Fill and Sign the Contract with Independent Form

Contract with Skateboard Instructor Agreement made on the _____________________________ (date) , between ________________________________ (Name of Instructor) of ________________________ ____________________________________________________________________________ ___________________________ (street address, Employer, county, state, zip code) , referred to herein as _______________________________ (Instructor) , and ___________________________________ (Name of Employer) , a corporation organized and existing under the laws of the state of ____________________, with its principal office located at __________________________________________________________________________ ____________________________________________________________________________ (street address, Employer, county, state, zip code) , referred to herein as Employer . Whereas, Employer desires to provide recreational instruction in the sport of skateboarding; and Whereas, Instructor has signified a willingness to undertake the required work in connection therewith and is qualified, the following provisions shall govern this Contract: 1. Term The term of this Agreement shall commence on the _____________________________ (date) through the ___________________________ (date) . 2. Service Provided Instructor agrees to provide all necessary labor and equipment to perform the following services for the Employer: A. Type of Instruction Offered: teaching the sport of skateboarding. B. Time and Place of Service: Camps sponsored by Employer on ____________ ___________________________ (dates) at ____________________________ ______________________________________________________ (Address) . 3. Equipment and Supplies Instructor is responsible for obtaining and supplying all materials, supplies and equipment necessary to provide the service. 4. Compensation The Employer agrees to pay the Instructor ________% of the revenues received at each Camp. 5. Independent Contractor It is understood that Instructor is acting as an independent contractor and not an agent or employee of the Employer and is therefore not eligible to lay claim to benefits from retirement, Social Security, State Unemployment Insurance, Workers Compensation, or to those benefits reserved for employees of the Employer . 6. Reporting of Income It shall be the responsibility of the Instructor to properly report all monies earned as a result of work done for the Employer to the State and Federal Governments. The Employer shall distribute Internal Revenue Form 1099 to the Federal and State Governments describing monies earned by all Instructors. Instructors shall receive a copy for tax purposes. 7. Termination The Employer and/or the Instructor shall reserve the right to terminate this Contract with ________ (Number) working days prior written notice for cause or no cause, or upon failure of Instructor to comply with the terms and intent of the contract. Excessive tardiness, absenteeism, or unreasonable conduct toward participants, spectators, or staff is causes for dismissal. 8. Hold Harmless Instructor agrees to hold harmless, defend and indemnify the Employer , its officers, agents, and employees, from and against any and all liability, claims, demands, losses and actions for injury to and/or death of persons and /or damage to property arising out of or incurred in connection with Instructor’s performance of this contract. 9. Insurance Instructor is required to carry personal liability insurance in the amount of $ _________, naming Employer as additional insured. A certificate of insurance and an endorsement, listing the Employer on the policy as additional insured, is required prior to the beginning of this Contract and is to be maintained for the duration of the Contract. 10. 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. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________. 12. Notices 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. 13. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 14. 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. 15. 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. 16. 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. 17. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. ______________________________ (Name of Employer) _______________________________ By: _______________________________ (P rinted name) _______________________________ (P rinted name & Office in Corporation) _______________________________ ________________________________ (Signature of Employee) (Signature of Officer)