmost respect.
VI. During the Term of this Agreement, the Company shall also arrange meetings with Independent Contractors of the Company, who shall provide consultation and services related to enhancing the Client’s ability to find and attract members of the opposite sex for dating.
VII. The Agreement consists of this Matchmaking & Consultation Service Agreement and the terms of service located at https://www.theldsmatchmaker.com/terms-of-service-agreement/ (the “Terms of Service”). All terms and conditions of the Terms of Service are incorporated herein by reference for all purposes. The Client agrees and understands that all further terms and conditions set forth on the following pages are an integral part of this Agreement, and by signing this Agreement, the Client represents that he/she has read and understands the Terms of Service and these terms and conditions.
THE FOLLOWING TERMS AND CONDITIONS ARE A PART OF THIS AGREEMENT. BY SIGNING THIS AGREEMENT, THE CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS
The Company shall provide the following Services to the Client in exchange for the Fee. The “Services” shall include:
a. Consultation with the Client to determine the personal qualities and other criteria for an acceptable candidate for Introduction. As used throughout this Agreement, the term “Introduction(s)” shall mean an encounter, agreed to in advance by the Client, in which the Client shall receive contact information to meet an individual, selected by the Company, who has the potential to be a long-term romantic partner for the Client;
b. Searching for and referring to the Client those individuals who appear to be worthwhile for the Client to have Introductions with;
c. Suggesting and setting up Introductions;
d. Advising the Client, to the extent requested by the Client throughout the Term of this Agreement and as deemed by the Company to be appropriate, on matters such as making a first impression during an Introduction, planning a first date and maintaining a long-term relationship;
e. Continued consultation with the Client to modify and refine Client’s criteria for relationship candidates and future Introductions;
f. Referring the Client to other professionals who are contracted with the Company who have agreed to provide service and consultation to the Client. Service costs not specifically covered in this agreement will be paid by the Client.
2. CLIENT’S CONDUCT.
In order to receive Services, the Client shall pay the Fee, as set forth in Section 3 below, and abide by the following:
a. The Client shall:
i. Provide accurate information to Company in response to Company’s inquires regarding the Client’s background and current status.
ii. Allow the Company to conduct reasonable investigations with respect to any background and status information provided by the Client;
iii. Make himself/herself reasonably available to meet with the Company to discuss relationship matters and attend Introductions;
iv. Reasonably cooperate with Company throughout the Term of this Agreement such that the Client may receive the benefit of Company’s Services.
v. Provide the Company with written or oral feedback within one (1) week after a first date with an individual met through an Introduction.
b. The Client agrees that he/she:
i. Is solely responsible for his/her conduct and for the information he/she provides to the Company;
ii. Is engaging the Company’s Services to seek a candidate for a long-term relationship, and not for any monetary gain or immoral or illegal purpose;
iii. Shall conduct himself/herself at all times during any Introduction in a dignified and respectful manner and shall treat any individual with whom an Introduction is arranged with the utmost respect, including, without limitation, abiding by all applicable state and Federal laws, and all customary conduct expected of a lady or gentleman;
iv. Shall not discuss with potential or actual Introduction candidates or with the Company, any defamatory, inaccurate, abusive, profane, offensive, threatening, harassing, or illegal comments or material;
v. Will not use the Services in a manner inconsistent with any and all applicable state or Federal laws and regulations; and
vi. Will not harvest or collect personal information about potential or actual Introduction candidates or the Company or any of its agents, whether or not for commercial purposes, without their express written consent.
3. TERM AND FEE.
a. The Client shall pay the Company the Personal Matchmaking Fee in accordance with the terms and conditions of this Agreement and the applicable program set forth below, collectively be referred to as the “Fee”. The Fee is non-refundable under any and all circumstances.
A schedule of the current and applicable Fee upon signing of this agreement is show in Exhibit A. The Company reserves the right to change the Fee at any time and will give the Client fourteen (14) days written notice before any increase is required for future services rendered.
b. The Fee paid by the Client shall only pay for the Services and in no circumstance will the Fee cover any expenses that the Client may encounter during an Introduction or any follow up dates, including, but not limited to admission costs, costs for food/beverages, costs for personal hygiene, clothes and any other associated cost for any dates.
c. Provided the Term of the Agreement has not expired or the Agreement has not otherwise been terminated, the Client shall have a singular right to suspend the Term for up to six (6) months (the “Suspension Period”) by giving the Company a written notice that the Client is suspending the Company’s services until further written notice. The Client may exercise the Suspension Period for any reason, including, but not limited to, health issues, travel, or as a result of the Client meeting an individual with whom the Client wishes to pursue a monogamous relationship. Written notice to exercise a Suspension Period must be given to the Company prior to the expiration of the Term or other termination of this Agreement. If the Client fails to provide notice regarding the lifting of the Suspension Period, the Suspension Period will automatically lapse upon the conclusion of a six (6) month Suspension Period. During the Suspension Period the Company will provide no Services to the Client.
