This agreement is sent on behalf of Tele Pay USA
3.
AGREEMENT
(a) The price of each engagement will be
negotiated and collected by Booking Agent. Principal
hereby authorizes Booking Agent to retain the amount
negotiated by Booking Agent, as its fee, to the extent said
amount exceeds the minimum guaranteed sum to
Principal as outlined on Page 3, All rates are (PTM) per
talk minute.
This Agency Agreement (hereinafter the
"Agreement") is made between the "Booking Agent",
Tele Pay USA, and the undersigned principal (hereinafter
referred to as "'Principal"), with reference to the
following facts."
RECITALS
WHEREAS, Booking Agent offers services as a
booking agent for the entertainment industry; and
WHEREAS, Principal is in the business of
providing entertainment services; and
WHEREAS, Principal desires to engage Booking
Agent to negotiate and book engagements on behalf of
Principal on the terms and conditions hereinafter set forth
and enumerated.
NOW, THEREFORE, for and in consideration of
the foregoing recitals, the mutual undertakings contained
in this Agreement, and other good and valuable
consideration, the adequacy and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1.
Scope of Engagements. Principal hereby hires
and employs Booking Agent to negotiate and book
entertainment engagements (hereinafter referred to
individually or collectively as "engagements") for
Principal.
(a) Principal represents and acknowledges that
he/she is not engaging Booking Agent to procure, offer,
promise, or attempt to procure employment or
engagements for the services of an actor, actress, model,
or other artist, and that he/she is not now, and will not
during the term of this Agreement engage in the business
or profession or assume the role of an actor, actress,
model, or other artist.
2.
Procurement of Engagements. Booking Agent
understands and agrees that the engagements and the time
at which they are performed shall be within the sole
discretion of Principal. Principal will notify Booking
Agent of Principal's desire to perform entertainment
engagements by dialling a phone number provided by
Booking Agent. Booking Agent agrees to exert a
reasonable effort to procure engagements for Principal;
however, Booking Agent makes no warranty or
representation that engagements will be available when
Principal elects to provide engagement services.
Payment for Services.
(b) The minimum guaranteed sum to Principal
described on Page 3 will be paid by check payable to the
business/DBA name of Principal in accordance with the
terms contained on Page 3.
(c) Booking Agent will not withhold any taxes in
connection with compensation collected by Booking
Agent for the benefit of Principal. Principal understands
and agrees that Principal is responsible to pay when due
all income taxes, including estimated taxes, incurred as a
result of the compensation paid to Principal in connection
with engagements negotiated under this Agreement. In
that regard, Principal is entirely responsible to manage
his/her own taxes and account for his/her income, and to
pay quarterly estimated taxes to the IRS and state taxing
agencies. Booking Agent will deliver a 1099 to Principal
at the end of each calendar year in accordance with law.
Principal agrees to indemnify Booking Agent for any
claims, costs, losses, fees, penalties, interest or damages
suffered by Booking Agent as a result of Principal's
failure to comply with this provision, including costs and
reasonable attorney's fees.
4.
Payment of Expenses. Principal is responsible
for all expenses incurred by Principal in connection with
the performance of engagements booked by Booking
Agent under this Agreement.
5.
Use of Employees or Agents. Principal may use
any employees or subcontractors that Principal deems
necessary to perform the engagements negotiated for
Principal under this Agreement. Principal is responsible
for providing, at his/her own expense, disability,
unemployment, and other insurance, workers'
compensation, training, permits, and licenses for
himself/herself and for his/her employees and
subcontractors. Principal will hold harmless and
indemnify Booking Agent for any and all claims arising
out of any injury or disability of any of Principal's
employees or agents.
Initial_______
6.
Non-Exclusive Relationship. Principal
understands and agrees that Booking Agent maintains
agency agreements with an unqualified number of persons
offering similar services, each of whom competes with
Principal for the same or a similar target market.
Principal acknowledges and agrees that Booking Agent
will have the right in its sole and absolute discretion to
select the person most suited for any particular
engagement. Likewise, Booking Agent understands and
agrees that Principal may perform engagements for, and
contract with as many other booking agents, clients,
persons or companies as Principal, in his/her sole
discretion, sees fit.
7.
Warranties.
(a)Principal warrants that he/she is over the age of 18.
(b) Principal warrants that he/she maintains all tools and
equipment required to complete the engagements it has
employed Booking Agent to procure and negotiate under
this Agreement.
(c) Principal warrants that he/she maintains the
qualifications and independent skills necessary to perform
the engagements described in this Agreement in a
competent manner, without supervision or advice.
(d) Principal warrants that he/she is not an actor, actress,
model, or other artist.
8.
Term of Contract. This Agreement will become
effective on the date signed and will continue in effect for
a period of 120 days, or until terminated as provided in
this Agreement. If this Agreement is extended beyond the
expiration of the stated term it will continue on a week-toweek basis on the same terms and conditions.
9.
