REPUBLIC OF THE PHILIPPINES)

City of Manila ) S.S.

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is executed this ___ day of _________ 2019 by and between:
COMPANY NAME at COMPANY ADDRESS, represented by its DESIGNATION, NAME
OF AUTHORIZED PERSON, hereinafter referred to as FIRST PARTY.
XXX Culinary Institute with office address at XXX represented herein by its Culinary
Director, XXX, hereinafter referred to as the SECOND PARTY.

WITNESSETH: THAT

WHEREAS, the First Party is a duly licensed company that is interested in undertaking a
strategic partnership with the Second Party by way of accepting students in its establishment to
do their Practicum / Internship - an academic program that provides undergraduate students On-
the-Job training in reputable companies, training institutions and organizations.

WHEREAS, the Second Party offers one (1) year short and intensive professional culinary
training under its Diploma in professional Culinary Arts and Diploma in Professional
Baking and Pastry Arts, that requires students enrolled therein to undergo Apprenticeship,
Internship, and/or On-the-Job Training programs (the “Training”) and employment;

NOW, THEREFORE, for and in consideration of the foregoing premises and the terms and
conditions hereafter set forth the Parties agreed as they hereafter agree as follows:
Service Agreement – the First Party to undertakes accept the qualified students of the Second
Party.

Obligations of the First Party – The First Party shall:

Provide all the necessary materials (posters& brochures) and information to the Second Party to
promote the First Party’s programs for the university students.
Interview, qualify and process the students recommended by the Second Party to determine
their capability to be accepted as On-the-Job trainees of their company.
Advise the Second Party of the students’ status of application for On-the-Job training and
furnish the same with the final list of the qualified students.
Present the training plan/trainees program of activities for the school examination and approval.
Provide an orientation for the participating students endorsed and processed by the Second
Party.
Assign a competent training supervisor responsible for all phases of the work including the
evaluation of performance of trainees.
Provide supervised exposure to the students to at least three sections of operation in their
affiliated hotels, in order to familiarize them with the details of its operation.
Provide a favorable work experience or On-the-Job training in accordance with the agreed
training plan and schedule of activities.
Advise the Second Party of the performance of the students and report immediately any
misbehavior or unsatisfactory performance of the student.
Provide, if possible, the student trainees the following or better benefits:
2.10.1 Free duty meals for the duration of the training;
2.11. Evaluate the performance of the students by filling up an assessment/evaluation forms at
the end of practicum hours and forward this to the Second Party.
2.12. Issue a Certificate of Participation for the students who finished the Program

Obligations of the Second Party – The Second Party shall:

Promote the First Party’s Programs to the students of the university.
Permit and provide the necessary facilities for the First Party to present its company and On-
the-Job-training Program to the students of the university. The necessary facilities for the
presentation such as, but not limited to:
3.2.1 Venue for the presentation
3.2.2 Necessary Multi-media equipment
3.2.3 Chairs and tables
3.2.4 Overhead projector and its compliments
3.2.5 Whiteboard and compliments
3.2.6 Pens and paper
3.2.7 Multi-media, lights and sound system
3.2.8 Others, as may be needed
Give the periodic update of the Program’s development being promoted in the university.
Handle the preliminary interview and processing of the student applicants for the Program.
Determine the qualification of the student applicants based on the following, but not limited to:
Passing the pre-practicum / Internship requirements;
Current enrollment in LCI Course Offerings (1-year Diploma programs)
English proficiency;
Maturity – psychological, emotional and spiritual balance;
Right work attitude towards practicum / Internship;
Passing the IQ and personality test conducted by the Administrative Officer of the Second
Party;
Fitness and health;
Non-involvement in any illegal or criminal activities, nor with prohibited drugs, elements or
chemicals.
No disciplinary action taken against the student in the last year; and
Has written approval or consent from parents/guardians.
3.6 Shall provide the student applicants the necessary scholastic record such as, but not limited
to:
3.6.1 Recommendation or Endorsement Letter;
3.6.2 Certificate of Enrollment
Accept and credit the Practicum / Internship Program as part of the students’ compliance for
their corresponding academic requirements for Practicum / Internship. A Certificate of
Participation will be issued for the successful participant student by XXX to authenticate their
participation in the Program.
Provide the First Party with all true and reliable information regarding the participating students
for the Program such as, but not limited to, Curriculum Vitae, photo, academic certification,
interview sheet and other related information. All related expenses will be on the account of the
student.
Respect and accept the final decision of the First Party as to which applicant student will be
qualified to be endorsed for the Program.
Share intellectual resources with the First Party like access to library resources, MIS, etc, as
may be permitted be the Second Party’s existing policies.
The Second Party’s Representative who will visit the participating students will make a report
of their observation/assessment on, but not limited to the following:
General condition of the students
The Program for the students and the university
The organization/company
Their work and working condition and safety
The Workplace
The Dormitory, if applicable
The students Benefits & Compensation
The Areas of Concern, its reasons and their corresponding suggestions to correct, develop or
improve the issues.
A copy of the Report will be furnished to the First Party within thirty (30) days after the end of
the Program.

