Terms & Conditions

TOUR IT NOW INC.
TERMS AND CONDITIONS | December 31st | 2015

DEFINITIONS.
“You” “Your”means the customer entering into a Service Contract with Tour It Now Inc, all of your agents, affiliates, and employees.

“Service Contract” means the contract for services entered into between You and Tour It Now Inc.

“3D Showcase” means an application, using the Positional Technology and WebGL or other technologies as specified by Matterport now or in the future, that displays Showcase Imagery within a Standard 3D Model to enable a user to navigate through a virtual depiction of a particular space through a Web browser or mobile application.

“Positional Technology” means Matterport’s proprietary technology that specifies the location of Digital Objects. “Digital Objects” means digital files or metadata such as visual files, annotations, digital media, or other information, which can be displayed in specified locations within a Standard 3D Model.

“Showcase Imagery” means imagery that combines Digital Objects generated on the Matterport Portal, in whole or in part, with a standard 3D model.

AUTHORIZED USER
As a customer of Tour It Now Inc. you will be considered an authorized user of Matterport Inc. for all intents and purposes. As an authorized user you must comply with all the applicable terms and conditions of the Matterport Portal terms and conditions (attach hyper link here). Any breach of the Matterport Agreement will be considered a breach by You, and you will indemnify Tour It Now Inc. for the resulting breach.

SHOWCASE IMAGERY COPYRIGHTS.
Tour It Now Inc. will own the copyrights in all Showcase Imagery. Matterport Inc. will own all digital copies of Showcase Imagery, and You shall only access the Imagery as permitted by Tour It Now Inc. and/ or Matterport Inc.

PERMISSION TO USE
You may allow, and are encouraged to allow, third parties to view any of Your Standard 3D Models or 3D Showcases: (a) Directly on the Matterport Portal; (b) in the form of a screen shot of fly-through video file that is captured through functionality provided on the Matterport Portal and/or through third-party screen capture software; (c) on an .OBJ filed exported in accordance with Section 7.7 of the Matterport Agreement (include hyperlink here); or (d) through a link to the Matterport Portal provided by Matterport; provided that Matterport may, but is not obligated to, provide support to any such third parties.

STORAGE; SECURITY; TRANSMISSION
You acknowledge that certain servers and databases are maintained on behalf of Tour It Now Inc., by or on behalf of Matterport to store Raw Camera Imagery, Showcase Imagery, Derived Imagery and other data processed by the Matterport Portal, and that Matterport may keep such information indefinitely or delete it following the expiration of the time period set forth in the Service Contract or the Matterport Agreement. You acknowledge that no security measure can guarantee against compromise, and Matterport does not guarantee that the servers and databases underlying the Matterport Portal will not experience any such compromise. You also acknowledge that the Showcase Imagery transmitted by Tour It Now and/ or Matterport Inc.to and from You and Authorized 3rd parties via the internet and other technologies, and that such transmissions cannot be made to be 100% secure or free from risk of compromise.

TECHNICAL SUPPORT SERVICES. Tour it now Inc., is a licensed user of Matterport, Inc. 3D technology and is has access to
Matterport’s portal. Tour it now Inc. will maintain the required licenses with Matterport, Inc. for the duration of this Contract. Tour it now Inc. will work with Matterport, Inc. to ensure that Customer’s 3D showcase is operating properly, to the extent that Tour it now Inc. is performing the Services above. Technical support for Matterport technology, including
Matterport 3D showcase will be provided by Matterport. Matterport will use commercially reasonable efforts to keep the Matterport Portal operational, exclusive of downtime necessary for scheduled and emergency maintenance.

USAGE DATA AND DERIVED DATA.
You acknowledge that Tour It Now Inc. and/ or Matterport may aggregate some of the data collected with similar information collected from other Matterport 3D Vision Systems users, and may share that information with third parties; provided however, that any such information shared will not identify You individually.

PRIVACY.
Tour It Now Inc. and/ or Matterport may use certain information collected through Matterport Portal as set forth in Matterport’s Privacy Policy (hyperlink here).

