INDEPENDENT CONTRACTORS AGREEMENT


This Agreement is made effective for all purposes in all respects as of XXXXX (current date) by and between XXXXXXXXX, referred to as “the CONTRACTOR” of ABN XXXXXXXX and Kirra Jamison, referred to as GOOD VIBES of ABN 49 162 247 467

 

ENGAGEMENT OF SERVICES

a.     Plan and execute safe and effective yoga, meditation and all classes in accordance with the GOOD VIBES POLICIES AND CODE OF CONDUCT. This includes arriving at the studio 30 minutes (or 20 minutes for 6:30 AM classes) prior to teaching; to set up music, light candle, sign in students and assist with their membership choices and purchases. Remain at the studio for 15 minutes after your last class to answer any student questions.

b.    Care of studio including set up and pack down when required.

c.     Ensure attendance to each class is accurately updated via MindBody Online prior to leaving the studio.

d.    Full commitment to the classes that the CONTRACTOR has been assigned. Except in the case of illness or circumstances beyond the CONTRACTORS control, a minimum of 30 days' notice must be given if you require a class covered and the proper procedure must be followed. CONTRACTORS are required to teach a minimum 80% of their regular classes.

e.    Attendance and contribution to staff events, meetings and community events when possible. 

f.      Maintain insurance and qualifications of the minimum as following: 200 RYT qualification, 10 million indemnities, public liability insurance and Senior First Aid Certificate.

g.    Regularly propose workshop and event ideas to the studio.

h.     Be available for a minimum of one promotional photo shoot per year.

 

COMPENSATION

a.   GOOD VIBES shall pay the agreed upon class rate. The same rates apply to both public and private sessions.

In the rare occurrence of no paid attendance to a class the CONTRACTOR can choose to either do work around the studio for the duration of the scheduled class and be paid at the regular class rate or not work and not be compensated. GOOD VIBES prefer the latter option but the choice is that of the CONTRACTOR.

b.   GOOD VIBES shall pay as per the following for workshops and events:

50% of the total revenue received after costs will be paid to the CONTRACTOR on the first payday following the workshop or event. 

In the instance that more than one CONTRACTOR (inclusive of musicians) is leading a workshop/event the studio will pay the CONTRACTORS a total of 50% of the total revenue received after costs. It is the responsibility of the CONTRACTORS to decide how best to divide their compensation.

In the rare occurrence that less than six pre-paid clients have booked a workshop or event this workshop or event may be cancelled and all funds returned to clients. In this instance, neither the CONTRACTOR nor any other parties involved will receive compensation.

c.  The CONTRACTOR will be paid on the 1st of each month into their nominated bank account. A remittance advice and proof of payment will be emailed to the CONTRACTOR on this day. Invoices are not required. Any amendments or questions should be expressed in writing ASAP to accounts@goodvibesyoga.com.au and will be adjusted on the following pay cycle.

d.   GOOD VIBES whole-heartedly invites the CONTRACTOR to attend as many classes at the studio as they like. Attendance to any regular class is free of charge for the CONTRACTOR. The contractor may nominate their spouse or one partner per year to attend any regular class for free. Please note CONTRACTORS and their nominated spouse or partner will be expected to give up their place for paying clients if class is at capacity. This agreement is only valid while under contract to GOOD VIBES and will be terminated on the conclusion of this agreement. There is no other guest policy. If the CONTRACTOR wishes to invite a guest to a class, the CONTRACTOR must pay in full for that guest.

 

INDEPENDANT CONTRACTOR RELATIONSHIP

a. The CONTRACTOR relationship with GOOD VIBES will be that of an independent contractor, and nothing in this Agreement is intended to, or should be constructed to, create a partnership, agency, joint venture, or employment relationship.

b. The CONTRACTOR will not be entitled under the Agreement to any benefits that GOOD VIBES may make available to it’s employees, including but not limited to group health insurance.

c. Life insurance, profit sharing, retirement benefits, paid vacation, holiday or sick leave, or workers’ compensation insurance. No part of the CONTRACTOR’S compensation will be subject to withholding by GOOD VIBES for the payment of any social security, federal, state or any other employee payroll taxes.

d. The CONTRACTOR agrees to provide all tools and instrumentalities, if any, required to perform the services under the Agreement.

 

OWNERSHIP OF PROPERTY 

a.     The CONTRACTOR acknowledges that all documents produced by the CONTRACTOR, including but not limited to memoranda, correspondence, emails, and reports in the course of his or her work for GOOD VIBES, shall be the property of GOOD VIBES, and the CONTRACTOR shall not retain ownership, interest, or rights therein.

b.    The CONTRACTOR hereby assigns GOOD VIBES the irrevocable and unrestricted right to use and publish any photographs and video produced of the CONTRACTOR commissioned by GOOD VIBES for editorial, trade, advertising, educational and any other purpose; to be used in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CONTRACTOR releases all claim to profits that may arise from use of images. This applies to all photograph and film produced prior to and from the date of this agreement. 

c.    The CONTRACTOR acknowledges that all photographs and film produced of the CONTRACTOR by GOOD VIBES remains the property of GOOD VIBES.

d.    All photographs and films produced by GOOD VIBES are protected by Federal Copyright Law (all rights reserved) and may not be reproduced or published in any manner without explicit written permission from GOOD VIBES. The photographer retains copyright of all images.

e.     GOOD VIBES is not liable to deliver to the CONTRACTOR any or all images or film taken of the CONTRACTOR. The determination of images delivered to the CONTRACTOR is left to the discretion of GOOD VIBES.

f.    If the CONTRACTOR does receive an image or images from GOOD VIBES, GOOD VIBES grants the CONTRACTOR permission to share the images on social networking websites and their own website for the sole purpose of promoting GOOD VIBES, and with family and friends, as long as the images remain unaltered and textual credit is explicitly given to the both GOOD VIBES and the photographer in all instances. If permission is granted GOOD VIBES requires that in reproducing any image on any social platform or website, the appropriate social handles must be used in the first comment of the post and that images are always tagged and credited to GOOD VIBES. The CONTRACTOR does not have permission to sell or commercially gain from any images or film commissioned by GOOD VIBES or taken within the studio.

GOOD VIBES does not permit the CONTRACTOR to purchase any images from the photographer. The use of any image must be negotiated directly with GOOD VIBES.

g.  If at any time the CONTRACTOR becomes aware of another studio publishing, using the images or film for promotion or sharing images that are the property of GOOD VIBES, the CONTRACTOR will inform GOOD VIBES immediately and GOOD VIBES will kindly ask the studio to remove the images.

 

SEVERABILITY

This Agreement contains the entire understanding between GOOD VIBES and the CONTRACTOR. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

EXECUTED for and on behalf of the mentioned CONTRACTOR

 

x………………………………………..    Date…………………

 

…………………………………………

(print name)

Who acknowledges that he/she has authority to sign the agreement on behalf of Kirra Jamison (Good Vibes)

 

 

EXECUTED for and on behalf of Kirra Jamison (GOOD VIBES)

 

x………………………………………..    Date…………………

 

Kirra Jamison

Director & Founder

Who acknowledges that he/she has authority to sign the agreement on behalf of Kirra Jamison (Good Vibes)