The Essential Guide to Personal Assistant Contracts

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

From the boardroom to the living room, personal assistant contracts are a vital piece of legal documentation that can help protect both employers and employees alike. Drafting a personal assistant contract is an intricate process, one that requires an understanding of the rights and responsibilities of each party, as well as the legal implications involved. Consequently, it’s important to ensure you have all your bases covered when drafting this type of contract.

The Genie AI team is here to make the process easier with our open source legal template library; containing millions of datapoints which teach Genie’s AI what a market-standard personal assistant contract looks like. With Genie AI’s library and step-by-step guidance, anyone can quickly draft and customize high quality legal documents without paying a lawyer. As part of its mission to help everyone create their best version ever version ever version ever version ever version ever version ever version ever version ever , Genie AI provides free personal assistant contract templates for all kinds of scenarios - including employment contracts, independent contractor agreements and more - accessible via our website or app.

When creating your own contract from scratch or using one from our library, it is important to consider all aspects of the job that may be relevant such as length of service; payment terms; hours worked; duties etc., as well as any applicable labor laws in relation to your jurisdiction. Furthermore, you should also provide guidance in regards to expectations for performance and behavior outlined within the contractual agreement itself - this will help ensure both parties are aware their rights and responsibilities from the outset so they can reach mutually beneficial agreement going forward.

Finally, no matter how smoothly things go during your relationship with your employee/employer – it’s essential an exit strategy is built into any personal assistant contract right from day one – so that if either side decides they no longer wish continue their working relationship then there will be clear procedures set out in advance outlining terminating arrangements (and any applicable severance payments) if needed.

To summarise; while drawing up a personal assistant contract may seem overwhelming at first – by using our template library with its accompanying step-by-step guidance you’ll soon have everything in place so both employers and employees can get on with enjoying professional working relationships free from costly disputes down the line! Read on below for more information about how we can help you access our template library today!

Definitions

Contract - A legally binding agreement between two or more parties, setting out the rights and obligations of each party.
Terms and Conditions - The conditions, rules, standards, and requirements outlined in a contract.
Duties - The tasks and responsibilities agreed upon by both parties in a contract.
Length - The period of time for which a contract is valid.
Clauses - Specific sections of a contract, outlining additional details and expectations.
Relationship - The nature of the interaction between two or more parties involved in a contract.
Rights - The entitlements given to one or more parties in a contract.
Obligations - The duties or responsibilities of one or more parties in a contract.
Compensation - The amount of money received in exchange for work.
Benefits - Additional advantages given to one or more parties in a contract.
Termination - The process of ending a contract.
Breach of Contract - When one or more parties fails to live up to the agreed terms of a contract.
Confidentiality - Keeping information private and secure.
Dispute Resolution - The process of settling disagreements between two or more parties.
Non-Disclosure - The act of not revealing certain information.
Signing Process - The steps taken to legally bind a contract.
Timeline - A schedule outlining the dates and times for specific events.

Contents

1. Establishing the Terms and Conditions of the Contract
2. Listing the specific duties of the Personal Assistant
3. Defining the length of the contract
4. Specifying any additional terms or clauses
5. Identifying the Parties Involved
6. Listing all parties’ names and contact information
7. Establishing the relationship between the parties
8. Defining the Responsibilities of the Personal Assistant
9. Specifying the level of service required
10. Outlining the expectations of the Personal Assistant
11. Outlining the Rights and Obligations of the Employer
12. Establishing the expectations of the employer
13. Identifying the rights of the employer
14. Establishing Payment and Benefits
15. Specifying the compensation structure
16. Setting the payment schedule
17. Defining additional benefits
18. Specifying Termination and Breach of Contract
19. Defining the conditions for terminating the contract
20. Establishing the process for addressing a breach of contract
21. Establishing Non-Disclosure and Confidentiality Agreements
22. Specifying the information that must remain confidential
23. Establishing the penalties for disclosing confidential information
24. Establishing Procedural Requirements for Signing the Contract
25. Specifying the signing process
26. Setting the timeline for signing and executing the contract
27. Addressing Dispute Resolution
28. Establishing the process for resolving disputes
29. Defining the roles and responsibilities of the parties
30. Providing Resources, Tools, and Guidance for Effective Contract Writing and Negotiation
31. Identifying relevant resources and tools
32. Outlining best practices for contract writing
33. Offering guidance on contract negotiation

