Business Law class for the following: Your client is Big Kahuna Boards, Inc. which is incorporated in Delaware but has its principal offices in Seattle, Washington. Big Kahuna Boards designs and manufactures skateboards. Their business has been suffering for several years. Recently they’ve been talking with Roger Williams, who lives in California. Roger is a professional skateboard coach. He never made it big as a professional skateboarder, but has been extremely successful coaching young skateboarders who have gone on to receive various national awards and rankings. Roger is a member of the National Alliance of Skateboarders. He is now coaching Van Winner and Annette Augustine, both of whom are ranked in the top five of national skateboarders.
Your client wants to enter into a three year consulting agreement with Roger Williams beginning July 1, 2016. They want him to provide advice on skateboard design and sales. They’d also like the “consulting” to include “test driving” skateboards. Roger has tentatively agreed to the consulting work. Big Kahuna Boards, Inc. wants him to commit to providing them with an average of 200 hours of consulting work per year. They will pay him $20,000 the first year. After the first year, Roger will receive an additional $5000 per year if sales increase by 5% in that first year. Big Kahuna Boards has also agreed to pay Roger a bonus of $10,000 for each “top ten” skateboarder Roger is able to convince to put their “name” on one of Big Kahuna Boards skateboards. Draft the contract and include all of the terms (subject matter, performance, term, consideration, signature blocks, arbitration) for a contract between Big Kahuna Boards and Roger Williams. Make sure the contract includes an arbitration clause. Make sure all of the terms of the agreement are included
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