3. Payment for Services. This agreement is sent on behalf of Tele Pay USA

Transcription

1 This agreement is sent on behalf of Tele Pay USA AGREEMENT This Agency Agreement (hereinafter the "Agreement") is made between the "Booking Agent", Tele Pay USA, and the undersigned principal (hereinafter referred to as "'Principal"), with reference to the following facts." RECITALS WHEREAS, Booking Agent offers services as a booking agent for the entertainment industry; and WHEREAS, Principal is in the business of providing entertainment services; and WHEREAS, Principal desires to engage Booking Agent to negotiate and book engagements on behalf of Principal on the terms and conditions hereinafter set forth and enumerated. NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual undertakings contained in this Agreement, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Scope of Engagements. Principal hereby hires and employs Booking Agent to negotiate and book entertainment engagements (hereinafter referred to individually or collectively as "engagements") for Principal. (a) Principal represents and acknowledges that he/she is not engaging Booking Agent to procure, offer, promise, or attempt to procure employment or engagements for the services of an actor, actress, model, or other artist, and that he/she is not now, and will not during the term of this Agreement engage in the business or profession or assume the role of an actor, actress, model, or other artist. 2. Procurement of Engagements. Booking Agent understands and agrees that the engagements and the time at which they are performed shall be within the sole discretion of Principal. Principal will notify Booking Agent of Principal's desire to perform entertainment engagements by dialling a phone number provided by Booking Agent. Booking Agent agrees to exert a reasonable effort to procure engagements for Principal; however, Booking Agent makes no warranty or representation that engagements will be available when Principal elects to provide engagement services. 3. Payment for Services. (a) The price of each engagement will be negotiated and collected by Booking Agent. Principal hereby authorizes Booking Agent to retain the amount negotiated by Booking Agent, as its fee, to the extent said amount exceeds the minimum guaranteed sum to Principal as outlined on Page 3, All rates are (PTM) per talk minute. (b) The minimum guaranteed sum to Principal described on Page 3 will be paid by check payable to the business/dba name of Principal in accordance with the terms contained on Page 3. (c) Booking Agent will not withhold any taxes in connection with compensation collected by Booking Agent for the benefit of Principal. Principal understands and agrees that Principal is responsible to pay when due all income taxes, including estimated taxes, incurred as a result of the compensation paid to Principal in connection with engagements negotiated under this Agreement. In that regard, Principal is entirely responsible to manage his/her own taxes and account for his/her income, and to pay quarterly estimated taxes to the IRS and state taxing agencies. Booking Agent will deliver a 1099 to Principal at the end of each calendar year in accordance with law. Principal agrees to indemnify Booking Agent for any claims, costs, losses, fees, penalties, interest or damages suffered by Booking Agent as a result of Principal's failure to comply with this provision, including costs and reasonable attorney's fees. 4. Payment of Expenses. Principal is responsible for all expenses incurred by Principal in connection with the performance of engagements booked by Booking Agent under this Agreement. 5. Use of Employees or Agents. Principal may use any employees or subcontractors that Principal deems necessary to perform the engagements negotiated for Principal under this Agreement. Principal is responsible for providing, at his/her own expense, disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses for himself/herself and for his/her employees and subcontractors. Principal will hold harmless and indemnify Booking Agent for any and all claims arising out of any injury or disability of any of Principal's employees or agents. Initial

