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Tattoo Shop Artist Agreement Preview
Employment Agreement with Tattoo Artist as an Independent Contractor
Agreement made on the ____ day of _________________________, 20____, between
____________________________________________ (Artist) of ___________________
______________________________________________________________________________
__________________________________________(street address, city, county, state, zip code),
referred to herein as Artist, and _________________________________________________
(Company), a corporation organized and existing under the laws of the state of
____________________________________, with its principal office located at _____________
______________________________________________________________________________
_________________________________________________________________ (street address,
city, county, state, zip code), referred to herein as Company.
Whereas, Artist is a Tattoo Artist and is looking for locations where he can service clients; and
Whereas, Company has a shop where tattoos are created for customers; and
Whereas, Company desires to hire Artist to create tattoos at Company’s shop;
Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.Company agrees to employ Artist as an independent contractor beginning
_________________________________________ (date) and continuing until termination in accordance with Section 5. Artist accepts employment with Company on the terms and conditions set forth in this Agreement, and agrees to act as an independent contractor to create tattoos for customers at Company’s shop located at ____________________________________
______________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code).
2.In consideration of all services to be rendered by Artist for the benefit of Company, Company shall pay to Artist a commission of ______% of income charged and collected by Artist for creating tattoos for customers at Company’s Shop. Commissions will be paid on the
____________________________________________________ (e.g., first day of each month). All compensation shall be paid to Artist without deductions for taxes or other withholding, and Artist shall be responsible for all taxes as set forth in Paragraph 3 below.
3.Artist agrees that he is not an employee of Company for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Artist agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount paid by Company to Artist. As an independent contractor Artist is not eligible to participate in any of the Company’s fringe benefit programs.
4.Artist shall pay all of his own expenses in connection with this Agreement. The only obligation of Company is to pay the applicable commission specified in this Agreement. This Agreement shall become effective on the date stated above, and shall remain in effect for a period of ___________________________________ (e.g., number of weeks, months, or years) unless terminated for breach or as provided in this Agreement.
5.This Agreement may be terminated by mutual agreement of Company and Artist or by written notice of either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this Agreement
__________ (number) days after the date such notice is sent to the other party via certified or registered mail.
6.Artist agrees to indemnify and hold harmless Company, its agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of performance of the obligations of Artist under this Agreement that are caused in whole or in part by Artist’s negligent act or omission.
7.Assignment of Contract
Neither of the parties may assign this Agreement or any rights under the Agreement
without the prior written consent of the other party.
8.Governing Law
The parties agree that this agreement shall be governed by and construed pursuant to the
laws of _______________________________________________ (state).
9.Entire Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of
the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement.
10.Amendment
The parties agree that they may amend this Agreement only by a written agreement duly
executed by persons authorized to execute agreements on behalf of the parties.
11.Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
WITNESS our signatures as of the day and date first above stated.
____________________________________
COMPANY
_______________________________________ |
By_________________________________ |
OWNER |
____________________________________ |
|
(Name and Office in Corporation) |
Documents used along the form
When entering into a Tattoo Shop Artist Agreement, several other documents may also be necessary to ensure clarity and legal protection for both the artist and the company. Below is a list of common forms that are often used alongside the Tattoo Shop Artist Agreement.
- Independent Contractor Agreement: This document outlines the relationship between the artist and the company, clarifying that the artist is not an employee but rather an independent contractor. It details the terms of engagement, including payment structure and responsibilities.
- Operating Agreement: Understanding the nypdfforms.com/operating-agreement-form/ is vital for defining the management structure and operating procedures of the LLC in relation to the tattoo business, ensuring compliance and effective governance.
- Tax Identification Form: This form is essential for tax purposes. It collects the artist's tax identification number, which the company needs for reporting income paid to the artist. This ensures compliance with tax regulations.
- Client Consent Form: This document is used to obtain permission from clients before performing tattoo services. It outlines the risks involved and ensures that clients understand the procedure and aftercare.
- Health and Safety Policy: This policy outlines the health and safety standards that the tattoo shop adheres to. It includes protocols for sanitation, equipment usage, and emergency procedures, ensuring a safe environment for both artists and clients.
- Non-Disclosure Agreement (NDA): This agreement protects sensitive information related to the tattoo shop's business practices, client lists, and creative designs. It prevents the artist from sharing proprietary information with outside parties.
These documents work together to create a comprehensive framework that supports both the artist and the company in their professional relationship. By ensuring that all necessary forms are in place, both parties can focus on providing quality services and building a successful business.
Similar forms
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Independent Contractor Agreement: Similar to the Tattoo Shop Artist Agreement, this document outlines the relationship between a contractor and a company. It specifies the work to be done, payment terms, and clarifies that the contractor is not an employee.
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Service Agreement: This document defines the terms under which services will be provided. Like the Tattoo Shop Artist Agreement, it includes details about compensation and the responsibilities of each party.
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Commission Agreement: This agreement focuses on commission-based compensation. It is similar in that it outlines how much the artist will earn based on their work, just as the Tattoo Shop Artist Agreement does.