Get started

Establishing the Terms and Conditions of the Contract

• Research relevant state and local laws pertaining to contracts, to ensure that all terms and conditions adhere to the legal requirements
• Create an agreement that outlines the roles, responsibilities and expectations of the employer and personal assistant
• Specify how and when payment will be made
• Specify the duration of the contract, including a start and end date
• Specify any other clauses that may be relevant to the agreement, such as confidentiality or non-disclosure
• Both parties should sign and date the contract
• Once the contract is signed, both parties should keep a copy of the contract for their records

You will know you have completed this step when the agreement is signed and dated by both parties, and each has a copy of the contract.

Listing the specific duties of the Personal Assistant

• Identify the tasks that the Personal Assistant will be responsible for
• Create a bullet point list of the tasks and responsibilities the Personal Assistant will be responsible for
• Make sure to be clear, concise, and comprehensive when listing the tasks and responsibilities
• Have the Personal Assistant review the list and make sure it is accurate
• Ensure that the list of duties and responsibilities is included in the contract

How you’ll know when you can check this off your list and move on to the next step:

• When the list of duties and responsibilities is agreed upon by both parties and included in the contract, you can move on to the next step.

Defining the length of the contract

• Consider the expected duration of the services required – is it a one-time job or long-term?
• Decide on whether the contract should be for a fixed-term (for example, one year) or open-ended.
• Agree on the start and end date for the contract.
• If the agreement is for a fixed-term, ensure that the terms and conditions can be renewed at the end of the period.

When you can check this off your list and move on to the next step:

• Once you have discussed the length of the contract and agreed upon the terms, you can move on to the next step of specifying any additional terms or clauses.

Specifying any additional terms or clauses

• Review any additional terms or clauses that should be included in the contract such as confidentiality, non-solicitation, and non-competition clauses
• Consider any additional clauses such as termination, dispute resolution, non-assignment, and governing law
• Include an assignment clause if the work being performed or intellectual property created is to be owned by the employer
• Ensure all additional terms and clauses are written in plain language and easy to understand
• When all additional terms and clauses are specified, review all terms and clauses with both parties to make sure they are in agreement
• Have both parties sign the contract to make it legally binding
• Check this off your list and move on to the next step of identifying the parties involved.

Identifying the Parties Involved

• Identify the parties involved in the contract and their roles
• Determine which party is the principal and which is the agent
• Determine which party will assume the financial and legal obligations and responsibilities
• Be sure to include any third-party entities or other individuals who may have an interest or role in the contract
• Consider if any legal discussion or expert advice is necessary
• Once you have identified all parties involved, you can proceed to the next step: Listing all parties’ names and contact information

Listing all parties’ names and contact information

• Collect the full legal names and contact information for all parties involved in the agreement
• Make sure to include the name, address, phone number, and email address for each party
• Double check that all contact information is accurate and up-to-date
• Once you have collected all of the necessary details, you can move on to the next step
• You will know that you have successfully completed this step when you have collected the full legal name and contact information for all parties involved in the contract.

Establishing the relationship between the parties

• Research any relevant legal requirements that must be met when entering into a contract
• Identify the roles and responsibilities of each party
• Outline any potential conflicts that could arise in the contract
• Create a clause that explains how the contract can be altered or terminated
• Draft an agreement that outlines the rights and obligations of the parties
• Have both parties sign and date the agreement
• File a copy of the signed agreement in a safe place

When you can check this off your list:

• When the agreement has been signed by both parties and the document has been properly filed.

Defining the Responsibilities of the Personal Assistant

• Outline the specific tasks, duties and responsibilities of the Personal Assistant
• Identify any areas that are excluded from the contract
• Ensure that the contract is clear and unambiguous, with no room for misinterpretation
• Make sure that the job description is realistic and achievable
• Include any additional requirements such as background checks or medical tests
• Once you are satisfied that the job description is accurate and complete, you can move on to the next step.

