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Independent Contractor Agreement

In: Business and Management

Submitted By bjcook79
Words 3511
Pages 15
INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (the “Agreement”) is entered into as of ___________________ (the “Effective Date”) by and between ____________________ (Independent Contractor), a INDIVIDUAL [individual/corporation/partnership/etc.] (the “Contractor”), and PORTERHOUSE FINE MEATS, a LLC [corporation/partnership/etc.] (the “Company,” and together with the Contractor, the “Parties”).

RECITALS

WHEREAS, the Company wishes to engage the Contractor as an independent contractor for the Company for the purpose of completing certain specified tasks on the terms and conditions set forth below; and

WHEREAS, the Contractor wishes to provide the Services (as defined below) in accordance with the terms of this Agreement; and

WHEREAS, each Party is duly authorized and capable of entering into this Agreement.

NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:

1. RESPONSIBILITIES.

a) Of the Contractor. The Contractor agrees to do each of the following:

A. Perform the Services set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Services”).

B. Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.

C. Perform the Services in a safe, good, and workmanlike manner by fully-trained, skilled, competent, and experienced personnel using at all times adequate equipment in good working order.

D. Communicate with the Company regarding progress the Contractor has made in performing the Services.

E. Supply all tools, equipment, and supplies required to perform the work under this Agreement, except to the extent that the Contractor’s work must be performed on or with the Company’s equipment.

F. Ensure that all materials and equipment furnished to its personnel is of good and merchantable quality, unless otherwise agreed by the Company.

G. Provide services (including the Services) and end products that are satisfactory and acceptable to the Company and free of defects.

H. Remove, replace, or correct all or any portion of the work or end products found defective or unsuitable, without additional cost or risk to the Company.

b) Of the Company. The Company agrees to do each of the following:

A. Engage the Contractor as an independent contractor to perform the Services set forth in Exhibit A to this Agreement.

B. Provide relevant information to assist the Contractor with the performance of the Services.

C. Satisfy all of the Contractor’s reasonable requests for assistance in its performance of the Services.

2. NATURE OF RELATIONSHIP.

a) Independent Contractor Status. The Contractor agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. The Contractor is and will remain an independent contractor in its relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

b) Indemnification of Company by Contractor. The Company has entered into this Agreement in reliance on information provided by the Contractor, including the Contractor’s express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If any regulatory body or court of competent jurisdiction finds that the Contractor is not an independent contractor and/or is not in compliance with applicable laws related to work as an independent contractor, based on the Contractor’s own actions, the Contractor shall assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Contractor and/or the Company resulting from such contrary interpretation, including but not limited to taxes, assessments, and penalties that would have been deducted from the Contractor’s earnings had the Contractor been on the Company’s payroll and employed as an employee of the Company.

3. CONFIDENTIAL INFORMATION.

The Contractor agrees, during the Term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, firm, or corporation without the prior written authorization of the Company, any Confidential Information of the Company. “Confidential Information” means any of the Company’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to the Contractor by the Company, either directly or indirectly. The Contractor may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with Company personnel or authorized representatives or for any other purpose the Company may hereafter authorize in writing.

4. REPRESENTATIONS AND WARRANTIES.

a) The Parties each represent and warrant as follows:

A. Each Party has full power, authority, and right to perform its obligations under the Agreement.

B. This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors’ rights generally and equitable remedies).

C. Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that Party is also a party.

b) The Contractor hereby represents and warrants as follows:

A. The Contractor has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

B. The Contractor has the right to perform the Services required by this Agreement at any place or location, and at such times as the Contractor shall determine.

C. The Services shall be performed in accordance with standards prevailing in the Company’s industry, and shall further be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and the Contractor shall obtain all permits or permissions required to comply with such standards, laws, rules, or regulations.

D. The Services required by this Agreement shall be performed by the Contractor or the Contractor’s staff, and the Company shall not be required to hire, supervise, or pay any assistants to help the Contractor perform such services.

E. The Contractor is responsible for paying all ordinary and necessary expenses of its staff.

F. The Contractor is responsible for providing insurance coverage for itself and its staff.

c) The Company hereby represents and warrants as follows:

A. The Company will make timely payments of amounts earned by the Contractor under this Agreement.

B. The Company shall notify the Contractor of any changes to its procedures affecting the Contractor’s obligations under this Agreement at least 30 days prior to implementing such changes.

