1
Private Joint-Venture Agreement Code: JVA
JOINT VENTURE AGREEMENT
This Private Joint Venture Agreement (this “Agreement”) is made this 29th day of December
2016 (the “Effective Date”), by and between: Party A, David Errol Tessmann, the principal owner of
this Private Investment Group located at: 2942 Bundaberg Gin Gin Road South Kolan 4570
Queensland Australia and Party B,
Collectively called “the parties”
Whereas, the parties have mutually agreed and understand that they are entering
into this agreement as Joint Venture Partners and their association is not to be construed
as a general partnership this is a partial partnership with limited responsibilities for each of
the partners’.
Each party hereto will contribute in their respective expertise for the furtherance and
success of the present Joint Venture.
Whereas, the partners accept all terms of this agreement for their common benefits.
Whereas, the responsibilities and obligations to be bound by all parties concerned are
stated in details within this agreement.
Whereas, the undersigned parties mutually recognize that, in the process of
conducting such business transactions, each may learn directly or indirectly from the other
and / or their associates the identity, address, telephones / fax numbers, transaction code,
participating bank, trusts, etc. of its clients, sources, financiers, buyers, sellers, mandates,
and/ or other entities which are considered privileged and confidential information;
1. THE SUBJECT OF THE AGREEMENT
1.1 The intention of this agreement is to join forces between the 2 parties, to invest
some funds after selling the 300 KG gold bars from Party A in business ventures
with Party B to accomplish a long term charitable venture with some profitable
business relationship.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The Party A: has 300 KG gold bars which will be used for the implementation of
this Joint Venture, these gold will be available for investment by Party B, with the approval
of Party A.
2.2 Sale contracts: These 300 KG gold bars will be made available to the Party B for
starting the charitable foundation with commercial business immediately after the Joint
Venture is signed.
Party A:_____________
Party B:___________
2
Joint Venture Agreement Code: JVA
2.3 The Party B: Will be responsible with the initiating and establishing the Charity
foundation and business ventures in United States of America and abroad and is
committing to do any necessary administrative and financial action to complete and proceed
with the agreed upon transactions.
2.4 Assignments: to proceed with this Joint Venture Party A will instruct the deposit
company in appointing Party B in United States of America to release this gold bars to be
used to initiate their collective business interest as agreed.
2.5 The share proceeds: each Party to this agreement will have an equal representation
in all profits when derived from the proposed business ventures as they are made profitable,
or as mutually agreed and accepted.
3. Investment Participation:
3.1 Party A: Accepted that 50.0% (Fifty) of the total proceeds will be used for the
charity foundation.
3.2 Party B: Will have power over 50.0% (Fifty) of the initial proceeds which he will
invest in any good business of his choice to sustain and maintain the charity foundation
and as well send to Party A. $ 1,850 monthly as agreed.
4. General provisions:
4.1 The parties will not, in any manner, solicit or accept any business from sources
made available by any party to this agreement, without first obtaining written permission of
the party who made the source available.
4.2 The parties will maintain complete confidentiality regarding business sources of
each other, and/or their affiliates, and will not disclose the names of these business sources
without the written permission of the party who made said sources available.
4.3 The parties will not in any way whatsoever circumvent or attempt to circumvent
any of the parties involved in any of the transactions which are the subject of this
agreement. The parties further agree that a transaction originally established will not be
altered without the written permission of the other party.
4.4 The parties confirm that each of the named signatories, separately and
individually, hereby agrees to keep confidentially the names, telephones, emails, etc.
4.5 Numbers, facsimile numbers, telex numbers, emails, addresses and pertinent
information of the banks, trust, lenders or borrowers, lending institutions, corporations,
buyers, sellers, groups and individuals introduced by any of the named signatories or their
associates. Such information is considered the property of the introducing signatory, and
shall remain so for the term of this agreement.
4.6 Both parties confirm that each of the named signatories, separately and
individually as well as other parties related to their companies and not listed but having a
working relationship with them, hereby agree to keep confidential all financial information,
banking information, investment assets belonging to the parties involved.
Party A:_____________
Party B:___________
3
Private Joint-Venture Agreement Code: JVA
4.7 In as much as the transactions which may arise or occur between the parties
and/or their principles may cross boundaries of national jurisdiction, this agreement shall
be governed by and construed in accordance with the laws of the United states of America
where these Charity foundation and businesses will be established, irrespective of any rules,
laws or regulations relating to conflict in other countries.
4.8 The parties agree that in the event of circumvention by either party, directly or
indirectly, the circumvented party shall be entitled to a legal monetary penalty equal to the
maximum compensation that it should have realized from such transaction plus any and all
expenses, including legal fees required for the recovery of these gold.
4.9 The parties agree that in the event of disclosure by parties concerned, directly or
indirectly of any financial or investment arrangements or assets values of the parties
concerned to unauthorized parties shall constitute a violation of this working agreement.