Specifying the level of service required

• Clearly define the services the Personal Assistant will be required to provide
• List out any additional duties that may be expected of the Personal Assistant beyond the initial duties
• Define the type of service the Personal Assistant will need to provide, such as administrative, clerical, or technical
• Indicate the minimum number of hours the Personal Assistant will be expected to work each week or month
• Specify any communication expectations, such as responding to emails or phone calls within a certain timeframe
• When possible, provide examples of the tasks the Personal Assistant will be expected to complete

When you’ve clearly listed out the services the Personal Assistant is expected to provide and outlined the expectations, you can check this off your list and move on to the next step.

Outlining the expectations of the Personal Assistant

• Clearly define the duties and responsibilities of the Personal Assistant in the contract.
• Provide a detailed job description that outlines the Personal Assistant’s tasks and duties.
• Specify the timeline and duration of the Personal Assistant’s services and how often the work must be completed.
• Outline the expectations of the Personal Assistant’s availability, hours, and schedule.
• When the Personal Assistant’s services are complete, the contract should be signed and dated by both parties to signify its acceptance.

You can check this step off your list and move on to the next step when you have included all the required information in the contract and both parties have signed and dated the contract to signify their acceptance.

Outlining the Rights and Obligations of the Employer

• Research relevant laws and regulations: Researching existing laws or regulations that your Personal Assistant will be subject to is key to ensuring a legal and binding contract.
• List the employer’s rights and obligations: Make a clear outline of the rights and obligations of the employer, such as the right to dismiss the Personal Assistant, and the obligation to pay the Personal Assistant on time.
• Set expectations and guidelines: Clearly outline the expectations and guidelines that the employer has for the Personal Assistant, such as the required working hours, the scope of the job, and the expected outcome.

When you can check this off your list and move on to the next step: When you have finished outlining the rights and obligations of the employer, you can move on to the next step of establishing the expectations of the employer.

Establishing the expectations of the employer

• Outline the employer’s expectations in detail, including the hours of work, duties and responsibilities
• Ensure that the job description is clear and concise, and that it does not conflict with the rights and obligations of the employer
• Describe the job clearly and accurately so that the personal assistant understands their role
• Make sure the expectations are realistic and achievable
• Be aware of any applicable laws or regulations that may affect the employer’s expectations
• Once the expectations are established, review them carefully and make sure that there is agreement between the employer and the personal assistant
• When the expectations are agreed upon, then you can move on to the next step.

Identifying the rights of the employer

• Research applicable state and local laws and regulations to determine the rights of the employer in the contract
• Identify any additional rights the employer may have, such as the right to direct and control the way the work is done
• Draft language in the contract outlining the employer’s rights, including the right to control the means and manner of the work
• When the rights of the employer have been identified and detailed in the contract, check off this step from your list and proceed to the next step, which is establishing payment and benefits.

Establishing Payment and Benefits

• Establish the salary and/or hourly rate for the Personal Assistant
• Outline any additional financial benefits such as overtime pay, travel reimbursements, etc.
• Specify any health, dental, and/or vision benefits that the employer is offering
• Include any additional benefits such as vacation pay, sick leave, etc.
• Describe any bonuses or incentive structures that might be in place
• Make sure to include any payment terms such as frequency and payment method
• Ensure that all payment and benefits are in line with any applicable federal, state, and local laws

Once all of these elements have been established, you can check this step off your list and move on to the next step.

Specifying the compensation structure

• Clearly define the salary, commission, or any other form of payment that will be given to the personal assistant
• Outline the conditions that will result in the payment of bonuses or other forms of incentive-based payments
• Specify any additional benefits that may be provided, such as healthcare coverage or the use of a company car
• Ensure that the payment structure is compliant with all local, state, and federal laws
• When all the details of the compensation structure have been agreed upon, both parties should sign the contract to officially seal the deal.

Once all of the above points have been addressed, you can move on to setting the payment schedule.

Setting the payment schedule

• Decide on the payment schedule: will the salary be paid weekly, bi-weekly, or monthly?
• Agree on the payment method: will the salary be paid by check, direct deposit, or a combination of both?
• Establish when the payment will be made: will it be made at the end of each month or on a specific day of the week?
• Include the payment schedule in the contract: make sure it is clearly stated in the contract.

Once the payment schedule is agreed upon and included in the contract, you can check this off your list and move on to the next step in establishing a personal assistant contract.

