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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:


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             ___________    ,             ______________     .



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.



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.



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       _______________           .


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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