(“The Independent Contractor”)
THIS SERVICE AGREEMENT is made on the ……..…… day of…………..…………20……..…and is entered into by and between _________________, (hereinafter referred to as the Client) and Biz Bzar LLC (hereinafter referred to as the Independent Contractor). (The Client and Independent Contractor are collectively referred to herein as the “Parties” or individually as the “Party”).
- The [___________] (the “Client”).
- The [Biz Bzar LLC] (the “Independent Contractor”):
Identity / Social Security or Other (Specify) number:
- The Independent Contractor shall be managing a tattoo shop business in _________ (Location)
- The Independent Contractor assists in the day-to-day running of the client’s shop.
THEREFORE, in consideration of mutual promises, representations, covenants, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following terms and conditions and to be bound thereby:
- Term of the Agreement.
This Agreement shall be in force and binding upon the parties from the effective date __________________ for a duration of _____ years unless otherwise terminated inaccordance with clause 5.
- Duties and Responsibilities.
Responsibilities of the Client’s Shop Manager;
- The Manager shall manage supplies and schedule appointments.
- The Manager shall support the sales of additional products or services.
- The Manager shall be required to do routine visits to other local stores to get supplies.
- Give Tattoos if necessary.
- Use business software
- Resolve problems and disputes that may arise.
- Media development and management.
- The Manager shall have decision-making powers on matters of staff and budgets.
- Media Editing and Development
- Youtube Editing and Development.
The Client agrees to pay the Independent Contractor, a percentage of the income from the shop’s overall weekly income in accordance with the following schedule:
Upon execution of the Agreement: $_______________________
Upon completion of ___ % of the Services: $_______________________
Upon completion of all Services: $_______________________
Prepaid Services: $ ____________________________
TOTAL AMOUNT DUE: $_______________________
- The Base Salary and Earning Incentives Compensation will include the following;
- Moving Incentive: $5,000
- Booking Earning Incentives – 10%
- Merchandise – 10%
- Youtube Monetization Return – 20%
- Records and Reports.
The Independent Contractor shall keep at all times up to date and proper books of account and records relating to the services provided herein.
The books of account and all records shall be accessible for inspection by the Client at any regular business working hours.
- Termination of Agreement
The Independent Contractor can terminate this Agreement immediately by giving written notice or electronic notification.
- If the Client commits any material breach of this Agreement and fails to correct the breach within ten (10) days of notice of the breach; or
- If there is any repeated failure by the Client to provide the Services of an acceptable standard and to the reasonable satisfaction of the Agent.
The Client can terminate this Agreement by giving written notice:
- If the Independent Contractor fails to make the payments required within two (2) days of notice of failure to make a payment; or
- If the Independent Contractor commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.
- Limitation of Liability.
Under no circumstances will either Party be liable for any indirect, special, consequential, or punitive damages, including lost profits arising out of or relating to this Agreement or the transactions it contemplates (including breach of Agreement, tort, negligence, or other forms of action) if said damage is the direct result of one of the Party’s negligence or breach.
The Independent Contractor shall treat all and not be limited to information or data from the Client with any third parties without the prior written consent of the Client failure of which the Independent Contractor shall indemnify the Client for all the losses, costs, and expenses that may arise from such failure.
- Dispute Resolution.
If any dispute arises between the Parties related to this Agreement, it shall be resolved by mediation between and among the parties. Parties shall act in good faith to resolve the dispute.
In the event that a dispute cannot be resolved through good faith mediation, the Parties agree to submit to either binding mediation, arbitration, or litigation.
In the event of mediation, the prevailing party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
- Variations to the Agreement.
Either Party may request variations to the Agreement. The Parties shall enter into discussions to agree on any required changes, revised pricing, and time for performance. Such variations will only be effective if agreed in writing by the Parties.
- No Waiver.
Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
If any provision of this Agreement is declared by any judicial or other competent to be void, voidable, illegal, or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Agent, it may be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
- Applicable Law.
The Parties agree that the construction, validity, and performance of this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by the laws of the State of ______________
- Entire Agreement.
This Agreement constitutes the entire Agreement between the parties regarding the subject matter and supersedes any prior agreements, negotiations, or promises, whether written or oral.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.
|Signed by the duly authorized representative of the CLIENT;-|
Signature: __________________________Name: _____________________________Designation: ________________________Date: ______________________________
|Signed by the duly authorized representative of the INDEPENDENT CONTRACTOR;-Signature: __________________________Name: _____________________________Designation: ________________________Date: ______________________________|
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