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5. No Sexual Harassment: Contractor will never involve himself/herself (while on company time or on a
company job) in lustful play or sexual activity, for CONTRACTOR is aware of the consequences;
immediate termination, legal prosecution and industrial license revocation; all of which will come
expeditiously and without severance pay, back dues or commission(s) as well as, no further obligation on
the part of the COMPANY to the undersigned. CONTRACTOR conduct is and will always be that of a
Professional Licensed Massage Therapist (LMT). There will never be any flaw in the character of the
CONTRACTOR contradicting or jeopardizing the integrity of the COMPANY.
6. Uniforms: CONTRACTOR will always be in uniform, while on company time, on a company job or on
call. The uniform consists of: Bright white T-Shirt style short sleeve shirt, choice of black slacks or knee
length black shorts, decent looking rubber sole shoes or sneakers.
7. Professional Liability: Contractor is absolutely and solely responsible for any claims arising out of
his/her massage activities. The COMPANY and it’s respective directors, officers, partners and employees
are not liable for damages due to any act or omission on the part of the CONTRACTOR.
8. General Liability: CONTRACTOR accepts all liability for the use of any company equipment if same is
damaged, stolen or destroyed in any way.
9. Compensation: The following shall constitute a schedule of the fees charged by CONTRACTOR and
COMPANY:
a) Independent Contractor will remit to the COMPANY a minimum of 50% of all hourly charges and/or
fees.
b) Independent Contractor shall remit to the COMPANY a sales commission, where applicable. Said sales
commission will be equal to 40% of hourly charges on jobs to which the commission is applicable.
c) Independent Contractor shall remit to the COMPANY any and all referral fees, where applicable per job.
10. Confidentiality: During and after CONTRACTOR’s association with the COMPANY, CONTRACTOR
will neither disclose or assist in the unauthorized disclosure of the COMPANY’s confidential or proprietary
information which includes, but is not limited to, trade secrets, formulas, customer data, strategies,
methods, processes, machines, inventions, discoveries, computer programs and systems, and other
developments, nor will CONTRACTOR use such information except as required by the COMPANY.
11. Modification: CONTRACTOR understands the obligations under this agreement may not be modified,
released or terminated without written consent from the COMPANY.
12. Termination: This agreement shall automatically terminate upon the occurrence of any one of the
following:
a) Cessation of the COMPANY’s business;
b) Bankruptcy, receivership, or dissolution of the company.
c) Written notice by company.
13. Conflicts of Interest: CONTRACTOR certifies that he/she is not a party to any agreements which in
any way conflict with the provisions herein.
14. Notices: Any and all notices or other communication required or permitted to be given hereunder shall
be given in writing by certified mail, return receipt requested, addressed in the case of the COMPANY to
its principle office, and in the case of the CONTRACTOR to your address as set forth herein.
15. Counterparts: This agreement may be executed simultaneously in two counterparts, each of which shall
be deemed to be an original, and it shall not be necessary in making proof of this agreement to produce or
account for more than one such counterpart.
16. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the
state in which your duties are carried out.
17. Partial Invalidity: If any portion of this agreement shall be ruled or adjudicated invalid for any reason,
that portion shall be deemed excised here from and the remainder of this agreement shall continue in full
force and effect unaffected by any such validity.
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source: selectmassageinc.com
Non Compete Agreement Of Contractor