Through Your use of the Matterport Portal, You consent to the collection and use of information Matterport, its service providers, and Tour It Now Inc. collect from You, including the transfer of this information within and between the United States and/ or other countries for storage, processing, and use my Tour It Now Inc and Matterport, its affiliates and service providers, and third parties with which it has strategic relationships. By providing Your mobile number, You expressly consent to receive direct dial calls, autodialed calls, and prerecorded calls, and text messages from Tour It Now and/or Matterport relating to our product and services at that number.

NO WARRANTY & LIMITED WARRANTY
THE MATTERPORT PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MATTERPORT DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MATTERPORT DOES NOT REPRESENT OR WARRANT THAT THE MATTERPORT PORTAL WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT ANY CONTENT GENERATED BY THE MATTERPORT PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY DEFECTS IN THE MATTERPORT PORTAL WILL BE CORRECTED.

LIMITED WARRANTY
Tour it now Inc. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Tour it now Inc.’s community and region, and will provide a standard of care equal to, or superior to, case used by service providers similar to Tour it now Inc. on similar projects. Tour it now provides NO WARRANTY that the Matterport portal will be operational and will be able to satisfy Customer’s needs under this Contract. This includes, but is not limited to, that the use of the Matterport portal will be uninterrupted, timely, secure, free from error, or that any defects in the Matterport portal will be corrected.

WORK PRODUCT OWNERSHIP.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Tour it now Inc. in connection with the Services will be the exclusive property of Tour it now Inc., and/or Matterport, Inc.. Upon request, Customer will have executed, all documents necessary to confirm or perfect the exclusive ownership of Tour it now Inc. to the
Work Product.

CONFIDENTIALITY.
Tour it now Inc., and its employees, agents, or representatives will not at any time or in any matter, either directly or indirectly, use for the personal benefit of Tour it Now Inc., or divulge disclose or communicate in any manner, any information that is proprietary to Customer. Tour it now Inc. and its employees, agents and representatives will protect such
information and treat it as strictly confidential. This provision will continue to be effective after termination of this Contract.

Tour it now Inc., and its employees, agents, or representatives may disclose Customers information as is necessary to fulfill the terms of this Contract and/ or to fully perform under this contract.

Any oral or written waiver by Customer of these confidentiality obligations which allows Tour it now Inc. to disclose Customer’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect or all other occurrences.

DEFAULT.
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

REMEDIES.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days (10) from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE.
If performance of this Contract of any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures or service providers (including Matterport, Inc.). The
excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

ARBITRATION.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding Arbitration in accordance with the then- current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place in the COUNTY OF RIVERSIDE, CALIFORNIA. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any California court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

GOVERNING LAW.
This Contract shall be construed in accordance with the laws of the State of California.

NOTICE.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

ATTORNEY’S FEES TO PREVAILING PARTY.
In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in trial court and on appeal.

CONSTRUCTION AND INTERPRETATION.
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties mutual effort.

INDEMNIFICATION
You acknowledge that by providing You access to the Matterport Portal, Tour It Now and/ or Matterport does not assume any responsibility or liability for any risks associated with Your business. You shall defend, indemnify and hold harmless Tour It Now Inc. and/ or Matterport, its affiliates, and their respective officers, directors, employees, and representatives from and against all claims by any third party arising out of or relating in any way to the conduct of Your business or the use of or inability to use the Matterport 3D Vision System, and all associated losses, costs, damages, and settlements, including reasonable legal fees and expenses. In the event of a claim report of which Tour It Now Inc seeks indemnification from you, Tour It Now will promptly notify You in writing of the claim, cooperate with You in defending or settling the claim at Your expense, and allow You to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that You shall not settle any claim unless such settlement completely and forever releases the indemnified Tour It Now party from all liability with respect to such claim or unless the indemnified Tour It Now party consents to such settlement in writing.

TERMINATION
You may terminate this Agreement and Service Contract at any time upon 30 days prior written notice to Tour It Now. Tour It Now may terminate this Agreement and Service Contract at any time if You have failed to pay any fee when due, Tour It Now may also terminate this agreement prior to the Service Contract date if You have committed any other material breach of this Agreement or Service Contract and failed to cure the material breach within 10 days after receiving written notice of the breach from Tour It Now.