EXCLUSION OF PARTNERSHIP
The Parties hereto expressly agree that nothing contained or implied in this AGREEMENT shall
constitute or be deemed to constitute a partnership or joint venture within the Parties hereto or
any of them do not constitute nor be deemed to constitute any Party as an affiliate to any Party
for any purpose whatsoever.
The rights, duties, obligations and liabilities of the Parties hereto shall be several and not joint
and solitary and nothing herein contained shall be construed as creating a trust, each party being
individually responsible only for its obligations as set out in this AGREEMENT.
FORCE MAJURE
NO claim for damages of any party shall arise out of any breach of this AGREEMENT if such
breach is caused directly by government interference of any statute or regulation, war, riot, civil
disorder, revolution, acts of public enemies, strike or other labor disturbance, fire, flood, natural
calamities, or any other cause beyond the control of the parties.
NOTICES AND GENERAL MATTERS
NOTICES under this AGREEMENT may be delivered by hand, by registered mail (which shall
be airmail’d if possible) or facsimile to the addresses or email’d to the address, facsimile
number, and email address specified as follows:
First Party :
Company Name :
Address :
Numbers :
Fax Number :
Email Address :
Website :

Second Party:
XXX
Culinary Director
XXX
XXX Manila
Telephone Numbers : XXX
Website : XXX
Email Address : XXX
Notice or other communication will be deemed given:
In case of hand delivery, upon written acknowledgment of receipt by an office or other duly
authorized employee, agent or representative of receiving Party:
In case of registered mail, on the day on which such mail or notices will be delivered in the
ordinary course of post.

REMEDIES
No remedy confirmed by any of the provisions of this AGREEMENT is intended to be excluded
of any other remedy which is otherwise available by law, equity statute or otherwise and each
and any other remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or not hereafter existing by law, equity, statute or otherwise. The selection of anyone
or more of such remedies by any of the Parties hereto shall not constitute a waiver by such party
of the right to pursue any other available remedies.

ASSIGNMENT
The AGREEMENT shall not be assignable by any Party without prior written consent of the
other.

FURTHER ACTS
The Parties recognize and accept that it is impractical to provide herein for every contingency
that may arise in the course of the performance of the terms and conditions contained in the
AGREEMENT and, accordingly they hereby declare to be their mutual intention that in all cases,
all reasonable endeavors shall be used to ensure that this AGREEMENT shall operate as between
them fairly and equitably. If any unfairness or inequity to a Party is disclosed or anticipated, then
the Parties shall use all reasonable endeavors to agree upon such actions as may be necessary and
equitable to remove the case of the same.

CONFIDENTIALITY
This AGREEMNT, as well as its terms and conditions herein shall be held in strict confidence
and that no portion or part hereof may be reproduced or be revealed to any personnel or entity
other that the signatories herein or their authorized representative. The signatories or other
authorized representative shall not divulge, disclose or publish the provisions herein to a 3rd
Party or entities subject to court order or so ordered by a governing institution.

SEPARABILITY
The invalidity or unenforceability of any provision of this AGREEMENT shall not affect or
impair other provisions that are otherwise valid, binding and effective.

