1099 Independent Contractor's Agreement
This Independent Contractor's Agreement (Agreement) is entered into this ____ day of _________, 20__,
by and between ___Home Bound LLC_________, (the “Company”), and _______________________,
Company Name Independent Contractor
(“Contractor”), in consideration of the mutual promises made herein, as follows:
Terms of Agreement
This Agreement will become effective on the ______ day of _______________, 20__, and will continue in effect
1. Services to be Performed
1. A. Specific Services. Contractor agrees to: perform services as an independent inspector for the
company on homes in foreclosure. You will be responsible for successfully completing inspections
according to the work order specifications. Repeated failure to complete an inspection correctly,
2. communicate effectively and perform inspections within the specified time frame will result in non
payment for the work preformed and may result in termination of the contractor agreement.
3. At no time can an inspector request to change a coverage area. Failure to cover one portion of the
coverage area will result in reassignment of the entire area of coverage. The company will not deduct or
withhold any taxes, FICA or other deductions. As an independent contractor, you will not be entitled to
any fringe benefits, such as unemployment insurance, medical insurance, pension plans, or other such
benefits that would be offered to regular employees.
4. While working as an independent inspector for the company you may be in contact with or directly
working with private information which is important to our company and its competitive position.
Therefore you are prohibited from sharing any employer operations, trade secrets, or sensitive
information such as customer/client lists, business practices, products or services and marketing plans ect.
All information must be treated with strict confidentiality and cannot be used at any time or in any
manner in work you may do with others in our industry. It is prohibited to discuss pay information with
5. Any attempt on the part of the contractor to induce others to leave the company or any effort by
the contractor to interfere with the Companies relationship with its other employees and
contractors would be harmful and damaging to the Company. The contractor agrees that during
the term of the agreement with the Company, the Contractor will not in any way, directly or
a. induce or attempt to induce any other contractor or employee of the Company to quit/ term
b. otherwise interfere with or disrupt the Companies relationship with its employees and
c. discuss employment opportunities or provide information about competitive employment
to any of the Companies employees or contractors; or
d. solicit, entice, or hire away any contractor or contractor of the Company.
This obligation will be limited to those that were employees or contractors of the Company when the
Company contracted the Contractor.
The company acknowledges that the independent contractor is free to work elsewhere at any time.
As an independent contractor for the company, you agree to be able to provide and or meet all the minimum
requirements that will be needed to produce a contracted work order inspection. The minimum requirements are:
Computer Access /Email Access
Digital Camera with date stamp capability
Basic Office Supplies
General Liability Insurance
Able to follow specific directions, as defined on inspection work order.
Backup plan for staff and equipment to cover your route.
B. Method of Performing Services. Contractor will determine the method, details, and means of
performing the above-described services.
C. Employment of Assistants. Contractor may, at Contractor's own expense, employ such assistants, as Contractor
deems necessary to perform the services required of Contractor by this Agreement. The Company may not control,
direct, or supervise Contractor's assistants or employees in the performance of those services.
A. Flat Fee. In consideration for the services to be performed by Contractor, the Company agrees to pay Contractor
the sum of _____(See pricing agreement)_______ dollars ($__________), upon completion of the work to be
performed. Independent contractors will be responsible for all insurance, payroll and administrative fees.
Accepting payment constitutes full and final payment of all services rendered; no additional monies or
compensation will be due to contractor, and contractor hold harmless the company for any and all future actions
3. Duties of Contractor
A. Minimum Amount of Service. Contractor agrees to devote a minimum of __120___ hours per month to the
performance of the above-described services. Contractor may represent, perform services for, and be employed by
such additional clients, persons, or companies as Contractor, in Contractor's sole discretion, sees fit.
B. Hours. Contractor agrees to perform the above-described services on Company premises during the Company's
regular business hours, which are between ____9____ A.M. and __5_____ P.M.
C. Tools and Equipment. Contractor will supply all tools and instrumentalities required to perform the services
under this Agreement.
D. Workers' Compensation. Contractor agrees to provide workers' compensation insurance for Contractor's
employees and agents and agrees to hold harmless and indemnify the Company for any and all claims arising out of
any injury, disability, or death of any of Contractor's employees or agents.
