INDEPENDENT CONTRACTOR.
This Independent Contractor Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ___ day of __ 2021 (the “Effective Date”), between ________________________, Contact Info: _____________________ (hereinafter referred to as the “Company”), and __________, Contact Info: ___________, (herein referred to as the “Contractor”).
WHEREAS, the Company is a spiritual Spa and bathhouse located in Los Angeles that offers its clients/customers spiritual healing services.
WHEREAS, the term “Contractor” covers any service provider including but not limited to healers contracted by the Company to offer services to the Company’s clients.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period ______ [Weeks/Months/Years] commencing on the Effective Date herein.
- SCOPE.
- The Contractor is hiring the Contractor to provide the following services:
- _______________________________________________________________.
- _______________________________________________________________.
- _______________________________________________________________.
- The Contractor shall only be scheduled for work depending on their availability, the Company reserves the right to schedule work any Contractor as they see fit.
- PAYMENT.
The Contractor shall be paid _____________ Dollars per hour for the services covered under this Agreement, payment shall be made ☐weekly ☐bi-weekly ☐monthly ☐bi-monthly
- INDEPENDENT CONTRACTOR.
- The Contractor shall be retained as an independent contractor. The Contractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Contractor’s behalf during the term of this Agreement.
- The Contractor and/or the Contractor’s employees understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
- LIABILITY/INDEMNITY/ASSIGNMENT/WAIVER
- The Company shall not, during the term of this Agreement, be held liable for any injuries sustained by the Contractor while carrying out their obligations under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Contractor agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
- The Contractor shall be fully responsible for all injuries caused to the clients assigned to them caused in the cause of spa and/or healing sessions. The Company shall not be held responsible for any injuries caused to the clients by the Contractor, the Contractor shall assume all and any liability under such circumstances.
- The Company shall not be held responsible for any loss and/or damages caused by the Contractor to the Company’s clients while they are carrying out their obligations under this Agreement. The Contractor shall assume all responsibility, legal or otherwise, arising from any loss and/or damage caused by them to the Company’s Client. The Contractor agrees to indemnify the Company against any and all such claims.
- The Contractor shall not assign its rights or obligations under this Agreement without prior Notice or consent of the Company.
- The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- NON-SOLICITATION.
- The Contractor understands that any communication with the Company’s customers shall only through the Company. The Contractor shall not, directly or indirectly, call, contact or communicate with the customers without prior notice with the Company.
- The Contractor shall not, during the term of this Agreement and/or upon the termination/cancellation thereof, solicit, negotiate, and contact directly or indirectly, any other Company’s clients with the aim of conducting business with them.
- The Contractor shall not, during the term of this Agreement and/or Six Months after the termination/cancellation of the Agreement, by incitement encourage the Company’s clients, associates and/or employees to terminate their obligations with the Company.
- FORCE MAJEURE:
The failure on the part of the Contractor to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Contractor shall be required to inform the Company of such delays and inconveniences promptly.
- TERMINATION/CANCELLATION.
The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company shall ensure to pay the Contractor for all work done before the termination/cancellation is made effective. The Company shall terminate/cancel this Agreement at any time if the Contractor injures the client and/or fails to show up for 3 schedules.
- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
- This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in California, USA.
- This Agreement shall be binding upon and inure to the benefit of the Company and the Contractor and their respective successors and assigns, provided that the Contractor may not assign any of their obligations under this Agreement without the Company’s prior written consent.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CONTRACTOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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