INDEPENDENT CONTRACTOR AGREEMENT
(The Snuggle Buddies LLC)
This Independent Contractor Agreement (“Agreement”) is entered into as of
_______________ __, _______, by and between The Snuggle Buddies LLC, with a principal place of
business at 34 Albany Road Marlton NJ 08053 (“Company”), and ___________________________,
an
independent
contractor,
with
a
principal
place
of
business
at
______________________________________________ (“Contractor”).
1.
Services.
1.1 . Services. Contractor will perform the services for Company as an independent
contractor. The services are platonic companionship with a Client. A Client is a paying customer of
Company. No sexual activity or nudity is permitted. Any sexual activity or nudity will result in immediate
termination. Contractor agrees to not break any federal, city, state or county laws, statutes or regulations
while performing services with the Client and agrees to perform any reasonable acts requested by the
Client that is in accordance with the above. All work between Contractor and Client must first be
approved and scheduled by Company. When a Client wants a new appointment, the Company must be
informed of all details including the day, time, and session duration.
1.2
Indemnification and Hold Harmless Provision. The Independent Contractor
agrees hereby to indemnify and hold harmless the Agency from any and all claims by the Independent
Contractor which may arise out of and in the course of the performance of his/her duties hereunder. Any
and all claims for unemployment benefits and or claims for worker's compensation benefits are hereby
expressly waived by the Independent Contractor who agrees to maintain his/her own liability, professional
liability, health, and accident insurance as may be necessary or required by the Agency.
1.3
Relationship of the Parties . Contractor enters into this Agreement as, and
shall continue to be, an independent contractor. All Services shall be performed only by Contractor and
Contractor's employees. Under no circumstances shall Contractor, or any of Contractor's employees, look
to Company as his/her employer, or as a partner, agent or principal. Neither Contractor, nor any of
Contractor's employees, shall be entitled to any benefits accorded to Company's employees, including
without limitation worker's compensation, disability insurance, vacation or sick pay. Contractor shall be
responsible for providing, at Contractor's expense, and in Contractor's name, unemployment, disability,
worker's compensation and other insurance, as well as licenses and permits usual or necessary for
conducting the Services.
1.4
Compensation and Reimbursement. Contractor will receive (fifty percent)
50% of the Total Session Price that a Client pays for with Contractor. Total Session Price is the
amount of money the client pays for Company services. Rates that Clients pay to calculate Total Session
Price are found on Company website. Contractor will receive compensation for travel directly from Client
and travel costs are not calculated into Total Session Price. No other fees and/or expenses will be paid to
Contractor. The Independent Contractor shall not be entitled to any other compensation or benefit other
than for work performed. Contractor shall be solely responsible for any and all taxes, Social Security
contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes
applicable to such compensation. Contractor hereby indemnifies and holds Company harmless from, any
claims, losses, costs, fees, liabilities, damages or injuries suffered by Company arising out of Contractor's
failure with respect to its obligations in this Section 1.3.
1.5 Specifics Once the Contractor accepts an assignment, he/she is to provide the agency
with no less than 24 hours’ notice when unable to complete the assignment. The Contractor is to be
punctual, properly dressed with good hygiene, have reliable transportation. If Client gives cash for
Company Services (Total Session Price as defined above) directly to the Contractor, the Contractor will
send the Company’s portion of the money to Company and Contractor will keep their portion of the
money. The split as defined in 1.4 is 50/50 (fifty/fifty) split. Clients that paid cash to Contractor for
appointments on the days Sunday, Monday, Tuesday, and Wednesday require the Contractor send the
Company’s portion (fifty percent 50%) of the payment to the Company at the Company’s main address by
the first Friday after those days. Clients that paid cash to Contractor for appointments on the days
Thursday, Friday, and Saturday require the Contractor send the Company’s portion (fifty percent 50%) of
the payment to the Company at the Company’s main address by the first Monday after those days. If
money that is owed is not paid by the due days defined above after 2 weeks, then a weekly late fee of
15% of the amount of money owed is charged to the Contractor. All appointments made by Clients are to
be made through the Company and not through the Contractor.