GOVERNING LAW AND ARBITRATION

This AGREEMENT shall be governed by and construed according to the laws of the Republic of
the Philippines;
Any or all disputes, controversies and conflicts between the Parties in connection with this
AGREEMENT shall, as far as possible be settled amicably between the Parties within thirty (30)
days.
Failing such an amicable settlement, any and all disputes, controversies and conflicts arising out
of or in connection with this AGREEMENT or its performance shall be settled by arbitration in
Manila by three (3) ARBITRATORS. The First Party and the Second Party shall appoint one
(1) arbitrator each and the third arbitrator shall be appointed by the two arbitrators appointed by
the First and Second Parties.
Any decision by the arbitration tribunal shall be final and binding upon the parties and may be
enforced by judgment of a competent court in the City of Manila.

ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between the parties, their successors and
assignees. Any and all matters or things that the parties may have agreed, but have not reduced in
writing herein, shall be void and ineffective.

AMENDMENTS
All amendments hereof shall not be valid and binding unless the same is in writing and duly
signed by the parties hereto.

LANGUAGE
All documents to be furnished and communication to be given or made under this
AGREEMENT shall be in English.

TERM
This AGREEMENT is valid for two years commencing on DATE and shall be automatically
renewed unless sooner terminated by either Party upon a two (2) years advance written notice
subject to the fulfillment of any pending obligation by either one or both Parties concerned.
Any modification may be introduced, subject to the approval of both Parties.

IN WITNESS WHEREOF, both Parties have here unto set their hands this __________ of, 2018,
in ____________.

BY: COMPANY NAME By: XXX

____________________________ ____________________________

NAME XXX
Designation Culinary Director

Signed in the presence of:

NAME
Designation Adminitrative Officer
NAME
Designation Culinary Chairperson

REPUBLIC OF THE PHILIPPINES

Manila
BEFORE ME, a Notary Public for and in Manila, Philippines, this __________ day of
____________________ 2018 personally appeared:

NAME COMPETENT I.D. DATE/PLACE ISSUED

_____________________ ____________________ _____________________
_____________________ ____________________ _____________________

Known to me and to me known to be the same persons who executed the foregoing agreement
and they acknowledged to me that the same is their free and voluntary act and deed, as well as
the corporation they represent.
IN WITNESS WHEREOF, I have hereunto affixed my seal on the date and place first above
written.
Doc. No. ______
Page No. ______
Book No. ______
Series of _______

Obligations of the First Party – The First Party shall:

  Present all the requisite resources and details to the Second Party to advertise the program
of the first party.
 Examine, train and evaluate the students endorsed by the second Party
 Offer orientation to the participating students accepted and assessed by the Second Party
 Inform the Second party of the On-the-Job training application status of the students
 Deliver a valuable Job opportunity
 Inform the Second Party about the progress of the students and report immediately if
there is a inappropriate behaviour
 Offer monitored exposure to the students to at least three operating sections of their
partner hotel
 Illustrate the development program/activities for the school analysis.
 Designate an accountable and qualified training advisor.
 Offer the following incentives to the students:
2.10.1 Free meals during the whole period of training
2.11 Assess students’ performance by having an evaluation form at the end of intership hours
and send it to the Second Party
2.12 Give students a Certificate of Participation after finishing the program

Obligations of the Second Party – The Second Party shall:

