SERVICE AGREEMENT

BETWEEN 

ONE AUM LLC dba BEAUTYHOOD (“THE COMPANY”)

AND

AMINA SHANNON (“THE CONTRACTOR”)

__________________________________________________________________________________

THIS AGREEMENT is made on the ……25TH day 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.

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:

Commencement and duration: This agreement shall be valid from ____________until____________.

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: 

  • 45% of the work done by the Contractor due on a biweekly schedule. 
  • 15% of the retail products sold by the Contractor due on a biweekly schedule.

Disclaimers: 

  • The Contract sum shall only be payable if the Contractor continues to be employed by the Company.
  • The Contractor shall provide their own Liability insurance and add One Aum Llc  as adiitional insured and a copy of this as additionally insured.
  • The Contractor shall provide a list of their existing clientele to be amended to this contractor. 

Indemnification: The Contractor shall hold harmless and indemnify the Company and any Party who may claim through them Company for 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.

Autonomy

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.

Non-solicitation

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.  The Contractor shall supply a list of their existing clientele.

Non-compete

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 in which the Company is conducting such business.

Intellectual property 

All intellectual property belonging to the Company shall be the Company’s exclusive property. At the Company’s discretion, the Contractor may enjoy a non-exclusive, limited use license to the intellectual property.

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.

Force Majeure

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.

Termination: 

  • 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.
  • This agreement shall automatically terminate upon the end of the contract term.
  • 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.

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.

General provisions

  • 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.
  • Unless otherwise provided, failure by either Party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
  • This agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall together 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 to 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 Potomac, Maryland Montgomery County.
  • The Parties shall be served through the following addresses (including email), and either Party may change the below addressees by reasonable notice in writing given to the other Party.

Company: 10008 Falls Road, Potomac, Maryland 20854

Contractor: ___________________________________________________________________________

IN WITNESS WHEREOF, each of the Parties has executed this agreement, as set forth below.

Signed by the duly authorized representative of the COMPANY
Signature:
Name:
Designation:
Date:……………………………………………………
Signed by the CONTRACTOR

Signature:
Name:
Date:………………………………………………….
 
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