This Subcontractor Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ___ day of __ 2021 (the “Effective Date”), between Loa Pele owner of BearDozers LLC, Contact Info: _________________________, (herein referred to as the “Contractor”) and _______________, Contact Info: _____________________, (hereinafter referred to as the “Subcontractor”).
WHEREAS, Subcontract as covered under this Agreement shall include but not limited to general contractors, electricians, handymen, landscapers, plumbers, construction crews, and service maids.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period ______ [Days/Weeks/Months/Years] commencing on the Effective Date herein.
- The Subcontractor shall be offering the Company the following services;
Location: ________________________ Dates: _______________________________
Time– From: ________________________ To: _______________________________
- The Subcontractor acknowledges and understands that they shall, at its own expense, obtain any and all applicable licenses and permits, and to pay such taxes and fees as may be required of them by local, State and Federal governments in the execution of the terms and conditions of this Agreement. The Subcontractor shall also comply with all and any local, State and Federal laws, rules and regulations applicable to the services performed under this Agreement.
The Company shall pay the Subcontractor _____________ for the services covered under this Agreement.
- THE RELATIONSHIP BETWEEN THE PARTIES.
- The Subcontractor shall be retained as an independent contractor. The Subcontractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Subcontractor’s behalf during the term of this Agreement.
- The Subcontractor and/or the Subcontractor’s employees understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
- The Subcontractor acknowledges and understands the risks involved with their line of work. The Company shall not, during the term of this Agreement, be held liable for any injuries sustained, and/or any losses and damages suffered by the Subcontractor and/or the Subcontractor’s employees while carrying out their obligations under this Agreement, as long as the injuries, loss or damages are not in any way due to the Company’s negligence. The Subcontractor agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
- The Company shall not be held liable for any under and/or non-paid insurance under this Agreement. The Company shall only be liable for payment of its insurance. The Subcontractor shall be liable for consequences of non-paid insurance that it their responsibility.
- The Subcontractor shall not assign and/or subcontract its rights or obligations under this Agreement without prior Notice or consent of the Company. In the event that the Subcontractor assigns and/or subcontractors their obligations, they shall be responsible for payment of such services.
- The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- FORCE MAJEURE.
The failure on the part of the Subcontractor to perform their obligation under this contract will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Subcontractor shall inform the Company of such inconveniences promptly.
- The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company shall ensure to pay the Subcontractor for all work done before the termination/cancellation is made effective.
- The Company may at any time and without prior written notice terminate/cancel this Agreement under any of the following circumstances;
- Failure to meet the deadlines set for each project.
- Misuse of the Company’s resources and assets.
- Arriving late without prior written notice and consent by the Company.
- Being drunk and/or disorderly while at the site.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation process.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of _____________ [State/Country]. Exclusive jurisdiction and venue shall be in ___________ [State/Country].
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ _________________________ ___________
(SIGNATURE) (NAME) (DATE)
SUBCONTRACTOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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