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Freelance Agreement: This document is used for freelancers offering services. It shares similarities with the Tattoo Shop Artist Agreement in defining the scope of work and payment terms while maintaining the independent contractor status.
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Partnership Agreement: While typically for business partners, this agreement also defines roles and compensation. It resembles the Tattoo Shop Artist Agreement in that it outlines mutual obligations and benefits.
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Employment Offer Letter: This document formally offers employment and outlines terms. It is similar in that it communicates the responsibilities and compensation, but it usually implies employee status, unlike the Tattoo Shop Artist Agreement.
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Consulting Agreement: This agreement is used when a consultant provides expert advice. It is similar because it specifies the services to be provided and the payment structure, similar to the Tattoo Shop Artist Agreement.
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Non-Disclosure Agreement (NDA): While focused on confidentiality, it often accompanies agreements like the Tattoo Shop Artist Agreement. Both documents protect the interests of the parties involved.
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Work for Hire Agreement: This document specifies that the creator of a work does not retain ownership. It is similar in that it clarifies the terms of work and compensation, akin to the Tattoo Shop Artist Agreement.
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Motor Vehicle Bill of Sale: This essential document facilitates the transfer of vehicle ownership in California, providing detailed information about the vehicle, buyer, and seller. To learn more about filling out this important form, visit legalpdfdocs.com.
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Termination Agreement: This document outlines the terms under which a contract can be ended. It shares similarities with the Tattoo Shop Artist Agreement, particularly in the termination clauses and notice requirements.
Misconceptions
Misconceptions about the Tattoo Shop Artist Agreement form can lead to confusion for both artists and shop owners. Here are ten common misconceptions explained:
- Artists are employees of the company. Many believe that signing this agreement makes them employees. In reality, artists work as independent contractors, meaning they are responsible for their own taxes and benefits.
- Commissions are fixed. Some think that commissions are set in stone. However, the agreement specifies that the commission percentage can vary based on what the parties agree upon.
- Artists receive benefits like health insurance. There is a misconception that independent contractors are entitled to benefits. This agreement clearly states that artists are not eligible for any of the company’s fringe benefits.
- The agreement lasts indefinitely. Many assume the agreement continues forever. It actually has a specified duration and can be terminated under certain conditions.
- Termination requires a lengthy process. Some believe ending the agreement is complicated. In fact, either party can terminate it with written notice, simplifying the process.
- Indemnification only protects the company. There is a belief that indemnification clauses only shield the company. However, this clause also emphasizes the artist's responsibility for their actions.
- Any dispute must go to court. Many think legal disputes will automatically go to court. This agreement requires binding arbitration, which is often quicker and less formal than court proceedings.
- The agreement can be changed verbally. Some assume that informal discussions can alter the agreement. Changes must be made in writing and signed by both parties.
- Artists can assign their contract to someone else. There is a misconception that artists can transfer their obligations. The agreement states that neither party can assign their rights without consent.
- Governing law is flexible. Many think the governing law can be chosen later. However, the agreement specifies a state whose laws will govern its interpretation.
Understanding these misconceptions can help both tattoo artists and shop owners navigate their professional relationship more effectively.
Understanding Tattoo Shop Artist Agreement
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What is the purpose of the Tattoo Shop Artist Agreement?
The Tattoo Shop Artist Agreement establishes the terms and conditions under which a tattoo artist operates as an independent contractor within a tattoo shop. It outlines the responsibilities of both the artist and the company, including payment structures and termination clauses.
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How is the artist compensated?
The artist receives a commission based on a percentage of the income generated from tattoo services. This percentage is specified in the agreement. Payments are made on a scheduled basis, such as the first day of each month, without any deductions for taxes.
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Is the artist considered an employee of the company?
No, the artist is classified as an independent contractor. This distinction means that the artist is not entitled to employee benefits such as unemployment insurance, social security contributions, or workers' compensation. The artist is responsible for their own taxes.
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What are the artist's financial responsibilities?
The artist must cover all personal expenses related to their work and is solely responsible for any taxes associated with their earnings. The company will only pay the agreed-upon commission.
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How can the agreement be terminated?
The agreement can be terminated by mutual consent or by either party providing written notice. This notice must be sent via certified or registered mail and will take effect a specified number of days after it is sent.
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What happens in case of disputes?
Disputes arising from the agreement must be resolved through binding arbitration. If the parties cannot agree on an arbitrator, each party will select one, and those two will choose a third arbitrator to resolve the issue.
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Can the agreement be amended?
Yes, the agreement can be amended, but any changes must be documented in writing and signed by authorized representatives from both parties.
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What governs the agreement?
The agreement is governed by the laws of the state specified within the document. This ensures that any legal interpretations or disputes are handled according to that state’s regulations.
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What is included in the entire agreement clause?
This clause states that the Tattoo Shop Artist Agreement represents the complete understanding between the artist and the company. It supersedes any prior agreements, whether written or verbal, regarding the same subject matter.
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Is there a provision for indemnification?
Yes, the artist agrees to indemnify and hold the company harmless from any claims or damages that arise from the artist's actions or omissions while performing their duties under this agreement.