This Independent Injector Agreement (this “Agreement”) is made effective as of January 01, 2021, by and between Nush Skincare Upper East Side NYC 500 E 77th St 10162 (the “Company”), of _________________, _________________, __________________________________, and _________________________________ (the “Injector”), of _________________, _________________, and __________________________________. In this Agreement, the party who is contracting to receive the services shall be referred to as “Company”, and the party who will be providing the services shall be referred to as “Injector.”
- DESCRIPTION OF SERVICES. The Injector will provide the following services (collectively, the “Services”): ___________________________ by products provided by Nush Skincare.
- PAYMENT FOR SERVICES. The Company will reimburse the Injector $ 65 per hour.
- WORKING HOURS. The Injector will work once a week. For _______ hours.
- TERM/TERMINATION. The agreement shall commence on _________________ and continue effectively for ___________ months. However, the parties may mutually agree that the Injector shall perform other services for the Company, pursuant to the terms of this Agreement.
- RELATIONSHIP OF PARTIES. It is understood by the parties that the Injector is an independent Injector with respect to the Company, and not an employee or partner of the Company. The Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Injector.
It is contemplated that the relationship between the Injector and the Company shall be a non-exclusive one. The Injector also performs services for other organizations and/or individuals. The Company has no right to further inquire into the Injector’s other activities.
- COMPANY’S CONTROL. The Company has no right or power to control or otherwise interfere with the Injector’s mode of effecting performance under this Agreement. The Company’s only concern is the result of the Injector’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Injector shall perform the Services without direct supervision by the Company.
- PROFESSIONAL CAPACITY. The Injector is a professional who uses her own professional and business methods to perform services. The Injector has not and will not receive training from the Company regarding how to perform the Services.
- EXPENSES PAID BY INJECTOR. The Injector’s business and travel expenses are to be paid by the Injector and not by the Company.
- CONFIDENTIALITY. Injector may have had access to proprietary, private and/or otherwise confidential information (“Confidential Information”) of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Injector will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Injector, or divulge, disclose, or communicate in any manner any Confidential Information. The Injector will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Injector will return to the Company all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Injector during the term of this Agreement.
- INDEMNIFICATION. The Injector agrees to indemnify and hold harmless the Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Injector, the Injector’s employees, if any, and the Injector’s agents.
- NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because (1) the Company has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Company has or retains the right to stop work done improperly. The Injector has no right to act as an agent for the Company and has an obligation to notify any involved parties that it is not an agent of the Company.
- ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
- WAIVER OF BREACH. The waiver by the Company of a breach of any provision of this Agreement by Injector shall not operate or be construed as a waiver of any subsequent breach by Injector.
- SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- APPLICABLE LAW. This Agreement shall be governed by the laws of the State of __________________________
IN WITNESS WHEREOF, the Parties agree to be bound as follows:
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