INDEPENDENT CONTRACTOR AGREEMENT

by | Apr 1, 2022 | Agreements

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 services that may include but not limited to nails, hair, massages, yoga instruction, make up application, ear piercing and esthetics. The Contractor will be required to wear black ManiPlease logo T-shirts. 

  • Compensation

Subject to providing the services as outlined above, the Contractor will be entitled to: 

  1. 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:

  1. 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; 
  2. An encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party.
  3. That other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
  4. 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
  5. Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
  6. The other party ceases, or threatens to cease, to carry on business.
  7. 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

Non-compete: During the term of this Agreement and for a period of 1 year (s) after termination shall not, directly or indirectly, engage in any similar business practice of the Company while being in contact with the Company’s current or former clients. Nor shall the Recipient solicit any client of the Company for the benefit of self or a third party that is engaged in a similar business to that of the Company,

Injunction. The Parties agree that it would be difficult to measure the damage to the Company from any breach of the above section and that solely monetary damages would be inadequate. Accordingly, the Contractor agrees that if he/she should breach the above section, the Company shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain such breach, without showing or proving actual damages sustained by the Company.

No Release. The Parties agree that in the termination of this Agreement, it shall not be releasing the Contractor from any obligation under this Section.

Products. The Parties agree that all products used will be 10% cruelty free, vegan and to the acceptable standard of the Company. 

  • 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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