Independent Contractor Form
1. Services to Be Performed
Contractor agrees to perform the following services: Character Entertainment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor for business and corporate events an agreed upon rate.
Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
5. Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
[ X ] Contractor has the right to perform services for others during the term of this Agreement.
[ X ] The services required by this Agreement shall be performed by Contractor, Contractor's employees, or contract personnel, and Client shall not hire, supervise, or pay any assistants to help Contractor.
6. State and Federal Taxes
Client will not:
• withhold FICA (Social Security and Medicare taxes) from Contractor's payments or make FICA payments on Contractor's behalf
• make state or federal unemployment compensation contributions on Contractor's behalf, or
• withhold state or federal income tax from Contractor's payments.
Contractor shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide Client with proof that such payments have been made.
7. Fringe Benefits
Contractor understands that neither Contractor nor Contractor's employees or contract personnel are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Client.
8. Unemployment Compensation
Client shall make no state or federal unemployment compensation payments on behalf of Contractor or Contractor's employees or contract personnel. Contractor will not be entitled to these benefits in connection with work performed under this Agreement.
9. Workers' Compensation
Client shall not obtain workers' compensation insurance on behalf of Contractor or Contractor's employees.
Client shall not provide insurance coverage of any kind for Contractor or Contractor's employees or contract personnel.
Contractor shall indemnify and hold Client harmless from any loss or liability arising from performing services under this Agreement.
12. Term of Agreement
This agreement will become effective when signed by the client and will terminate on the clients last day of hire.
13. Terminating the Agreement
With reasonable cause, either Client or Contractor may terminate this Agreement, effective immediately upon giving written notice.
Reasonable cause includes:
• a material violation of this Agreement, or
• any act exposing the other party to liability to others for personal injury or property damage.
Either party may terminate this Agreement at any time.
14. Exclusive Agreement
This is the entire Agreement between Contractor and Client.
15. Resolving Disputes
If a dispute arises under this Agreement, any party may take the matter to the state court.
Contractor acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Client. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client's prior written permission except to the extent necessary to perform services on Client's behalf.
Proprietary or confidential information includes:
• the written, printed, graphic, or electronically recorded materials furnished by Client for Contractor to use
• any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of
• business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information
• information belonging to customers and suppliers of Client about whom Contractor gained knowledge as a result of Contractor's services to Client, and
• other: _____________________.
Upon termination of Contractor's services to Client, or at Client's request, Contractor shall deliver to Client all materials in Contractor's possession relating to Client's business.
Contractor acknowledges that any breach or threatened breach of Clause 18 of this Agreement will result in irreparable harm to Client for which damages would be an inadequate remedy. Therefore, Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. Such equitable relief shall be in addition to Client's rights and remedies otherwise available at law.
17. Proprietary Information.
A. The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress and deliverables will be the sole property of the Client, and Contractor hereby assigns to the Client all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Contractor retains no right to use the Work Product and agree not to challenge the validity of the Client’s ownership in the Work Product.
B. Contractor hereby assigns to the Client all right, title, and interest in any and all photographic images and videos or audio recordings made by the Client during Contractor’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
C. The Client will be entitled to use Contractor’s name and/or likeness use in advertising and other materials.
18. No Partnership
This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on Client's behalf.
19. Assignment and Delegation
Either Contractor or Client may assign rights and may delegate duties under this Agreement.
20. Applicable Law
This Agreement will be governed by the residing state law, without giving effect to conflict of laws principles.
In consideration of the risk of injury while performing for Regal Characters. I hereby knowingly and voluntarily enter into this waiver and release of liability and hereby wave any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Regal Characters. their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical, or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event released to this activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I agree to indemnify and hold harmless Regal Characters against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me, or anyone on my behalf, including attorneys fees and any related costs.
I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability.
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