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:
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.
The Contractor will provide the following services:
The Contractor will provide website maintenance, social media marketing and the development of marketing materials (all-encompassing) as outlined in the proposal.
For additional charges, the Contractor may provide the following services: website development, website redesign and photography services.
Subject to providing the services as outlined above, the Contractor will be paid the sum of $ 95 per hour with a minimum commitment of 2 hours per month.
A discount of $ 10 off per hour will be applied for each referral that signs up. (A maximum of three referrals for the duration of the referral contract commitment.)
The Contractor will provide the Contractor services to the Company as an independent contractor and not as an employee:
- 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 free to provide services to other clients, so long as such other clients are not in competition with the Company and so long as there is no interference with the Contractor’s contractual obligations to the Company.
- 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 and Intellectual Property
The Contractor hereby represents and warrants to the Company that it is not party to any written or oral agreement with any third party that would restrict its ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform the Contractor’s obligations, hereunder and the Contractor will not, by providing services to the Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.
The Independent Contractor relationship contemplated by this Agreement is to conclude on _______________________. Either party may terminate this Agreement by serving the other party a 14 day-notice.
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 California courts.
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.
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 California 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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