INDEPENDENT CONTRACTOR (CLEANER) CONTRACT
THIS AGREEMENT (the "Agreement") is being made on Todays Date
CLIENT: Barefoot Vacation Rentals, 40120 Grenache Ct Murrieta CA 92563, firstname.lastname@example.org
CONTRACTOR: (Full Business name, address, email address)
(phone number of both parties appear again at the end of this document.)
By their responsible signatures at the bottom of this document both parties hereby acknowledge that they have read and understood all the terms contained herein and that they have the authority to bind themselves and their respective companies to the terms contained in this Agreement.
1.WORK TO BE PERFORMED.
CONTRACTOR hereby agrees to work for CLIENT as an independent contractor, providing the services described below starting on or about the date above and for an indefinite period thereafter, until CONTRACTOR's services are no longer needed by CLIENT. The CLIENT shall have the right to terminate the CONTRACTOR's services at any time it deems appropriate provided the CLIENT complies with the relevant notice provisions of this Agreement. The CONTRACTOR agrees to devote the necessary amount of time, energy, and attention required to satisfactorily complete, conclude or achieve the following duties and responsibilities ("Description of Services"):
See Barefoot Vacation Rental Cleaner Checklist – Attachment 1 - https://www.yourbarefootvacationrentals.com/cleaners-checklist/
*Soft goods may be sent to the cleaner's residence/business for ease of restocking.
2.SCOPE OF WORK.
CONTRACTOR's required services as stated herein, as well as any future assignments provided by CLIENT, shall be determined on a case-by-case basis only. CLIENT shall be under no legal obligation to guarantee CONTRACTOR any minimum number of assignments or any minimum number of hours of work. All work performed by the CONTRACTOR for the CLIENT shall be governed exclusively by the covenants contained in this Agreement. The CONTRACTOR shall perform any and all responsibilities and duties that may be associated with the Description of Services set for above, including, but not limited to, work which may already be in progress. The CONTRACTOR shall retain sole and absolute discretion in the manner and means for the carrying out of his/her activities and responsibilities contained in this Agreement, and shall have full discretion within the Scope of Work, but shall not engage in any activity which is not expressly set forth by this Agreement without first obtaining prior written authorization from CLIENT.
CONTRACTOR and CLIENT specifically agree that the CONTRACTOR is performing the services described in this Agreement as an independent contractor and shall not be deemed an employee, partner, agent, or joint ventures of CLIENT under any circumstances. Nothing in this Agreement shall be construed as creating an employer-employee relationship. The CONTRACTOR shall not have the authority to bind the CLIENT in any manner unless specifically authorized to do so in writing. The CONTRACTOR shall have no claim against CLIENT hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. CONTRACTOR further agrees to be responsible for all of his/her own federal and state taxes, withholdings and acknowledges that CLIENT will not make any FICA payments on CONTRACTOR's behalf CONTRACTOR shall pay all taxes incurred while performing services under this Agreement- including all applicable income taxes and if CONTRACTOR is not a cooperation, self-employment (Social Security) taxes. The CONTRACTOR further acknowledges and recognized that s/he shall complete and return to the CLIENT an IRS Form 1099 and related tax statements. The CONTRACTOR herein pledges and agrees to indemnify the CLIENT for any damages or expenses, including any related attorney's fees and legal expenses, incurred by the CLIENT as a result of CONTRACTOR's failure to make such required payments. Upon demand, CONTRACTOR shall provide CLIENT with proof such payments have been made.
4.EQUIPMENT & MEANS OF SERVICE.
CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the services contemplated by this Agreement. The CLIENT may, in its sole discretion, provide certain equipment if deemed necessary for a particular assignment or task without thereby creating a duty on CLIENTs part to do so again in the future. CONTRACTOR has the sole right to control and direct the means, manner, and method by which the services required herein will be performed. CONTRACTOR shall select the routes taken, days he/she is available to work, and the manner in which the work is to be performed. The CONTRACTOR shall not receive any training from CLIENT in the professional skills necessary to perform the services required by this Agreement. Any directions or advice provided to the CONTRACTOR regarding the Description of Services shall be considered a suggestion only and not an instruction.
CONTRACTOR is responsible for providing cost of cleaning for each property, prior to first cleaning. CONTRACTOR may walk property, and/or review property website prior to first cleaning. CONTRACTOR may not adjust the price without approval in writing from CLIENT.
