THIRD PARTY INDEPENDENT CONTRACTOR AGREEMENT
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NO MATERIALS UNDER NO CIRCUMSTANCES ARE TO BE REMOVED FROM THE PROPERTY AT ANY TIME.
PLEASE SEND PHOTO IDENTIFICATION TO PAUL J ROUILLARD 519-965-8487 BEFORE YOU STEP FOOT ON ANY PROPERTY.
CONTRACTORS, EMPLOYEES AND OR AFFILIATES ARE NOT ALLOWED TO ENTER ANY OF OUR PROPERTIES IF THEY HAVE A CRIMINAL RECORD.
NO SMOKING IN OR ON ANY PROPERTIES AND CIGARETTE BUTTS MUST BE CLEANED UP AND NOT TOSSED ON GROUND ANYWHERE NEAR THE PROPERTY.
ALL TENANTS AT ANY PROPERTY MUST BE TREATED NICELY AND PROFESSIONALLY.
UNLESS OTHERWISE SPECIFIED IN WRITING RENOVATIONS MAY NOT PROCEED OUTSIDE OF THE HOURS OF 8AM-7PM.
JOB SITE MUST ALWAYS REMAIN REASONABLY CLEAN IN AND AROUND THE ENTIRE PROPERTY. NO CIGARETTE BUTS ANYWHERE. PLEASE DISPOSE OF YOUR GARBAGE.
YOUR TOOLS ARE YOUR RESPONSIBILITY. PLEASE TAKE THEM HOME WITH YOU.
PROPER CONTRACTOR DRESS CODE AND SAFETY EQUIPMENT IS REQUIRED. SHIRTS ON AT ALL TIMES.
IF ANY OF THE ABOVE CLAUSES ARE BROKEN, MISTREATED AND OR ABUSED IN ANY WAY THIS CONTRACT WILL BE IMMEDIATELY TERMINATED.
INDEPENDENT CONTRACTOR AGREEMENT - RENT4ALL PROPERTY MANAGEMENT INC. Between [Rent4All Property Management] (the “Company”), and (the “Contractor”) (collectively, the “Parties”).
WHEREAS, the Company requests the Contractor to perform services for it and may request the the Contractor to perform other services in the future; and
WHEREAS, the Company and the the Contractor desire to enter into an agreement, which will define the respective rights and duties as to all services to be performed,
WHEREAS, the the Contractor affirms that he or she understands all of the provisions contained in this Agreement, and in the case that he or she requires clarification as to one or more of the provisions contained herein, he or she has requested clarification or otherwise sought legal guidance,
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows:
1.0 Services. Beginning on the Effective Date, and remaining in effect for the duration of this Agreement, the Contractor shall provide the Company with the following services, without limitation.
2.0 Contractor Representations and Warranties. Beginning on the Effective Date, and remaining in effect for the duration of this Agreement, the Contractor makes the following representations and warranties.
2.1 That he or she is fully authorized and empowered to enter into this Agreement, and that his or her performance of the obligations under this Agreement will not violate any agreement between the Contractor and any other person, firm or organization or any law or governmental regulation.
2.2 That he or she is more than eighteen (18) years of age or have parents or guardians will also sign this agreement and not otherwise incapacitated at the time of the Agreement.
2.3 That he or she will notify the Company of any change(s) to the Contractor schedule and or contracts that could adversely affect the availability of the Contractor, whether known or unknown at the time of this Agreement, no later than two (2) days prior to such change(s). If the Contractor becomes aware of such change(s) within the two (2) day period, the Contractor shall promptly notify the Company of such change(s) within a reasonable amount of time.
2.4 That he or she will bear all expenses incurred in the performance of this Agreement, including but not limited to, fuel for vehicles, food, tools, tool rentals unless agreed upon in writing, third party contracts and any other expense when not responsible for materials.
3.0 Company Representations and Warranties. Beginning on the Effective Date, and remaining in effect for the duration of this Agreement, the Company makes the following representations and warranties.
3.1 That it is fully authorized and empowered to enter into this Agreement, and that its performance of the obligations under this Agreement will not violate any agreement between the Company and any other person, firm or organization or any law or governmental regulation.
3.2 That it is in full compliance with any and all laws and/or statutes applicable to the services described hereunder.
4.0 Compensation. The work performed by the Contractor shall be performed at the rate set forth on a job to job basis or in writing provided by the company.
4.4 Quotations: The Contractor agrees to quote jobs and deliver quotes in a reasonable amount of time. the Contractor agrees to communicate with the clients to explain such quotes or to negotiate quotes if needed.
4.56 The Contractor agrees to pay the company immediately upon collecting any and all monies from any and all work from all clients and or customers and or past clients of the company. the Contractor agrees not to perform any duties to any of which mentioned above in this clause including anyone who was introduced to the Contractor by the company. The contractor agrees to pay the company 100% of all monies collected plus any damages that the Company sees fit
4.67 Materials: Once any and all materials are in the possession of the Contractor they are fully responsible and liable to the Contractor. If materials are stolen, damaged, missing for any reason from anywhere including the job site, the Contractor agrees to supply the material in full without deduction.
