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Contract for Services of Flyer Distributor, Signboard Holder or Character Actor

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Contract for Services of Flyer Distributor, Signboard Holder or Character Actor Powered By Docstoc
					This is an agreement that allows a company to hire a Flyer Distributor, Signboard
Holder or Character Actor to perform promotional services for the company. The
agreement calls for the promotional person to be paid hourly as an independent
contractor and for such employment to be at will. The agreement also includes non-
compete, non-solicit, confidentiality, and indemnification clauses. Use this contract if
the services of a Flyer Distributor, Signboard Holder or Character Actor.
                                PROMOTIONS AGREEMENT

THIS PROMOTIONS AGREEMENT (the “Agreement”), is made and entered in as of
___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert
Name of Company], ___________ [Instruction: Insert Address] (“Company”), and
___________ [Instruction: Insert Name of Contractor], ___________ [Instruction: Insert
Address] (“Contractor”).

WHEREAS, Company desires to utilize the benefit of the independent contractor promotions
services of Contractor; and

WHEREAS, Contractor desires to render such services on the terms and conditions set forth
herein;

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1. Employment. Contractor shall be employed in the capacity of: ___________ [Instruction:
Insert Name of Promotions Position]. In connection with said role, Contractor shall use
contractors best efforts to ___________ [Instruction: Insert Promotions Position Job
Function] on behalf of Company on the dates and times specified by Company. Contractor shall
also perform such other duties as are customarily performed by other persons in similar
positions, as well as such other duties as may be assigned from time to time by the Company.

2. Termination. The parties agree that this Agreement can be terminated by either party hereto, at
any time and for any reason permitted by law, whether such termination is with or without cause
and with or without notice.

3. Compensation. Contractor shall be paid an hourly rate of ___________ Dollars ($___) per
hour, for each hour or fraction thereof assigned and completed, in accordance with Company’s
standard payroll procedures, but in no event less frequent than bi-monthly. Contractor agrees
that Contractor’s services will be rendered by Contractor as an independent contractor and that
this Agreement does not create an employer-employee relationship between Contractor and
Company. Company shall have no right to receive any employee benefits including, but not
limited to, health insurance, life insurance, sick leave and/or vacation. Contractor agrees to pay
all taxes including, self-employment taxes due in respect of the Commission and to indemnify
Company in the event Company is required to pay such taxes on behalf of Contractor.

4. Indemnification. Contractor hereby agrees to indemnify, defend, save, and hold harmless
Company, its shareholders, officers, directions, and other agents, from and against all claims,
liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which
arise out of or are related to the Contractor’s performance of job functions or duties under this
Agreement, failure to perform job functions or duties as required, or result from conduct while
engaging in any activity outside the scope of this Agreement, before, during or after the
termination of this Agreement. Contractor understands that this obligation of indemnification
survives the expiration or termination of this Agreement.
5. Restrictive Covenants.

    A. Contractor hereby agrees that, throughout the term of employment with Company and for
a period of ___________ (___) [Instruction: Insert Duration] years thereafter, Contractor will
not work for or in any way assist any person or entity in the promotion or sale of any products
that directly compete with the products of Company within a fifty (50) mile radius of Company’s
address, as set forth above, without the prior written consent of Company.

    B. Contractor agrees that during Contractor’s term of employment with Company and for a
period of ___________ (___) [Instruction: Insert Duration] years thereafter, Contractor will not
recruit any of Employer’s employees for the purpose of any outside business.

    C. Contractor shall keep Company’s Confidential Information, including but not limited to:
business secrets, promotion tactics, customers, logistical, financial, research, and development
information, confidential and shall not disclose them to any third party without the prior written
consent of Company.

    D. Contractor agrees that any breach by Contractor of subparagraphs 4(A), 4(B) and4(C)
would cause irreparable damage to Company, and in the event of such breach, Company shall
have, in addition to any and all remedies at law, the right to an injunction, specific performance
or other equitable relief to prevent the violation or threatened violation of Contractor's
obligations hereunder.

6. Miscellaneous.

    A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.

    B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.

    C. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.

   D. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Company may assign any or all of
Company’s rights and/or obligations hereunder to any assignee, licensee or designee of
Company, and all succeeding assignees, licensees or designees. Contractor acknowledges that
Contractor’s services are unique and personal. Accordingly, Contractor may not assign
Contractors delegate his duties or obligations under this Agreement.

    E. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.
    F. This Agreement shall be governed in accordance with the laws of the State of
_____________ [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

CONTRACTOR:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


COMPANY:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
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Description: This is an agreement that allows a company to hire a Flyer Distributor, Signboard Holder or Character Actor to perform promotional services for the company. The agreement calls for the promotional person to be paid hourly as an independent contractor and for such employment to be at will. The agreement also includes non-compete, non-solicit, confidentiality, and indemnification clauses.  Use this contract if the services of a Flyer Distributor, Signboard Holder or Character Actor.