In consideration of the services to be performed by the CONTRACTOR, CLIENT hereby agrees to pay CONTRACTOR weekly for work previously performed.
The invoice must include the following information:
(a) Property Name
(b) the date service was performed; and
(c) Predetermined price for cleaning the property
Invoices must be provided by 10 pm PST Sunday to Barefoot Vacation Rentals, for payment on Monday.
CONTRACTOR shall be responsible for all expenses incurred while performing services under this Agreement. This includes but is not limited to, automobile, and other travel expenses; Vehicle maintenance and repair costs; insurance premiums; road, fuel, and other taxes; fines; or cell phone expenses; meals; equipment; and all salary, expenses, and other compensation paid to employees or contract personnel the CONTRACTOR hires to assist on the work contemplated by this Agreement.
8.CONTRACTORS’ REPRESENTATIONS AND WARRANTIES.
The CONTRACTOR hereby represents that s/he has complied with all Federal, State, and local laws regarding business permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out the services contemplated by this Agreement and shall provide proof of same upon request by the CLIENT. The CONTRACTOR also represents and warrants that his/her relationship with the CLIENT will not cause or require that s/he breach any obligation or confidence related to any confidential, trade secret, and/or proprietary information of any other person, company, or entity. Furthermore, the CONTRACTOR acknowledges that s/he has not brought and will not bring or use in the performance of his or her duties for the CLIENT any proprietary or confidential information, whether or not in writing, of a former contracted company or other entity without that entity's written permission or authorization. The breach of this condition shall result in automatic termination of the relationship as of the time of the occurring breach.
9.DEFINITION PROPRIETARY INFORMATION.
For the purpose of this Agreement, "Proprietary Information" shall include, but is not limited to, any information, observation, data, written materials, records, documents, photographs, layouts, computer programs, multimedia, social media, inventions, discoveries, improvements, developments, logo, promotional ideas and material, customer lists, customer files, pricing information, process, marketing information, technique, trade secrets, marketing, advertising, business or finances of the CLIENT, its affiliates, subsidiaries or other related entities. The CONTRACTOR acknowledges that this information has economic value, actual or potential value, that is not generally known to the public or to others who could obtain economic value from its disclosure or use, and that this information is subject to a reasonable effort by the CLIENT to maintain its secrecy and confidentiality. The CONTRACTOR shall comply with any reasonable rules established from time to time by the CLIENT for the protection of the confidentiality of any proprietary Information.
10.RETURN OF PROPRIETARY INFORMATION.
Any and all documents, equipment, and keys which may be related to the Description of Services as set forth in this Agreement, or any other Proprietary Information shared with CONTRACTOR, shall be maintained by the CONTRACTOR at his/her principal place of business. Upon termination of this Agreement, or upon the request of CLIENT, the CONTRACTOR shall promptly and immediately return to CLIENT any and all property in its possession or under its care and control, including but not limited to, documents, linen, or home decor, keys, or any other Proprietary Information such as customer names and lists. CONTRACTOR acknowledges that any breach or threatened breach of this Section of the Agreement will result in irreparable harm to CLIENT for which monetary damages could be an inadequate remedy. Therefore, CLIENT shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach by CONTRACTOR as outlined in this Agreement. Such equitable relief shall be in addition to CLIENT's rights and remedies otherwise available at law.
11.EXCLUSIVITY, MARKETING, AND ADVERTISING.
CONTRACTOR understands that while working on an assignment provided by CLIENT he/she represents CLIENT and not any other business. While on assignment for CLIENT, CONTRACTOR shall not solicit work for him/herself, and shall only distribute CLIENTs business cards, name, and marketing materials. While not on one of CLIEINTs assignments, CONTACTOR may pursue other work for him/herself as long as it does not directly compete with CLIENT as described in this Agreement.
12.CLIENT’S RIGHT TO SUSPEND OR ALTER WORK.
