Fill and Sign the Barber Form

Independent Employment Agreement (Hair Salon / Barber Shop) THIS AGREEMENT made and entered into on this the ____ day of _________, 20__, by and between _________________ (hereinafter "__________"), and _________________ (hereinafter "_________"). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, _________________ employs _________________, and _________________ agrees to work for _________________ under the terms and conditions hereby agreed upon by the parties: SECTION 1 - EMPLOYMENT 1.1 Term . _________________ agrees to employ the _________________, at will, beginning _________________, 20___, and continuing until termination in accordance with Section 4. 1.2 Duties . _________________ accepts employment with _________________ on the terms and conditions set forth in this agreement, and agrees to act as an independent contra ctor to cut hair for _________________ at his shop located in _________________, _________________. SECTION 2 - COVENANT NOT TO COMPETE 2.1 Non-Competition . During the term of this Agreement and for a period of two (2) years after the termination of employment for any reason with _________________, _________________ shall not, within _________________ County, directly or indirectly (1) own (as a proprietor, partner, stockholder, or otherwise) an interest in; or (2) participate (as an officer, director or in any other capacity) in the management, operation or control of; or (3) perform services or act in t he capacity of an employee, independent contractor, consultant or agent of any enterprise e ngaged, directly or indirectly, in the business of providing hair salon or beauty parlor services except with the prior written consent of _________________. 2.2 Injunction . _________________ agrees that it would be difficult to measure damage to _________________ from any breach by _________________ of Section 2.1 and that monetary damages would be an inadequate remedy for such breach. Accordingly, _________________ -2- agrees that if _________________ shall breach Section 2.1 _________________ shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by _________________. 2.3 No Release . _________________ agrees that the termination of employment with _________________ or the expiration of the term of this Agreement shall not release _________________ from any obligations under Section 2.1 or 2.2. SECTION 3 - COMPENSATION 3.1 Base Compensation . In consideration of all services to be rendered by _________________ to _________________, _________________ shall pay to _________________ a commission of ______% of income generated by _________________ by cutting hair. Commissions will be paid each _______________. 3.2 Withholding; Other Benefits . All compensation shall be paid gross and without deductions for taxes and _________________ shall be responsible for all taxes as an independent contractor. SECTION 4 - TERMINATION 4.1 Termination at Will . The employment of _________________ by _________________ may be terminated immediately, at will, and in the sole discretion of _________________, with or without cause. _________________ may terminate her employment by _________________ upon seven (7) days written notice to _________________. This Agreement also may be terminated at any time upon the mutual written agreement of _________________ and _________________. SECTION 5 - MISCELLANEOUS PROVISIONS 5.1 The provisions of this Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties. -3- 5.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non- defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorne y's fees. Additionally, in the event a suit or action is filed to enforce this Agreement or wi th respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, re asonable attorney's fees at the trial level and on appeal. 5.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing wai ver. No waiver shall be binding unless executed in writing by the party making the waiver. 5.4 This Agreement shall be governed by and shall be construed in accordance with the la ws of the State of _________________. 6.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. DATE: SIGNED: SIGNED: