Non-Agency Artist Agreement


THIS AGREEMENT is made and entered into on

by and between MG Beauty, Inc. DBA MG Hair and Makeup, (hereinafter “Company”), and  

, (hereinafter “Contractor”), a resident of

 

 

                WHEREAS, the Company is a provider of Hair and Makeup services and desires to engage Contractor to perform the Company’s Services; and,

 

                WHEREAS, Contractor desires to accept such appointment and to perform all the provisions of this Agreement.

 

                NOW THEREFORE, in consideration of the mutual covenants, benefits and obligations contained in this Agreement, the adequacy of which is hereby acknowledged, the parties hereto do hereby mutually agree as follows:

 

  1. Duration.   The term of the Agency created shall be 5 years, beginning at the above date, unless sooner terminated and can be extended based on the mutual expressed interest of both parties.

 

  1. Contractor’s Best Efforts and Non-Compete.  Contractor agrees to devote Contractor’s whole time and best efforts while representing the Company to the business of the Company under the direction of the Company’s officers or representatives, and to conform to the best of Contractor’s ability with the rules, regulations and instructions of the Company now enforced or that may be adopted in the future. Failure to comply with the rules, regulations and instructions of the Company may result in forfeiture of payment of services.

 

               Contractor, having agreed to devote Contractor's whole time and best efforts while working under contract to the Company's business as referred by the Company in respect to on-location hair and makeup services, shall not purchase or deal in auction services in any way during the continuance of this Agreement.  Contractor will not engage, directly or indirectly, either for Contractor or as an employee or agent of any other party, in the promotion of, sale of, or conducting of auction services, in the United States of America, to any customer or client referred to Contractor by the Company.

 

  1. Non-disclosure of Company’s Affairs.  Contractor agrees to keep confidential such information as the Company may from time to time impart to Contractor regarding the Company’s business affairs and customers.  Contractor will not, in whole or in part, now or at any time, disclose such information to any person or entity as such is considered as property of the Company.

 

  1. Payment.  The Company will pay Contractor the agreed upon rate for business referred to Contractor, by the Company. Rates may vary based on the specific dates, times, services and other details. The Company shall pay Contractor upon receipt of the completion of services form, in the due course of business.               

 

  1. Independent Contractor Relationship. The parties intend that an independent contractor relationship will be created by this Agreement.  Contractor shall not be considered an employee of the Company for any purpose.  Neither Contractor nor employees of Contractor are entitled to any of the benefits the Company provides for its employees.  In the performance of Services, Contractor, as an independent contractor, shall control and direct the performance of Services, the Company being interested only in the results obtained.  Contractor's Services, however, must meet the approval and minimum specifications of the Company and be subject to the Company’s general right to observe and inspect said services to assure compliance with Contractor's obligations.

 

                As an independent contractor, if applicable, Contractor shall be solely responsible for paying its employees.  The Contractor shall be solely responsible for paying all FICA and other state or administrative taxes, workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing and other benefits for the Contractor and its employees, servants and agents. This Agreement does not create a joint venture or partnership, and neither party has the authority to bind the other to any third party.

 

  1. Insurance.  The Contractor shall, prior to the provision of the Services, furnish the Company with current certificates of coverage of the Contractor, and proof of payment by the Contractor, for workers’ compensation insurance (even if the same is not required by applicable state law), general liability insurance, motor vehicle insurance and such other insurance as the Company may require from time to time.  The Contractor shall maintain all such insurance coverage and shall, prior to the provision of the Services, furnish the Company with certificates of renewal coverage and proofs of premium payments.  If the Contractor fails to pay a premium for insurance required by this Section before it becomes due, the Company may pay the premium and deduct the amount paid from any payments due the Contractor, or otherwise recover the balance from the Contractor.

 

  1. Risk; Indemnification.  The Contractor shall perform the Services at its own risk.  The Contractor assumes all responsibility for the condition of tools, equipment, and product.  The Contractor warrants that all tools, equipment , products and materials used in the performance of the Services, are owned, leased, or otherwise in the exclusive control of the Contractor, and are not owned by the Company.  The Contractor agrees to indemnify and hold harmless the Company from any claims, actions, causes of action, demands, rights, damages, losses or costs arising from, or in any way related to, the undertaking and completion of the Services, or any obligations of Contractor required by relevant statutes or regulations.

