Resume Writer Agreement
This agreement ensures quailty and process be upheld by both Salonspa Connection and the writer. We work off of 6 month agreements, however you may resign at any time.
RESUME WRITER AGREEMENT
This Independent Contractor Agreement, hereinafter referred to as “Agreement”, is entered into and made effective as of _______ day of ______ ______ and between the following parties:
Inform.Guide.Hire, LLC, a limited liability company, organized under the laws of the State of Kansas,
______, an individual:
Hereinafter, “Client” will refer to and be used to describe the following party: Inform.Guide.Hire, LLC. “Contractor” will refer to and be used to describe the following party:_______.
I. WHEREAS, Client wishes to retain the Services (as defined below) of Contractor.
II. WHEREAS, Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
III. WHEREAS, Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Article 1 – DESCRIPTION OF SERVICES
1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (“the Services”):
a. Create resumes for third-party clients
b. Communicate with and respond the third-party client in a prompt manner
c. Report services conducted for third-party client to Inform.Guide.Hire, LLC
2. The Services will also include any other tasks which the Parties may agree on in writing. The Contractor hereby agrees to provide such Services to the Client.
3. The Contractor shall provide the necessary equipment to perform the Services. If the Contractor has obtained employees or agents, the Contractor shall be solely responsible for all costs associated with the employees or agents.
4. The Contractor shall notify the client of any change(s) to the Contractor’s schedule that could adversely affect the availability of the Agreement, whether known or unknown at the time of this Agreement, no later than 14 days prior to such change(s).
Article 2 - TERMS OF AGREEMENT
5. This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Contractor has completed the Services (the “Term”), unless earlier terminated.
Article 3 - PERFORMANCE
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take place.
Article 4 - MODIFICATION OF AGREEMENT
7. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced by writing, signed by each Party or an authorized representative of each Party.
Article 5 - COMPENSATION
8. The Contractor will only be paid upon approval of the resume by the third-party client.
9. Once approved, the third-party client will pay online to the Client directly for the Services the Contractor performed.
10. The Contractor will be paid 80 (eighty) percent of the fixed fee collected from the third-party client. The Client will retain 20 (twenty) percent of the fixed fee collected from the third-party client.
11. The Contractor will submit invoices for all services rendered. Invoices submitted by the Contractor to the Client are due within 14 days of receipt. Client will pay Contractor within a reasonable time after receipt of each invoice.
12. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
Article 6 – REIMBURSEMENT OF EXPENSES
13. The Contractor will be responsible for their own expenses.
14. No fees and/or expenses, besides the Compensation, will be paid to Contractor, unless such fees and/or expenses have been approved in advance and signed by both Parties in a separate writing. The reasonable fees and/or expenses must have been incurred by the Contractor in connection with providing the service.
Article 7 – CONFIDENTIALITY
15. Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is generally not known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
16. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations or confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
Article 8 - OWNERSHIP OF INTELLECTUAL PROPERTY
17. All intellectual property and related material, including trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, is a “work made for hire”, within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101), and will be Sole Property of the Client. If the Intellectual Property or any portion of the Intellectual Property does not qualify as work made for hire, and/or as otherwise necessary to ensure the Client’s complete ownership of all rights, titles and interest in the Intellectual Property, the Contractor shall transfer and assign to the Client all rights, titles and interests throughout the world in and to any and all Intellectual Property. This transfer and assignment include, but is not limited to, the rights to publish, distribute, make derivative works of, edit, alter or otherwise use the Intellectual Property in any way the Client sees fit.
18. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with written, signed consent of the Client. The Contractor will be responsible for any all damages resulting from the unauthorized use of the Intellectual Property.
Article 9 – INDIVIDUAL CONTRACTOR STATUS
19. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent Contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying, with reporting requirements for, all local, state, and federal taxes related to payments made to the Contractor under this Agreement.
20. The Contractor may not act as an agent for, or on behalf of, the Client, or to represent the Client, or bind the Client in any manner.
21. The Contractor is a professional who uses his or her own professional and business methods to perform services.
22. The Contractor may employ others to perform the Services on behalf of the Client without the Client’s knowledge. If the Contractor has employees or agents, it is the Contractor’s responsibility to hire them and to provide materials for them.
23. The Contractor has no set hours of work. However, Contractor will submit an invoice to the Client, including the number of hours spent performing Services. There is no requirement that the Contractor work full-time or otherwise account for work hours.
Article 10 – CLIENT’S CONTROL
24. The Client has no right or power to control or otherwise interfere with the Contractor’s mode of effecting performance under this Agreement. The Client’s only concern is the result of the Contractor’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Client.
Article 11 – INJURIES/LIABILITY
25. The Contractor acknowledges the Contractor’s obligation to obtain appropriate insurance coverage for the benefits of the Contractor (and the Contractor’s employees, if any). The Contractor waives any rights to recovery from the Client for any injuries that the Contractor (and/or Contractor’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor or the Contractor’s employees.
26. THE CLIENT SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS.
Article 12 – INDEMNIFICATION
27. The Contractor agrees to indemnify and hold harmless the Client from all claims, losses, expenses, fees including attorney fees, costs, and judgment that may be asserted against the Client that results from the acts or omissions of the Contractor, the Contractor’s employees, if any, and Contractor’s agents.
Article 13 – RETURN OF PROPERTY
28. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Article 14 – TERMINATION
29. The agreement shall terminate automatically in 6 months.
30. A regular, ongoing relationship of indefinite term is not contemplated.
31. The Contractor has no right to assign services to a third-party and any such assignment will automatically terminate the agreement. An assignment to a third-party will be considered a material breach of the agreement.
32. Either party may terminate this Agreement for cause or without cause by providing the other Party written notice if the other Party:
Article 14 - GENERAL PROVISIONS
A) CURRENCY: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
B) NO RIGHT TO ACT AS AGENT: An “employer-employee” or “principal-agent” relationship is not created merely because:
1. The Client has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the Agreement or
2. The Client has or retains the right to stop work done improperly. The Contractor has no right to act as an agent for the Client and has an obligation to notify any involved parties that it is not an agent of the Client.
C) BUSINESS LICENSES, PERMITS, AND CERTIFICATES: Contractor represents and warrants that Contractor and Contractor’s employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement
D) STATE AND FEDERAL TAXES:
1. Client will not:
i. withhold FICA (Social Security and Medicare taxes) from Contractor's payments or make FICA payments on Contractor's behalf
ii. make state or federal unemployment compensation contributions on Contractor's behalf, or
iii. withhold state or federal income tax from Contractor's payments.
2. 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.
E) TIME OF THE ESSENCE: Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
F) ENTIRE AGREEMENT: It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. This Agreement supersedes any prior written or oral agreements between the Parties.
G) TITLES/HEADINGS: Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
H) GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of Kansas.
I) REMEDIES: In addition to any and all other rights a Party may have available according to law, if a Party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other Party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The Party receiving such notice shall have 3 days from the effective date of such notice to cure the default(s). Unless waived in writing by a Party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of the Contract.
J) DISPUTE RESOLUTION: In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, the Parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
K) FORCE MAJEURE: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the Party unable to carry out its obligation gives the other Party prompt written notice of such event, then the obligations of the Party invoking the provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
L) SEVERABILITY: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
M) WAIVER: The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
N) CONSTRUCTION AND INTERPRETATION: The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both Parties in a mutual effort.
Name: Inform.Guide.Hire, LLC (Client)
Representative signature: Susan Wos
Date: Date of Entry
Name: ____________ (Contractor)