Fill and Sign the Contractor Has Form

Contract with Independent Contractor -- Contractor has Employees Independent Contractor Agreement made this __________________ (date) , between __________________ (Name of Company) , a corporation organized and existing under the laws of the state of __________________ (name of state) , with its principal office located at _____________________________________________ (street address, city, county, state, zip code) , referred to herein as the Company, and __________________ (Name of Contractor) , of _____________________________________________ (street address, city, county, state, zip code) , referred to herein as the Contractor. 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: I. Scope of Work. Company hereby engages Contractor to furnish the work described in Schedule A attached to this Agreement at the times specified in that Schedule, and the Contractor agrees to furnish the work at the times specified in Schedule A attached to this Agreement. II. Price and Payment. Company agrees to pay the Contractor in accordance with the price and payment terms set forth in Schedule A attached to this Agreement, and the Contractor agrees to accept such amounts as full payment for its work and to sign such waivers of lien, affidavits and receipts as the Company shall request in order to acknowledge payment. III. Independent Contractor Relationship. The Contractor is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the Company. The Company shall determine the work to be done by the Contractor, but the Contractor shall determine the legal means by which it accomplishes the work specified by the Company. The Company is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which he/she owes the Contractor. Neither the Contractor nor his/her employees shall be entitled to receive any benefits which employees of the Company 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 their work for the Company. IV. Business of Contractor. Contractor is engaged in the business of doing the work specified in the attached Schedule A . Copies of the following documents verifying the Contractor's established business are attached to this Agreement: A. Current occupational licenses issued by the counties and municipalities in which the work is to be performed. B. Articles of incorporation, if the Contractor is a corporation. C. Partnership or joint venture agreement, if the Contractor is a partnership or joint venture. D. Acknowledgment of sole proprietorship, if the Contractor is a sole proprietor. E. Federal Employer Tax Identification Number. V. Employees of Contractor. Contractor shall be solely responsible for paying _______ (his/her) employees. The Contractor shall be solely responsible for paying all FICA and other taxes, workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit-sharing and other benefits for the Contractor and its employees, servants and agents. VI. Insurance. Contractor shall furnish the Company with current certificates of coverage of the Contractor, and proof of payment by the Contractor, for workers' compensation insurance, general liability insurance, motor vehicle insurance and such other insurance as the Company may require from time to time. If the Contractor is not required by the __________________ (name of state) workers' compensation law to provide workers' compensation to the Contractor or its employees, the Contractor shall waive its exemption or exclusion from that law and shall purchase workers' compensation insurance and furnish the Company with a current certificate of coverage and proof of payment. The Contractor shall maintain all such insurance coverage and shall furnish the Company with certificates of renewal coverage and proofs of premium payments. If the Contractor fails to pay a premium for insurance required by this section before it becomes due, the Company may pay the premium and deduct the amount paid from any payments due the Contractor and recover the balance from the Contractor directly. VII. Risk; Indemnification. Contractor shall perform the work at _______ (his/her) own risk. The Contractor assumes all responsibility for the condition of tools, equipment, material and job site. The Contractor shall indemnify and hold harmless the Company from any claim, demand, loss, liability, damage or expense arising in any way from the Contractor's work. VIII. Term. This Agreement is effective as of the date signed by both parties and shall continue in effect until cancelled by either party upon written notice to the other party. IX. 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. X. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________ (name of state). XI. 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. XII . 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. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XVIII. 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. ________________________ Name of Company ________________________ ________________________________ (Signature of Officer) (Signature of Contractor) ________________________ ________________________ (P rinted Name of Officer) (P rinted Name of Contractor)