Fill and Sign the Consultant Agreement with Form

Independent Consultant Agreement with Nutritional Consultant Independent Consultant Agreement made on the _________________ (date) , between ___________________________ (Name of Owner of Nutritional Consulting Business) of _____________________________________ (street address, city, state, zip code) , referred to herein as Owner , and _________________________ (Name of Consultant) , of ______________________________________ (street address, city, state, zip code) , referred to herein as Consultant . Whereas, Owner is engaged in a nutrition consultant business known as _________________________________ (Name of Business) (the Business) which is located at ____________________________ (street address, city, state, zip code) ; and Whereas , Consultant has agreed to perform consulting work for the Owner as a nutritional consultant pursuant to the terms of this Agreement. Now, therefore , for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consultant's Services. Consultant shall be available and shall provide to the Business professional consulting services in the area of nutrition , hereinafter referred to as the Cons ulting Services, as requested by Owner. 2. Consideration . In consideration for the Consulting Services to be performed by Consultant under this Agreement, Owner will pay Consultant at the rate of $________ per hour for time spent on Consulting Services on behalf of the Business. Consultant shall submit written, signed reports of the time spent performing Consulting Services, itemizing in reasonable detail the dates on which services were performed, the number of hours spent on such dates and a brief description of the services rendered. Owner shall pay Consultant the amounts due pursuant to submitted reports within ________ (number) days after such reports are received by Owner. 3. Expenses A. Owner will pay Consultant for the following expenses incurred while this Agreement between Consultant and the Owner exists (list, if any):  ____________________________________________________;  ____________________________________________________; and  ____________________________________________________; B. Consultant shall submit written documentation and receipts where available itemizing the dates on which expenses were incurred. Owner shall pay Consultant the amounts due pursuant to submitted reports within ________ (number) days after a report is received by Owner. 4. Independent Contractor. Nothing herein shall be construed to create an employer-employee relationship between the Owner and Consultant. Consultant is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the Owner . Owner shall determine the work to be done by the Consultant, but the Consultant shall determine the legal means by which he/she accomplishes the work specified by Owner . Owner is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which Owner owes the Consultant. Neither the Consultant nor any of his/her employees shall be entitled to receive any benefits which employees of the Owner are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his/her work for the Owner . It is further understood that Consultant is free to contract for similar services to be performed for other nutritional and similar businesses while under contract with Owner. 5. Noncompetition. On termination of this Agreement, Consultant agrees that he/she will not own or operate (directly or indirectly) a nutritional consulting business within a radius of __________ (number) miles from the principal place of business of Owner, for a period of __________ (number) years. Consultant agrees that this noncompetition section is necessary to protect Owner's Business, and that Consultant's violation of this section would result in irreparable harm to Owner. If Consultant breaches this section, Owner shall be entitled to injunctive relief in addition to any other remedies legally available. This Section shall survive termination of this Agreement. 6. Confidentiality. In the course of performing consulting services, the parties recognize that Consultant may come in contact with or become familiar with information which the Owner may consider confidential. This information may include, but is not limited to ___________________________________________________ (describe). Consultant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate personnel of Owner. This Section shall survive termination of this Agreement. 7. Term. This Agreement shall commence on ________________ (date), and shall terminate on _________________ (date) , unless earlier terminated by either party hereto. Either party may terminate this Agreement upon _________ (number) days’ prior written notice. 8. Inability of Consultant to Contract for Owner. Notwithstanding anything contained in this Agreement to the contrary, Consultant shall not have the right to make any contracts or commitments for or on behalf of Owner without first obtaining the express written consent of Owner. 9. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________ (Name of State). 10 . Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 12. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 13. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 14. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. 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. 16. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ________________________ _______________________________ (P rinted Name of Owner) (P rinted Name of Consultant ) ________________________ _______________________________ (Signature of Owner) (Signature of Consultant)