Fill and Sign the Massage Form 481371212

Independent Contractor Agreement with Massage Therapist Agreement 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 massage therapy business at the address set forth above, and Owner desires to contract with Contractor to perform massage therapy for Owner’s clients; and Whereas, Contractor agrees to perform these services for Owner under the terms and conditions set forth in 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. Description of Work The work to be performed by Contractor includes performing massage therapy services within the scope of his license for clients of Owner. Contractor is responsible for maintaining appropriate certification, licensure, and liability insurance (including all costs thereof). Contractor agrees to dress in a professional manner and consistent with the needs of a particular event or treatment. 2. Compensation Owner shall pay Contractor the sum of $___________ per (e.g., week or month) ____________ for the services rendered Contractor pursuant to this Agreement. 3. 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 Agreement. 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. 4. Liability The work to be performed under this Agreement will be performed entirely at Contractor’s risk, and Contractor assumes all responsibility for the condition of tools and equipment used in the performance of this Agreement. Contractor will carry, for the duration of this Agreement, public liability insurance in an amount acceptable to Owner. Contractor agrees to indemnify Owner for any and all liability or loss arising in any way out of the performance of this Agreement. 5. Duration of AgreementEither party may cancel this Agreement on _____days' written notice; otherwise, the Agreement shall remain in force for a term of (specify period time) ______________________ from the date of this Agreement. If Contractor’s services are terminated for the reasons of incompetency, neglect of Owner’s business, or a violation of any of the stipulations of this Agreement, Contractor shall not be entitled to any compensation after such notice of termination of employment. 6. Confidentiality and Competition During and after Contractor’s association with the Owner, Contractor will neither disclose nor assist in the unauthorized disclosure of the confidential or proprietary information of Owner, which includes, but is not limited to, trade secrets, formulas, customer data, strategies, methods, processes, machines, inventions, discoveries, computer programs and systems, and other developments. During the term of this Agreement and for a period of ___________ (months or years) following such termination, Contractor will not solicit any of Owner’s clients. 7. 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. 8. 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. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 Owner) (Signature of Contractor)