At the end of the initial Term of this Agreement, as set forth in Section 3 above, the parties may agree, in a subsequent written agreement, to extend the Term on a month to month basis.
a. The Company shall have the right to either:
i. Immediately terminate this Agreement if the Client breaches any of the terms and conditions set forth in this Agreement; or
ii. Terminate this Agreement at any time and for any reason upon giving the Client fourteen (14) days advance written notice and refunding any prorated amount for services not rendered at that time.
5. Privacy and Confidentiality.
The Company shall respect the Client’s right to privacy and will not share any private information from the Client to others who are not contracted with the Company unless it is essential to providing the Services. Without limiting the foregoing, the Company may disclose confidential information when appropriate with the consent from the Client. The Company shall take reasonable measures to protect the confidentiality of all information obtained in the course of providing the Services. The Company will inform the Client, to the extent possible, about the disclosure of confidential information, when feasible before the disclosure is made. Reciprocally, the Client agrees that all information furnished to him/her, or to which the Client has access to under this Agreement, shall be kept confidential and shall remain the proprietary information and exclusive property of the Company.
6. Disclaimer. The Client understands that the nature of the Services performed by the Company are such that there are innumerable reasons for the Client to be dissatisfied with the consultation provided and the Introductions arranged by the Company. The Client is solely responsible for the outcome of all Introductions, selecting which Introduction candidates to pursue a relationship with and understands that the performance of the Company’s Services is deemed satisfied upon the arrangement of the Introductions. Accordingly, the Company makes no representation or warranty, either implied or express, concerning the Introductions and the Client acknowledges that the Client shall not rely on any investigation by the Company or other due diligence by the Company into the background of any Introduction candidate, nor will the Company represent, warrant or guarantee the accuracy of any statement made by or on behalf of any Introduction candidate, nor shall the Company be liable for any inaccuracy in any description of an Introduction candidate made by the Company unless the Company had actual knowledge of such inaccuracy. Accordingly, the Client releases the Company, its employees, officers, members, managers, agents, representatives and independent contractors, from any and all claims, actions, causes of action, loss and liability resulting from any and all Introductions, regardless of the reasons therefore, including claims for personal injury.
7. LIMITATION OF LIABILITY. In no event shall either party be liable for any indirect, incidental, special or consequential damages, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. The Company’s total liability for damages under the Agreement shall in no event exceed the amount of fees paid by the Client under the Agreement for the most recent three (3) month period. The provisions of the Agreement allocate the risk between the Company and the Client. The parties agree that the Company’s pricing and other terms and conditions of the Agreement reflect the allocation of risk and the limitation of liability specified herein.
8. Severability. To the extent any provision of this Agreement shall be held, found or deemed to be unlawful or unenforceable, then any such provision or portion thereof shall be modified to the extent necessary so that any such provision or portion thereof shall be legally enforceable to the fullest extent permitted by applicable law. Any court of competent jurisdiction shall, and the parties hereto do hereby expressly authorize any court of competent jurisdiction to, enforce any such provision or portion thereof or to modify any such provision or portion thereof so that any such provision or portion thereof is enforced to the fullest extent permitted by applicable law.
9. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Utah, United States of America. Both parties hereby consent to venue and jurisdiction in the federal or state courts of Utah.
10. Amendments; Waiver. Except as expressly provided above, this Agreement may not be amended, modified, superseded or cancelled, nor may any of the terms, covenants, representations, warranties, conditions or agreements herein be waived, except by a written instrument executed by the party against whom such amendment, modification, supersedure, cancellation or waiver is charged. No waiver by either of the parties of any condition, or of any breach of any term, covenant, representation, warranty, condition or agreement contained herein, shall be deemed to be or shall be construed to be a waiver or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, covenant, representation, warranty, condition or agreement hereof.
11. Construction. The captions and headings contained herein are for convenience of reference only, and shall not in any way affect the meaning or interpretation of this Agreement. Notwithstanding any rule of construction to the contrary, any ambiguity or uncertainty in this Agreement shall not be construed against either of the parties based upon authorship of any of the provisions hereof.
12. Counterparts. This Agreement may be executed by facsimile or as a PDF attached to an email and may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument.
13. No Third Party Beneficiary. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties and their respective successors or permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligations or liability of any third person to either of the parties, nor shall any provision hereof give any third person any right of subrogation or action over or against either of the parties.
14. Attorneys’ Fees. In the event either of the parties shall bring an action in connection with the performance, breach or interpretation of this Agreement, or in any action related to the subject matter hereof, the prevailing party in such action shall be entitled to recover from the non-prevailing party in such action all reasonable costs and expenses of such action, including, without limitation, attorneys’ fees, costs of investigation, arbitration, accounting and other costs reasonably incurred or related to such action.
15. Successors and Assigns. This Agreement shall be binding on all successors and assigns of the parties.
In exchange for the Fee, the Client shall receive services as follows:
a. Personal Matchmaking.
• 5 Introductions or 10 Search Hours (whichever comes first)
• 1 hour Session with Dating Coach or Matchmaker
• Weekly check in with member of The LDS Matchmaker Team (phone, email or in person)
*Pre-Matchmaking Package required before starting Personal Matchmaking.