E. Liability Insurance. Contractor agrees to maintain a policy of insurance in the minimum amount of _one
million___ Dollars ($____$1,000,000_____) to cover any negligent acts committed by Contractor or Contractor's
employees or agents during the performance of any duties under this Agreement. Contractor further agrees to hold
the Company free and harmless from any and all claims arising from any such negligent act or omission.
F. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by
Contractor without the prior written consent of the Company.
4. Obligations of the Company
A. Cooperation of the Company. The Company agrees to comply with all reasonable requests of Contractor
necessary to the performance of Contractor's duties under this Agreement.
B. Place of Work. The Company will not furnish space on the Company's premises for use by Contractor while
performing the above-described services.
C. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by the
Company without the prior written consent of Contractor.
5. Termination of Agreement
Termination upon Notice. Notwithstanding any other provisions of this Agreement, the Company may terminate
this Agreement at any time. The contractor may terminate this agreement by giving _30__day written notice to the
Failure to meet any requirements of an inspection order may result in immediate termination of this agreement.
Once either party terminates agreement, any work not entered into the system will not be accepted. Unless
otherwise approved by Management. Upon approval contractor will only have 24 hours after termination to submit
any outstanding work.
6. General Provisions
A. Notices. Any notices to be given hereunder by either party to the other may be effected either by personal
delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be
addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party
may change that address by written notice in accordance with this paragraph. Notices delivered personally shall be
deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three
(3) days after the date of mailing.
B. Entire Agreement. This Agreement supersedes any and all agreements, either oral or in writing, between the
parties hereto with respect to the rendering of services by Contractor for the Company, and contains all of the
covenants and agreements between the parties with respect to the rendering of such services in any manner
whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be
valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to
C. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in any way.
D. Arbitration. Any controversy between the parties hereto involving the construction or application of any of the
terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be
submitted to arbitration. The arbitration will comply with and be governed by the American Arbitration
Association. The parties will each appoint one person to hear and determine the dispute and if they are unable to
agree, then the two persons so chosen will select a third impartial arbitrator whose decision will be final and
conclusive on both parties. The cost of arbitration will be borne in such proportions as the arbitrators decide.
Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
E. Liquidated Damages. It is agreed that in the event of a breach of this Agreement by Contractor, it would be
impracticable or extremely difficult to fix the actual damages and, therefore, Contractor will pay to the Company as
liquidated damages and not as a penalty, the sum equal to amount of damages. This amount will represent a
reasonable compensation for the loss incurred because of the breach.
Limitation of Liability. EXCEPT WHERE RESTRICTED OR PROHIBITED BY LAW, The Company
WILL NOT BE LIABLE TO COMPANY, NATIONAL/SERVICER, BUYERS, SELLERS, LENDERS,
VENDORS, AGENTS OR BROKERS FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES, REGARDLESS OF HOW ARISING, REGARDLESS OF
THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF
WHETHER THE COMPANY HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING BUT LIMITED TO, LOSS OF BUSINESS OR PROFITS OR LOSS
OF DATA THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE THE COMPANY
SERVICES. THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF
REMOVAL OR REINSTALLATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF
PROFITS, LOSS OF SAVINGS, LOSS OF USE, OR INTERRUPTION OF BUSINESS, OR OTHER
ECONOMIC LOSS. TO THE EXTENT THAT LIABILITY MAY BE ASSESSED AGAINST THE
COMPANY, IN NO EVENT WILL THE COMPANYS TOTAL AGGREGATE LIABILITY FOR ANY
CLAIMS, LOSSES OR DAMAGES ARISING FROM ANY PARTY’S USE OF OR ACCESS TO THE
COMPANY'S SYSTEMS OR ITS SERVICES HEREUNDER, WHETHER IN CONTRACT OR IN
TORT, EXCEED THE TOTAL FEES PAID BY COMPANY DIRECTLY TO THE COMPANY
UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD PRIOR TO THE OCCURRENCE
OF SUCH CLAIM GIVING RISE TO THE DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE
SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Employer Representative’s Signature Date
Contractor Signature Date