This Agreement, as negotiated herein, is entered into by and between ___________________________, “Subcontractor” and Chic Occasion, LLC, “Contractor.”
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Subcontractor and the Contractor hereby agree as follows:
Article 1. Statement of Work:
Subcontractor is an independent contractor and not an employee of Contractor, Chic Occasion, LLC.
From time to time, Subcontractor may provide services to Contractor. In addition to the terms and conditions negotiated by the parties for particular “projects”, Contractor and Subcontractor hereby agree that the terms and conditions of this Subcontractor Agreement (the “Agreement”) shall apply whenever Subcontractor provides services to Contractor.
Article 2. Scope of Work:
Chic Occasion, LLC is committed to providing quality and affordable on-site, special occasion makeup and hair services for groups of three or more clients.
Subcontractor is to arrive at least, but not limited to, 20 minutes prior to booking time in order to ensure promptness as well as to allow adequate time to set-up any equipment, kits, etc.
The Subcontractor will provide professional makeup and/or hair services to clients in a timely manner in accordance with Chic Occasion, LLC policies.
The Subcontractor will at all times conduct themselves in a professional manner when carrying out services for the client, as well as when in contact with the client outside of the appointment time.
Subcontractor must give a 48-hour cancellation notice for any previously agreed/booked parties. Failure to provide this notice will result in annulment from the ChicOccasion.com booking website and will void any and all Subcontractor agreements. See Article X.12, for details.
Article 3. Safety:
Subcontractor safety is our Company’s utmost priority. As Chic Occasion, LLC’s business model requires our Subcontractors to travel to clients on an on-site basis, our Company always wants to ensure our Subcontractors feel safe and comfortable while carrying out their jobs. If at any point prior to or during the appointment, Subcontractor feels unsafe or uncomfortable within the work environment, Subcontractor should immediately leave the situation and contact the Contractor.
Article 4. Insurance:
The Subcontractor’s insurance coverage shall be primary insurance in respect to all work performed for the Contractor, its directors, officers, and employees. The Subcontractor hereby waives and relinquishes any right of subrogation against Contractor and its agents, representatives, employees, and affiliates they might possess, for any policy of insurance provided under this Section or under any State or Federal Workers’ Compensation or Employer’s Liability Act.
Article 5. Indemnification and Arbitration:
The work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively. Subcontractor hereby indemnifies and holds Contractor, its parent and affiliates and their respective officers, directors, employees and agents, harmless from and against any and all claims, actions, losses, judgments, or expenses, including reasonable attorneys fees, arising from or in any way connected with the work performed, materials furnished, or services provided to Contractor during the term of The Agreement.
Article 6. Code of Conduct
Subcontractor is to be professional/appropriate in their manner in regards to all client interaction. The professional attire for Subcontractors during work contracts is business casual. Upon completion of the work assignment, the Client will have the opportunity to comment on professionalism and quality of work provided by the Subcontractor; any notations of inappropriate or lewd/vulgar dress, actions or language will result in the Contractor cancelling any future bookings with said Subcontractor as well as annulment of the Subcontractor from Chic Occasion, LLC’s website as a service provider.
A zero-tolerance policy will be in effect as it relates to drugs of any kind and alcohol consumption. No breaks are to be taken to smoke cigarettes or electronic cigarettes, “vape pens”.
Article 7. Requirements:
All Subcontractors are required to own a smart phone device (iOS or Android Operating Systems). This requirement is for the purpose of accessing the Chic Occasion, LLC application and website, as well as photography of clients at the completion of appointments.
Article 8. Photographs/Social Media:
As it relates to Contractor’s clients; if applicable, and client permits photographs, Subcontractor is to photograph final work (face and/or hair work) at conclusion of performing makeup/hair styling. Per the terms of this agreement, Subcontractor agrees to furnish said images to Contractor, Chic Occasion, LLC, within 24 hours of work conclusion via email or text message (SMS rates may apply and will be the responsibility of the Subcontractor, wholly).
This agreement will serve to allow Chic Occasion, LLC to post low-resolution or high-resolution photos taken by Subcontractor to social media sites, only in the case that Subcontractor is credited and that photos are NOT altered with editing or filters by Contractor. Additionally, it is understood that the Subcontractor is to provide to Contractor photos of past/current and upcoming work, and Subcontractor will remove, or has removed, watermarks from Internet images the Subcontractor has uploaded to Facebook, Instagram or their website. The Contractor will feature and give full credit to Subcontractor for their photos used for Contractor’s social media purposes.
The Contractor is permitted to click the ‘share’ button on any photos posted to Subcontractor’s Facebook page, Instagram or Website. The Subcontractor is permitted to click the ‘share’ button on any photos which Subcontractor provided to Chic Occasion, LLC, that are posted to Contractor’s Facebook page, Instagram, or Website.
Contractor Email: David@ChicOccasion.com Contractor Text Message #: 469-847-8502
Article 9. Non-Compete Clause:
Subcontractor agrees that during the term of this agreement, and within 180 days of termination, Subcontractor will not reach out, or make any attempts, in any manner, to “poach” or perform work for any Client, Employees, Agents, or Representatives outside the scope that is facilitated by Chic Occasion, LLC. This includes any clients Subcontractor has performed services for, or has come into contact with during the time Subcontractor was under contract with Chic Occasion, LLC.
Article 10. Payments and Expenses
All standard method of payment is to be made via ACH/Electronic Funds Transfer. Our Company has found this to be the fastest, most proficient way to complete Subcontractor remittance. We require the following information: Full Name, Bank Account Number, and Routing Number. Once this information has been provided, Chic Occasion, LLC will set up the Subcontractor in our system for payment via ACH. Processing takes 2 business days from the point of job completion to the point of payment. These standard payments are made out within 2 days of completion of the event. i.e. If Subcontractor completes an appointment on a Saturday, Chic Occasion, LLC would fill out the ACH on Monday; payment would be processed and the funds would be available in Subcontractor’s account on Wednesday morning. The only exceptions to the Standard two day payment period will occur due to banking holidays, processing time, etc.
Note, per the Contractor, Subcontractor relationship – Chic Occasion, LLC, as the Contractor, collects payment from the client. Chic Occasion then pays out money to you, the Artist, the Subcontractor; you are not to collect any money from the client or associated persons, directly. Subcontractor will be paid through the standard ACH payment process only. There will be no exceptions for any other forms of payment, whether requested by the Subcontractor or otherwise. In addition, unless a prior agreement is reached between Contractor and Subcontractor, travel expenses will not be reimbursed.
Chic Occasion, LLC’s policy is an all-inclusive beauty experience for our clients and consists of a no-pressure tipping environment. Subcontractors are prohibited from asking for tips of any kind; and may only accept tips if the client initiates the transaction.
This Agreement is governed by the laws of the State of Texas. Any amendment(s) must be given in writing.
Company: ____________________________ By: __________________________________