2. Noncompeting Covenant
2.1 Clause 1. It is further acknowledged and agreed that during the Contractor’s
employment and following termination of the Contractor’s employment with The Snuggle Buddies
LLC for any reason the employee shall not hire or attempt to hire or induce the termination for
any current employees of The Snuggle Buddies LLC for a period of 1 year.
2.2 Clause 2. It is further acknowledged and agreed that during the Contractor’s
employment and following termination of the Contractor’s employment with The Snuggle Buddies
LLC for any reason the employee shall not solicit business from current Clients or Clients who
have retained The Snuggle Buddies LLC in the 6 month period immediately preceding the
employee’s termination for a period of 1 year.
2.3 Clause 3. It is further acknowledged and agreed that during the Contractor’s
employment and following termination of the Contractor’s employment with The Snuggle Buddies
LLC for any reason the employee shall not seek or gain employment with the competition of the
employer for a minimum of 1 year within a 400 mile radius of Marlton, NJ 08053.
2.4 Clause 4. It is further acknowledged and agreed that during the Contractor’s
employment and following termination of the Contractor’s employment with The Snuggle Buddies
LLC for any reason the employee shall not directly or indirectly solicit business from, or attempt to
sell, license or provide the same or similar services as are now provided to, any customer or Client
of The Snuggle Buddies LLC for a minimum of 1 year within a 400 mile radius of Marlton, NJ
08053.
3. Termination of Agreement.
3.1 Term. This Agreement shall be effective from the date first listed above unless
sooner terminated by either party in accordance with the terms and conditions of this Agreement
(“Term”). This Agreement is terminable by either party at any time, with or without cause, effective
upon notice to the other party. If Company exercises its right to terminate the Agreement, any obligation it
may otherwise have under this Agreement shall cease immediately, except that Company shall be
obligated to compensate Contractor for work performed up to the time of termination. If Contractor
exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement
shall cease immediately.
3.2 Continuing Obligations of Contractor. The provisions of Sections 1.1 (as relates
to creation and ownership of copyright), 1.2, 1.3, 1.4, 1.5, 2, 3.2, and 4 shall survive expiration or
termination of this Agreement for any reason.
4. Additional Provisions.
4.1 Governing Law and Attorney’s Fees . This Agreement shall be governed by and construed in
accordance with the laws of the State of New Jersey, without regard to its choice of law principles.
The parties consent to exclusive jurisdiction and venue in the federal and state courts sitting in
Burlington County, New Jersey. In any action or suit to enforce any right or remedy under this
Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to
recover its reasonable attorney’s fees, costs and other expenses.
4.2
Severability. If any provision of this Agreement shall be found invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as best to reasonably effect the intent of the
parties.
4.3 Entire Agreement. This Agreement, including constitutes the entire understanding and
agreement of the parties with respect to its subject matter and supersedes all prior and
contemporaneous agreements or understandings, inducements or conditions, express or implied,
written or oral, between the parties.
4.4 Injunctive Relief. Contractor acknowledges and agrees that in the event of a breach or
threatened breach of this Agreement by Contractor, Company will suffer irreparable harm and will
therefore be entitled to injunctive relief to enforce this Agreement.
4.5 Agency. Contractor is not Company’s agent or representative and has no authority to bind or
commit Company to any agreements or other obligations.
4.6 Amendment and Waivers. Any term or provision of this Agreement may be amended, and the
observance of any term of this Agreement may be waived, only by a writing signed by the party to
be bound. The waiver by a party of any breach or default in performance shall not be deemed to
constitute a waiver of any other or succeeding breach or default. The failure of any party to
enforce any of the provisions hereof shall not be construed to be a waiver of the right of such
party thereafter to enforce such provisions.
CAUTION: THIS AGREEMENT RESTRICTS YOUR RIGHT TO DISCLOSE OR USE
COMPANY’S CONFIDENTIAL INFORMATION DURING OR SUBSEQUENT TO YOUR
SERVICES.
CONTRACTOR HAS READ THIS AGREEMENT CAREFULLY AND
UNDERSTANDS ITS TERMS.
CONTRACTOR
COMPANY
CONTRACTOR (Print Name)
By:
Its:
SIGNATURE OF CONTRACTOR