Consulting Engagement Letter

 

AlcoholConsulting.com and/or its affiliates (The Company) are pleased to assist you in the development of your business by providing one or more of the consulting assistance services set forth in our Payment Invoice which will be submitted at a later date.

 

This letter initiates our relationship as consultant and client. The scope and pricing of our services outlining the scope of work and pricing we have agreed upon. Below you will see a brief description of what to expect going forward. 

 

1. Consultant Responsibilities: I will be the main consultant responsible for any work the Company does for you. For any issues that come up during our relationship, I will do my best to be highly responsive every time you need my help. If I do happen to be out of the office when you need assistance, I will try to provide you with a timeframe for when to expect a response, and push for a solution as quickly as possible.

 

2. Company Capabilities: As a company we are equipped as a team to provide you with an array of professional services, but not limited to the below:

• State & Federal Alcohol Licensing

• General Industry Consulting and Compliance

• Compliance Audits

• Excise Tax Review and Reporting

• Labels, COLAs and product approvals

• Formulas

• Special Projects

 

3. Payment/Fees: Payment for services will be agreed upon by paying our electronic invoices. Payment is due upon receipt. We normally charge a flat rate for services either collected in full annually or monthly.

• 3% convenience fee for all credit card transaction. No convenience fee for ACH or check payments.

• 25.00 Late Fee

• 50.00 Return check on any payments that are returned for ANY reason.

• Once our work begins we do not offer refunds of our consulting fee. We can refund any unpaid licensing fees.

 

4. Expenses: Most of the work completed includes some out-of-pocket expenses. For any expenses that are directly attributed to the work I do for you, I ask that you pay promptly after you are billed for them. Furthermore, the fees are nonrefundable. Payment method should be provided to ensure quick processing. Expenses may include, but not limited to:

• License fees

• Legal publication/notice fees

• Criminal background fees

• Mailing, shipping, and wire transfer fees

• Excise taxes

• License renewal fees

• Product approval fees

• More as deemed necessary

 

 

5. Client Responsibilities: The Client is expected to maintain communication with the Company at all times. Failure to respond to emails will delay our ability to provide you with the best service possible. We understand the demand of opening and operating a business; therefore, we will send reminders as often as possible to you when items are needed for us to proceed with our services. Client agrees to notify the Company of inspections, audits, violations, and any communication with the alcohol regulatory authorities. Client agrees to provide licensing documents in a timely manner and retail/sales reports, etc. must be provided to The Company at least 10 days prior to their due dates to allow for proper consultations and review. State and Federal operational and excise reports due 5 days prior to due date. For formulas/product registrations, labels, COLA’s please allow reasonable time for processing.

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Our business hours are 9am - 5pm eastern standard time. While our team often works outside of normal business hours, please do not expect us to completed any work outside of normal business hours unless specifically stated is our invoice. While we understand that the accurate and timely submission of your federal and state licenses, excise tax and operational reports along with label approvals and formulas are extremely important to you, your emergency is not our emergency. If you have a product launch and a deadline to meet, we are at the mercy of the regulatory agencies and we are unable to change their timelines for reviewing our submissions. Be patient as nothing happens fast in the alcoholic beverage industry.

 

6. Termination: We strive to provide exceptional service and based on our reviews and feedback. If you wish to discontinue our consultant-client relationship for whatever reason, such request must be made in writing. On the other hand, if you fail to pay your bills within 30 days, or ask me to take any action that I consider unethical or is beyond the scope of the Invoice. I may need to terminate our relationship. Understand that even if our relationship is terminated to whatever reason, you remain responsible of any amounts previously accrued, and any amounts that reasonably accrued completing any work requested by you.

 

7. Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Virginia. The Company reserves the right to file any and all claims in Fairfax County, Virginia. All fees associated with any litigation will be the responsibility of The Client and signing party as a personal guarantee for payments outlined in this agreement.

 

8. Covenants of Client: The Client covenants and agrees to indemnify and hold harmless The Company, its agents, employees and contractors or its assigns from and against any loss, claim, liability, obligation or expense (including reasonable attorney fees): ( I) incurred or sustained by The Company on account of any misrepresentation or breach of any warranty, covenant, or agreement of The Client contained in the Agreement or made in connection herewith, (II) incurred or sustained on account of the non-fulfillment by The Client of any of the condition of the covenants of the Agreement or contemplated hereby, or (III) incurred or sustained in connection with any matters or events pertaining to The Client which occurs after the execution of the Agreement to include the Client’s termination of employees.

 

9. Severability: If any provision of this Agreement is held invalid or unenforceable, the invalidity or unenforceable shall not affect any other provisions of this Agreement.

 

10. Entire Agreement: This “Consulting Engagement Letter,” the “Invoice” and any attached addendums embody the entire Agreement and understanding of the parties hereto in respect to the subject matter contained herein. There are no restrictions, promises, representatives, warranties, covenants or undertakings, other than those expressively set forth or referred to herein. This Agreement supersedes all prior agreements and understandings, both written and oral, between the parties with respect to such subject matter. The Company is a professional consulting firm and in no capacity do we represent any state or federal regulatory body. Any and all advice, recommendations, or work-products are custom-designed for The Client based on individual needs. The Company is not a law firm and does not provide legal advice.