This independent contractor agreement is between Sydney Summers (“Contractor”), and Bodyscape (“Company”) located at 3850 SE Frank Phillips, Suite 7, Bartlesville, OK 74006 (“Location”). It is expressly understood by both parties that this is not an employment agreement, and that Contractor maintains their own, separate legal standing, liability, and licensing.
SERVICES – Contractor agrees to provide exclusive Esthetician services for the Company at the above Location. Business hours are restricted to Monday through Saturday, 9 AM – 8 PM Central time. Company will remain closed on Sundays. No after hours business is to be conducted at the Location.
LEASE – For the use of the Location to provided described Services, for the period of one (1) year from the date signed, Contractor agrees to pay the amount of $350 monthly for the use of one (1), assigned therapy room (“Space”), on the first day of each month. Full payment 1-3 days late will result in a $25 late fee. If more than 3 days late, Contractor will not be allowed to conduct business at Location until paid in full. Failure to remit full payment fourteen (14) days after due, will result in the termination of this Agreement. Other than the terms for termination described herein, the Lease may otherwise be terminated only by mutual written consent.
BEHAVIOR – Contractor is responsible to attend every scheduled appointment and provide professional quality services to the best of their ability. Contractor will arrive and be prepared for their client a minimum of 20 minutes prior to all scheduled appointments.
Contractor will conduct themself in a professional, respectful, and competent manner at all times. Professional therapeutic spa attire is required. No street clothes.
Contractor will immediately advise Company of any unusual patient actions, reactions, comments, or inappropriate requests. Company has a zero-tolerance policy for sexual activity during the conducting of business. Any sexual requests by clients will result in the termination of their appointment, with no refund, and they will not be scheduled for any future appointments. Any sexual activity on behalf of Contractor during the provision of Services will result in immediate termination of this Agreement and will be referred to the legal authorities for further action.
SUPPLIES – All supplies and equipment needed for Services shall be supplied by Contractor, at their own expense.
LIABILITY INSURANCE – Contractor will provide her own business liability insurance coverage, and must provide written proof that this is always current. Contractor agrees to hold the Company harmless in regards to any and all legal actions or liabilities brought against Contractor, both during this Agreement and in perpetuity. Contractor will not, under any circumstances, bring legal action against the Company, its owner, agents, or assigns.
LICENSING – Contractor will maintain, at their own expense, all licenses required by law in order to provide the Services described above. Failure to keep licensing current will result in an immediate suspension of access to the Location. Contractor will have no more than 30 days from the expiration date of the license to bring it current. During this agreement, Contractor’s state license must be on display at the Location, at the discretion of the Company.
STATE & FEDERAL RESPONSIBILITIES – Contractor maintains that they are solely responsible for their own federal, state, social security taxes, and any others as they apply. Company is not responsible for Contractor’s workers’ compensation insurance coverage, nor is any way responsible in the event of a work-place injury or accident. Contractor’s insurance will be used to pay any claims or expense arising from a work-place injury or accident involving the Contractor.
COMPANY REPUTATION – Although Contractor is a separate business, the words and actions of the Contractor reflect materially on the Company. As such, the following policies will be strictly enforced.
NON-COMPETE – Regarding any services that the Company provides, Contractor agrees to never offer for or attempt to convince, by any means, Company clients to become Contractor clients. This clause will remind in full effect for one (1) year following the termination of the Agreement. Violation will be considered substantial damage and will render the Contractor liable for financial damages.
PROBATIONARY PERIOD – In order to evaluate the quality and viability of this work arrangement, the first 60 days of this Agreement will be a probationary period. At the end of the probationary period, either party may terminate this Agreement. If is terminated, Contractor remains responsible for any outstanding financial obligations to the Company and the Contractors clients.
TERMINATION – Violation of any of the conditions described herein will result in the termination of this Agreement. Contractor acknowledges that they are not entitled to any refund of the rental fees or deposits, if any. Furthermore, if the date of termination is less than fourteen (14) days before the end of the month, the Contractor agrees to pay Company the equivalent of ten (10) dollars per day for each of the fourteen (14) days that extend into the following month.
This agreement is binding on both parties and may be terminated by either party at any time in writing, subject to the terms herein.