Contract for Work to be Performed Agreement
1. Introduction. This agreement is between , with principal offices at (hereinafter referred to as “Company”) and , SSN or Tax ID #______(hereinafter referred to as “Contractor(s)”). In consideration of Contractor’s employment by Company, Contactor agrees to the following terms and conditions.
2. Contract Period of Performance. Company employs “Contractor”, and “Contractor” accepts the employment, subject to and in accordance with the terms and conditions of this Agreement. Contractor's period of performance begins on ______and terminates upon completion. This Agreement shall be automatically renewed thereafter unless terminated by mutual consent.
3. Compensation and Payment. Company shall pay Contractor for the services performed as outlined in the Enclosure. Payment will generally be by direct deposit to Contractor’s checking account.
4. Tasks to be Performed. As agreed upon verbally and visually by both parties, specified in Enclosure(s).
5. Enforcement of Agreement. This Agreement can be enforced by Company and successors, and assigns. Either equitable relief or damages at law or both may be sought for breaches or threatened breaches of this Agreement. Notwithstanding anything to the contrary in this Agreement in the event of any covenant contained herein, Company may seek immediate relief in any court of competent jurisdiction.
6. Entire Agreement. This Agreement is the entire agreement of Company and Contractor. Any oral modifications will have no effect on this agreement. Any previous discussions regarding the terms and conditions of employment herein are hereby void and of no consequence. This Agreement represents the full understanding of the terms and conditions of employment herein. This Agreement may be altered only by a written instrument signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.
7. Termination. Either Party may terminate this Agreement immediately upon written notice in the event (1) the other party files a petition for bankruptcy, or is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, or becomes insolvent, or is otherwise unable to meet its business obligations; or (2) if the other party breaches any of its material obligations and fails to cure the breach within five (5) calendar days from the receipt of a written notice from the aggrieved party.
8. Invalidity. If any provision of this Agreement, or any portion thereof, is subsequently held to be invalid or unenforceable under any applicable statute or rule of law, then that provision or portion notwithstanding, this Agreement shall remain in full force and effect and such provision or portion shall be deemed omitted and this Agreement shall be construed as if such invalid or unenforceable provision or portion had not been contained herein.
9. Arbitration of Controversies. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, will be settled by arbitration in the state of , in accordance with the rules then obtaining of the American Arbitration Association. Judgment upon the award rendered may be entered in any court possessing jurisdiction of arbitration awards. The decision of the arbitrator shall be binding and non-appealable by either party.
10. Waiver of Breach of Agreement. If either party waives a breach of this Agreement by the other party, that waiver will not operate or be construed as a waiver of later similar breaches.
11. Relationship of Parties. The relationship of Contractor to Company shall at all times be one of independent contractor, and neither party shall be nor represent itself to be an employee, agent, representative, partner or joint venture of the other, nor shall either party have right or authority to assume or create any obligation on behalf of or in the name of the other or to otherwise act on behalf of the other. Company is not responsible for any insurance, workman’s compensation, or general liability. These are the responsibility of the Independent Contractor addressed in this agreement. Contractor (and all persons furnished by Contractor) shall comply with all applicable laws and regulations of the United States of America.
12. Personnel on Premises of Other Party: Indemnification. All representatives of either party, while on the premises of, or designated by, the other party, shall comply with all reasonable rules and regulations established at such premises. Contractor hereby agrees to indemnify and hold harmless Company, and its officers, agents and employees, from and against any and all liability, loss, damage, cost and expense (including attorney’s fees) on account of any claim, suit or action made or brought against Company, or its officers, agents or employees, arising from the services performed by Contractor hereunder, including any act or negligence of Contractor or its employees in connection with such services, or arising from any accident, injury, or damage caused to any person or to the property of any person during the performance of such services, or arising from injury (including death) to any of Contractor's employees or damage to or loss of Contractor's property while on the premises of Company in connection with this Agreement.
13. Insurance. Contractor shall maintain at its expense such insurance as will fully protect Contractor from any claims for damage for bodily injury including death, and for property damage, which may arise from its activities under this Agreement, whether such activities are performed by Contractor or by any subcontractor, or anyone directly or indirectly employed by either of them. Company has no responsibility to contractor for insurance.
14. Taxes. Consultant shall have sole responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws and for filing all required tax forms with respect to any amounts paid by Skyline to contractor.
15. Permit. Contractor is responsible for any/all permits if/as required unless otherwise agreed in writing by the parties.
16. Contacts. Any notice, consent or other communication given pursuant to this Agreement shall be in writing, and shall be to the signing parties at the addresses indicated below.
17. Applicable Law. This Agreement shall be interpreted in accordance with the laws of the State indicated in paragraph 1.
Attn: Attn:
______
Company RepresentativeDateContractorDate
Enclosure(s):
1 of 2