2 6. Non-Exclusive Relationship. Principal understands and agrees that Booking Agent maintains agency agreements with an unqualified number of persons offering similar services, each of whom competes with Principal for the same or a similar target market. Principal acknowledges and agrees that Booking Agent will have the right in its sole and absolute discretion to select the person most suited for any particular engagement. Likewise, Booking Agent understands and agrees that Principal may perform engagements for, and contract with as many other booking agents, clients, persons or companies as Principal, in his/her sole discretion, sees fit. 7. Warranties. (a)principal warrants that he/she is over the age of 18. (b) Principal warrants that he/she maintains all tools and equipment required to complete the engagements it has employed Booking Agent to procure and negotiate under this Agreement. (c) Principal warrants that he/she maintains the qualifications and independent skills necessary to perform the engagements described in this Agreement in a competent manner, without supervision or advice. (d) Principal warrants that he/she is not an actor, actress, model, or other artist. 8. Term of Contract. This Agreement will become effective on the date signed and will continue in effect for a period of 120 days, or until terminated as provided in this Agreement. If this Agreement is extended beyond the expiration of the stated term it will continue on a week-toweek basis on the same terms and conditions. 9. Termination of Contract. Booking Agent may terminate this Agreement, at any time, if Principal has or has not materially breached this Agreement. 10. Indemnity. Principal agrees to indemnify, defend, and hold Booking Agent free and harmless from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys' fees, and costs, that Booking Agent may incur as a result of a breach by Principal of any warranty, covenant, obligation or promise contained in this Agreement, or arising out of any engagement negotiated by Booking Agent under this Agreement. 11. Assignment. Principal may assign neither this Agreement nor any duties or obligations contained in this Agreement without the prior written consent of Booking Agent. 12. Proprietary Information. During the term of this Agreement and for a period of two (2) years following the termination of this Agreement, Principal will not call on, solicit, or negotiate the same services with any person with whom an engagement was negotiated or procured by Booking Agent, unless pursuant to this Agreement, without the express written permission of Booking Agent. 13. Entire Agreement of the Parties. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Booking Agent for Principal and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. 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 is not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. 14. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 15. Attorney Fees. In the event any action, suit or other proceeding is instituted to enforce this Agreement, or arising out of this Agreement, or to prevent or obtain relief from a breach of this Agreement, or for a declaration of rights under this Agreement, the prevailing party shall recover all of such party's attorney fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions there from. As used herein, "attorney fees" shall be deemed to mean the full and actual costs of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fee charged by the attorneys performing such services, and shall not be limited to "reasonable attorney fees" as defined in any statute or rule of court. 16. Waiver of Right to Contest Jurisdiction. Principal hereby consents to jurisdiction over his/her person in the State of New York in connection with any action instituted to enforce this Agreement, or arising out of this Agreement, or to prevent or obtain relief from a breach of this Agreement or for a declaration of rights under this Agreement. 17. Governing Law. Principal acknowledges and agrees that this Agreement was negotiated in the State of New York, and will be governed by and construed under the laws of the State of New York. Initial

3 INDEPENDENT CONTRACTOR S AFFIDAVIT To: Tele Pay USA Services (Booking Agent) From:, (Print Name) States under oath as follows: Name: (Print) Address: City, State Postal Code: (1) I am eighteen years of age or older; (2) Working as an independent contractor for booking agent, and I am not an employee; (3) I am responsible for and will pay my own personal income taxes and withholding taxes to any state, local or federal governing body; (4) I shall be responsible for my own workers compensation insurance premiums and any and all public liability insurance premiums; and (5) I understand that I am not entitled to receive any employee benefits in any form from the above-mentioned employer. I fully understand the above and agree that booking agent shall not be responsible for any liabilities resulting from misrepresentations made on this affidavit. I hereby agree to indemnify and hold employer harmless for any such misrepresentations. Phone: Taxpayer I. D. (SS# or EIN) I,, hereby declare and state under penalty of perjury under the Laws of the State of that the forgoing is true and correct to the best of my knowledge and belief. By: (Signature) Date

4 This section must be filled out completely Title: Principle Name: SSN or Corp #: Address: City: State: Zip: Phone: Chat If you have 40 calls or more and your average hold time on all calls is: 10 minute or higher.40 cents a minute 9 minute or higher.30 cents a minute 8 minute or higher.17 cents a minute 7 minute or higher.12 cents a minute Regardless of number of calls Less than 6 minute hold time.07 cents a minute 6 minute hold time or greater.10 cents a minute All Accounts Payable start (Eastern Standard Time) to 11:59pm (Eastern Standard Time) Funds are mailed the following Friday Amounts under $25.00 will be held and carried over until over $25.00 then automatically sent The undersigned has read, understands, and agrees to the above-stated terms and conditions and agrees to them this day of, 20. X Principal X Booking Agent Return signed agreement to: Mail: Fax: P.O. Box or Anaheim Ca

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