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Profit Sharing Agreement

This Profit Sharing Agreement is entered into as of March 15, 2019 by and between
Sweet Scape Spa owned by April B. Sario having its principal place of business located
at 188 M. Concepcion St., San Joaquin Pasig City. Cristee Elgarico having its principal
place of business located at 136 Brgy Sta. Cruz., Pasig City, both of whom agree to be
bound this Agreement.
WHEREAS, Sweet Scape Spa has developed spa services and holds ownership;
WHEREAS, Cristee Elgarico to market/ operate the services/product; and
WHEREAS, Sweet Scape Spa and Cristee Elgarico desire to enter into an arrangement
whereby Sweet Scape Spa and Cristee Elgarico will share profits realized from the sale
of the services/product due to efforts of Cristee Elgarico according to the terms and
conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by


the parties hereto, Sweet Scape Spa and Cristee Elgarico covenant and agree as
follows:
1. TERM. This Agreement shall last from the date of execution until its business
closure.

2. EFFECT OF TERMINATION. Upon termination according to section 1, the


following shall occur:
2.1 Cristee Elgarico shall continue to receive the profit share described herein
from any continuing sales as a direct result of her efforts;
2.2 Cristee Elgarico shall direct all further inquiries regarding the product/services
back to Sweet Scape Spa;
2.3 Cristee Elagarico shall return or destroy any physical or digital copies of
Sweet Scape Spa proprietary information in its possession including
marketing materials, business plans, customer lists, and pricing information.

3. RESPONSIBILITIES OF CRISTEE ELGARICO. In consideration for the profit


share granted herein, Cristee Elgarico shall perform the following duties:
3.1 Performing research and other prospecting duties with regard to potential
customers;
3.2 Completing paperwork as needed; and
3.3 Performing other duties and services as may be assigned by Sweet Scape
Spa to accomplish the aims of this Agreement in the time, place, and manner
deemed appropriate to Cristee Elgarico.
4. PROFIT SHARE. In consideration for the duties performed hereunder, Cristee
Elgarico shall be entitled to 40% of the profits earned for sales of the
Service/Product that are a direct result of her efforts.
4.1 To be considered a “direct result “of Cristee Elgarico’s efforts, substantially all
of the contact with a customer that leads to a sale must have been made by
her. Although initial contact at sales point shall be consider, they are not
determinative of such sale being a “direct result “of her efforts.
4.2 “Profits “are deemed to be calculated by the gross sale on a daily basis.

5. INDEPENDENT CONTRACTOR. The Parties agree that the Parties shall be


considered independent contractors and not agents or employees of the other
Party. Neither Party shall have the authority to make any statements,
representations or commitments of any kind, nor take any action which shall be
binding on the other hand Party, excepts as may be expressly provided for herein
or authorized in writing.

6. CONFIDENTIALITY. Cristee Elgarico shall not, in any fashion, form, or manner


either directly or indirectly:
6.1 Disclose or communicate to any party any information relating to Sweet
Scape Spa business customer lists, price points, or marketing plans;
6.2 Duplicate any Confidential information;
6.3 Use any Confidential Information other than solely for the benefit of Sweet
Scape Spa.

7. APPROVAL OF MARKETING MATERIAL. Cristee Elgarico shall receive written


confirmation from Sweet Scape Spa in using any marketing materials related to
the Service/Product that were not directly provided by Sweet Scape Spa.

8. EXPENSES. Cristee Elgarico shall not be entitled to pay/reimburse any


expenses such as; electric bill, water bill, building rent and taxes except salary,
allowance and commission of the Therapist, Receptionist, Supervisor, Manager
and Trainer.

9. INDEMNIFICATION. Cristee Elgarico agrees to defend, indemnify, any hold


harmless Sweet Scape Spa from and against any all third party claims that are
bases upon Cristee Elgarico. (a) violation of the law, (b) violation of this
Agreement, or (c) violation of any third party’s rights.
10. NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement
shall be valid unless in writing and agreed upon by both Parties.

11. ENTIRE AGREEMENT. This Agreement represents the full understanding of the
Parties and shall supersede all pervious oral or written agreement regarding the
subject matter herein.

IN WITNESS WHEREOF, each of the Parties has executed this Consulting Agreement,
both Parties by its duly authorized officer, as of the day and year set forth below.

Sweet Scape Spa


April B. Sario
Proprietor

Cristee Elgarico
Spa/Training Consultant

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