CONTRACTOR AGREEMENT
BETWEEN
_________________________________(THE “COMPANY”)
AND
______________________________________________(THE “CONTRACTOR”)
__________________________________________________________________________________
THIS AGREEMENT is made on the …………. day of……….20……., (Effective Date) entered into
by the Company of _____________________________(address) and the Contractor of
______________________(address) (Company and Contractor collectively referred to as the “Parties”
or individually as the “Party”) and includes that Party's successors and assigns.
WHEREAS the Company desires to retain the services of the Contractor, and the Contractor desires to
render such services, these terms and conditions are set forth. IN CONSIDERATION of this mutual
understanding, the parties agree to the following terms and conditions:
1. COMMENCEMENT AND DURATION
This agreement shall be valid from the Effective Date for a period of one year. This agreement shall be
renewable on an annual basis unless otherwise terminated.
2. THE SERVICES
The Contractor agrees that they will faithfully and to the best of their ability to carry out the duties and
responsibilities communicated to them by the Company. The Contractor shall comply with this
agreement, all Company policies, rules, and procedures and the industry standards at all times.
3. POSITION
As a ______________________________[job title], it is the duty of the Contractor to perform all
essential job functions and duties. From time to time, the Company may also add other duties within
the reasonable scope of the Contractor’s work. The Contractor accepts employment with the Company
on the terms and conditions outlined in this contract and agrees to devote their time and attention to
the professional performance of their duties.
4. COMPENSATION
As compensation for the services provided, the Contractor shall be paid based on the yearly funding
allocation. All payments shall be subject to mandatory employment deductions (State & Federal
Taxes, Social Security, Medicare).
5. LIABILITY
The Contractor agrees to indemnify, hold harmless and defend the Company and his officers,
Contractors, and agents from and against any incidental, consequential, indirect, or special damages
caused or alleged to have been caused herein.
6. NON-COMPETE
The Contractor shall not directly or indirectly engage in the businesses in which the Company engages
in or in which the Company has an actual intention, to engage in, within 25 miles from the premises in
which the Company is then conducting such business for (3) years after the termination of this
agreement.
7. NON-SOLICITATION
The Contractor shall not interfere with the Company's relationship with, or endeavor to entice away
from the Company, the Company's clients, or any person who had a material business relationship
with the Company in the duration of this agreement.
This included but is not limited to the students or families.
8. NON-ASSIGNMENT
The Contractor shall not transfer or assign this agreement without the Company's consent. However,
the Company may transfer or assign this agreement or subcontract its obligations hereunder at any
time without the Contractor’s consent. If the Company does so, anyone to whom the Company
transfers, assigns, or subcontracts any or all of its obligations will have all of the Company's rights to
such obligations.
9. RETURN OF THE PROPERTY
The Contractor agrees to return any Company property upon termination or demand by the Company.
All property should be returned in the same condition it was in at issuance failure to which damages
shall become payable. Reasonable wear and tear will be allowed.
10. DISPUTE RESOLUTION
Parties agree to settle disputes under this agreement through Mediation.
11. COURT COSTS AND ATTORNEYS’ FEES
In any action under this agreement, the prevailing Party shall be entitled to recover costs of court and
reasonable attorneys’ fees from the other Party, which fees shall be in addition to any other relief that
may be awarded.
12. TERMINATION
Either Party may terminate this Agreement, upon giving the other Party no less than 30 days’
notice in writing. If a Party wishes to terminate the contract with less than this stated period,
the other Party reserves the right to charge costs that they have already paid in advance or
incurred.
The Contractor may terminate this agreement due to but not limited to: negatively impacting
clients, fault with licensing agencies, non-adherence to policies or procedures of all
administrative governance, financial dishonesty, neglect of duty, and violation of the non-
compete clause.
This Agreement may be terminated at any time by mutual written agreement of the Parties.
The termination of this Agreement shall not discharge the liabilities accumulated by either
Party.
Any Clauses intended by the Parties or this Agreement to survive the termination of this
Agreement shall survive the termination of this Agreement by whatever cause.
13. CONFIDENTIALITY
The Contractor will have access to Company information that is the property of the Company. They
are not permitted to disclose this information, whether such information is stated to be confidential or
not, without the express written permission of the Company unless otherwise provided by law. The
Contractor shall not use for personal use or allow others to use the Company's information to the
detriment of the Company; they shall only use the Company's information to execute your duties
under this agreement.
14. DRAFTING RESPONSIBILITY
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting responsibility.
15. ENTIRETY
This contract represents the entire agreement between the two parties and supersedes any previous
written or oral agreement. This agreement may be modified at any time, provided the written consent
of both the Company and the Contractor.
16. LEGAL AUTHORIZATION
The Contractor agrees that they are fully authorized to work in the United States (US) and can provide
proof of this with legal documentation. This documentation will be obtained by the Company for legal
records.
17. SEVERABILITY
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be
struck from the record, and the remaining provisions will retain their full force and effect.
18. JURISDICTION
This contract shall be governed, interpreted, and construed in accordance with the laws of the State of
Tennessee without regard to its conflicts of law provisions.
Both parties whose signatures appear below hereby warrant that they are fully authorized and entitled
to enter into this agreement and do so agree on the dates written below by affixing their signatures
below.
Contractor Signature
Date
Company’s Representative
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