CONTRACT BETWEEN M & J TRAVEL SERVICES, LLC
AND OUTSIDE SALESPERSON/INDEPENDENT CONTRACTOR
AGREEMENT made this _______ day of __________________ , _________________ (year)
Between Janice Nobliski (agency owner)Legal Owner, doing business as (agency name) M & J Travel Services, LLC A host travel agency, having its principal place of business at: (address) 6337 Mount Palomar Ave., Las Vegas, Nevada, 89139_ hereinafter referred to as the Travel Agency, and (insert agent name)______________________________________ , hereinafter referred to as the Independent Contractor.
I. Term of Agreement:
A. The Travel Agency hereby retains the Independent Contractor to act as an independent outside salesperson and the Independent Contractor agrees to act in such a capacity on behalf of the Travel Agency for a period of 12 months from (date) ________________ . At the end of that period, the contract shall automatically be extended for an additional 12 months, on the receipt of the yearly maintenance fee of $ 250 , due on or before the above dates anniversary, unless either party serves the other with written notice of his intention not to renew. If the Independent Contractor is over 1 month late on their yearly maintenance fee, they will be subject to the current maintenance fee.
B. Duties of Independent Contractor.
The Independent Contractor is hereby retained by the Travel Agency as a self-employed business person to sell travel and travel services to the public on behalf of the Travel Agency.
II. Commission Compensation.
As compensation for the services rendered by him under this Agreement, the Independent Contractor shall be entitled to commissions on sales as follows:
A. The Independent Contractor shall be entitled to 70 % of the Gross Commissions received by the Travel Agency for sales of travel or services by the Independent Contractor. Except when the Travel Agency is required to assist the Independent Contractor in booking, at which time the commission will be split 50/50. All expenses relating to these sales shall be borne by the Independent Contractor. Payment shall be made to Independent Contractor within six weeks after completion of travel by client unless supplier has not paid the commission to the Travel Agency in this length of time. Otherwise, they shall be paid to the Independent Contractor after clear funds have been received by the Travel Agency. Independent Contractor shall also be entitled to 100% of the Gross Commissions, if they are booking for their own travel.
B. Independent Contractor must submit information/documentation to Travel Agency for each individual or group booking, so that Travel Agency can have required information about all bookings made.
Travel Agency is entitled to see what bookings are being made in the name of the Travel Agency, so supplier confirmations do need to be sent to Travel Agency at (E-Mail) MJTravelServices@gmail.com . Independent Contractor may also have suppliers fax confirmations sent directly to them, but Travel Agency does not permit the Independent Contractor to “Change” the fax number that is in the Travel Agency profile with suppliers.
While the Independent Contractor is free to do business with any other travel agency or customer, the Travel Agency shall receive its share of the commission paid by any supplier as set forth at Subparagraph A above for any sale in which the Independent Contractor uses the Travel Agency’s IATA / CLIA number, or name to process the sale.
C. Method of Payment. Independent Contractor shall, within 7 days of the end of each month, provide Travel Agency with a statement of all commissions earned during the previous month as outlined above, accompanied by request for payment for Independent Contractor’s share of those commissions earned. Travel Agency shall report net earnings to the IRS (1099 form) for the Independent Contractor and pay net to Independent Contractor.
III. Independent Contractor to Provide Own Business Supplies and Be Responsible For Own Expenses.
Independent Contractor shall provide his own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his duties under this Agreement.
IV. Place of Work.
The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of the Travel Agency, and is not required to answer the phones, or perform any other duties at the Travel Agency’s office.
Independent Contractor may work whatever hours he/she wishes. No fixed hours required by the Travel Agency. The Independent Contractor shall not be required to attend office meetings or office training sessions.
VI. Risk of Loss/Profit Potential.
Independent Contractor assumes the risk of incurring a loss if his/her share of sales commissions does not cover the Independent Contractor’s expenses. Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.
VII. No Entitlement to Vacation or Other Benefits As Independent Contractor.
As a self-employed individual, the Independent Contractor shall not receive or earn any vacation or sick pay from the Travel Agency and is not covered under the Travel Agency’s medical or dental plan.
VIII. Ability to Hire Assistants.
Independent Contractor retains the right to employ whatever assistants or bring in whatever partners he/she may require at Independent Contractor’s expense in order to accomplish the goal of travel sales contemplated by this Agreement. These assistants may not , however, negotiate with travel suppliers on behalf of Cruise Lines unless they are also contracted with Travel Agency.
IX. Independent Contractor Shall Be Responsible For Filing of Federal, State, and Local Estimated Payments On Commissions Received From Travel Agency, and For Other Assessments.
Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker’s compensation and obtaining any required state or local licenses or registration as a self-employed seller of travel/independent contractor outside salesperson. Independent Contractor agrees to indemnify and hold Travel Agency harmless for any assessments against Travel Agency because of any failure by Independent Contractor to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker’s compensation.
X. Ownership of Customers.
The parties acknowledge that all customers of the Independent Contractor are and shall remain the property of the Independent Contractor. If the Independent Contractor shall cease to be associated with the Travel Agency for any reason, all customers of the Independent Contractor shall be free to continue doing business with the Independent Contractor independently, or through any travel agency including this Travel Agency.
XI. Termination of Agreement.
EVENTS CAUSING TERMINATION
This Agreement is terminable prior to its expiration at the will of either party.
EFFECT OF TERMINATION ON COMPENSATION
In the event of the termination of this Agreement prior to the completion of its term specified herein, the Independent Contractor shall be entitled to the compensation earned by him/her prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date. Keeping in mind that all unpaid commissions are the property of M & J Travel Services, LLC.
Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of (county and state) Clark, Nevada .
ATTORNEY’S FEES AND COSTS.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which he may be entitled.
XIII. General Provisions.
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 manner.
LAW GOVERNING AGREEMENT.
This Agreement shall be governed by and in accordance with the laws of (state) _Nevada .
COMPLETE AGREEMENT; MODIFICATION OR WAIVER.
This Agreement represents the complete understanding of the parties with respect to the described outside sales relationship. It is not to be amended after the date hereof except by an instrument in writing signed by the parties. No amendment, modification, termination or waiver shall be binding unless in writing and signed by the parties against whom the amendment, modification, termination or waiver is sought to be enforced. No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, not shall any waiver constitute a continuing waiver.
Executed at _6337 Mount Palomar Ave., Las Vegas, NV 89139 on the day and year first above written.
By: _M & J Travel Services , LLC Agency Name
By: Officer of Agency
By: Independent Contractor (signature)
SS#: . DOB:_____________________.
Phone #: ______________________________.