THIS AGREEMENT is made on the ……25THday of October 2021, by the Company and the Contractor (collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
Commencement and duration: This agreement shall be valid from ____________until[MK1] ____________.
Services: The services provided by the Contractor to the Company are as an Esthetician. The services are provided at a contract sum (term defined below). The services will also include any other tasks related to the services and those agreed on by the Parties.
Contract sum: For the services rendered, the Company shall compensate the Contractor as follows:
Indemnification: The Contractor shall hold harmless and indemnify the Company and any Party who may claim through the Company for[MK4] any loss or liability resulting from the performance of their services under this agreement.
Exclusivity: The Contractor shall offer their services exclusively to the Company by virtue of this agreement i.e. the Contractor shall not work for another entity offering the same or similar services to those of the Company in the duration of this agreement.
Except as otherwise provided in this agreement;
The Contractor will have full control over working time, methods, and decision-making in relation to the provision of the services per the agreement. The Contractor will work autonomously and not at the direction of the Company. However, the Contractor will be responsive to the reasonable needs and concerns of the Company.
For the duration of this agreement, any subsequent agreement executed for the same or similar purpose, and after the termination of this agreement, the Contractor shall not interfere with the Company’s relationship with, or endeavor to entice away from the Company, the Company’s Clients or any person who had a material business relationship with the Company in the duration of this agreement.[MK5]
For the duration of this agreement, any subsequent agreement executed for the same or similar purpose, and (2) years after the termination of this agreement, the Contractor shall not directly or indirectly engage in the businesses in which the Company engages in or in which the Company has an actual intention to engage in, within a 5 mile radius from where the Company is conducting such business.
This shall include but not be limited to the Company’s website or branding.
Contractor agrees that any intellectual property and associated rights owned, discovered, or developed by them, solely or jointly with others, in connection with their services performed under this agreement, shall constitute works for hire and shall automatically, upon their creation or discovery, become the exclusive property of the Company.
Independent contractor: The relationship of the parties hereto is that of an independent contractor. Accordingly, the Parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby. The Company is not required to pay or make any contributions to any social security, local, state, or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension, or any other employee benefit for the Contractor during the term. The Contractor is responsible for paying and complying with reporting requirements for all local, state, and federal taxes related to payments made to the Contractor under this agreement. The Contractor hereby agrees that it will not represent to any third party that its engagement by the Company is in any capacity other than as an independent contractor.
Non-assignment: The Contractor shall not transfer or assign this agreement without the Company’s consent. The Company may transfer or assign this agreement or subcontract its obligations without the Contractor’s consent.
Confidentiality: The Contractor shall not at any time disclose, directly or indirectly to any other person any information concerning this agreement or any information concerning the Company, whether such information or matter is stated to be confidential or not, except as required by law, without the express written permission of the Company.
The Contractor shall not use for personal use or allow others to use the Company’s information to the detriment of the Company. The Contractor shall only use the Company’s information to execute their duties under this agreement.
Confidential information shall include but not be limited to the Company’s client information.
Further Assurances: Each Party hereto agrees to perform any further acts and to execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this agreement.
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.
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.
Either Party may terminate this agreement upon giving the other Party no less than ____14____days’ notice in writing. If a Party wishes to terminate the contract with less than these stated days, the other Party reserves the right to charge costs that they have already paid in advance or incurred.
The Company may terminate this agreement due to but not limited to the following factors; taking Company’s clients home, working for other businesses or creating individual businesses that compete with the Company’s business
Return of the property: Upon the expiration or termination of this agreement, the Contractor shall return any of the Company’s property to the Company, including but not limited to; documentation, records, or confidential information. All property should be returned in the same condition it was in at issuance failure to which damages shall become payable. Reasonable wear and tear will be allowed.
Dispute resolution: Parties agree to settle disputes under this agreement through Mediation.
Court Costs and Attorneys’ Fees. In any action under this agreement, the prevailing Party shall be entitled to recover costs of court and reasonable attorneys’ fees from the other Party, which fees shall be in addition to any other relief that may be awarded.
Contractor acknowledgments: The Contractor acknowledges that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. The Contractor acknowledges that the restrictions imposed are fair, reasonable, and necessary to protect the Company’s legitimate business interests and will not place an undue burden upon their livelihood in the event of enforcement of the restrictions. Moreover, the Contractor acknowledges that they have the capacity to contract, and they have entered into this agreement freely and voluntarily.
[MK2]This statement is unclear. Do you mean that the Company should receive a copy of the insurance?.
[MK3]This statement is also unclear. Do you mean to state that it will be amended to the Contract and not Contractor?.
Moreover, it is prudent to state what will happen to the Contractor’s existing clientele, will they become the Company’s clients after signing the agreement or not?.
[MK4]This amended is just for clarity to avoid confusion on who is being referred to.
[MK5]This is a repetition as it has already been covered under the Disclaimer Section above.
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