4.10 The parties agree that all consideration, benefits, bonus participation, and/or
fees, received as a result of the contribution of the parties to this agreement in relation to
any and all transactions will be allocated as mutually agreed.
4.11 In the event of violation of this Agreement by any Party, the Parties will use their
best good faith efforts to solve the disputes through discussion and negotiation. In the event
the Parties are unable to solve the disputes through their own efforts, other than seeking
any necessary injunctive relief, the disputes shall be submitted to binding arbitration
pursuant to the provisions of Commercial Arbitration laws of the United States of America.
The prevailing party in any such arbitration shall be entitled to recover his reasonable
attorney's fees and out-of-pocket costs.
4.12 This agreement shall become effective upon the signing by all parties and shall
continue in full force for a period minimum of Ten (10) years after the date of signing, or as
extended as mutually agreed.
4.13 If violations occur all deposits are held by either side until further arrangements
are made and agreed in as per the terms and conditions of this agreement.
4.14 All signatories hereto acknowledge that they have read the foregoing agreement
and by their initials and signature hereby unconditionally agree to its terms as of the date
noted herein. A facsimile copy of this document shall be considered the same as an original,
both binding and enforceable.
4.15 This Agreement shall inure to the benefit of each of the Parties, and their
respective heirs, executors, administrators, affiliates, associates, partners, and successors
in interest and shall be binding on them and on their directors, officers, employees and
agents.
4.16 Each PARTY will be responsible for their own taxes, fees and/or taxes over
values that incur as results obtained in agreements AMONG THE PARTIES.
5 – DISSOLUTION
Party A:_____________
Party B:___________
4
Joint Venture Agreement Code: JVA
This agreement can be cancelled within the conditions below:
5.1 In the discovery of one of the Parties of the willful intention of the other Party of
deceiving, publishing, reviling the image of the other Party, presenting false documents,
presenting procedures not in accordance with the commercial norms that will be properly
signed by the Party’s.
5.2 Operating outside of the mutual agreement in writing of the whole or part of this
Private Joint Venture Agreement.
5.3 The parties have entered into this Agreement in good faith and each will use its
best efforts, in the full spirit of cooperation, to achieve the purposes set forth. Each party
shall negotiate in good faith with respect to any future agreements required by subsequent
events. The parties acknowledge and agree that this Agreement is executed under promise,
subject to the penalties of perjury.
6 – COMPENSATION
6.1 Each party accepts compensation of processes where it is involved, and assures
each other to be excluded of the actions, debts or responsibilities caused or taken by each
Party. Each Party will only be responsible for their own actions, debts or responsibilities,
excluding that such expenses are shared mutually, in which agreed, and it is specified
starting from this date, in this AGREEMENT in writing.
6.2 All of the relative communications to this AGREEMENT should be in writing and
sent to the other PARTY for: (1) personal delivery, (2) for express delivery, or (3) e-mail
transmission, phone-fax for the facsimile number given for this objective, after that the
original copy will be delivering by method (2) or (3).
6.3 This subject is confidential and will be considered accepted and agreed by all the
interested parties; a failure of this trust will constitute a contract failure. Besides, the
signatory PARTIES of the AGREEMENT are authorized to sign and act within their
competences.
6.4 The documents should be enclosed in authenticated copies and last emissions as
updated.
7 – ALTERATIONS
Any changes or modifications to this agreement must be in writing and executed by
all the parties as a condition precedent to the implementation of such changes or
modifications.
8 - FINAL CONSIDERATIONS
8.1 This Agreement contains Five (5) pages, including a signature page and once
executed and initialed by all parties on each page, shall constitute the only Agreement
between the parties hereto. And it is written in English languages.
Party A:_____________
Party B:___________
5
Private Joint-Venture Agreement Code: JVA
8.2 The undersigned warrant and affirm, under the penalty of perjury, that each has
the full capacity and lawful authority to execute and deliver this Agreement. The
undersigned acknowledge and affirm that they fully understand their rights and obligations
with respect to this Agreement or that they have had adequate time and opportunity to
consult with legal counsel of their choice prior to execution hereof, and being fully informed
and/or having advice, each has executed this Agreement freely and without reservation.
ACCEPTED AND AGREED on this __ 29th day of December, 2016 by and between the
following parties with the full intent of entering into this legally binding agreement.
IN WITNESS WHERE OF, the Parties hereto have caused this Private Joint Venture Agreement to be duly
executed as of the day and year below written.
Party A Sign:
Name:
Address:
Phone:
Fax:
Cell:
E-Mail:
David Errol Tessmann
2942 Bundaberg Gin Gin Road South Kolan 4570 Queensland Australia
erroltessmann@gmail.comBy:
signed: _____________________________________
Title:
Date: ____ 29th day of December 2016
Party B Sign
Name:
Address:
Phone:
Fax:
Cell:
E-Mail
By:
signed: _____________________________________
Title:
Date: _____ 29th day of December 2016
Party A:_____________
Party B:___________