The CLIENT reserves the right to inspect, stop, and/or alter the work of the CONTRACTOR at any time to assure its conformity with this Agreement, and the CLIENTs needs. At any time, the CLIENT may, without cause, direct the CONTRACTOR, by way of providing one (1) day prior written notice, to suspend, delay or interrupt, work or services pursuant to this Agreement, in whole or in part, for such periods of time as the CLIENT in its sole discretion may see fit or necessary. Any such suspension shall be affected by the delivery of a written notice to the CONTRACTOR of said suspension specifying the extent to which the performance of the work or services under this Agreement is suspended, and the date upon which the suspension becomes effective. The suspension of work and/or services shall be treated as an excusable delay. Moreover, if at any time the CLIENT believes that the CONTRACTOR may not be adequately performing its obligations under this Agreement or may be likely to fail to complete their work/services on time as required, then the CLIENT may request from the CONTRACTOR provide written assurances of performance and a written plan to correct observed deficiencies in performance. Any failure to provide such written assurances constitutes grounds to declare a default under this Agreement.
Either party may terminate this Agreement in whole or in part, whenever they shall determine that termination is in their best interest. Termination shall be affected by providing 14 days written notice of termination specifying the extent to which performance of the work and/or services under this Agreement is terminated, and the date upon which such termination shall become effective. The CONTRACTOR shall then be entitled to recover any costs expended up to that point, but no other loss, damage, expense, or liability may be claimed, requested, or recovered except as provided in this Agreement. In no event shall the CLIENT be liable for any costs incurred by or on behalf of the CONTRACTOR after the effective date of the notice of termination. The termination pursuant to the provisions contained within this paragraph shall not be construed as a waiver of any right or remedy otherwise available to the CLIENT. In addition, if the CONTRACTOR is committed of any crime or offense, fails or refuses to comply with the 'written policies or reasonable directive of CLIENT, is guilty of serious misconduct in connection with performance hereunder, or materially breaches any provisions of this Agreement, the CLIENT may terminate the engagement of the CONTRACTOR immediately and without prior written notice.
CONTRACTOR hereby acknowledges
(i) the unique nature of the protections and provisions established and contained within this Agreement;
(ii) that the CLIENT will suffer irreparable harm if CONTRACTOR were to breach any of said protections or provisions or his/her obligations under this Agreement; and (iii) that monetary damages may be inadequate to compensate the CLIENT for such a breach. Therefore, if CONTRACTOR were to breach any of the provisions of this Agreement, then CLIENT shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
CONTRACTOR warrants and acknowledges that he/she shall be liable for any loss or any other financial liability suffered by CLIENT due to CONTRACTOR's failure to perform an assignment as contemplated by this Agreement. Other than a documented medical emergency or an "Act of Nature" beyond C0NTRACTOR's control, CONTRACTOR shall be solely responsible for any loss caused by CONTRACTOR's failure to perform. In addition, CLIENT shall not be liable for any loss or damage to CONTRACTOR's equipment under the terms of this Agreement. CONTRACTOR's equipment shall be CONTRACTOR's sole and exclusive responsibility.
The CONTRACTOR shalt defend, indemnify, hold harmless, and ensure the CLIENT from any and all potential damages, expenses or liabilities, which may result from or arise out of any negligence or misconduct on part of the CONTRACTOR, or from any breach or default of this Agreement which may be caused or occasioned by the acts of the CONTRACTOR. The CONTRACTOR shall also ensure that all of its employees and affiliates take all actions necessary to comply, with all the terms and conditions established and set forth in this Agreement
17.CHOICE OF LAW.
This Agreement is to be construed pursuant to the current laws of the State of California without giving effect to any conflict of laws principle. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of California in the County of Riverside.
This document and any schedules attached hereto constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and carry no further force or effect. This Agreement shall be considered a separate and an independent document of which it shall supersede any and all other Agreements, either oral or written between the parties hereto, except for any separately signed Confidentiality, Trade Secret, Non-Compete or Non-Disclosure Agreements to the extent that these terms are not in conflict with those set forth herein.
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
20.MODIFICATIONS OR AMENDMENTS.
No amendment, change or modification of this Agreement shall be valid unless in writing and signed by both parties hereto with the same degree of formality as this Agreement.
Both the CONTRACTOR and the CLIENT hereby acknowledges that they have received a signed copy of this Agreement.
In witness whereof, the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
By signing below, you agree to the Terms and Conditions of the Barefoot Vacation Independent Contractor Cleaning Contract.
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Your legal name
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Signed by Jessica Hinton
Signed On: January 9, 2021
If you have questions about the contents of this document, you can email the document owner.
Document Name: INDEPENDENT CONTRACTOR (CLEANER) CONTRACT
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