Independent Contractor Agreement
The following represents an agreement between Toby Wesenberg – Makeup Artist and the Independent Contractor hired to assist with makeup services for a detailed booking outlined below. In this Agreement, Toby Wesenberg – Makeup Artist is the party who is contracting to receive the services, and the party or Independent Contractor who will be providing the services shall be referred to as "Contractor".
***Please read through carefully and then complete the information at the end of this page, and click on "Agreement of Terms".
Terms & Policies
1. DESCRIPTION OF SERVICES. On September 17, 2016 Contractor will provide bridal makeup services to 3 clients of Toby Wesenberg – Makeup Artist.
Date: Saturday September 17, 2016
Time: 10am arrival
Approximate time finish: 1:30pm (purchase additional parking time for clean up and walking back to vehicle – at least until 2:30pm)
Location: Playa Del Sol, 654 Cook Rd, Kelowna, BC V1W 3G7
Parking: Since street parking in that area is limited, please park in the lot across from the Hotel El Dorado, at 3786 Lakeshore Road (Cook Road Boat Launch Lot). There, you can purchase parking at an hourly rate, at a maximum of $5 (this amount will be included in your payment). The 10am arrival allows for time to park and walk to the location of makeup services.
The Contractor will bring/use their own sanitized tools/brushes and products, but may have access to Toby Wesenberg – Makeup Artist’s kit for use on clients.
2. PAYMENT FOR SERVICES. Toby Wesenberg – Makeup Artist will pay compensation to Contractor for the Services in the amount of $35 per face, to a total of $110 CAD, including $5 for parking. This compensation shall be payable in a lump sum after agreed upon services have been provided by the Contractor, and after the Contractor has provided an invoice for said services to Toby Wesenberg – Makeup Artist (email said invoice to: firstname.lastname@example.org). The amount of $110 will be paid by email transfer at that time. Contractor may keep any tips they earn on the job.
3. RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor is an independent contractor with respect to Company, and not an employee of the Company. Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
4. WORK PRODUCT OWNERSHIP. Any works, ideas, discoveries, inventions, products, or other information, developed in whole or in part by the Contractor in connection with the Services shall be the exclusive property of the Company.
5. CONFIDENTIALITY. Contractor may have had access to proprietary, private and/or otherwise confidential information of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Contractor will return to Company all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Contractor during the term of this Agreement.
6. EMERGENCIES: The Contractor agrees to provide the services agreed upon in this contract. Should the Contractor encounter an emergency situation whereby they are unable to perform said duties, they must: 1) inform Toby Wesenberg – Makeup Artist as soon as possible, AND 2) find a suitable professional replacement to be approved by Toby Wesenberg – Makeup Artist.
7. CANCELLATION: In the event that the Contractor wishes to cancel this agreement for any reason, a $250 cancellation fee will be applied, and charged to the Contractor at such time.
8. INJURIES. Contractor waives any rights to recovery from the Company for any injuries that the Contractor may sustain while performing services under this Agreement and that are a result of the negligence of the Contractor.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Contractor, the Contractor's employees, if any, and the Contractor's agents.
10. SOCIAL MEDIA CLAUSE. Independent Contractor will agree not to post, tweet, or otherwise share via social media, positive, negative, insulting, embarrassing, or flattering images or content of and clients who have contracted Toby Wesenberg – Makeup Artist. Photography by the Contractor is prohibited.
11: CONDUCT. Other policies of Toby Wesenberg – Makeup Artist that the Contractor must adhere to:
- Be reliable - show up on time.
- Look professional – dressed nicely/somewhat conservatively (suitable to the occasion) with no cleavage visible, and with full makeup (a bridal-friendly look).
- No being on the phone at all during the booking except to keep track of timing for client bookings.
- Be professional at all times – listen, speak positively, NO cursing or negative talk. If a client is being negative, try to lead them in a more positive direction with responses (ie: Client says, “I hate weddings!” you say, “but what a beautiful day to be outside today!”).
- If there is a quiet moment between makeups with nothing to do, please help clean brushes/clean the area/hand over tools, etc (be useful).
- If clients offer any champagne, or alcoholic beverage, please DECLINE. If offered water or juice, that is fine to accept. But bring your own water in case they don’t offer, as well as small snacks in case your stomach starts growling (to be consumed in between clients discreetly).
- If you are uncertain about anything, or a client asks you a question that you don’t 100% know how to answer, please ask me!