Termination of Contract. Booking Agent may
terminate this Agreement, at any time, if Principal has or
has not materially breached this Agreement.
10.
Indemnity. Principal agrees to indemnify,
defend, and hold Booking Agent free and harmless from
and against any and all claims, demands, losses, costs,
expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties, attorneys' fees,
and costs, that Booking Agent may incur as a result of a
breach by Principal of any warranty, covenant, obligation
or promise contained in this Agreement, or arising out of
any engagement negotiated by Booking Agent under this
Agreement.
11.
Assignment. Principal may assign neither this
Agreement nor any duties or obligations contained in this
Agreement without the prior written consent of Booking
Agent.
12.
Proprietary Information. During the term of
this Agreement and for a period of two (2) years
following the termination of this Agreement, Principal
will not call on, solicit, or negotiate the same services
with any person with whom an engagement was
negotiated or procured by Booking Agent, unless pursuant
to this Agreement, without the express written permission
of Booking Agent.
13.
Entire Agreement of the Parties. This
Agreement supersedes any and all agreements, either oral
or written, between the parties with respect to the
rendering of services by Booking Agent for Principal and
contains all of the representations, covenants, and
agreements between the parties with respect to the
rendering of those services. Each party to this Agreement
acknowledges that no representations, inducements,
promises, or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any
party, which is not contained in this Agreement, and that
no other agreement, statement, or promise not contained
in this Agreement will be valid or binding.
14.
Partial Invalidity. If any provision of this
Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining
provisions will continue in full force and effect without
being impaired or invalidated in any way.
15.
Attorney Fees. In the event any action, suit or
other proceeding is instituted to enforce this Agreement,
or arising out of this Agreement, or to prevent or obtain
relief from a breach of this Agreement, or for a
declaration of rights under this Agreement, the prevailing
party shall recover all of such party's attorney fees
incurred in each and every such action, suit or other
proceeding, including any and all appeals or petitions
there from. As used herein, "attorney fees" shall be
deemed to mean the full and actual costs of any legal
services actually performed in connection with the matters
involved, calculated on the basis of the usual fee charged
by the attorneys performing such services, and shall not
be limited to "reasonable attorney fees" as defined in any
statute or rule of court.
16.
Waiver of Right to Contest Jurisdiction.
Principal hereby consents to jurisdiction over his/her
person in the State of New York in connection with any
action instituted to enforce this Agreement, or arising out
of this Agreement, or to prevent or obtain relief from a
breach of this Agreement or for a declaration of rights
under this Agreement.
17.
Governing Law. Principal acknowledges and
agrees that this Agreement was negotiated in the State of
New York, and will be governed by and construed under
the laws of the State of New York.
Initial _____________________
INDEPENDENT CONTRACTOR’S AFFIDAVIT
To: Tele Pay USA Services (Booking Agent)
Name: ______________________________
(Print)
From:
_______________________________________,
(Print Name)
Address:
____________________________________
States under oath as follows:
___________________________________
City, State Postal Code:
(1) I am eighteen years of age or older;
(2) Working as an independent contractor for
booking agent, and I am not an employee;
(3) I am responsible for and will pay my own
personal income taxes and withholding taxes
to any state, local or federal governing body;
(4) I shall be responsible for my own workers’
compensation insurance premiums and any
and all public liability insurance premiums;
and
(5) I understand that I am not entitled to receive
any employee benefits in any form from the
above-mentioned employer.
I fully understand the above and agree that
booking agent shall not be responsible for any
liabilities resulting from misrepresentations
made on this affidavit. I hereby agree to
indemnify and hold employer harmless for any
such misrepresentations.
Phone: _______________________________
Taxpayer I. D.
(SS# or EIN) ____________________
I, ____________________________, hereby
declare and state under penalty of perjury under
the Laws of the State of
that the forgoing is true and correct to the best
of my knowledge and belief.
By:
_______________________________________
(Signature)
Date___________________________________
This section must be filled out completely
Title: Principle
Name:
SSN or Corp #:
E-mail:
Address:
City:
State:
Zip:
Phone:
Chat
If you have 40 calls or more and your average hold time on all calls is:
10 minute or higher
.40 cents a minute
9 minute or higher
.30 cents a minute
8 minute or higher
.17 cents a minute
7 minute or higher
.12 cents a minute
Regardless of number of calls
Less than 6 minute hold time
.07 cents a minute
6 minute hold time or greater
.10 cents a minute
All Accounts Payable start Monday @12:00am (Eastern Standard Time) to Sunday @
11:59pm (Eastern Standard Time) Funds are mailed the following Friday
Amounts under $25.00 will be held and carried over until over $25.00 then automatically sent
The undersigned has read, understands, and agrees to the above-stated terms and conditions and agrees to them
this ________ day of ______________, 20
.
X
Principal
X
Booking Agent
Return signed agreement to:
Mail:
Fax:
P.O. Box 27692
or
1-714-685-0640
Anaheim Ca 92809-0123