INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (“Agreement”) is made and entered into by the
undersigned parties _____ (the “Company”) AND ______
(the “Contractor”) on ______ (the “Effective Date”)
In consideration of the promises, rights and obligations set forth below, the parties
hereby agree as follows:
- Term
The term of this Agreement shall begin on __________and continue until ________. The term of this Agreement may be extended by mutual agreement
between the parties. - Services
The Contractor will provide the following services: on demand beauty platforms - Compensation
Subject to providing the services as outlined above, the Contractor will be entitled to:
I. Be paid the sum of 70% commission weekly. - Relationship
The Contractor will provide the Contractor services to the Company as an independent
contractor and not as an employee:
Accordingly:
The Contractor agrees that the Company shall have no liability or responsibility
for the withholding, collection or payment of taxes, employment insurance,
medical and health insurance premiums on any amounts paid by the Company to
the Contractor or amounts paid by the Contractor to its employees or contractors.
The Contractor also agrees to indemnify the Company from any and all claims in
respect to the Company’s failure to withhold and/or remit any taxes, health
insurance, employment insurance premiums or pension plan contributions.
The Contractor agrees that as an independent contractor, the Contractor will not
be qualified to participate in or to receive any employee benefits that the
Company may extend to its employees.
The Contractor is responsible for any accidents that could happen whilst working
at the property and the Contractor waiver their rights and claims against the
Company if any accidents occur.
The Contractor has no authority to and will not exercise or hold itself out as
having any authority to enter into or conclude any contract or to undertake any
commitment or obligation for, in the name of or on behalf of the Company.
- Confidentiality
The parties hereto agree that each shall treat confidentially all information provided by
each party to the other party regarding its business and operations (“Confidential
Information”). All Confidential Information provided by a party hereto shall be used by
the other party hereto solely for the purpose of rendering or receiving services pursuant
to this Agreement and, except as may be required in carrying out this Agreement, shall
not be disclosed to any third party. Neither party will use or disclose Confidential
Information for purposes other than the activities contemplated by this Agreement or
except as required by law, court process or pursuant to the lawful requirement of a
governmental agency, or if the party is advised by counsel that it may incur liability for
failure to make a disclosure, or except at the request or with the written consent of the
other party. - Intellectual Property
Unless otherwise indicated, the work product is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of United States, international
copyright laws, and international conventions. - Non-disparagement clause
Contractor shall not, at any time during the Term and thereafter, make statements or
representations, or otherwise communicate, directly or indirectly, in writing, orally, or
otherwise, or take any action which may, directly or indirectly, disparage the Company
or any of its subsidiaries or affiliates or their respective officers, directors, employees,
advisors, businesses or reputations. Notwithstanding the foregoing, nothing in this
Agreement shall preclude the Contractor from making truthful statements that are
required by applicable law, regulation or legal process. - Termination
The Independent Contractor relationship contemplated by this Agreement is to conclude
on ___________. The Contractor may terminate this Agreement by
serving the Company a 30 day-notice. The Company may terminate this Agreement at
any time.
The Agreement may also be terminated by one party if the other party commits a
material breach of any of the provisions of this Agreement and if:
i. the party in breach is not capable of remedy, that party fails to remedy the
same within 7 days after receipt of a written notice giving full particulars of the
breach and requiring it to be remedied, or the other party is in persistent non-
material breach (whether remediable or not) of any of the provisions of this
Agreement;
ii. An encumbrancer takes possession or a receiver is appointed over any of the
property or assets of that other party.
iii. That other party makes any voluntary arrangement with its creditors or
becomes subject to an administration order;
iv. That other party goes into liquidation (except for the purposes of
amalgamation or reconstruction and in such manner that the company
resulting there from effectively agrees to be bound by or assume the
obligations imposed on that other party under this Agreement
v. Anything analogous to any of the foregoing under the law of any jurisdiction
occurs in relation to that other party; or
vi. The other party ceases, or threatens to cease, to carry on business.
vii. Where a party terminates this Agreement pursuant to this clause, such party
shall have no liability to the other in respect of such termination. Termination
of this Agreement, however arising, shall not affect any of the parties rights
and remedies that have accrued as at termination.
- Customer responsibility
The Contractor shall be directly responsible to the Customer for any failure to fulfil the
Customer’s expectations or for any other legal liability which arises in respect of the
Contractor services. - Non-Competition and Confidentiality
As an Independent Contractor, you will have access to confidential information that is
the property of the Employer. You are not permitted to disclose this information outside
of the Company.
During your time of your engagement with the Company, you may not engage in any
work for another Company that is related to or in competition with the Company. You
will fully disclose to the Company any other employment relationships that you have,
and you will be permitted to seek other employment provided that (a.) it does not detract
from your ability to fulfill your duties, and (b.) you are not assisting another organization
in competing with the employer, (c.) you have an already existing employment
relationship prior to your engagement with our Company
It is further acknowledged that upon the termination of your employment, you will not
solicit business from any of the Employer’s clients for a period of at least 3 years.
The non-compete/non-disclosure clauses will continue in perpetuity even after the
termination of this Agreement.
- Disputes
In the event of any dispute arising out of or relating to this Agreement, the affected party
shall notify the other party, and the parties shall attempt in good faith to resolve the
matter within 10 days after the date of such notice. Any disputes not resolved by good
faith shall be referred to the jurisdiction of New York Courts. - Severability
No waiver of any provision of this Agreement shall be deemed, or shall constitute a
waiver of any other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in writing by the party
making the waiver. - Entire Agreement
This Agreement represents the entire agreement between the parties and the provisions
of this Agreement shall supersede all prior oral and written commitments, contracts and
understanding with respect to the subject matter of this Agreement. This Agreement
may be amended only by mutual written agreement of the party. - Governing Law and Principles of Construction
This Agreement shall be governed and construed in accordance with New York State
law. If any provision in this Agreement is declared illegal or unenforceable, the provision
will become void, leaving the remainder of this Agreement in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives, effective as of the day and year first
written above.
COMPANY REPRESENTATIVE CONTRACTOR
Name: _________ Name: _______
Signature: ________
Signature____________________
Date: ___________ Date: __________
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