THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter, “Effective Date”) entered into by the Company and the Contractor (Company and Contractor collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:
This Agreement shall be valid from the Effective Date until termination.
The Services provided by the Contractor to the Company are that of a massage therapist. The Contractor shall use reasonable good faith efforts in providing the Services and provide the Services per accepted industry standards.
The Company agrees to pay the Contractor as follows: (Select one)
☐ – Hourly Rate: In the amount of $____ / per hour, $____ / per 30-minute session, and $____ / per 15-minute session (“Payment”).
☐ – Percentage Rate: ____% of fees collected by the Contractor for services rendered (“Payment”).
☐ – Pay rent to the Company in the amount of $________. The rent being paid shall be for the space located at _________________, City of _________________, State of _________________.
☐ – Not pay rent to the Company.
The Contractor shall work for 8 hours a day and 40 hours a week. The Contractor will be compensated for all hours worked over the 8 hours per day, and 40 hours per week, at a rate of not less than 1½ times the basic rate of pay.
Equipment, including, but not limited to, chairs, tables, oils, creams, candles, music, and any other items used to assist the Contractor in the performance of their Services shall be the responsibility of the: (Select one)
☐ – Company ☐ – Contractor
The Contractor shall be: (Select one)
☐ – Required to Wear a Uniform: The Contractor will be required to wear the following attire when performing their Services; _____________________________________________________________
☐ – NOT Required to Wear a Uniform while performing their Services.
The Contractor recognizes that they are responsible for all local and State licenses related to their Services.
The Contractor is solely responsible for any claims arising from their activities while performing their Services under this Agreement. The Company, its representatives, directors, officers, partners, owners, employees, and agents are not liable for damages due to any act or omission on the Contractor’s part.
The relationship of the parties hereto is that of an independent contractor. The Contractor agrees that they are responsible for making their hours within the Company’s hours of operation and paying their own Federal and State taxes at the end of each filing year. Furthermore, the Contractor agrees to take care of their health insurance, medical expenses, life insurance, retirement plans, and any other obligations that would be the employer’s responsibility under the industry standards. The Contractor hereby recognizes that they are not an employee or agent of the Company. The Contractor shall be identified as an independent contractor under the Internal Revenue Service (IRS).
Suppose for any reason this Agreement should be terminated. In that case, the Contractor agrees that they are prohibited from directly or indirectly engaging in any business or activity that competes with the Company’s business. This Non-Compete shall be in effect for two (2) years or the maximum length of time permitted under State law, whichever is longer, from the termination date. This Non-Compete shall be in effect for any business or activity that is within _________________miles of the Company’s location(s).
The Contractor agrees to never solicit, while this Agreement is in effect or at any other time following its termination, clients, their referrals or contacts; or allow themselves to be put in an opportunistic situation in which the Company could lose clients or their potential business; or even their referrals. The Contractor hereby acknowledges this policy applies not just for themselves but for anyone whom the Contractor may associate with, directly or indirectly within the Company.
The Contractor agrees to never involve themselves during the performance of their Services in lustful play, sexual activity, for the Contractor is aware of the consequences which, includes, but is not limited to, immediate termination, legal prosecution, and industrial license revocation. In addition, the Contractor shall be held without any severance pay, commissions due, or any further obligation on the Company’s part to the Contractor. The Contractor’s conduct is, and always will be, that of a professional licensed massage therapist. There will never be any flaw in the character of the Contractor contradicting or jeopardizing the integrity of the Company.
The Contractor certifies to have never been accused of, arrested, or charged for sexual violations or criminal complaints. The Contractor further certifies that they are not subject to any pending claims or suits.
The Company may or may not provide the Contractor work from prior clients.
The Contractor shall not transfer or assign this Agreement without the Company’s consent. However, the Company may transfer or assign this Agreement or subcontract its obligations hereunder at any time without the Contractor’s consent.
RETURN OF THE PROPERTY
Upon the expiration or termination of this Agreement or demand by the Company, the Contractor shall return any of the Company’s property to the Company. All property should be returned in the same condition at issuance failure to which damages shall become payable. Reasonable wear and tear will be allowed. The Contractor shall reimburse Company for any Company property lost or damaged in an amount equal to the market price of such property.
Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation.
Either Party may terminate this Agreement, at any time upon giving the other Party no less than ________notice in writing. If a Party wishes to terminate the Contract with less than this stated period, the other Party reserves the right to charge costs that they have already paid in advance or incurred.
The termination of this Agreement shall not discharge the liabilities accumulated by either Party.
Any Clauses intended by the Parties or this Agreement to survive the termination of this Agreement shall survive the termination of this Agreement by whatever cause.
All non-public, confidential or proprietary information of the Company, disclosed by the Company to the Contractor, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by the Company in writing. Upon the Company’s request, the Contractor shall promptly return all documents and other confidential materials received from the Company. The Company shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to the Contractor at the time of disclosure; or (c) rightfully obtained by the Contractor on a non-confidential basis from a third party. In addition, this Agreement is confidential and cannot be divulged to third parties, unless as provided by law, without the written consent of the Company.
For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies. Except as otherwise provided, a Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this Agreement.
This Agreement may be amended only by the written consent of the Parties hereto. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. The parties will exercise utmost good faith in this Agreement. Except where otherwise provided, failure by the Company to enforce any of these terms or conditions shall not be a waiver of their right to enforce them. No waiver by the Company of any breach of, or of compliance with, any condition or provision of this Agreement by the Contractor shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which constitute the same instrument. The Article and Section headings in this Agreement are for convenience, and they form in no part of this Agreement and shall not affect its interpretation. Whenever used herein, the singular number shall include the plural, and the plural number shall include the singular. Any references herein to the masculine gender or the masculine form of any noun, adjective, or possessive shall be construed to include the feminine or neuter gender and form, and vice versa. This Agreement shall be governed in all respects by the laws of __________________________ and its Courts without regard to its conflict of law provisions.
Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given at the time when actually received as a consequence of any effective method of delivery at the following addresses (including email) or such changed address as the Party shall have specified by written notice, provided that any notice of change of address shall be effective only upon actual receipt.
The Contractor acknowledges that they have been provided with the opportunity to negotiate this Agreement and to seek legal counsel before signing this Agreement. In addition, the Contractor acknowledges that they have entered into this Agreement with the capacity and authority to contract freely and voluntarily.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.
Signed by the CONTRACTORSignature : ………………………………………………Name: ……………………………………………………Date:…………………………………………….……
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