INVALIDITY; SEVERABILITY

This Agreement shall not be construed against either party. If any term, provision or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

LIMITING LIABILITY.
BY SIGNING THIS AGREEMENT, OR BY OTHERWISE ACCESSING OR USING THE TOUR IT NOW WEBSITE OR PORTAL, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, CONDITIONS AND/ OR NOTICES, YOU MAY NOT ACCESS OR USE THE TOUR IT NOW WEBSITE OR PORTAL, OR THE MATTERPORT WEBSITE OR PORTAL.

Tour it now Inc. reserves the right to revise any portion of this Contract in its sole discretion at any time and without prior notice to Customer by updating this posting, such changes to be effective prospectively. Thus, Customer should visit the Tour it now Inc. web page at www.touritnow.com for changes. If Customer disagrees with any changes to this Contract, Customers sole remedy is to discontinue Customer’s use of the Service.
Customer’s continued use of the Service after a change has been posted constitutes Customer’s acceptance of the change thereafter.

IN NO EVENT WILL TOUR IT NOW OR MATTERPORT OR ITS AFFIALIATES OR LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS; GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF MATTERPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF TOUR IT NOW OR MATTERPORT AND ITS AFFIALIATES AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE AMOUNTS PAID TO TOUR IT NOW INC. BY YOU UNDER THESERVICE CONTRACT.

 

TOUR IT NOW INC.
3D VIRTUAL TOUR SCAN CONTRACT | December 31st | 2015

This Contract (“Contract”) for Services is made effective as of _________________, by and between __________________________ (“Customer”) located at ___________________________________, and Tour it now Inc. located at 30339 Pechanga Drive

1. DESCRIPTION OF SERVICES.

Beginning on ___________, Tour it now Inc. will provide Customer with a 3D virtual tour scan where images will be captured and created for a Matterport 3D showcase tour. The Services provided to Customer by Tour it now Inc. will include one of the following packages:

Pricing for 3D tour scan is based on SqFt and options” SqFt prices as follow:

  1. 0-1000 sqft $299
  2. 1001-1500 sqft $325
  3. 1501-2500 sqft $375
  4. 2501-3500 sqft $425
  5. 3501-4500 sqft $485
  6. 4501-5500 sqft $550
  7. 5501-9999 sqft $550+ $0.10 per sqft after 5500.

The 3D tour above will include the following:

Capture and create a Matterport 3D showcase tour iFrame embedded code and URL of tour
Overhead floor plan view
Doll house view

• • • •

6 months of hosting Customer’s Matterport 3D showcase Optional items to purchase are as follow:

  1. Additional 6 months of hosting – $25
  2. Schematic floor plans for prices listed on the website at touritnow.com/pricing
  3. 2D schematic floor plan to 3D rendering conversion for prices listed on website at www.touritnow.com/pricingLocation of 3D virtual tour scan where images will be captured and created for a

Matterport 3D showcase tour is:

___________________________________ ___________________________________ ___________________________________
Customers purpose for Tour it now Inc. Services is to:

1) Sell real estate;
2) Promote Customer’s business and marketing; or 3) Other: _______________________________________

TECHNICAL SUPPORT SERVICES. Tour it now Inc., is a licensed user of Matterport, Inc.

3D technology and is has access to Matterport’s portal. Tour it now Inc. will maintain the required licenses with Matterport, Inc. for the duration of this Contract. Tour it now Inc. will work with Matterport, Inc. to ensure that Customer’s 3D showcase is operating properly, to the extent that Tour it now Inc. is performing the Services above.

Technical support for Matterport technology, including Matterport 3D showcase will be provided by Matterport. Matterport will use commercially reasonable efforts to keep the Matterport Portal operational, exclusive of downtime necessary for scheduled and emergency maintenance.

2. PAYMENT, DEPOSIT, FEES AND COSTS.

Payment shall be made to Tour it now Inc., Temecula California 92592.

Customer agrees to pay Tour it now Inc. the as follows:

FEES. Rescheduling of the 3D virtual tour scan requires 24 hours notice. If

Customer reschedules the 3D virtual tour scan less than 24 hours in advance there will be a twenty-five dollar ($35.00) rescheduling fee.

COSTS. Total costs of services provided by Tour it now Inc. to Customer will be determined by the total square footage and additional options chosen in paragraph 1. There is a minimum cost of two hundred ninety-nine dollars ($299.00) for all services provided by Tour it now Inc.

