Custom Canine Unlimited

Contractor Agreement


PURPOSE

Custom Canine Unlimited, LLC, referred to as the Company,

and

, referred to as Contractor, agree:

Contractor shall perform the following services for the Company:

 

at the following rate of remuneration: 

This agreement shall begin on date of signature and shall terminate on upon written notice by either part to the other.

The Company may terminate this contract on three (3) days notice to Contractor for unsatisfactory performance.

THIS IS AN AGREEMENT FOR INDEPENDENT CONTRACTING SERVICES. THE COMPANY PROVIDES NO BENEFITS SUCH AS HEALTH INSURANCE, UNEMPLOYMENT INSURANCE, OR WORKER’S COMPENSATION INSURANCE TO THE CONTRACTOR. CONTRACTOR IS RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL INCOME TAXES.

CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL TOOLS AND MATERIALS REQUIRED FOR PERFORMANCE OF THE TASKS AGREED TO.

Due to license requirements, contractual agreements, the nature of business, and the clientele that the Company conducts business with and for an environment of structure, uniformity, and good moral standing is paramount. These umbrella company contractor terms are necessary to continue business.

DUTY OF LOYALTY AND BEST EFFORTS

Contractor shall devote all of his/her working time, attention, knowledge, and skills to the Company business interests and shall do so in good faith, with best efforts, and to the reasonable satisfaction of the Company. Contractor understands that they shall only be entitled to the compensation, benefits, and profits as set forth in this document.

Contractor agrees to refrain from any interest, of any kind whatsoever, in any business competitive to Company’s business. The contractor further acknowledges they will not engage in any form of activity that produces a “conflict of interest” with those of the Company unless agreed to in advance and in writing.

COMPENSATION TERMS

Where compensation was agreed upon, The Company will pay each contractor on the 1ST and 15th of each month by check, with pay periods ending 5 days prior to each pay date. The Company shall not deduct or withhold from compensation any sums required for federal income and social security taxes, as well as all state or local taxes now applicable or that may become applicable to contractor or the Company in the future based upon Federal and state tax forms submitted by the contractor.

Expense Reimbursement

Contractor may only be entitled to reimbursement of expenses where prior authorization was granted by the Company according to the Company Policy and Procedure Manual. In order to receive reimbursement, Contractor must timely provide the Company with an itemized account of all expenditures, along with suitable receipts therefore.

LICENSES AND STANDARDS

Contractor is obligated to maintain all required licenses and standards necessary for the carrying out the functions and duties set forth in their service function. The Company may, at its discretion, assist with payment for those licenses or standards which both parties consider to be essential to performance of the job.

COVENANTS

Policy and Procedures

Contractor agrees to adhere to all of the policies, procedures, rules and regulations set forth by the Company. These policies, procedures, rules and regulations include, but are not limited to, those set forth within the Company Policy and Procedures Manual, any summary benefit plan descriptions, or any other personnel practices or policies or other company forms. To the extent that if any of the Company’s policies, procedures, rules and regulations conflict with the terms of this document, the specific Policy and Procedure will control.

Confidentiality

Contractor acknowledges that during his/her task he/she will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records, and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. Contractor agrees that he/she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of his/her task or at any time thereafter, except as required in the course of specified task with the Company. All files, records, documents, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether he/she prepared them or otherwise coming into his/her possession, shall remain the exclusive property of the Company. He/she shall not retain any copies of the foregoing without the Company’s prior written permission. Contractor further agree that he/she will not disclose the terms of any agreement between the Company and the Contractor to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of his/her relationship to the Company and of the services hereunder.

Non-Compete

Contractor hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assignees during the period of task and for a period of 2 years following termination of task and notwithstanding the cause or reason for task end. Furthermore, contractor is not to contact any clientele of the Company, directly or indirectly unless expressly directed in writing by the Company or for specific task performance.

The term “non-compete” as used herein shall mean that contractor shall not own, manage, operate, consult or to be employed in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of task and for the term specifically stated above. These terms shall extend to all geographic areas that the Company has conducted business, has conducted work, has clientele, or is working on gaining business, work, or clientele in the 12 months preceding the contractor’s termination with the Company.

Non-Recruit Covenant

Contractor agrees not to recruit any of the Company’s employees or contractors for the purpose of any outside business either during or for a period of 2 years after contractor’s tenure of task with the Company. Contractor agrees that such effort at recruitment also constitutes a violation of the non-compete covenant set forth above.

Notify Management

All contractors agree to abide by the legal and ethics policies of the Company as well as the Company’s other rules, regulations, policies and procedures. The Company intends to comply in full with all governmental laws and regulations as well as any ethics code applicable to our profession. In the event that contractor is aware of Employer, or any of its officers, agents, employees, or contractors, violating any such laws ethics codes, rules, regulations, policies or procedures, Contractor agrees to bring forth all such actual and suspected violations to the attention of the Company immediately so that the matter may be properly investigated and appropriate action taken.

PROPERTY RIGHTS

Customers or Clientele

Contractor agrees that any customers or clientele generated by the Company pursuant to tasks with the Company are the customers and clientele of the Company.

Records and Accounts

Contractor agrees that all records and accounts maintained during the course of task are the property of the Company, shall remain current and be maintained at the Company’s place of business.

Return Upon Termination

Contractor agrees that upon termination of task they will return to the Company all of the Company’s property, including, but not limited to, intellectual property, trade secret information, customer lists, operation manuals, employee handbook, records and accounts, materials subject to copyright, trademark, or patent protection, customer and the Company information, credit cards, business documents, reports, automobiles, keys, passes, uniforms, equipment, and security devices.