 Recommend the activities of the First Party to the university students
 Qualify and furnish the requisite resources for the first party to introduce its company and
On-the-Job training program to the university students. The required presentation
resources such as, but should not exceed to the following:
3.2.1 Site of the presentation
3.2.2 Recommend multimedia equipment
3.2.3 Provide chairs and desk
3.2.4 Other necessaries like overhead projector
3.2.5 Whiteboard
3.2.6 Pen and Papers
3.2.7 Audio system, digital and lighting
3.2.8 Other necessaries that may be required
 Furnish a frequent report on the progress of the program being utilized by the university
 Assess the initial screening evaluation to the students’ candidates for the program
 Appraise the eligibility of the student candidate regarding the following but not confined
to;
 Qualification to the pre-practicum
 Recent enrolment to the LCI course offerings
 Proficiency in English
 Marurity – Mental, emotional and spiritual balance
  Suitable job behaviour towards the whole internship
 Health and fitness
 Character assessment administered by the Second Party Administrative Officer
 Not involved in any illegal activities
 No administrative charges brought against the students last year and;
 Has a permission consent from the parents
3.6 Shall issue requisite academic records
3.6.1 Letter of endorsement
3.6.2 Certificate of Enrollment
 Acknowledge and credit the Practicum/Internship Program as a feature of the
understudies' consistence for their comparing scholarly prerequisites for
Practicum/Internship. A Certificate of Participation will be given for the effective
member understudy by XXX to verify their interest in the Program.
 Furnish the First Party with all obvious and solid data in regards to the partaking
understudies for the Program, for example, however not restricted to, Curriculum Vitae,
photograph, scholarly affirmation, talk with sheet and other related data. All connected
costs will be on the record of the understudy.
 Regard and acknowledge an official conclusion of the First Party with respect to which
candidate understudy will be able to be embraced for the Program.
 Offer scholarly assets with the First Party like admittance to library assets, MIS, and so
forth, as might be allowed be the Second Party's current approaches.
 The Second Party's Representative who will visit the partaking understudies will mention
a report of their objective fact/appraisal on, yet not restricted to the accompanying:
 Overall state of students

Obligations of the First Party – The First Party shall:

I. Provide all the necessary materials (posters& brochures) and information to the Second
Party to promote the First Party’s programs for the university students.
Article 1170, this is applicable to this obligations because the First Party will be the one to
provide all necessary materials needed in the practicum/internship, the First Party will be
held responsible for the lack of materials, since this is the First Party’s responsibility, their
acceptance should not differ in accordance to the said contract.
II. Interview, qualify and process the students recommended by the Second Party to
determine their capability to be accepted as On-the-Job trainees of their company.\
Article 59, this can be applied in this obligation because in order to be qualified as an On-
the-Job trainee, students applicant must be equipped with appropriate knowledge, skills and
ability. Therefore, the first party has the right to qualify only eligible students applicants for
their company.
 III. Advise the Second Party of the students’ status of application for On-the-Job training and
furnish the same with the final list of the qualified students.
As stated in the Second Party’s Obligation and Article 59, the First Party has all the rights
to accept ONLY eligible and competent students, thus, the Second Party shall acknowledge
and respect the decision of the First Party.
IV. Present the training plan/trainees program of activities for the school examination and
approval.
Article 7, this article must be applied because, the First Party is the one who needs to
provide practical training plan or work experience in accordance with agreed internship
plan.
Article 1170, this is applicable to this obligation since the Frist Party will be the one to
provide the training plan/trainees program of activities. In this matter, the First Party will be
held as responsible for the lack of execution. Since this is the responsibility of the First
Party, their acceptance should not differ in accordance to the said contract; what they
agreed upon the contract should, therefore, remain intact no matter what the cost may be.
V. Provide an orientation for the participating students endorsed and processed by the
Second Party.
Article 7, this must be applied because it is the First Party’s obligation to provide necessary
orientation that will help student intern on the standard rules and regulations of the
company that they are going to work before signing a contract. They must conduct
orientation and advocacy on the implementation of the guidelines.
Article 1170, this is applicable to this obligation since the Frist Party will be the one to provide
an orientation for the student participants recommended an processed by the Second Party. In
this matter, the First Party will be held as responsible if they fail to execute the orientation.
Since this is the responsibility of the First Party, their acceptance should not differ in
accordance to the said contract; what they agreed upon the contract should, therefore, remain
intact no matter what the cost may be.
VI. Assign a competent training supervisor responsible for all phases of the work including
the evaluation of performance of trainees.
Article 49, Administration of training programs. The Council shall provide instructor
training, entrepreneurship development, training in vocations, trades and other fields of
employment, and assist any employer or organization in training schemes designed to attain
its objectives under rules and regulations which the Council shall establish for this purpose.
The First Party has all the rights to designate a competent and adept supervisor to evaluate
and observe the performance of the trainees in order to determine if they are doing the
agreed work and duties arising from their characteristics of work.
VII. Provide supervised exposure to the students to at least three sections of operation in their
affiliated hotels, in order to familiarize them with the details of its operation.
VIII. Provide a favorable work experience or On-the-Job training in accordance with the
agreed training plan and schedule of activities.
 Provides practical training and or work experience in accordance with agreed internship
plan and schedule of activities.
IX. Advise the Second Party of the performance of the students and report immediately any
misbehavior or unsatisfactory performance of the student.
Article 282, it applies to this obligation since both parties has their own responsibilities to
the students, prior to that, the First Party has the right to dismiss a student imposing
misconduct within the workplace and will eventually report foul behaviour to the Second
Party.
X. Provide, if possible, the student trainees the following or better benefits:
- 2.10.1 Free duty meals for the duration of the training;
Article 85, Meal periods. Subject to such regulations as the Secretary of Labor may
prescribe, it shall be the duty of every employer to give his employees not less than sixty (60)
minutes time-off for their regular meals. It is First Party’s obligation to provide healthy
meals for the trainees.
- 2.11. Evaluate the performance of the students by filling up an assessment/evaluation
forms at the end of practicum hours and forward this to the Second Party.
Article 8, this is suited to this obligations because the First Party is the one who is assigned
to monitor and evaluate students’ performance during the On-the-Job training. The
evaluation must follow standard procedures such as oral and written observations, monthly
reports and interviews.
- 2.12. Issue a Certificate of Participation for the students who finished the Program
Article 7, it is First Party’s duty to give a certificate of participation to the student trainee
who finished the program given to them. They must issue certificates of completion for the
student interns not later than two weeks after the completion of internship.
Obligations of the Second Party – The Second Party shall:
I. Promote the First Party’s Programs to the students of the university.
II. Permit and provide the necessary facilities for the First Party to present its company
and On-the-Job-training Program to the students of the university. The necessary
facilities for the presentation such as, but not limited to:
- 3.2.1 Venue for the presentation
- 3.2.2 Necessary Multi-media equipment
- 3.2.3 Chairs and tables
- 3.2.4 Overhead projector and its compliments
- 3.2.5 Whiteboard and compliments
- 3.2.6 Pens and paper
- 3.2.7 Multi-media, lights and sound system
- 3.2.8 Others, as may be needed
III. Give the periodic update of the Program’s development being promoted in the
university.
Article 2 stated that the objectives for Student Interns must:
 Provide students enrolled in HEls in the Philippines with opportunities to apply relevant
knowledge and skills acquired from formal education to actual work setting provided by
reputable HTЕs in our country;
 Enhance the knowledge and skill acquired in formal education of student interns through
