|AGENCY AGREEMENT for PART-TIME EMPLOYEES 2022|
|This Agency Agreement (the “Agreement”) is made on the date signed (the “Effective Date”) by and between Classic Claus, a North Carolina Limited Liability Company ( the “Agency”), and (the “Performer” or “Employee”).|
WHEREAS, the Agency is engaged in the business of providing holiday entertainment through the use Costumed Performers such as Santa Claus, Mrs. Claus, Elves and Holiday Mascots, photography (digital and print on demand), prop rentals and conducts business in an area of 100-mile radius from Statesville, North Carolina.
WHEREAS, the Agency wishes to appoint the “Employee” to work at various venues on various dates and times agreed to between the parties throughout the Southeastern United States and to ensure they are at their performance on time as directed by the Agency.
WHEREAS, the “Employee” agrees to accept such appointment(s) on the terms and conditions set forth in this Agreement and any additional written agreements.
NOW, THEREFORE, in consideration of the mutual agreements and representations contained in this Agreement, the Parties hereby agree as follows:
The Agency hereby contracts the “Employee” for the purpose of performing the duties listed in the Artist Agreement in such manner as the Agency may instruct. The “Employee” hereby accepts the appointment(s) and agrees to perform the Duties and in accordance with the terms and conditions of this Agreement and Artist Agreement and any”Employee additional written agreements.
|Terms and Conditions|
This Agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the provisions of any written amendments to this Agreement, shall be for one (1) year, unless either Party gives written notice to terminate the Agreement.
RESPONSIBILITIES; SCOPE OF AUTHORITY, TERRITORY AND NON-COMPETE
During the Term of this Agreement, the Employee shall not represent itself as having any powers except those specified in this Agreement or otherwise specifically authorized in writing by the Agency. Without limiting the foregoing, the Employee shall not have authority to solicit new business, engage in business that the Agency provides to current customers within the following geographical area, [which area shall be the Agency’s exclusive territory] (the “Territory”): North Carolina 100-mile radius of Statesville, North Carolina.
In consideration of the Employee’s services hereunder, the Agency shall pay the Employee a fee for each event. The fee will be presented and agreed to per the Artist Agreement for each event. Event hourly rates will vary but the minimum is guaranteed to be no less than $10 per hour.
Travel fees will be added for Santa or Santa Helpers that provide sleigh or chair deliveries.
The Employee is a temporary part-time employee without benefits. The Agency is solely responsible for reporting and paying any income tax or costs assessed as part of employment with the Agency.
The Employee shall have a current criminal background check on file with the Agency for the duration of this contract.
The Employee is not required to carry additional insurance. The Agency carries[general liability, cyber liability and workman’s comp] insurance appropriate for the events scheduled by the Agency.
The Employee is responsible for providing the appropriate costume, cleaned and appropriate for the engagement unless otherwise specified in the Artist Agreement. The Agency may provide costumes, aprons or shirts for specific venues.
This Agreement may be terminated:
(a) By either Party on provision of Forty-Five (45) days written notice to the other Party, with or without cause.
(b) By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within Fifteen (15) days of receipt of written notice thereof.
(c) By the Agency at any time and without prior notice, if the Employee is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Agency, or is guilty of serious misconduct in connection with performance under this Agreement.
Following the termination of this Agreement for any reason, the Agency shall promptly pay the Employee according to the terms of the Agency Agreement for its performance of Duties before the effective date of the termination. The Employee acknowledges and agrees that no other compensation, of any nature or type, shall be payable hereunder following the termination of this Agreement.
This Agreement may be amended only with the unanimous written consent of both Parties.
Each Party will indemnify, hold harmless, and defend the other Party from and against any and all claims, litigation, losses, liabilities, costs, and other expenses incurred as a result of a material breach of the terms of this Agreement.
The Employee will indemnify and hold harmless the Agency from any claims, liability, judgments, damages, or costs ,including reasonable attorneys’ fees asserted or awarded or incurred by the Agency as a result of any act, error, or omission of the Employee.
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which Classic Claus LLC (the “Agency”) adheres to comply.
All employees should take steps to reduce the transmission of communicable diseases in the workplace.
Employees are reminded of the following:
• Stay home when you are sick.
• Wash your hands frequently with warm, soapy water for at least 20 seconds.
• Cover your mouth with tissues whenever you sneeze, and discard used tissues in the trash.
• If possible avoid face to face contact with persons that are sick with respiratory symptoms.
• Avoid touching your eyes, nose and mouth with unwashed hands.
• Clean and disinfect surfaces that are frequently touched.
EMPLOYEES WILL NOT BE ALLOWED TO WORK IF THE ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS.
1-Experienced any of the following symptoms that are not caused by a known chronic health condition?
FEVER (100.4° F or higher)
COLD OR FLU-LIKE SYMPTONS
NEW LOSS OF TASTE OR SMELL
2-Been in direct contact with a close relative, roommate or neighbor who has been diagnosed with COVID-19?
3-Been told by a health care professional you may have been exposed to COVID-19?
Employee knowingly and voluntarily agrees to accept and does hereby accept all risks related to the novel Coronavirus and COVID-19 as well as all risks of injury, illness, disability, death and property damage. Employee hereby releases and waives any and all claims against Classic Claus LLC and clients of Classic Claus LLC
RELATIONSHIP OF PARTIES
The performer is a part-time employee of the Agency.
Neither Party may assign this Agreement or any interest herein without the other Party’s express prior written consent.
NO IMPLIED WAIVER
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party as follows:
If to the AGENCY:
Classic Claus LLC
P.O. Box 35
If to the PERFORMER:
This Agreement shall be governed by the laws of the state of North Carolina, without regard to its conflicts of law provisions.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, (i) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision and (ii) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect.
This Agreement constitutes the entire understanding between the Parties concerning its subject matter and supersedes all prior discussions, agreements, and representations, whether oral or written, and whether executed by either Party. No modification, amendment, or other change may be made to this Agreement unless reduced to writing and executed by authorized representatives of both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.