CONTRACTOR AGREEMENT

Transcription

1 Revised 06/2015 MMG Production Manager: Address: Telephone: Extension: Fax: Company Name: FED TAX ID #: Principal Officer: Title: Tel. #: Cell #: Fax #: Type of Business/ Organization: Insurance Carrier: Policy Type: Policy Number: Exp. Date: CONTRACTOR AGREEMENT Company The Maslow Media Group, Inc 2233 Wisconsin Avenue NW; Suite 400; Washington, DC Consultant/Contractor Sole Proprietorship Corporation Limited Liability Corporation: Other: Signatures On behalf of Consultant, I have read and I understand the provisions set forth on all pages of this Maslow Media Group, Inc. Contractor Agreement, including Exhibits, and I agree that Contractor shall be bound by those provisions. The Contractor has not relied on any guaranty or promise, express or implied, as to potential revenue, profits or success from being a Maslow Media Group, Inc. Contractor. Please sign and return this document to MMG with a copy of your certificate of General Liability Insurance. Please retain a copy for your records. Thank you. Authorized Signature Title Date Accepted by The Maslow Media Group, Inc. by on. Page 1 of 6 of The Maslow Media Group, Inc. Contractor Agreement

2 Contractor: CONTRACTOR WORK ORDER MMG Client: Client Contact: Telephone: Start Date: Project/Job Location: Project/ Job Title: Description of Contracting Services to be provided: Deadline or Completion Schedule Date: MMG Fees to Contractor: Terms of Payment: Specifics: The Contractor hereby certifies that he/she has read and is familiar with the standards and specifications contained in the Contractor agreement and will abide by the requirements of The Maslow Media Group, Inc. to complete the contracting services described above. Acknowledgements: The Contractor's compensation shall be as stated above. The Contractor acknowledges that he/she it is an Independent Contractor, that he/she as well as their employees are not entitled to any employee benefits from The Maslow Media Group, Inc. MMG shall not pay or reimburse the Contractor for services rendered due to changes in the abovedescribed specifications (including changes or additions requested by the MMG client) unless such services have been approved in advance by MMG. Page 2 of 6 of The Maslow Media Group, Inc. Contractor Agreement

3 The Maslow Media Group, Inc. Contractor Agreement The parties agree as follows: 1. Scope of Work: MMG engage please fill in your company name, as a Contractor to accomplish the objectives described in the attached Scope of Work provided by our client. The term of the agreement will cover the dates provided in the Scope of Work, including pre production, production and post-production, and delivery dates. 2. Contractor Fees: Contractor's fees for services shall be as specified in the attached quote or budget submitted by the Contractor. After the Contractor submits his/her budget to MMG, MMG will then add its overhead and fees and submit it to our client. All prices quoted by Contractor to MMG will remain proprietary to Contractor and MMG and not to MMG s client. It is understood that all billing for Contractor s services will go through MMG and not through MMG s client. MMG will pay Contractor's invoice(s) in approximately 30 days from the date of receipt of invoice at MMG S office. Any reimbursable expenses must be agreed upon by MMG in advance. These invoices shall describe the scope of the work that I have done and any other detail that might be required for prompt payment. 3. Production: Once production has commenced, Contractor will keep MMG up to date on all stages of production, any changes to the Scope of Work, and provide copies of all client correspondence to MMG s Project Manager. Contractor will deal directly with MMG s client during the course of the production. Contractor shall perform services in a professional manner, consistent with the generally accepted standards in the industry and in compliance with any applicable laws, rules and regulations. Contractor has the right to hire others to assist in the production in conjunction with MMG. However, MMG reserves the right to make selections for other production staff members and technical personnel. Any selections made by MMG will be with the approval of the Contractor. If the Contractor hires freelancers to provide services to MMG s clients, he/she shall be solely responsible for (a) complying with all applicable employment and labor laws with respect to any such assistants; (b) paying all compensation owed to such assistants, and (c) classifying those freelancers per the standards set forth by the IRS covering workers in the TV industry; (d) withholding and paying all applicable taxes owed with respect to such compensation and (e) carrying the appropriate amount of workers compensation and General Liability insurance (see below). Contractor will assume all legal liability for the classification or misclassification of workers they hire directly. 4. Independent Contractor: The parties intend that the relationship created by this Agreement is that of Independent Contractor. MMG and Contractor will make many decisions jointly regarding use of outside facilities. Contractor must inform MMG of any decisions that might affect MMG s contract with our client. Contractor's failure to accomplish an objective described in the STATEMENT OF WORK in a satisfactory manner by the applicable deadline shall constitute a breach of this Agreement. This Agreement in no way makes MMG an exclusive agent of the Contractor. The commitment of the Contractor to MMG relates to the above named client only, and in no way obligates Contractor to MMG for anything else. 5. Contractor: Contractor (and its employees or subcontractors) agrees that it is not an employee of MMG and shall not be eligible to participate in any benefit programs that MMG now or hereafter maintains for its employees. Contractor shall be responsible for timely filing of all taxes due with respect to all compensation earned by Contractor under this Agreement. Contractor agrees that it will supply its own office supplies and will maintain an office to carry out its consulting services. Contractor will pay its own expenses including, but not limited to: telephone, ground transportation, meals, lodging, licensing, dues, taxes, education, and all other expenses required to maintain a business. Reimbursable expenses must be approved in advance. 6. Insurance: As in any Independent Contractor relationship, the risk of loss in your business shall continue to be borne entirely by you. We recommend that you purchase production, property, disability, and health insurance for your own protection. We require a current certificate of General Liability insurance as well as a certificate of Workers Compensation insurance in our office (if applicable, see above) prior to commencement of work. Contractor shall maintain General Liability insurance with minimum limits of one million dollars. Contractor's policy must name The Maslow Media Group, Inc. as an additional insured party. Contractor should carry production insurance, rental insurance, errors & omission insurance, and any other insurance that might be required under a contract for production, depending on the scope of work. Contractor agrees that it is solely liable for the provision of proper and full coverage of the production staff it hires. Contractor must complete the attached Independent Contractor Information Form along with a current certificate of General Liability before Company will authorize work or pay any invoice submitted by Contractor. Neither the Contractor nor the employees of the Contractor will be covered by MMG s medical, Page 3 of 6 of The Maslow Media Group, Inc. Contractor Agreement

