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INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (hereinafter “Agreement”) is entered into this


____ day of May, 2011 by and between ____________, a Florida limited liability
company/corporation (hereinafter “Caterer”) and _______________, an individual (hereinafter
“Contractor”).

This Agreement is intended to set forth the terms of the relationship between Caterer and
Contractor. Caterer enters into this Agreement because it desires the performance of
Contractor’s professional services, as described herein.

Accordingly, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Caterer and Contractor jointly agree to the following terms and
conditions:

1. Term of Contract

This Agreement will become effective on the date first written above and will continue in
effect through June 27, 2011, unless earlier terminated by either party as set forth herein.

2. Scope of Services

Contractor shall provide the following services to Company on June 25 - 26, 2011
(“Event Date”):

a. Food Preparation

b.

c.

3. Independent Contractor Status

The parties agree that the relationship between them is that of independent contractor and
that neither party shall have any authority to represent or bind the other and that neither party
shall hold itself out nor have any authority as an agent of the other for any purpose whatsoever
except as provided herein or in any other written agreement executed between the parties.
Nothing in this Agreement shall be interpreted or construed as creating or establishing an
agency, employer/employee or joint venture relationship between the parties.

Both parties acknowledge that Contractor is not an employee of Jelly Bean Food Services
LLC for state or federal tax purposes and that Contractor shall be solely responsible for the
payment or withholding of any compensation, payroll taxes or deductions, social security,
disability, workers compensation or unemployment insurance coverage for or on behalf of
Contractor, its employees or agents.
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4. Specific Services.

Caterer retains Contractor to perform the professional services and accomplish the tasks
set forth in this Agreement on the Event Date. Contractor covenants that the work performed
hereunder will be of the highest professional standards and quality and shall comport with
Caterer’s expectations regarding decorum and presentation.

Contractor covenants and agree to arrive at the designated venue at least one day prior to
the Event start time of 12:00 p.m. for set up and preparation. Contractor shall notify or inform
Caterer of any special equipment, tools or materials required to carry out the services set forth
herein.

5. Compensation

Caterer will pay Contractor a one-time flat rate of $____________________USD.


Caterer shall pay Contractor an initial deposit of $___________USD upon the execution of this
Agreement, and shall pay the remaining balance to Contractor on the Event Date upon
completion of the services set forth herein. Contractor’s compensation includes all materials and
ingredients required to carry out the services set forth herein.

Contractor shall be responsible for all other costs and expenses incidental to the
performance of services for Caterer, including but not limited to, all costs associated with
Contractor’s licenses, insurance, and all other costs of doing business. Contractor shall bear the
cost of Contractor’s transportation to and from the place at which services are rendered.

6. Cancellation

If Contractor terminates this Agreement within five (5) days of the event or otherwise
fails in the performance of its obligations hereunder, Contractor shall be liable for all actual costs
incurred by Caterer, clients and other third party vendors as a result of such cancellation or
failure to perform. If the event is canceled by circumstances beyond the control of Caterer,
including, without limitation, any cancellation by the venue owner or event organizer, Caterer
shall not be liable to Contractor for any amounts under this Agreement and Contractor shall
refund to Caterer any amounts already paid to Contractor upon notice of such cancellation.

7. Non-Solicitation

Contractor acknowledges that during the course of performing its services hereunder,
Contractor will come into contact with the guests, invitees, staff and others attending or affiliated
with the Event. Contractor will not fraternize with guests or attendees other than reasonably
required in the performance of services under this Agreement, and will not, directly or indirectly
through a third-party, solicit any non-Jelly Bean business without prior consent of Caterer.

8. Confidentiality

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Contractor acknowledges that it may have access to Caterer’s Confidential Information.
Contractor agrees to not disclose to or use for the benefit of any person, corporation, entity or
itself any Confidential Information at any time during or after the termination of this Agreement.
In addition, Contractor shall use his best efforts to prevent any such disclosure. For purposes of
this Agreement, the term “Confidential Information” shall include: trade secrets, technologies,
customer lists, supplier lists, employees, business and marketing plans and techniques, financial
and operating results, markets, sales, backlog, hardware, software, means, designs, methods,
processes of doing business, books and records, customer and supplier identities and
characteristics, agreements, marketing knowledge and information, sales figures, pricing
information, strategies, forecasts, financial information, budgets, research papers, projections,
procedures, routines, quality control and manufacturing procedures, processes, formulas,
innovations, means, inventions, patent applications, original works of authorship, compilations,
discoveries, improvements, research or development and test results, specifications, data, know-
how, formats, plans, sketches, specifications, drawings, models, and any other information or
procedures that are treated as or designated secret or confidential by Caterer or its clients or
potential clients.

9. Indemnification and Limitation of Liability

Contractor (including Contractor’s heirs, representatives and assigns) agree, to the fullest
extent permitted by law, to fully indemnify and hold Caterer, its officers, employees, agents,
representatives and assigns harmless for all liabilities, claims, losses, costs, damages of any
nature whatsoever including, without limitation, attorneys’ fees, expert witness fees and court
costs, incurred by any person in connection with Contractor’s performance of the services herein
and Caterer assumes no liability for the same. In carrying out its services hereunder, Contractor
agrees to comply with all applicable laws, rules and regulations relating to the Event, venue and
services and Contractor shall be liable for any fines, fees or damages resulting from Contractor
not adhering to any such law, rule or regulation.

Neither party shall be liable to the other whatsoever for any special, consequential,
indirect, exemplary or punitive damages, including any damages on account of lost profits, lost
data, loss of use, or lost opportunity, whether or not placed on notice of any such alleged
damages and regardless of the form of action in which such damages may be sought. Any fees
or costs due under this Agreement are not considered special damages or lost profits and shall
not be limited by these provisions.

10. Choice of Law

This Agreement shall be construed in accordance with the laws of the state of Florida. The
Parties agree that any dispute, claim or controversy arising under, out of or relating to this
Agreement shall be submitted for adjudication and/or settlement by arbitration proceedings in
accordance with the American Arbitration Association, and any determination thereon shall be
binding upon the Parties with the same force and effect as if rendered by a court of competent
jurisdiction, and judgment thereon may be entered by any Party. The parties shall each bear their
own costs for legal representation at any such arbitration, and shall split the cost of the arbitrator
and court costs, if any.
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11. Assignment

Contractor shall not assign its rights or delegate its duties or obligations under this
Agreement without the prior written consent of Caterer.

12. Notices

Whenever notice is required or demanded under this Agreement, it shall be in writing and
personally delivered, or sent by United States Postal Service registered or certified mail to the
address stated below. Each party may change the address by written notice in accordance with
this paragraph.

TO THE
COMPANY:

TO THE
CONTRACTOR:

13. Invalidity

The unenforceability, invalidity or illegality of any provision of this Agreement shall not
render any other provision unenforceable, invalid or illegal and shall be subject to modification
or reformation to the extent possible to best express the original intent of the parties.

14. Counterparts

This Agreement may be executed in one or more counterparts, including facsimile copies,
each deemed an original and comprising a single instrument when fully executed.

Wherefore, the parties hereto have executed this Agreement on the date first written above.

Company: Contractor:

By: ______________________ By: _______________________

Name: ___________________ Name: _____________________

Title: _________________ Date: ______________________

Date: __________________

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