Copyrights, Inventions and Patents

Contractor understands that any copyrights, inventions or patents created or obtained, in part or whole, by the Company during the course of this Agreement are to be considered “works for hire” and the property of the Company. Contractor assigns to the Company all rights and interest in any copyright, invention, patents or other property related to the business of the Company.

INDEMNIFICATION FOR THIRD PARTY CLAIMS

Contractor hereby agrees to indemnify, defend, save, and hold harmless the Company, its shareholders, officers, directions, and other agents (other than Contractor) from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to the Contractor’s performance of this Agreement, failure to perform job functions or duties as required, or result form conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement.

Contractor understands that this obligation of indemnification survives the expiration or termination of this Agreement.

MEDIATION AND BINDING ARBITRATION

The Company and Contractor agree to first mediate and may then submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law or for workers compensation, unemployment or disability benefits, pursuit to the rules of the American Arbitration Association.

LIMITATION OF DAMAGES

Contractor agrees and stipulates that any remedies they may have for the breach of any task related obligation, whether under law or by way of contract, shall be limited to the equivalent of thirty (30) days of task specific compensation of Contractor where allowed by law. This limitation is inclusive of any claims for special damages, general damage, compensatory damage, and loss of income, emotional damage, or punitive damages.

ATTORNEYS’ FEES AND COSTS

Contractor and the Company agree that should any action be instituted by either party against the other regarding the enforcement of the terms of this agreement, the prevailing party will be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorneys’ fees and costs, both before and after judgment.

MISCELLANEOUS PROVISIONS

Accuracy of Representations

Contractor understands that any projections regarding the financial status or potential for growth of the Company are matters of opinion only and do not constitute a legally binding representation. Contractor agrees that they have had the opportunity to conduct due diligence of the Company and are satisfied with the representations that have been made.

Notices

Contractor agrees that any notices that are required to be given under this Agreement shall be given in writing, sent by certified mail, return receipt requested, to the principal place of business of the Company as set forth herein.

Entire Agreement

This Agreement represents the complete and exclusive statement of the contractor agreement between the Company and Contractor. There are no other agreements, covenants, representations or warranties; express or implied, oral or written, that have been made by the parties concerning their contractor agreement.

The Effect of Prior Agreements or Understandings

This Agreement supersedes any and all prior Agreements or understandings between the parties, including letters of intent or understanding, except for those documents specifically referred to within this Agreement.

Modifications

Contractor and the Company agree that this writing, along with those Agreements referred to within it, including, but not limited to, the Policy and Procedure Manual, constitutes the entirety of the Employment Agreement between the parties. Any modifications to this Agreement may only be done in writing and must be signed by a representative of the Company with authority.

Serviceability of Agreement

To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.

Waiver of Breach

The waiver by the Company of a breach of any provision of this Agreement by Contractor shall not operate as a waiver of any subsequent breach by the Contractor. No waiver shall be valid unless placed in writing and signed by a representative of the Company with authority.

Ambiguities Related to Drafting

The Company and Contractor agree that any ambiguity created by this document will not be construed against the drafter of same.

Choice of Law, Jurisdiction, and Venue

Contractor agrees that this Agreement shall be interpreted and construed in accordance with the laws of the State of Georgia and that should any claims be brought against the Company related to terms or conditions of task shall be brought within a court of competent jurisdiction within the County of Jackson, Georgia. Contractor also consents to jurisdiction of any claims by the Company related to the terms or conditions of task by a court of competent jurisdiction within the County of Jackson, Georgia.

Drug-Free Work Place

Contractor agrees and understands that it is the policy of the Company to maintain a drug-free work place. The Company reserves the right to conduct periodic drug testing on a regularly scheduled basis for all employees and contractors. Refusal to submit to testing or testing positive for illicit drugs or controlled substances that the Company was not made aware of prior will result in immediate termination of task and company relationship.

Criminal History

The Company reserves the right to conduct periodic Criminal History checks as the Company deems fit. Contractor agrees to immediately inform the Company of any and all criminal or civil actions taken out against him/her. Task service is contingent upon all contractors maintaining no felonious criminal history, no misdemeanor offenses related to theft or dishonesty, a pattern that does not display a disregard for the law, or any criminal or civil litigation that brings discredit or an adverse look upon employer or clients.

Statute of Limitations

Contractor has a one year statute of limitation for the filing of any requests for mediation, or arbitration, or for any lawsuit related to this Agreement or the terms and conditions of their task. If said claim is filed more than one year subsequent to Contractor’s last day of task it is precluded by this provision, regardless of whether the claim had accrued at that time or not.

Attorney Review

Contractor warrants and represents that Contractor in executing this Agreement has had the opportunity to rely on legal advice from an attorney of Contractor’s choice, so that the terms of this Agreement and their consequences could have been fully read and explained to Contractor by an attorney and that Contractor fully understands the terms of this Agreement.

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Custom Canine Unlimited https://www.customcanineunlimited.com
Signature Certificate
Document name: Contractor Agreement
Unique Document ID: c50a1b374947ec428b8ee3b4a28af35b7910f9a9
Timestamp Audit
2016-06-01 19:54:26 ESTContractor Agreement Uploaded by AJ Vargas - ajvargas@customcanineunlimited.com IP 63.130.249.174