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Independent
Contractor's Agreement and Release
This agreement and release ("Agreement") is between you, as an
independent contractor, and Bay Area World Wide. This Agreement is
valid for any
period of time you are contracted to perform services for Bay Area
World Wide.
You warrant that you are over the age of twenty one (21) and competent
to
contract in your own name for purposes of this Agreement.
Independent
Contractor Relationship
You
understand
that you are an independent contractor and not an Independent
Contractor of Bay
Area World Wide and that you will have the exclusive control over the
means,
method and details of fulfilling your obligation. You agree to assume
all
responsibility for withholding applicable federal, social security,
state, city
taxes and for procuring public liability, as well as all other
applicable
insurance
You
understand
and agree that Bay Area World Wide assumes no responsibility for any
medical
expenses or other loss to person or property during, before or after
the
contract period. You acknowledge and agree that you (1) operate your
own
business or act as a sole contractor, (2) have insurance, and (3) are
not
entitled to make a Worker's Compensation claim.
Release
and
Indemnification
For and in consideration of this engagement as an independent
contractor for
Bay Area World Wide, you hereby release, discharge, and agree to hold
harmless
Bay Area World Wide and its representatives, assigns, Independent
Contractors
or any person or persons, corporation or corporations, acting under Bay
Area
World Wide permission or authority, or any person, persons, corporation
or
corporations for whom Bay Area World Wide might be acting including any
firm or
client of Bay Area World Wide, from and against any liability as a
result of
any physical impairment or loss during the contractual period.
You agree to indemnify and hold Bay Area World Wide, its officers,
agents and
Independent Contractors harmless from and against any and all
liabilities,
damages, losses, actions, or causes of action, costs, and expenses
(including
attorney's fees), whether relating to property of Bay Area World Wide
or of any
third party, or to personal injury or death, arising out of or in any
way contributed
to by the acts or failure to act of you, your agents, Independent
Contractors,
or officers. This provision shall survive termination of this Agreement.
Confidential
Agreement
For reasons of training, interviews, or questions we may provide your
name and
contact information (including, without limitation, your phone number
and email
address) to our clients. Other than for the reasons stated above, we
will not
share your personal information with our clients and our clients are
prohibited
from contacting you directly without the consent of Bay Area World
Wide. Any
contact or work performed for Bay Area World Wide client or partner
without
consent will be subject to a 25% fee owed to Bay Area World Wide on
every hour
worked by you for the Bay Area World Wide client or partner, as
applicable.
This type of behavior will be considered a breach of this Agreement and
you
agree that Bay Area World Wide may collect, and you will immediately
pay to Bay
Area World Wide, the above described fee in such event. This provision
shall
survive termination of this Agreement.
During
services at Bay Area World Wide, an Independent Contractor may
come across confidential information, whether in writing or told
verbally, of
the confidential nature of a specific item. All Independent Contractors
should
not at any time, without the prior written consent of the corporation,
disclose
to make available to any other person, concern, or entity, any
confidential
information, nor shall he/she make or cause to be made, either on
his/her own
behalf or on behalf of other, any use of confidential information.
Special
concern
on client confidential information must be given when dealing with Bay
Area
World Wide competitors, vendors, and/or previous Independent
Contractors who
may use information to Bay Area World Wide disadvantage.
Bay
Area World
Wide does not allow Independent Contractor to give interviews for trade
publications and speeches to trade groups without prior approval from
Director
of Programs.
Additionally,
an individual's compensation and pay rate are private information. It
is each
Independent Contractor's obligation to keep this between
himself/herself and
Bay Area World Wide.
Performance
of the Services
In
performing services for Bay Area World Wide, you
are a representative of Bay Area World Wide and the clients Bay Area
World Wide
serves. You agree to maintain the highest standards of professional
conduct
while performing services for Bay Area World Wide, including arriving
at any
designated site 15 minutes prior to call time, being courteous,
gracious,
cheerful and helpful. Bay Area World Wide has the right to overstaff
promotions
and send home, without pay, anyone who arrives late.
When
Bay Area World Wide contacts you to work a
promotion you are not obligated to accept. If you agree to work the
promotion or
event and cancel within 24 hours (or don’t show up), you will not be
called for
future work. In addition, you will be charged a flat rate of $25 per
event day
scheduled if you are unable to find a replacement.
Please
be certain you are available BEFORE you commit
to working. If you agree to work a promotion, and cancel outside of 24
hours
you will be giving a strike. After 3 strike you will be removed from
our list
for future promotions.
Services
at
Will
Except for an Independent Contractor who has a written agreement for
services
for a specified period of time entered into between that Independent
Contractor
and Bay Area World Wide, service by Bay Area World Wide is not for a
definite
term. Even with the agreement for a specified term, the Independent
Contractor
may be terminated. service may be terminated by Bay Area World Wide
with or
without cause and with or without notice, at any time, provided such
termination does not violate any applicable law prohibiting
discrimination on
account of race, creed, color, national origin, sex, age, veteran
status,
sexual orientation, disability, or any other protected group. An
Independent
Contractor may also terminate the services relationship at any time
with or
without cause.
Noting
in this
Independent Contractor handbook or any separate policy of Bay Area
World Wide
is intended to constitute a contract of services. All Independent
Contractors
of Bay Area World Wide is at will basis which means that the
Independent
Contractor may discontinue the services relationship on the same
grounds. Only
the President and CEO of Bay Area World Wide has the right to enter
into
agreement regarding length of services and grounds for termination and
any such
agreement must be in writing and signed by the President and CEO.
Every
Independent Contractor needs to understand that the policies set forth
in this
disclaimer are merely non-binding, general guideline policies which may
not
apply to every Independent Contractor in every situation. When it is
not
practical or desirable to follow these general guideline polices, Bay
Area
World Wide will handle these situation as deems appropriate.
Conflict
of
Interest/ Gift Policy
No Bay Area World Wide Independent Contractor or member of his/her
immediate
family will receive or accept any cash, gift, special accommodations,
favors,
use of property of facilities, travel, or anything deemed extravagant
from
anyone with whom the Bay Area World Wide Independent Contractor does
business
on behalf of Bay Area World Wide, which might take places either
him/her or the
company in a difficult, prejudicial, or embarrassing position or
interfere in
any way with the impartial discharge of his/her duties. This policy,
however,
is not intended to eliminate ethical and traditional business
relationship
functions and practices nor does it preclude the acceptance of token
momentous
of nominal value.
Notice
of
Payroll
Payment usually takes between 6-8 weeks, depending upon when Bay Area
World
Wide is paid by its clients. In no event will you be entitled to
receive
payment unless and until Bay Area World Wide is first paid in full by
the
client to whom the services are being performed. After Bay Area World
Wide has
received paid invoices from the client, it is expected that any payment
due to
you for such services will be processed within 3 business days.
Non-Solicitation
You agree not to contact any Bay Area World Wide clients or other
parties that
express interest in Bay Area World Wide promotions during the period of
time
you are performing services for Bay Area World Wide and for one-year
thereafter. If you are contacted by a third-party with an interest in
retaining
your or Bay Area World Wide's services, you agree to immediately refer
such
third party directly to Bay Area World Wide. This provision shall
survive
termination of this Agreement.
Governing
Law
You
further
agree that this Agreement is entered into in the State of California
and will
be governed by construed, litigated, and enforced in and according to
the laws
of the State of California.
I
have read the
foregoing Agreement Authorization and Release before agreeing below and
warrant
that I fully understand the contents thereof.
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