Defining additional benefits

• Identify any additional benefits that may be provided to the personal assistant, such as health insurance, vacation pay, a car allowance, etc.
• Determine the eligibility requirements for any additional benefits, such as length of service or hours worked.
• Outline the additional benefits in the contract.
• Make sure to include a provision outlining the employer’s right to modify or terminate additional benefits.

You can check this step off your list when you have identified the additional benefits and outlined them in the contract.

Specifying Termination and Breach of Contract

• Identify the conditions that will give either party the right to terminate the contract
• Specify the impact of a breach of contract and the rights of each party in the event of a breach
• Outline potential consequences if either party breaches the contract
• Describe the process of terminating the contract and how it will be managed
• Include a clause that allows the parties to seek legal advice and dispute resolution in the event of a breach
• Ensure all termination and breach clauses are in compliance with all applicable laws

You know you can check this off your list and move on to the next step when you have outlined all of the terms related to terminating the contract and the consequences of a breach.

Defining the conditions for terminating the contract

• Clearly define the conditions that will result in the contract being terminated, such as a breach of contract or material change in the scope of duties.
• Evaluate the circumstances under which either party may terminate the contract, including whether termination needs to be in writing or if an oral agreement is sufficient.
• Consider specifying whether the parties will be responsible for any fees associated with the termination.
• Check that all conditions for termination are properly documented in the contract.

Once these conditions are clearly defined in the contract, you can check this step off your list and move on to the next step - Establishing the process for addressing a breach of contract.

Establishing the process for addressing a breach of contract

• Draft a clause in the contract that outlines the process for addressing a breach of contract
• Make sure to include any applicable remedies, such as damages or termination of the contract
• Consider including details about how disputes will be resolved, such as through arbitration, mediation, or small claims court
• Specify the timeframe for addressing a breach of contract
• Include details about how the parties will be notified of a breach of contract
• You know you can check this off your list and move on to the next step when you and the other party have agreed upon the process for addressing a breach of contract and it has been included in the contract.

Establishing Non-Disclosure and Confidentiality Agreements

• Determine what information you want to keep private and confidential
• Draft a Non-Disclosure Agreement (NDA) that outlines the specific confidential information you wish to protect and the limitations on how it can be used
• Have the personal assistant sign the NDA
• Consider having the personal assistant sign a Confidentiality Agreement (CA) if you’re dealing with sensitive information such as trade secrets, intellectual property, or client information
• Have the personal assistant sign the CA
• Review both the NDA and CA with the personal assistant to ensure he/she understands the terms and conditions
• Once both the NDA and CA have been signed, you can check this off your list and move on to the next step.

Specifying the information that must remain confidential

• Include a clause in the contract that outlines the specific information that must remain confidential
• This clause should include all information that the assistant will be exposed to during the course of their employment such as confidential business information, proprietary technology, trade secrets and client lists
• Make sure that the clause is specific, clear and unambiguous and that both parties fully understand the scope of the confidentiality agreement
• When you have finalized the confidential information clause, check it off your list and move on to the next step of establishing the penalties for disclosing confidential information.

Establishing the penalties for disclosing confidential information

• Outline the consequences of disclosing confidential information
• Include a clause in the contract that outlines the penalties for breaching confidentiality
• Make sure the penalties are proportional to the severity of the breach
• Include information on how to resolve disputes, should they arise
• Clearly define the remedies available to both parties
• When you’re done, review the contract carefully to ensure it addresses all the points listed above
• Once you’re satisfied, you can move on to the next step: Establishing Procedural Requirements for Signing the Contract.

Establishing Procedural Requirements for Signing the Contract

• Establish a method of signing the contract, such as in person, via email, or through a third-party e-signature service
• Determine who is authorized to sign the contract, such as the employer and the personal assistant
• Specify the number of copies of the contract that need to be signed
• Decide if the contract needs to be notarized
• Set a timeline for when the contract must be signed

Once all of these steps have been completed, you can move on to the next step of specifying the signing process.

Specifying the signing process

• Determine who will be responsible for signing the contract by obtaining the necessary signatures from both the employer and employee.
• Agree on a method for signing the contract, such as signing hard copies, signing electronically, and/or using a digital signature.
• Set a timeline and deadline for when the contract must be signed by both parties.
• Once the contract is signed, make sure you both have a copy of the signed contract.

Once you have gone through all of the steps outlined above, you can check this step off your list and move on to setting the timeline for signing and executing the contract.

