Independent Contractors Agreement
This Independent Contractors Agreement (the "agreement") dated this _______day of _______20___
Harold Mirabito ("A Bartender 4 U")
585 Yocumtown Rd, Etters, PA. 17319
A. The Client is of the opinion that the contractor has the necessary qualifications Experience And Abilities to provide the services to the Client.In Consideration Of The Matters set out in this Agreement.
Services To Be Provided
1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of: Bartender/s and or Waitstaff
2. The Services also may include any other tasks which the parties agree on. The Contractor hereby agrees to provide such services to the Client: ______________________________________________________
Term of Agreement
3. The term of this Agreement (the "Term") will begin on the date of this agreement and will remain in affect until the completion of the Services, subject to earlier termination as provided in this agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
4. In the event that either Party breaches a material provision under this Agreement, the non-faulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-faulting Party against all reasonable damages.
5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
6. Except as otherwise provided in this agreement, all monetary amounts referred to in this Agreement are in US Dollars.
7. For the Services rendered by the Contractor as required by this Agreement, Client willprovide compensation (the "Compensation") to the contractor for the flat fee of $______.___less deposit paid. _____.___ The total due well be $_____.___ payable before the end of event.In order to reserve the date of your Event, Deposit must be mailed back with the pre-addressed envelope sent with this Contract. The Deposit will be 25% of the flat rate listed above. The Deposit is non-refundable under any circumstance.
8. The Balance will be Payed before the end of event..
9. The Compensation as stated in this Agreement includes any sales tax or duties as may be required by law.
10. The Client agrees to supply all Alcohol and anything else that the Contractor needs to perform the service listed in this contract, unless otherwise stated in this Contract.
11. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
12. The Contractor agrees that it will not disclose, divulge, reveal report or use for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client. This obligation will survive the expiration or termination of this Agreement and will continue indefinitely
13. All written and oral information and material disclosed or provided by the Client to the Contractor under this agreement is Confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
14. Other then the express written consent of the Client, which will not be unreasonably withheld, The Contractor will not be directly or indirectly involved with a business which is in direct competition with the particular business line of the Client, divert or attempt to divert from the Client any business the Client has enjoyed, solicited or attempted to solicit , from other individuals or corporations, prior to the expiration or termination of this Agreement. This obligation will survive the expiration or termination of this Agreement and will continue for five (5) years from the date of such expiration or termination.
Non - Solicitation
15. The Contractor understands and agrees that any attempt on the part of the Contractor to induce other employees or contractors to leave the Clients employ, or any effect by the Contractor to interfere with the relationship with its employees or other service providers would be harmful and damaging to the Client.
16. During the term of this Agreement and for a period of five (5) years after the expiration or termination of this Agreement, the Contractor will not in any way directly or indirectly.
a. Induce or attempt to Induce any employee or other service provider of the client to quit employment or retainer with the Client;
b. otherwise interfere with or disrupt the clients relationship with its employees or other service providers;
c. discuss employment opportunities or provide information about competitive employment to any of the Clients employees or other service provider ; or
d. solicit, entice, or hire away any employee or other service provider of the Client.
Return Of Property
17. Upon the expiration or termination of this agreement, the Contractor will return to the Client any property, documentation, records or Confidential information which is the property of the Client.
Capacity / Independent Contractor
18. In providing the Services under this agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
19. All notices, requests, and demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
Name: Harold Mirabito / A Bartender 4 U Address: 585 Yocumtown Rd City: Etters State: PA. Zip: 17319 Phone: (717) 309-4189
Or to such address as any Party may from time to time notify the other.
20. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law. Each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever. which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.
21. The Contractor will be required to maintain general liability coverage, for bodily injury and property damage at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with the characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement. It is agreed that the Contractors coverage for 1 million dollars through Thumbtack.com is reasonable.
22. The date and time of the Event that the Contractors Agreement with the Client is the _______day of _____________20____ Starting at: ____________AM / PM and ending at: _____________AM / PM. Set-up time before and clean-up after will be provided by the Contractor at no additional charge. Client agrees to pay $25.00 per hour to each person for any additional time the Client may request.
23. In the event that legal action is brought to enforce or interpret this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or awards, all reasonable legal costs and fees associated with the action.
Modification of Agreement
24. Any amendment or modification of this Agreement or additional obligation assumed by either Party must be agreed upon by the Contractor and the Client.
25. Time is of the essence in this Agreement. No extension or variation of this Agreement will coperate as a waiver of this provision.
26. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
27. It is agreed that there is no representation, warranty, collateral agreement or condition affectingthis Agreement except as expressly provided in this Agreement.
28. This Agreement will enure to the benefit of and be binding on the Parties and their respectiveheirs, executors, administrators, successors, and permitted assigns.
Titles / Headings
29. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
30. Words in the singular mean and include the plural and vise versa. Words in the masculine meanand include feminine and vise versa.
31. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Pennsylvania, without regard to the jurisdiction in which any action or special proceeding may be instituted.
32. In the event that any of the provisions of this Agreement are held to be invalid orunenforceable in whole or in part, all other provisions will neverless continue to be validand enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
33. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. The Parties have duly affixed their signatures under hand on this _______day of _____________20
Client: Sign: ______________________________________
Print Name: ______________________________________
Contractor Print: Harold Mirabito (A Bartender 4 U)