INDEPENDENT EMPLOYMENT AGREEMENT
THIS AGREEMENT made and entered into on this the ___ day of __ , 20 __ , by and between _____ (hereinafter “ __________ “), and ________ (hereinafter “ ______ “).
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, _____ employs __________ , and _________ agrees to work for ___ under the terms and conditions hereby agreed upon by the parties:
SECTION 1 – EMPLOYMENT
1.1 Term. ________ __ agrees to employ the _________ , at will, beginning _________ , 20 ___ , and continuing until termination in accordance with Section 4.
1.2 Duties. ______ accepts employment with ________ on the terms and conditions set forth in this agreement, and agrees to act as an independent contractor to cut hair for ____________ at his shop located in ___________ , ______________ .
SECTION 2 – COVENANT NOT TO COMPETE
2.1 Non-Competition. During the term of this Agreement and for a period of two (2) years after the termination of employment for any reason with _________ , ____________ shall not, within __________ County, directly or indirectly (1) own (as a proprietor, partner, stockholder, or otherwise) an interest in; or (2) participate (as an officer, director or in any other capacity) in the management, operation or control of; or (3) perform services or act in the capacity of an employee, independent contractor, consultant or agent of any enterprise engaged, directly or indirectly, in the business of providing hair salon or beauty parlor services except with the prior written consent of _______________ .
2.2 Injunction. ______________ agrees that it would be difficult to measure damage to _______ from any breach by ____________ of Section 2.1 and that monetary damages would be an inadequate remedy for such breach. Accordingly, ______________ agrees that if ____________ shall breach Section 2.1 ____________ shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by _________ .
2.3 No Release. ___________ agrees that the termination of employment with _________ or the expiration of the term of this Agreement shall not release ___________ from any obligations under Section 2.1 or 2.2.
SECTION 3 – COMPENSATION
3.1 Base Compensation. In consideration of all services to be rendered by _______________ to _____ , _____________ shall pay to _________ a commission of _____________ % of income generated by ________ by cutting hair. Commissions will be paid each Saturday.
3.2 Withholding; Other Benefits. All compensation shall be paid gross and without deductions for taxes and shall be responsible for all taxes as an independent contractor.
SECTION 4 – TERMINATION
4.1 Termination at Will. The employment of _____________ by _____________ may be terminated immediately, at will, and in the sole discretion of __________ , with or without cause. ___________ may terminate her employment by ____________ upon seven (7) days written notice to . This Agreement also may be terminated at any time upon the mutual written agreement of ___________ and _______________ .
SECTION 5 – MISCELLANEOUS PROVISIONS
5.1 The provisions of this Agreement shall be binding upon and enured to the benefit of the heirs, personal representatives, successors and assigns of the parties.
5.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal.
5.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
5.4 This Agreement shall be governed by and shall be construed in accordance with the laws of the State of ______________ .
6.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.
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