PAYMENT. Payment in full is due on completion of the 3D virtual tour scan when Customer receives the iframe embedded code and URL of the virtual tour from Tour it now Inc.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 10 percent per year, or the maximum percentage allowed under applicable California laws, whichever is less.

If Customer fails to pay in full within 10 days from the time payment is due, Tour it now Inc. will remove Customers access to the 3D virtual tour, iframe emended codes, URL’s, and all other access that customer has to Matterport and the virtual tour, until Customer pays the full amount due.

Customer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Tour it now Inc. has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/ or seek legal remedies.

3. TERM.

This contract will terminate:

__________ 1) automatically at the end of the period for which Tour it now Inc. will provide hosting of Customer’s Matterport 3D showcase, as described in Paragraph 1.

__________ 2) automatically on ________ _____, 20___.
__________ 3) upon the sale of Customer’s property as described in Paragraph 1.

4. WORK PRODUCT OWNERSHIP.

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Tour it now Inc. in connection with the Services will be the exclusive property of Tour it now Inc., and/or Matterport, Inc.. Upon request, Customer will have executed, all documents necessary to confirm or perfect the exclusive ownership of Tour it now Inc. to the Work Product.

5. CONFIDENTIALITY.

Tour it now Inc., and its employees, agents, or representatives will not at any time or in any matter, either directly or indirectly, use for the personal benefit of Tour it now Inc., or divulge disclose or communicate in any manner, any information that is proprietary to Customer. Tour it now Inc. and its employees, agents and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after termination of this Contract.

Tour it now Inc., and its employees, agents, or representatives may disclose Customers information as is necessary to fulfill the terms of this Contract and/ or to fully perform under this contract.

Any oral or written waiver by Customer of these confidentiality obligations which allows Tour it now Inc. to disclose Customer’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect or all other occurrences.

6. LIMITED WARRANTY.

Tour it now Inc. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Tour it now Inc.’s community and region, and will provide a standard of care equal to, or superior to, case used by service providers similar to Tour it now Inc. on similar projects.

Tour it now provides NO WARRANTY that the Matterport portal will be operational and will be able to satisfy Customer’s needs under this Contract. This includes, but is not limited to, that the use of the Matterport portal will be uninterrupted, timely, secure, free from error, or that any defects in the Matterport portal will be corrected.

7. DEFAULT.

The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c. The subjection of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

8. REMEDIES.

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contracts by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days (10) from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

9. FORCE MAJEURE.

If performance of this Contract of any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures or service providers (including Matterport, Inc.). The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

10. ARBITRATION.

Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding Arbitration in accordance with the then- current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place in the COUNTY OF RIVERSIDE, CALIFORNIA. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute

shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any California court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

11. TERMS AND CONDITIONS.

This contract is subject to, includes, and encompasses, the Terms and Conditions to this Contract. Tour it now Inc. will provide Customer, in writing, the Terms and Conditions. By signing this Contract, and entering into this agreement, Customer admits that Customer has read, understands, and accepts the Terms and Conditions.

I HAVE BEEN PROVIDED, IN WRITING, THE TERMS AND CONDITIONS OF THIS CONTRACT. I HAVE READ THE TERMS AND CONDITIONS. I UNDERSTAND THE TERMS AND CONDITIONS. I ACCEPT THE TERMS AND CONDITIONS TO BE INCLUDED AS PART OF THIS CONTRACT.

Date: Customer name: Customer Signature:

12. ENTIRE AGREEMENT.

This Contract along with the TERMS AND CONDITIONS, contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

13. SEVERABILITY.

If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by

limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

14. AMENDMENT.

This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

15. GOVERNING LAW.

This Contract shall be construed in accordance with the laws of the State of California.

16. NOTICE.

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

17. WAIVER OF CONTRACTUAL RIGHT.

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

18. ATTORNEY’S FEES TO PREVAILING PARTY.

In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in trial court and on appeal.

19. CONSTRUCTION AND INTERPRETATION.

The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties mutual effort.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ___________________, _______________________ for Customer, and Carlos Hernandez, President for Tour it now Inc., effective as of the date first above written.

Service Recipient: ____________________________

By: _____________________________________ Customer Name:

Service Provider: Tour it now Inc.

By: __________________________________ Carlos Hernandez