Fill and Sign the Bartender Contractor Form

Employment Agreement between a Bartender (as an Independent Contractor) and a Business that Supplies Bartenders to Parties and Special Events Agreement made on the ______ day of _____________________________, 20_____, between __________________________________________________ (Name of Business) of ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Business , and _________________________________________ (Name of Bartender) of __________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Bartender . Whereas, Bartender is a professional bartender looking for functions such as private parties and special events where he can practice his craft; and Whereas, Business is in the business of supplying bartenders to functions such as private parties and special events; Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Business agrees to employ Bartender as an independent contractor beginning ___________________________________ (date) and continuing until termination in accordance with Section 5. Bartender accepts employment with Business on the terms and conditions set forth in this Agreement, and agrees to tend bar at such locations as assigned to him/her by Business. 2. In consideration of all services to be rendered by Bartender for the benefit of Business , Business shall pay Bartender according to the schedule attached to this Agreement as Exhibit A and initialed by both parties. All compensation shall be paid to Bartender without deductions for taxes or other withholding, and Bartender shall be responsible for all taxes as set forth in Paragraph 3 below. 3. Bartender agrees that he/she is not an employee of Business for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Bartender agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount paid by Business to Bartender . As an independent contractor Bartender is not eligible to participate in the fringe benefit programs of Business, if any exist at this time. 4. Bartender shall pay all of his/her own expenses Agreement (such as transportation and clothing) in connection with this Agreement. The only obligation of Business is to pay the applicable compensation specified in Exhibit A of this Agreement. This Agreement shall become effective on the date stated above, and shall remain in effect for a period of (e.g., number of weeks or months) ________ unless terminated for breach or as provided in this Agreement. 5. This Agreement may be terminated by mutual agreement of Business and Bartender or by written notice of either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this Agreement ________ (number) days after the date such notice is sent to the other party via certified or registered mail at the address set forth above, or at such other address as the parties notify each other in writing. 6. Bartender agrees to indemnify and hold harmless Business , its agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of the Bartender ’s negligent act(s) or omission(s) in performing this Agreement. 7. The parties intend that an independent contractor-employer relationship will be created by this Agreement . Business is interested only in the results to be achieved and the conduct and control of the work will lie solely with Bartender . Bartender is not to be considered an agent or employee of Business for any purpose and Bartender is not entitled to any of the benefits that Business provides for Business ’s employees. Subject to the provisions of Section 8 below, it is understood that Bartender is free to contract for similar services to be performed for others while under contract with Business . 8. Bartender agrees that during the period of time that this contract is in effect, he/she will not, without the Business’s express prior written consent, engage in any bartending employment or activity that resulted from a contact made at a function in which Bartender was tending bar on behalf of Business pursuant to this Agreement. Bartender agrees to pay the sum of $__________ as liquidated damages for violation of this Section of the Agreement. 9. Assignment of Contract Neither of the parties may assign this Agreement or any rights under the Agreement without the prior written consent of the other party. 10. Governing Law The parties agree that this agreement shall be governed by and construed pursuant to the laws of __________________________ (state) . 11. Entire Agreement This Agreement is the complete and exclusive statement of the mutual understanding of the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement. 12. Amendment The parties agree that they may amend this Agreement only by a written agreement duly executed by persons authorized to execute agreements on behalf of the parties. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. ______________________________________ ______________________________ Business Bartender Attach Exhibit A