C. The Company shall provide such other assistance to the Contractor as it deems reasonable and appropriate.

5. COMPENSATION.

a) Terms and Conditions. The Company shall pay the Contractor in accordance with the terms and conditions set forth in Exhibit A.

b) Timing of Payment. Payments shall be made to the Contractor within ZERO (0) days of the Company’s receipt of the Contractor’s invoice (supported by reasonable documentation) for all Services performed to the Company’s satisfaction in accordance with Exhibit A.

c) No Payments in Certain Circumstances. Notwithstanding the foregoing, no payment shall be payable to the Contractor under any of the following circumstances:

A. if prohibited under applicable government law, regulation, or policy;

B. if the Contractor did not directly perform or complete the Services described in Exhibit A;

C. if the Contractor did not perform the Services to the reasonable satisfaction of the Company; or

D. if the Services performed occurred after the expiration or termination of the Term of this Agreement, unless otherwise agreed in writing.

d) No Other Compensation. The compensation set out above shall be the Contractor’s sole compensation under this Agreement.

e) Expenses. Any expenses incurred by the Contractor in the performance of this Agreement shall be the Contractor’s sole responsibility.

f) Taxes. The Contractor is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Contractor under this Agreement and for all obligations, reports, and timely notifications relating to such taxes. The Company shall have no obligation to pay or withhold any sums for such taxes.

6. (Optional) REPORTING. The Contractor shall be required to report to RIK COOK (Member/Owner) or BRANDI COOK (Member/Owner), or such other officer or employee as may be designated by the Company. The Contractor shall provide a DAILY [weekly, semi-monthly, monthly, etc.] written summary report to the Company on its progress. Reports shall consist of CUSTOMER RECIEPTS FOR ALL SALES, CREDIT CARD VOUCHERS, EBT VOUCHERS, CHECKS AND/OR CASH.

7. WORK FOR HIRE.

The Contractor expressly acknowledges and agrees that any work prepared by the Contractor under this Agreement shall be considered “work for hire” and the exclusive property of the Company unless otherwise specified. To the extent such work may not be deemed a “work for hire” under applicable law, the Contractor hereby assigns to the Company all of its right, title, and interest in and to such work. The Contractor shall execute and deliver to the Company any instruments of transfer and take such other action that the Company may reasonably request, including, without limitation, executing and filing, at the Company’s expense, copyright applications, assignments, and other documents required for the protection of the Company’s rights to such materials.

8. NO CONFLICT OF INTEREST; OTHER ACTIVITIES.

The Contractor hereby warrants to the Company that, to the best of its knowledge, it is not currently obliged under an existing contract or other duty that conflicts with or is inconsistent with this Agreement. During the Term (as defined below), the Contractor is free to engage in other independent contracting activities; provided, however, the Contractor shall not accept work, enter into contracts, or accept obligations inconsistent or incompatible with the Contractor’s obligations or the scope of Services to be rendered for the Company pursuant to this Agreement.

9. TERM.

This Agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the provisions of Section 10 of this Agreement, will continue until the Services have been satisfactorily completed and the Contractor has been paid in full for such Services (the “Term”) [; provided, however, that in no event shall this Agreement remain effective for longer than FIVE (5) years].

10. TERMINATION.

This Agreement may be terminated:

a) By either Party on provision of FOURTEEN (14) days written notice to the other Party, with or without cause.

b) By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within FIVE (5) days of receipt of written notice thereof.

c) By the Company at any time and without prior notice, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Company, or is guilty of serious misconduct in connection with performance under this Agreement.

Following the termination of this Agreement for any reason, the Company shall promptly pay the Contractor according to the terms of Exhibit A for Services rendered before the effective date of the termination. The Contractor acknowledges and agrees that no other compensation, of any nature or type, shall be payable hereunder following the termination of this Agreement.

11. RETURN OF PROPERTY

Within ONE (1) days of the termination of this Agreement, whether by expiration or otherwise, the Contractor agrees to return to the Company all Company products, samples, models, or other property and all documents, retaining no copies or notes, relating to the Company’s business including, but not limited to, reports, abstracts, lists, correspondence, information, computer files, computer disks, and all other materials and all copies of such material obtained by the Contractor during and in connection with its representation of the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the Company’s business, whether prepared by the Contractor or otherwise coming into its possession, shall remain the Company’s exclusive property.

12. INDEMNIFICATION.

a) Of Company by Contractor. The Contractor shall indemnify and hold harmless the Company and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors, and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees and0020disbursements (collectively, the “Claims”) that any of them may suffer from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Contractor arising from or connected with Contractor’s carrying out of its duties under this Agreement, or (ii) the Contractor’s breach of any of its obligations, agreements, or duties under this Agreement.

b) Of Contractor by Company. The Company shall indemnify and hold harmless the Contractor from and against all Claims that it may suffer from or incur and that arise or result primarily from (i) the Company’s operation of its business, (ii) the Company’s breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party, or (iii) the Company’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Contractor.

13. USE OF TRADEMARKS.

The Contractor recognizes the Company’s right, title, and interest in and to all service marks, trademarks, and trade names used by the Company and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the Company’s right, title, and interest therein, nor shall the Contractor cause diminishment of value of said trademarks or trade names through any act or representation. The Contractor shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise. Effective as of the termination of this Agreement, whether by expiration or otherwise, the Contractor shall cease to use all of the Company’s trademarks, marks, and trade names.

14. MODIFICATION.

No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.

15. ASSIGNMENT.

The Company may assign this Agreement freely, in whole or in part. The Contractor may not, without the written consent of the Company, assign, subcontract, or delegate its obligations under this Agreement, except that the Contractor may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Company of written notice of such assignment or transfer.

16. SUCCESSORS AND ASSIGNS.

All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.

17. FORCE MAJEURE.

A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:

a) notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and

b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.

18. NO IMPLIED WAIVER.

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

19. NOTICE.

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:

If to the Company: PORTERHOUSE FINE MEATS, LLC 2075 JAMES RIVER CT. SUITE B NIXA, MO 65714

If to the Contractor: _____________________________ _____________________________ _____________________________

20. GOVERNING LAW.

This Agreement shall be governed by the laws, of the state of MISSOURI. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.

21. COUNTERPARTS/ELECTRONIC SIGNATURES.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.

22. SEVERABILITY.

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

23. ENTIRE AGREEMENT.

This Agreement, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.

24. HEADINGS.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

[SIGNATURE PAGE FOLLOWS]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

|COMPANY |PORTERHOUSE FINE MEATS, LLC |
| |By: |
| |Name: RICHARD F COOK JR |
| |Title: MEMBER/OWNER |
|CONTRACTOR |CONTRACTOR |
| | |
| |By: |
| |Name: |
| |Title: INDEPENDENT CONTRACTOR |

EXHIBIT A

DUTIES, SPECIFICATIONS, AND COMPENSATION

A. DUTIES. The Contractor will perform the following [work] [services] DOOR-TO-DOOR SALES ON A COMMISSION BASE PAY. BUILD A CUSTOMER BASE AS AN INDEPENDENT CONTRACTOR. MUST KEEP A VALID DRIVERS LICENSE AT ALL TIMES, AND NOTIFY PORTRHOUSE MEATS OF ANY CHANGES IN DRIVING STATUS.

B. (Optional) SPECIFICATIONS. The Parties agree to the following additional specifications about the [work][services] to be provided: WORKS ON A COMMISSION BASE PAY ONLY, MUST TURN IN WHAT MONIES ARE DUE TO US UPON CHECK-IN EVERY EVENING. WILL PAY A TWENTY-FIVE DOLLAR (25.00) TRUCK CHARGE FOR THE USE OF TRUCK TO PREFORM HIS INDEPENDENT CONTRACTOR DUTIES. MUST BE ABLE TO PAY THEMSELVES OUT FOR THEIR EARNINGS OR TURN IN OVER AND GET PAID BY CHECK AT THE END OF EACH WEEK FOR THEIR OVERAGE AND WILL RECEIVE A 1099 AT THE END OF THE YEAR WITH NO TAXES BEING WITHHELD.

C. COMPENSATION. (Select one only)

OPTION 1 As full compensation for the Services rendered pursuant to this Agreement, the Company shall pay the Contractor the rate of [$0,00] per hour, with total payment not to exceed [$0.00] without the Company’s prior written approval. The Contractor shall provide invoices requesting compensation on a [weekly][semi-monthly][monthly] basis.

OPTION 2 As full compensation for the Services rendered pursuant to this Agreement, the Company shall pay the Contractor the sum of ____________________ [$______], to be paid _____________________________________ [Insert Time and Conditions of Payment.] [e.g., on completion of phase 1 of project]

[SIGNATURE PAGE FOLLOWS]

By signing below, the Parties agree to comply with all of the requirements contained in this Exhibit A.

Dated: _______________________

|COMPANY |[PORTERHOUSE FINE MEATS] |
| |By: |
| |Name: RICHARD F COOK JR |
| |Title: MEMBER/OWNER |
|CONTRACTOR |CONTRACTOR |
| | |
| |By: |
| |Name: |
| |Title: INDEPENDENT CONTRACTOR |

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