Setting the timeline for signing and executing the contract

• Set a timeline for when you want the contract to be signed and executed
• Agree on a date and time with the other party on when you will sign the contract
• Include a clause in the contract that indicates how many days the other party has to sign the contract
• Make sure that the contract has a deadline for when it must be signed
• Once both parties have signed the contract, it will be legally binding
• You’ll know this step is complete when the contract has been signed and executed by both parties.

Addressing Dispute Resolution

• Make sure to include a dispute resolution clause in the contract that outlines the process for resolving any disputes that may arise
• This clause should include the steps for resolution, such as arbitration, mediation, or negotiation
• Include a timeframe for each step in the dispute resolution process
• If a dispute arises, make sure to document it and follow the dispute resolution process outlined in the contract
• Once the dispute is resolved, make sure to update the contract if necessary to reflect the changes
• Check off this step when you have included a dispute resolution clause in the contract.

Establishing the process for resolving disputes

• Decide upon a dispute resolution process and include it in the contract. Examples of such processes include arbitration, mediation, or a simple agreement to meet with each other to discuss the dispute.
• Research and select the appropriate dispute resolution process for the situation.
• Outline the process for resolving disputes in the contract, including the steps that will be taken, the roles of each party, and the timeline for resolving the dispute.
• Specify any costs associated with the dispute resolution process and how they will be split between the parties.
• When the dispute resolution process is outlined in the contract and both parties have agreed to it, this step of the process is complete.

Defining the roles and responsibilities of the parties

• Outline the roles and responsibilities of the employer and the personal assistant in writing
• Include a description of the tasks to be performed and the expected hours of work
• Specify the personal assistant’s duties, such as administrative, errand-running, and other tasks
• Include any additional duties or roles that the personal assistant is expected to perform
• Outline the employer’s tasks, such as providing resources and managing the personal assistant’s work
• Specify any other duties or tasks the employer is expected to perform
• Make sure to define the expectations for the working relationship
• Once you’ve outlined the roles and responsibilities of both parties, you can move on to the next step.

Providing Resources, Tools, and Guidance for Effective Contract Writing and Negotiation

• Gather resources such as sample contracts, templates, contract checklists and other relevant documents
• Research the legal requirements for creating and executing contracts in your jurisdiction
• Understand the essential elements of a legally binding contract
• Obtain any necessary legal advice from a qualified professional
• Use an online platform to create and store the contract securely
• Understand the language used in contracts and its implications
• Check for any industry-specific regulations or standards that apply
• Have an attorney review the contract for completeness and accuracy
• Complete negotiations and make any necessary changes to the contract
• Sign and date the contract

When you can check this off your list and move on to the next step:

• When you have gathered all the necessary resources, researched the legal requirements for creating and executing contracts in your jurisdiction, obtained legal advice, and reviewed the contract for completeness and accuracy.

Identifying relevant resources and tools

• Research legal resources available in your area to ensure your contracts are compliant with local regulations
• Utilize templates and other tools to create a framework for your contracts
• Consult with an attorney or other legal professional to review your contracts and provide feedback
• When you have identified the resources and tools you need, you can move on to the next step of outlining best practices for contract writing.

Outlining best practices for contract writing

• Research best practices for contract writing by reading relevant articles and consulting with experts
• Identify which specific points need to be included in the contract, such as the job description, duties and responsibilities, payment terms, and other relevant details
• Draft a contract document according to the best practices you identified
• Check that all relevant points have been included and that the language used is clear, concise, and legally binding
• Review the contract with a legal professional to ensure that it meets all legal requirements
• When all points have been included, reviewed, and approved, the contract can be checked off the list and the next step, offering guidance on contract negotiation, can begin.

Offering guidance on contract negotiation

• Check for language that could be misinterpreted or lead to problems down the line, such as vague language or overly-broad terms
• Understand the laws relevant to the contract, such as wage and hour laws, overtime pay, and other local, state, and federal laws
• Negotiate terms that are fair and beneficial to both parties, such as payment terms, duration of the contract, job duties and expectations, and other important information
• If a dispute arises, be prepared to mediate and come to an agreement
• When both parties are satisfied with the negotiated terms, sign the contract and provide a copy to each party

When you can check this off your list and move on to the next step:

• Once the contract has been properly negotiated, reviewed, and signed by both parties.