4 disability, Workers Compensation, General Liability, errors & omissions or other insurances, except as shall be agreed in writing between the parties hereto. 7. Indemnification: Contractor shall indemnify and hold MMG and its employees harmless from and against any and all claims, demands, actions, liabilities, losses and expenses (including attorney s fees and court costs) allegedly or actually suffered by any person, including, for example, injury to or death of persons or damage to property, arising from Contractor s negligence (or the negligence of its employees and agents) in the performance of the consulting services or from Contractor s failure to carry the appropriate insurance or to make prompt and complete payment of insurance premiums or payroll related expenses or failure to notify MMG of any hiring done under this project that we are not made aware of that could be a liability for MMG. 8. Records: Contractor shall keep complete records, detailing tasks performed, hours spent, and expenses incurred in performing particular tasks. Contractor shall make such records available to MMG for inspection and for MMG s permanent records. 9. Confidentiality: All information relating to MMG s business and financial information or its clientele, are the exclusive property of MMG. Contractor shall not, without MMG s written consent, disclose, copy or use any of the Confidential Information at any time during or subsequent to Contractor's rendering of services for MMG, except as part of Contractor's performance of services for MMG. Contractor agrees to pay MMG reasonable attorney fees and related costs resulting from any unauthorized disclosure or use of MMG S Confidential Information. 10. Production Credit: Contractor agrees that MMG is to receive an on screen credit which will read A Production of THE MASLOW MEDIA GROUP or MASLOW MEDIA GROUP, Project Management, if allowable by client. Producer credit will be that of the Contractor. 11. Termination: Either party may terminate this agreement with 30 days notice. In the event of a material breach of this Agreement by Contractor, however, MMG shall have the right to terminate this Agreement immediately by providing written notice to Contractor without any obligation to make further payments to Contractor and Contractor will be liable to MMG for the amount of damages suffered by MMG as a consequence of the breach. 12. Arbitration: Disputes arising out of this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or any successor thereto. Such arbitration shall be final and binding upon the parties and shall be the sole and exclusive remedy of the parties with respect to any dispute arising out of this Agreement. The costs of such arbitration shall be borne equally by the parties. 13. Miscellaneous: This Agreement shall constitute the entire written agreement between the parties, and shall supersede any agreements or understandings in effect between the parties. Neither this Agreement nor its ATTACHMENTS may be modified or assigned except by written agreement of the parties. The laws of the District of Columbia shall govern the Agreement. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect. No breach of any provision hereof can be waived unless in writing. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same, or any other, provision of this Agreement. 14. Survival of Obligations: The obligations assumed by Contractor in Paragraphs 4, 6, 7, 8, 10 and 11 shall survive the termination of this Agreement. 15. Terms of Payment: Invoices for services, with all final expenses included, are due in our office within 48 hours of the date of service provided. If we do not receive it, we will pay only what was agreed to on your booking order. Your invoice will be paid 30 days from the date of receipt in our office, with the exception of travel (see below). 16. Rights: Contractor agrees that this is a WORK FOR HIRE and thereby assigns to any client of The Maslow Media Group all rights, title and interest to all works of authorship created or produced during the term of this Page 4 of 6 of The Maslow Media Group, Inc. Contractor Agreement

