Independent contractor contract


INDEPENDENT CONTRACTOR AGREEMENT

THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) dated (the “Effective Date”) is made between D'Licious Nails, LLC (the “Company”) located at 12770 Edgemere Blvd unit c building 4, El Paso, TX 79938 and   (the “Independent Contractor”), located at for the purpose of setting forth the exclusive terms and conditions by which Company desires to acquire the Independent Contractor’s services.

In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:

Services. Company retains the above Independent Contractor, and the Independent Contractor agrees to perform for Company, certain services set forth in Exhibit A to this Agreement (the “Services”).

Consideration / Compensation.

(a) In exchange for the full, prompt, and satisfactory performance of all Services to be rendered to Company (as determined by the Company), Company shall provide the Independent Contractor compensated as follows:

% Commission on any nail services and pedicure services rendered for any amount less than $2000 on a biweekly basis and 52% for any amount above $2000 during that same period and also 18% commission excluding taxes and processing for any items sold and 100% of any tips earned. 

(b) The Independent Contractor is not entitled to receive any other compensation or any benefits from Company. Except as otherwise required by law, Company shall not withhold any sums or payments made to the Independent Contractor for social security or other federal, state, or local tax liabilities or contributions, and all withholdings, liabilities, and contributions shall be solely the Independent Contractor’s responsibility. The Independent Contractor further understands and agrees that the Services are not covered under the unemployment compensation laws and are not intended to be covered by workers’ compensation laws.

Indemnification / Release. 

The Independent Contractor agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement and shall indemnify, defend and hold harmless Company, its officers, directors, shareholders, employees, representatives, and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of the Independent Contractor or any Independent Contractor Employee in the performance or failure to fulfill any Services or obligations under this Agreement.

Insurance and Other Requirements.

(a) The Independent Contractor warrants that it will obtain and keep in full force and effect at all times hereunder workers’ compensation, general liability, and errors and omissions or professional liability insurance covering all of its Services. Company shall be listed as an additional named insured and/or as an additional loss-payee under such policies. 

(b) The Independent Contractor shall provide to the Company copies of all policies required to be maintained, and a Certificate of Insurance indicating said coverage shall be provided to Company upon request. 

(c) The Independent Contractor also warrants and represents that it has properly classified all of its workers, has and will maintain all required licenses and certifications.

Termination. This Agreement shall be effective on the date hereof and shall continue until terminated by either party upon 14 business days written notice. 

Property Rights.  The company retains all of its intellectual property rights in and to its Confidential Information.  Immediately upon a written request by Company at any time, Independent Contractor will turn over to Company all Confidential Information of Company and all documents or media containing any Confidential Information of Company and any and all copies or extracts thereof.

At any time during or after the term of this Agreement, at the Company’s written request, the Independent Contractor shall promptly return to the Company all copies, whether in written, electronic, or other form or media, of the Company’s Confidential Information, or destroy all such copies and certify in writing to the Company that such Confidential Information has been destroyed. In addition, the Independent Contractor shall also destroy all copies of any Notes created by the Independent Contractor or its Representatives and certify in writing to the Company that such copies have been destroyed.

Independent Contractor.

(a) Company and Independent Contractor expressly agree and understand that the above-listed Independent Contractor is a contractor hired by the Company and nothing in this Agreement shall be construed in any way or manner, to create between them a relationship of employer and employee, principal and agent, partners or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of the Agreement. Accordingly, the Independent Contractor acknowledges that neither the Independent Contractor and Independent Contractor’s Employees are not eligible for any Company benefits, including, but not limited to, health insurance, retirement plans, or stock option plans. The Independent Contractor is not the agent of the Company and is not authorized and shall not have the power or authority to bind the Company or incur any liability or obligation or act on behalf of Company. At no time shall the Independent Contractor represent that it is an agent of the Company, or that any of the views, advice, statements, and/or information that may be provided while performing the Services are those of the Company.

(b) The Independent Contractor is solely responsible for directing and controlling the performance of the Services, including the time, place, and manner in which the Services are performed. The Independent Contractor shall use its best efforts, energy, and skill in its own name and in such manner as it sees fit.

General.

(a) This Agreement does not create an obligation on Company to continue to retain the Independent Contractor beyond this Agreement’s termination. This Agreement may not be changed unless mutually agreed upon in writing by both parties. 

(b) The Independent Contractor hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.   

(c) This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this Agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party.

(d) All notices provided for in this Agreement shall be given in writing and shall be effective when either served by hand delivery, electronic facsimile transmission, express overnight courier service, or by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses as set forth at the beginning of this Agreement, or to such other address or addresses as either party may later specify by written notice to the other.

No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors, and permitted assigns. This Agreement may not be assigned by either party without the prior written consent of the other party.

Governing Law.  This Agreement shall be governed in all respects by the laws of the State of Texas without regard to the conflict of law provisions of such state. This Agreement shall be binding upon the successors and assigns of the respective parties.

Legal Fees. Should a dispute between the named Parties arise to lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement is delivered by facsimile. email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Electronic Signatures. This Agreement and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.

Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Captions for Convenience. All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.

No Waiver. No waiver of or failure to act upon any of the provisions of this Agreement or any right or remedy arising under this Agreement shall be deemed or shall constitute a waiver of any other provisions, rights, or remedies (whether similar or dissimilar).

Amendment. This Agreement may be amended only by writing signed by all of the Parties hereto.

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties regarding the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.

[Signatures on Following Page]

IN WITNESS WHEREOF, the undersigned have executed this Independent Contractor Agreement effective as of the (the “Effective Date”). 

 

 

 

 

Independent Contractor

 
   
   

Printed Name

 
   
   

Signature

 
   
   
   

Address

 
   
   

Date Signed

 
   
   
   

Company

 
   
   
   
   

By:

 
   

Title:

 
   

EXHIBIT A

SERVICES

Independent Contractor agrees to provide the following services: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Independent Contractor shall be entitled to be reimbursed to the following expenses:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Independent Contractor shall submit an itemized statement to the Client. After Client’s review and approval, Client shall remit expense payment within thirty (30) days after receipt/approval.

Other:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Document name: Independent contractor contract
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October 28, 2021 10:43 pm MSTIndependent contractor contract Uploaded by David Negrete - david@dliciousnails.com IP 104.10.224.164