FAQ

Q: Is it necessary for the contract to be in written form?

Asked by Audrey on November 4th, 2022.
A: Generally, yes - it’s a wise decision to have any job contracts in writing, to ensure that both parties understand the terms and conditions of the arrangement. This is especially true for personal assistant contracts, which can cover a range of different duties and expectations. In most cases, verbal agreements are not legally binding, so having a written contract that both parties have agreed upon is vital. However, in certain circumstances, it is possible for a verbal agreement to be legally binding - for example, if the agreement is witnessed by an unbiased third party or if the agreement involves a high value exchange. It’s always best to seek legal advice when in doubt.

Q: Are there any specific requirements that need to be included in the contract?

Asked by Emily on January 12th, 2022.
A: Yes - personal assistant contracts should include certain key clauses to ensure that both parties are adequately protected. These clauses may vary depending on the particular circumstances of the role, but generally speaking they should include provisions relating to payment (e.g. salary and overtime), hours of work and holidays, job duties, termination and dispute resolution. It’s also important to include confidentiality clauses to protect both parties from any potential breaches of trust or privacy.

Q: What happens if the contract is breached?

Asked by John on April 16th, 2022.
A: If either party breaches the terms of the contract, then this can have legal ramifications. Depending on the nature and severity of the breach, it may be possible for one party to sue the other for damages or costs incurred as a result of the breach. In some cases, it may even be possible to terminate the contract if one party has breached their obligations in a material way. In any case, it’s important to seek legal advice if there is any suspicion of a breach of contract, as this could have serious implications for both parties involved.

Q: Are there any differences between UK and US law when it comes to personal assistant contracts?

Asked by Sophia on June 22nd, 2022.
A: Yes - there are some key differences between UK and US law when it comes to personal assistant contracts. In the UK, employment contracts are generally subject to employment legislation such as the Employment Rights Act 1996 and Working Time Regulations 1998 which set out certain minimum standards regarding pay and working hours that must be adhered to. By contrast, US law generally favours more flexible arrangements with regard to pay and working hours (though state laws may provide additional protection). It’s also worth noting that certain aspects of UK employment legislation such as discrimination laws may not apply in the US - so it’s important to familiarise yourself with applicable state laws before entering into a personal assistant contract in either jurisdiction.

Q: What kind of disputes can arise from a personal assistant contract?

Asked by Noah on August 28th, 2022.
A: The most common types of disputes that can arise from a personal assistant contract are related to payment (e.g. failure to pay salary or overtime), hours of work (e.g. failure to comply with agreed hours) and job duties (e.g. failure to carry out tasks as agreed). Other potential disputes might involve termination (e.g. wrongful dismissal or constructive dismissal) or breaches of confidentiality or data protection laws (e.g. misuse of confidential information). In any case, it’s important to ensure that your contracts contain provisions relating to dispute resolution such as mediation or arbitration - as this can help avoid costly court proceedings should a dispute arise down the line.

Q: How much detail should I include in my personal assistant contract?

Asked by Emma on October 3rd, 2022.
A: When drafting your personal assistant contract, it’s important to include as much detail as possible in order to protect both parties’ interests and ensure clarity about each party’s roles and responsibilities during the course of their employment relationship. Your contract should include key clauses relating to payment (including salary/hourly rate and overtime), hours of work and holidays, job duties/responsibilities/tasks expected from them, termination rights/conditions and dispute resolution provisions (including details about how each party will handle any potential disputes). It’s also important to include confidentiality clauses where applicable - particularly if either party will be handling sensitive information during the course of their role - so that both Parties understand their obligations with regards to data protection laws and other privacy considerations.

Example dispute

Suing a Company for Breach of Personal Assistant Contract:

• Review relevant legal documents, regulations, and civil law to determine if the employer has breached the contract.
• Determine the information or actions which resulted in the suit being raised.
• Ascertain if the employer has failed to meet any obligations stated in the contract.
• Estimate the potential damages as a result of the breach.
• Investigate if the employee has acted in good faith and complied with any obligations stated in the contract.
• Consider alternative dispute resolution to reach a settlement.
• If damages are awarded, present arguments as to how they should be calculated.

Templates available (free to use)

Personal Assistant Contract

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