 

  1. Written and Promotional Materials.   The Contractor understands and agrees not to use any training materials, promotional materials, agreements or other property of the Company for the benefit or promotion of anything other than the Company.  The Contractor may not use the Company's name nor any of the above listed materials without the Company's written consent.

 

  1. Assignment.  The rights and obligations of the Company under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Company.  The Contractor may not assign this Agreement without the prior written approval of the Company.

 

  1. Construction.  The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of New York.  In the event any provision of this Agreement shall be held illegal or invalid for any reason, said illegality or invalidity shall not in any way affect the legality or validity of any other provision hereof.

 

  1. Venue.  Any action at law, suit in equity or judicial proceeding arising directly, indirectly or otherwise in connection with, out of, related to or from this Agreement or any provision hereof shall be litigated only in the courts of the State of New York, County of New York.  Contractor waives any right Contractor may have to transfer or change the venue of any litigation arising from or in any way related to the formation and performance of this Agreement, and the undertaking and completion of the Services.

 

  1. Enforcement.  If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

 

  1. Notices.  All notices, requests, demands and other communications under this Agreement shall be in writing, shall be deemed to have been duly given on the date of service if personally served on the parties who notice is to be given, or on the second day after mailing if mailed to the parties to whom notice is given, by first class mail, postage prepaid, and properly addressed as per the above Client address and the below Company address. Any party may change the address for the purpose of this paragraph by giving the other written notice of the new address in the manner set forth above.

 

  1. Entire Agreement.  This Agreement sets forth the entire agreement between the Company and Contractor and there are no undertakings, covenants or commitments other than as set forth herein.  This Agreement may not be altered or amended, except by a writing executed by the party against whom such alteration or amendment is to be enforced.

 

  1. Contractor’s Expenses.  All expenses for traveling, entertainment, office, clerical, office and equipment maintenance, and general selling expenses that may be incurred by Contractor in connection with this Agreement will be born wholly by Contractor.  In no case shall the Company be responsible or liable for such expenses.

 

  1. Termination. This agreement may be terminated by Contractor with thirty days written notice to the company. The Company may terminate this agreement if the Contractor fails to perform services at the specified time, or in the event of Contractor’s insolvency or filing for bankruptcy, or if the Company deems that a continued business relationship is not beneficial to the Company.

 

  1. No Waiver.  The failure of either party to this Agreement to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, should not be construed as subsequently waiving any such terms and conditions, but the terms and conditions shall continue and remain in full force and effect as if no such forbearance have occurred.

 

  1. Indemnification.  Contractor agrees to indemnify and hold the Company harmless, and /or its agents and employees, against any claims, actions, causes of action, demands, rights, damages, losses or costs that may result or occur because of any warranty or representation made by Contractor as to the manner of the provision, or the results of the services at the time of sale or otherwise, or failure by Contractor to perform any obligations of Contractor required by statutes, regulations, or the terms of this agreement.

 

 

WHEREFORE, the parties hereto have executed this Agreement as of the date first written above.

 

 

MG Beauty, Inc.:                                                                         MG Beauty, Inc.

By: Megan Garmers                                                                   132 East 43rd Street, #141

Its: President and CEO                                                               New York, NY 10017

 

 

 

 

 

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Signature Certificate
Document name: Non-Agency Artist Agreement
lock iconUnique Document ID: 0511c17d8a26add159a034eadb7d4159966b9a19
Timestamp Audit
May 28, 2019 10:50 am EDTNon-Agency Artist Agreement Uploaded by MG Hair and Makeup - info@mghairandmakeup.com IP 24.191.18.59
May 28, 2019 11:02 am EDTMG Hair and Makeup - info@mghairandmakeup.com added by MG Hair and Makeup - info@mghairandmakeup.com as a CC'd Recipient Ip: 24.191.16.65
May 28, 2019 11:18 am EDTMG Hair and Makeup - info@mghairandmakeup.com added by MG Hair and Makeup - info@mghairandmakeup.com as a CC'd Recipient Ip: 24.191.16.65
May 28, 2019 11:21 am EDTMG Hair and Makeup - info@mghairandmakeup.com added by MG Hair and Makeup - info@mghairandmakeup.com as a CC'd Recipient Ip: 24.191.16.65
May 28, 2019 11:23 am EDTMG Hair and Makeup - info@mghairandmakeup.com added by MG Hair and Makeup - info@mghairandmakeup.com as a CC'd Recipient Ip: 24.191.16.65
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