Fill and Sign the Mechanic Service Agreement Form

Automotive Repair Agreement with Independent Contractor to do Body and Fender Work Agreement made on the _____ day of _____________________________, 20_____, between _________________________________________________ (Contractor) of ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor, and ________________________________________________ (Owner) , a corporation organized and existing under the laws of the state of __________________________________________, with its principal office located at ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner. Whereas, Owner is the proprietor and operator of an automotive body and fender repair shop located at _________________________________________________________________ ______________________________________________________________________________ _________________________________ (street address, city, county, state, zip code) ; and Whereas, Contractor is experienced in body and fender repair and painting and owns all tools and equipment used in the trade; 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. Duties of Owner Owner agrees to contract body and fender repair and painting to and with Contractor from time to time as the same may become available and Contractor is willing and able to perform the work. Owner shall furnish all necessary materials and supplies for such work and shall supply shop space for Contractor to do the work contracted for in this Agreement. 2. Duties of Contractor Contractor agrees to perform such work as may be submitted under this Agreement in a good and competent manner, to promote the Owner's shop, and to enter into no agreements to perform work at "cut rates," either for other body and fender shop operators or for auto owners. 3. Payment Owner covenants that for all work performed by Contractor under this Agreement, Owner shall pay Contractor one-half the "labor" charges for work performed by Contractor, that statements shall be submitted for payment as work is completed, and that at least once each month, on or about the _________ (e.g., 15 th ) day of the month, Owner shall pay to Contractor all sums owing for work paid during the preceding month. 4. Liability for Taxes and Workers’ Compensation Contractor covenants to save Owner harmless from any and all liability for withholding state or federal income tax, federal or state industrial accident contributions, and any employer's tax liability now or subsequently imposed on Owner. 5. Waiver of Claims Contractor waives all claims against Owner that Contractor may now have or may subsequently acquire for employer's liability compensation for personal injury, unemployment compensation, or otherwise, under the laws of the United States or State of ______________________________________________ (name of state) . 6. Duration of Agreement This Agreement shall continue from month to month until terminated as provided in this Agreement. 7. Rights of Parties Nothing contained in this Agreement shall be deemed to restrict Owner's right to employ other persons, either as employees or independent contractors, to work in the trade on such terms as Owner and they may decide, nor to obligate Owner to pay Contractor for work performed until Owner has received payment for the same, nor to limit Contractor's right to enter into similar agreements with other persons, provided that the work to be performed under such other agreements shall not be performed at Owner's place of business. 8. Contractor’s Independent Contractor Status Contractor shall be considered an independent contractor and shall not be entitled to any employee benefits otherwise available to employees of Owner. 9. Breach In the event of breach of any of the terms or conditions of this Agreement, this Agreement may be terminated by the offended party on _____days' written notice, and waiver of any breach of any provision shall not be deemed to be a waiver of any subsequent breach nor of the provision itself. 10. Termination of Agreement This Agreement may be terminated by mutual agreement by either party on _____days' written notice to the other party. 11. Manner of Termination The party electing to terminate this Agreement shall tender to the other, at the time of giving notice of election to terminate, any balance owing to the other party. Failure to do this shall void any attempt to terminate, but election to terminate shall not affect the right of the party so electing to recover any sum due as of the date of termination. 12. 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. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________________________. 14. 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. 15. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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. 16. 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. 17. 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. 18. 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. ____________________________________ Owner ______________________________________ By_________________________________ Contractor ____________________________________ (Name and Office in Corporation)