Fill and Sign the Florist Contract 497337130 Form

FLORAL SERVICES CONTRACT THIS AGREEMENT executed on this the       day of __________ , 20       by and between ________________ __ (hereinafter "Employer"), and ________________ __ (hereinafter "Florist"). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Florist, and Florist agrees to work for Employer under the terms and conditions hereby agreed upon by the parties: SECTION 1- WORK TO BE PERFORMED 1.1 Term . Employer agrees to hire Florist, to perform the services and work as stated in section 1.2 of this agreement. 1.2 Duties . Florist agrees to perform the following maintenance and floral arrangement services _________________ _ . and work for the Employer on the terms and conditions set forth in this agreement, as follows: _________________ _ . (a) Upon completion, Florist agrees to keep all property of Employer in a clean and satisfactory condition. (b) Work shall be at the following address: _________________ _ . 1.3 Completion Date The work to be performed shall be complete on or before the       day of __________ 20 ____ and/or performed daily weekly bi-weekly monthly other _________________ _ . 1.4 L iquidated Damages. The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement In the event the work is not performed timely as specified herein, Employer shall be entitled to deduct $ __________ per day from the compensation due Florist as liquidated damages. - 1 – SECTION 2 - COMPENSATION 2.1 Compensation . In consideration of all services to be rendered by Florist to the Employer, the Employer shall pay to the Florist the sum of $       . Said compensation shall be paid: daily weekly monthly upon full completion other specify terms: _________________ _ . 2.2 Withholding . Florist is an independent contractor and shall be responsible for his/her own income taxes, worker’s compensation and other employment taxes. SECTION 3 - INDEPENDENT CONTRCTOR STATUS Florist acknowledges that he/she is an independent contractor and is not an agent, partner, joint venturer nor employee of Employer. Florist shall have no authority to bind or otherwise obligate Employer in any manner nor shall Florist represent to anyone that it has a right to do so. SECTION 4 - REPRESENTATIONS OF WARRANTIES OF FLORIST 4.1 Florist represents and warrants to the Employer regarding the work to be performed as follows: _________________ _ . 4.2 Florist represents that he/she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between Florist and any third party. During the term of the agreement, Florist shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. Florist is expressly free to perform services for other parties while performing services for Employer. SECTION 5 - MISCELLANEOUS PROVISIONS 5.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors and assigns of the parties. - 2 – 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, attorney's fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with 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, reasonable 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 waiver. 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 laws of the State of ________________ __ . 5.5 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. 5.6 If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 5.7 Florist agrees to indemnify, defend, and hold Employer and his/her successors, officers, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Florist. - 3 – 5.8 Employer may terminate this Agreement at any time by providing       days’ written notice to Florist. In addition, if Florist fails or refuses to comply with the policies or reasonable directives of Employer, is guilty of serious misconduct in connection with his/her performance hereunder, or materially breaches any provisions of this Agreement, Employer may at any time and in its sole discretion terminate the engagement of Florist immediately and without prior written notice to Florist. 5.9 Florist shall not assign any of his/her rights under this agreement, or delegate the performance of any of his/her duties hereunder, without the express written prior consent of Employer. WITNESS OUR SIGNATURES, this the       day of __________ , 20       . _________________ _ EMPLOYER _________________ _ FLORIST - 4 –