Fill and Sign the Independent Contractor Form

Contract with Independent Contractor to Perform Pet Grooming Services Contract made on the ________________ (date) , between _________________ (Name of Owner) of _________________________________________________________________ _____________ (street address, city, county, state, zip code) , referred to herein as Owner, and _________________ (Name of Contractor) , of __________________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor . Whereas, Owner owns and operates a pet grooming business at the address set forth above, and Owner desires to have the following services performed at Owner 's place of business and at the homes of the clients of Owner ; Whereas, Contractor is an experienced pet groomer and agrees to perform these services for Owner under the terms and conditions set forth in this Contract. Now, therefore, for and in consideration of the mutual covenants contained in this Contract, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Work The work to be performed by Contractor includes all services generally performed by Contractor in Contractor 's business of pet grooming, including, but not limited to, the following: A. Dog grooming which requires nail clipping ,ear cleaning, pulling hair from the ears, anal gland expressing, baths, haircuts, brushing double coated dogs, teeth brushing, and nail filing. B. Cat grooming which requires shaving and brushing, baths, nail clipping and ear cleaning. 2. Term of Agreement The term of this Agreement shall be from month to month. Either party may terminate this Agreement with or without cause on giving the other party _____ day’s written notice. 3. Compensation Owner will pay Contractor as follows: (state amount, times of payment, and methods of payment) _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ . 4. Professional Liability Insurance Contractor shall be responsible for acquiring her own liability insurance and providing satisfactory proof of same to Owner. 5. Relationship of the Parties Contractor is an independent contractor and is not an employee, servant, partner or joint venturer of Owner. Owner shall determine the services to be provided by Contractor , but Contractor shall determine the legal means by which it accomplishes the services in accordance with this Contract. Owner is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Contractor is not entitled to receive the benefits which employees of Owner and is not 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 services to Owner. 6. Indemnification and Insurance A. Contractor agrees to indemnify and save harmless Owner from any loss, expense, damage, or injury caused or occasioned, directly or indirectly, by her failure to comply with any of the provisions of this Agreement. B. Contracto r assumes the entire responsibility and liability for any and all damage and injury of any kind or nature whatsoever to any animals, persons, and to any property, growing out of, or resulting from the performance of this contract (or the failure to perform) by Contractor, and Contractor agrees to indemnify and save harmless Owner from and against any and all loss, expense, including legal fees and disbursements, damage, or injury growing out of, or resulting from the performance of this contract (or the failure to perform) by Contractor. C. In addition to liability insurance, Contractor shall procure and maintain, at her own expense, the following insurance: 1.Workers compensation (if she has employees performing this Agreement), including occupational disease within statutory limits; 2. Before commencing work Contractor shall furnish Owner with a certificate showing the insurance to be in force and that it will not be canceled with less than _____ (number) day’s written notice to Contractor and the Owner. D. Contractor will also pay 50% of the cost of insurance for the Van to be supplied by Owner to Contractor . 7. Tools, Supplies, Gas, and Advertisement Contractor will supply the tools, phone service, supplies, gas, and advertisement necessary to perform her duties pursuant to this Agreement. 8. Van Provided to Contractor to Perform Grooming A. If the van owned by Owner and used by Contractor to perform grooming (the Van ) becomes damaged, through the fault of Contractor, inside the cab or grooming station or on any part of the entire outside, Contractor shall pay for all necessary repairs. B. Contractor will not drive the Van while under the influence of drugs or alcohol. C. Contractor will not talk on a cell phone while driving the Van. D. Contractor will not smoke in the van. E. Contractor will follow all safety rules and the policies and fees located on Owner’s website at _____________________.com. F. Contractor will stay within a thirty mile radius of the address of Owner to keep mileage low and business licensing considerations. G. Prior to using the Van, Contractor will fill the Van with water as appropriate. H. Contractor will return the Van to Owner no later than ______ o’clock at _______________________________________________________ (address) . I. When finished with the Van each day, Contractor will write down the mileage and cost of gas used that day. J. Owner will fill the Van with propane for the furnace and water heater and Contractor and Owner will split the cost. K. Contractor will not allow any passengers in the Van. L. Contractor will give Owner _____ hours notice if Contractor is not going to use the Van as previously scheduled. 9. 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. 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. 18. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Printed name) (Printed name) ________________________ _________________________ (Signature of Contractor) (Signature of Owner)