5 17. Travel Expense Reimbursement: Travel that occurs within the course of a production must be paid for BY the contractor. The contractor invoice should include any travel costs incurred that have been agreed to be reimbursed by MMG. MMG will not pay for travel (air, per diem, hotel, car rental) for vendors on MMG s credit card. Since these expenses are considered pass throughs, with no markup, to the client, vendors will not be reimbursed for these expenses until MMG has received payment from the client. All travel related expenses should be submitted to MMG in a separate invoice. The terms of the MMG Subcontractor Agreement with the Contractor are hereby made a part of this Work Order by reference. 18. MMG Business Conduct Agreement Collusion: It is fundamental that MMG independently determine the pricing, commissions and other contractual terms offered to clients or prospective clients. Discrimination/Harassment: MMG is committed to providing work environments that are free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sexual harassment. Actions, words, jokes, or comments based on an individual s race, color, religion, sex, national origin, age, disability, ancestry, sexual orientation, or any other legally protected characteristic will not be tolerated. Sexual Harassment in any form will not be tolerated in the workplace. Copyright Infringement: It is MMG s policy to respect copyrights owned by others. All work provided to Independent Contractors is a WORK FOR HIRE. You thereby assign to any client of MMG all rights, title and interest to all works of authorship created or produced during the term of this agreement with MMG. These products include but are not limited to films, scripts, processes, graphic designs, make-up techniques, the production process and all intellectual property. Illegal Substances: It is MMG s policy to maintain an environment free of drug and alcohol abuse. The use of controlled substances is inconsistent with the behavior expected of contractors. Such activity subjects others to unacceptable safety risks and undermines the ability to operate effectively and efficiently. Therefore, the unauthorized manufacture, possession, use, sale or distribution of a controlled substance in the workplace, including client sites, is prohibited. Finder s Fee: Payment of finder s fees is prohibited without the written approval of the CEO of MMG. ACCEPTED BY CONTRACTOR: Signature Today's Date Page 5 of 6 of The Maslow Media Group, Inc. Contractor Agreement

6 IF YOU HAVE BEEN RECRUITED AND PLACED AT A CLIENT BY AN MMG PRODUCTION MANAGER, PLEASE READ AND SIGN THE MMG NON-COMPETE AGREEMENT BELOW. IF YOU HAVE BEEN RECRUITED BY OUR CLIENT, AS A PAYMASTER ONLY CONTRACTOR, YOU ARE NOT REQUIRED TO SIGN THE MMG NON-COMPETE AGREEMENT BELOW. IF YOU ARE NOT SURE, PLEASE CONTACT YOUR MMG REPRESENTATIVE. MMG NON-COMPETE AGREEMENT I understand that any client with whom MMG has assigned me to work remains a client of MMG, exclusively, and I agree to report to MMG any continuing and/or additional work with any MMG client, directly or indirectly. I also agree that I will not accept employment or projects with any of the MMG client companies where I was assigned, or that I interviewed with in person or by telephone, or where my resume or reel was specifically submitted for a project or position by MMG, without the written release of MMG. In the event that I do accept full time, freelance, contract employment or any project work with an MMG client, or any of its associates, without written authorization from MMG, I understand that I will be responsible for paying a fee for damages of $ (or 20% of the project fee or 20% of any project I work on without MMG authorization, whichever is greater), to MMG, as well as all legal expenses incurred by MMG for enforcing the restrictions covered under this policy. I realize that all projects are contingent upon final approval from an MMG client company. I understand that employment or retention is at will and may be terminated at any time for any reason without prior notice by the client company or by MMG, and there is no guarantee by MMG of continued work or assignment. MMG will abide by cancellation policies, but will have no further responsibility for payment for cancelled projects beyond that. I agree that, when assigned to a client, I will perform all work in a professional manner and will abide by all of the rules and regulations established by the client company and MMG. I furthermore agree that MMG is hereby authorized to verify the information in this application and on any resume by contacting my references that I submit concerning prior job performance. I believe that the above information is true and complete to the best of my knowledge. Signature Date Company Name Page 6 of 6 of The Maslow Media Group, Inc. Contractor Agreement