1. Services. Company retains Freelancer, and Freelancer agrees to perform for Wellness 360 Solutions LLC, certain services set forth in Makeup Artistry/ Makeup Application to this Agreement.
2. Consideration / Compensation:
(a) In exchange for the full, prompt, and satisfactory performance of all Services to be rendered to the company (as determined by Wellness 360 Solutions LLC), Wellness 360 Solutions LLC shall provide Freelancer, as full and complete compensation of:
-Motives Team: 75% commission on all makeup services provided by freelancer, if the freelancer is an Unfranchise Owner, Motives Pro- Artist, or Motives Pro Account, and provides their own professional kit including all Market America branded products or,
- Extended Team: 40% commission on all makeup services provided by freelancer, if the freelancer is NOT an Unfranchise Owner, Motives Pro-Artist or Motives Pro-Account, and provides their own professional kit which does not include Market America branded products. As part of Wellness 360 Solutions Extended Team, a discount will be applied to all makeup services for those using non- Motives/MA branded Kit.
(b)An additional 5% commission will be added on for all services provided by the freelancer on a bride, including trial services.
(c) All compensation is to be paid by Wellness 360 Solutions LLC within 14 days of completion of services.
(d) Freelancer is not entitled to receive any other compensation or any benefits from Wellness 360 Solutions LLC. Except as otherwise required by law, Wellness 360 Solutions LLC shall not withhold any sums or payments made to Freelancer for social security or other federal, state, or local tax liabilities or contributions, and all with holdings, liabilities, and contributions shall be solely Freelancer’s responsibility. Freelancer further understands and agrees that the Services are not covered under the unemployment compensation laws and are not intended to be covered by workers’ compensation laws.
(e) All artists are required to have proper licensing/certification per states standards.
(f) Due to Industry standards, a sanitized brush set and kit will be required for all makeup services. (Brush sets and sanitation kits available through Wellness 360 Solutions LLC.)
(g) travel fees and tips will be applied if applicable. Travel fees are .58 cents per mile round trip for any travel 20 miles outside of the mailing address we have on file for the artist. All Cash tips can be taken home day of service, any credit card tips will be added onto the final service payment.
3. Indemnification / Release:
(a) Freelancer agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless Wellness 360 Solutions LLC, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of Freelancer or any Freelancer Employee in the performance or failure to fulfill any Services or obligations under this Agreement.
(b) Freelancer agrees to give permission for Wellness 360 Solutions LLC to use any photos/images as marketing material, unless otherwise stated in a written notice.
4. Insurance and Other Requirements:
(a) Freelancer warrants that it will obtain and keep in full force and effect at all times hereunder workers’ compensation, general liability and errors and omissions or professional liability insurance covering all of its Services. (b) Freelancer shall provide to the Company copies of all policies required to be maintained, and a Certificate of Insurance indicating said coverage shall be provided to Wellness 360 Solutions LLC upon request. (b) Freelancer also warrants and represents that it has properly classified all of its workers, has and will maintain all required licenses and certifications.
5. Termination:
This Agreement shall be effective on the date hereof and shall continue until terminated by either party upon 30 days
written notice.
6. Independent Contractor:
(a) Wellness 360 Solutions LLC and Freelancer expressly agree and understand that Freelancer is an independent contractor and nothing in this Agreement shall be construed in any way or manner, to create between them a relationship of employer and employee, principal and agent, partners or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of the Agreement. Accordingly, Freelancer acknowledges that Freelancer and Freelancer’s Employees are not eligible for any Company benefits, including, but not limited to, health insurance, retirement plans or stock option plans. Freelancer is not the agent of Wellness 360 Solutions LLC and is not authorized and shall not have the power or authority to bind Wellness 360 Solutions LLC or incur any liability or obligation, or act on behalf of Company. At no time shall Freelancer represent that it is an agent of the Wellness 360 Solutions LLC, or that any of the views, advice, statements and/or information that may be provided while performing the Services are those of Wellness 360 Solutions LLC.
8. General:
(a) This Agreement does not create an obligation on Wellness 360 Solutions LLC to continue to retain Freelancer beyond this Agreement termination. This Agreement may not be changed unless mutually agreed upon in writing by both parties.
(b) Freelancer hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
(c) This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this Agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party.
(d) All notices provided for in this Agreement shall be given in writing and shall be effective 30 days after dated or time stamped.