4.7 Termination Pay: If The Contractor is terminated and/or quits at any time or for any reason, the Company will find another contractor to complete the job in full. Any and all expenses incurred to complete the job will be deducted from the final payment owed to the Contractor plus project management fees to be calculated by the company.
5.0 Independent Contractor Status.
5.1 The Contractor is an independent contractor of the Company. Nothing contained in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture unless any duties change from time to time to incur more management of contracts, contractors or other duties set forth by the company including managing any 3rd parties.
5.2 The Contractor shall have no authority to act as agent for, or on behalf of, the Company, or to represent the Company, or bind the Company in any manner unless written permission from the company.
6.0 Confidential Information.
6.1 The Contractor and his or her employees shall not, during the time of rendering services to the Company or thereafter, disclose to anyone other than authorized employees of the Company (or persons designated by such duly authorized employees of the Company) or use for the benefit of the Contractor and his or her employees or for any entity other than the Company, any information of a confidential nature, including but not limited to, information relating to: any such materials or intellectual property; any of the Company projects or programs; the technical, commercial or any other affairs of the Company; or, any confidential information which the Company has received from a third party.
i. All work completed/information in the past, present and/or future shall be the soul property and rights of the company.
b. I agree to release and give all passwords and all confidential information, including prototypes, written notes, photographs, sketches, models, memoranda or notes and/or anything pertaining to the company shall be returned to the company.
c. I agree to hold confidential or proprietary information or trade secrets ("confidential information") in trust and confidence and agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party.
d. No copies will be made or retained of any written information or prototypes supplied without the permission of the company.
e. At the conclusion of any discussions, or upon demand by the company, all confidential information, including prototypes, written notes, photographs, sketches, models, memoranda or notes taken shall be returned to the company.
f. Confidential information shall not be disclosed to any employee, consultant or third party unless they agree to execute and be bound by the terms of this Agreement, and have been approved by the company.
6.3-1 Contractor agrees never to contact any customer, client, connection or any 3rd party to the company at any time unless written permission has been given by the company. If any monies remuneration has been collected by any client, customer or anyone connected to the company, 6.3-2 The contractor will be responsible to pay 100% of the total collected to the company with interest and damages and losses.
Contractor will never engage in business with any clients, past clients, customers or anyone connected to the company and if any clients terminate their agreement with the company and engage in business with the contractor, the contractor agrees to pay all losses and damages that the client and or customer would have paid for a future term of 2 years. All calculations will be based on previous income and profits from such clients and calculated for a period of 2 years from the termination date of the clients' customers agreement.
This Clause 6.3 (“Non Competition”) shall survive any termination of this Agreement.
6.3-3 Contractor is not permitted to receive any type of remuneration, commission, bonuses, perks or any type trade off for any work completed on any work orders unless otherwise expressed in writing from the company. In other words, you are not allowed to be paid or take bribes from our clients without the company agreeing to it in writing and if you do, the Contractor agrees to pay the Company 100% of everything collected plus any losses and or damages.
7.1 The Contractor represents that all content provided by the Contractor to the Company, in furtherance of the services described hereunder, including, without limitation, images, videos and text, including any intellectual property, such as copyrights or trademarks (the “Content”), is owned solely and legally by the company.
7.3 Any materials developed by the Company, making use of Content, remains the sole property of the Company subject to all applicable laws and/or statutes.
8.1 The Company shall not be responsible for any costs incurred by the Contractor, including, without limitation, any and all fees and expenses, such as those described in Section 2.4 above.
8.2 The Company makes no guarantees regarding the physical and/or mental fitness of any Client. The Contractor shall perform the services set out in this Agreement at his or her own risk.
8.3 EXCEPT WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
9.0 Disclaimer of Warranty.
9.1 THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT PROVIDE ANY WARRANTY THAT OPERATION OF ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE.
10.1 The Contractor agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Contractor’s services under this Agreement. This provision shall survive the duration of this Agreement.
10.2 The Contractor agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Contractor’s services under this Agreement, unless expressly stated otherwise by the Company, in writing.
11.0 Duration, Scope and Severability.
11.1 This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to Section 11 of this Agreement.
11.2 The Company may terminate this Agreement for any reason upon immediate notice to the Contractor.
11.3 This Agreement, and any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.
11.4 This Agreement may be amended only by written agreement duly executed by an authorized representative of each party.
11.5 If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
11.6 No modifications to this Agreement shall be binding upon the Company without the express, written consent of the Company.
11.7 This Agreement shall not be assigned by either party without the express consent of the other party.
12.0 Governing Law and Jurisdiction.
12.1 This Agreement shall be governed by and construed in accordance with the laws of Ontario without reference to any principles of conflicts of laws.
13.0 Waiver of Rights.
13.1 A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have each executed this agreement as of the Effective Date.
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PLEASE SEND PHOTO IDENTIFICATION TO 519-965-8487.