employer-based training, in order for them to become more responsive to the future
demands of the labor market;
 Develop the life skills of the student interns, including those relevant to the values of
professionalism and work appreciation. The student interns are expected to acquire soft
skills necessary to address the demand of the employers such as communication skills,
interpersonal skills, financial literacy, etc; and
 Acquire a professional work ethic in the course of internship.
IV. Handle the preliminary interview and processing of the student applicants for the
Program.
Article 3, refers to an authorized or designated person who is responsible to for all the
aspects of internship program.
Article 4, student interns must be qualified to his or her major requirement
V. Determine the qualification of the student applicants based on the following, but not
limited to:
- Passing the pre-practicum / Internship requirements;
- Current enrollment in LCI Course Offerings (1-year Diploma programs)
- English proficiency;
- Maturity – psychological, emotional and spiritual balance;
- Right work attitude towards practicum / Internship;
- Passing the IQ and personality test conducted by the
 Administrative Officer of the Second Party;
- Fitness and Health;
- Non-involvement in any illegal or criminal activities, nor with prohibited drugs, elements
or chemicals.
- No disciplinary action taken against the student in the last year; and
- Has written approval or consent from parents/guardians.
Based on Article 7, This are the responsibilities of the parties involved:
 Assume full responsibility over the students during their internship in the Philippines,
 Ensure acceptability of internship plan and internship venues in order to protect student
intern interest;
 Ensure that the student intern will acquire actual and relevant competencies in each
learning area, assignments, and schedule of activities.
 Provide free medical and dental services and certification by a duly licensed medical
doctor and dentist to the student interns;
 Safeguard student interns undergoing internship from harassment, exploitation,
deplorable training conditions and such other conditions that contravene or defeat the
purpose of internship:
 Take appropriate action on any complaint against the student intern in accordance with
the policies;
 Issue a final grade to the student intern upon completion of requirements within the
prescribed period in accordance with the regulations on grading system and
performance assessment
 Monitor and assess student interns periodically
 Be officially enrolled in a legitimate Philippine higher education institution;
 Submit a Medical Certificate indicating that he or she is in good health and emotionally
fit. The medical certificate shall be based on a physical and psychological examination
conducted, or certified by Department of Health (DOH) accredited clinics and hospitals.
He or she must also submit other related medical examination requirements by HTE, if
and;
 Have a notarized written consent from his or her parents or legal guardian. (No waiver
is allowed.)
VI. Shall provide the student applicants the necessary scholastic record such as, but not
limited to:
- Recommendation or Endorsement Letter;
- Certificate of Enrollment
Access to any official record is a right of a student, specifically mentioned in Chapter II Section
8.2 of the Batas Pambansa 232 — Education Act of 1982.
 VII. Accept and credit the Practicum / Internship Program as part of the students’
compliance for their corresponding academic requirements for Practicum / Internship.
A Certificate of Participation will be issued for the successful participant student by
XXX to authenticate their participation in the Program.
Based on Article 8, at the end of the internship period, the HTE shall transmit within ten (10)
to fifteen (15) working days to the HEl the following documents:
 Certificate of completion;
 Duly accomplished evaluation sheet; and
 Other pertinent reports, information, and/or documents which may be included for
purposes of describing student intern performances.
 The SIPP Coordinator's report including the HTE evaluation report will be the basis of
the student intern's final grade;
 A student intern whose contract was terminated before the end of the stipulated period
for other causes shall be given a final grade on the basis of the school's grading system,
and after considering the circumstances surrounding such termination; and
 The concerned HEI shall strictly monitor compliance to these guidelines.
VIII. Provide the First Party with all true and reliable information regarding the
participating students for the Program such as, but not limited to, Curriculum Vitae,
photo, academic certification, interview sheet and other related information. All
related expenses will be on the account of the student.
The National Privacy Commission has rules and regulation called Republic Act No. 10173, or
the Data Privacy Act of 2012. This law aims to safeguard the fundamental human right of every
individual to privacy, upon giving the information of the students to the First Party, it is the right
of every student to demand a full confidentiality of the given information.
IX. Respect and accept the final decision of the First Party as to which applicant student
will be qualified to be endorsed for the Program.
Since it was stated in the First Party’s second obligation, Article 59, only the eligible and
competent students will be accepted and that reason alone has to be respected by the Second
Party.
X. Share intellectual resources with the First Party like access to library resources, MIS,
etc, as may be permitted be the Second Party’s existing policies.

XI. The Second Party’s Representative who will visit the participating students will make
a report of their observation/assessment on, but not limited to the following:
- General condition of the students
- The Program for the students and the university
- The organization/company
- Their work and working condition and safety
- The Workplace
- The Dormitory, if applicable
Compiled under the Basic Human Rights of Employees of DOLE’s Bureau of Working
Conditions, workers have the rights to be informed of the following;
 the equal opportunities set forth to them regardless of their status in all aspects;
 Working conditions such as company, protocols, laws, and due processing of
causes;
 their working days, which is normally 8 hours/day;
 safety precautions relevant to nature of work;
 hazardous conditions (if there are any) and relevantly, provision for on-the-job
protection;
 their benefits/incentives as employee (Employees Compensation Program stated under
Presidential Decree No. 626), and;
 the amount of their compensation (in cash) based on work rendered (time and
service)
The employers, on the other hand, has the right to dismiss employees if and only;
 The employee has exemplified actions against just causes, and;
 The employer is facing economic dowfalls classified as authorized causes