Hahn Blue Sky Travel
INDEPENDENT CONTRACTOR AGREEMENT
Social Security #___________________
Business address(if different from above)
In order for Hahn Blue Sky Travel to efficiently conduct its business and thereby be able to identify commissions of the Independent Contractor (IC), it is necessary for each IC to observe certain operation procedures. If IC does not adhere to these procedures, and thereby jeopardizes the efficient operation of Hahn Blue Sky Travel, then Hahn Blue Sky Travel is entitled to certain remedies. Accordingly, the undersigned IC agrees to the following operating procedures and remedies to remain an IC in good standing.
1. Term of Agreement
Hahn Blue Sky Travel hereby retains the IC to act as an independent outside salesperson and the IC agrees to act in such a capacity on behalf of Hahn Blue Sky Travel upon approval of membership. Failure of IC to comply with any terms or conditions of this Agreement will be considered grounds for termination of this Agreement.
2. Duties of Independent Contractor
The IC is hereby retained by Hahn Blue Sky Travel as a self-employed business person to sell travel and travel services to the public on behalf of Hahn Blue Sky Travel. Appointment as an IC does not constitute the sale of a franchise or distributorship, nor is it an employment agreement.
IC and any of his/her employees or associates, will whenever contacting any travel supplier for the purposes of making or changing or inquiring about travel bookings on which IC expects to receive commissions as a result of Hahn Blue Sky Traver's appointments, represents his/her self as an IC for Hahn Blue Sky Travel. IC will never give his/her own company name, home or business address, or home or business phone number to any travel supplier (cruise line, hotel, car rental company, tour operator, etc.) because to do so will hinder Hahn Blue Sky Travel's ability to collect the commission that will be shared with IC. IC may use his/her name personal, (not company name), address, and phone number with suppliers only if IC advised them that this is an IC's personal address and not the business address. If IC fails to observe this procedure, and IC specifically agrees that a supplier having his/her company name and/or address and/or phone number in connection with a specific booking(s) is conclusive proof that IC did violate this procedure. After 2 offenses, the IC will be dropped from this program.
IC will always identify his/her statues as "Independent" when using Hahn Blue Sky Travel's name on any related correspondence, business cards, etc given to a supplier. IC is allowed to use their own business name, address, phone, web site, etc on correspondence, business cards, etc when given to their clients.
IC is solely responsible for timely payments for deposits and final payments due suppliers for their clients' travel. Hahn Blue Sky Travel takes no responsibility for delays of mail, or other carriers. IC is responsible for clients NSF checks, and/or non-authorized credit card usage.
3. Compensation of Independent Contractor
As compensation for the services rendered by IC under the Agreement, the IC shall be entitled to commissions on sales as follows:
1. IN GENERAL. The IC shall be entitled to 100% of the Gross Commissions received by Hahn Blue Sky Travel for sales on most cruise sales, and 80% for all other travel, ie land packages, hotels, etc., by the IC. All expenses relating to these sales shall be borne by the IC, unless otherwise agreed in writing signed by the parties. Override commission received by the Agency for volume sales shall not be considered a part of the Gross Commissions.
2. AGENCY TO RECIEVE ITS SHARE OF COMMISSION IF AGENCY'S BOOKING NUMBERS USED. While the IC is free to do business with other travel agencies or customers. Hahn Blue Sky Travel shall receive its share of the commission paid by any supplier as set forth a Subparagraph A(1) above for any sale in which the IC uses Hahn Blue Sky Travel's CLIA, IATA or assigned booking numbers to process the sale.
B. Method of Payment
IN GENERAL. IC shall be paid within 2 weeks after Hahn Blue Sky Travel receives commission payments from Suppliers
4. Independent Contractor to Provide Own Business Supplies and be Responsible for Own Expenses.
IC shall provide his/her own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his/her duties under this Agreement.
5. Place of Work
The IC may choose where the work is to be performed, is not required to work on the premises of Hahn Blue Sky Travel, and is not required to answer the phones, or perform any other duties at Hahn Blue Sky Travel's office.
IC may work whatever hours he/she wishes. No fixed hours are required by Hahn Blue Sky Travel. The IC shall not be required to attend office meetings or office training sessions.
7. Risk of Loss/Profit potential
IC assumes the risk of incurring a loss if his/her share of sales commissions does not cover the IC's expenses. Similarly, IC enjoys the right to earn a profit yielded by commission shared pursuant to this Agreement.
8. No Entitlement to Vacation or Other Benefits As Independent Contractor
As a self-employed individual, the IC shall not receive or earn any vacation or sick pay from Hahn Blue Sky Travel and is not covered under the agency's medical or dental plan.
9. Ability to Hire Assistants
IC retains the right to employ whatever assistants or bring in whatever partners he/she may require at IC's expense in order to accomplish the goal of travel sales contemplated by the Agreement.
10. Independent Contractor Shall Be Responsible For Filing of Federal, State, Local and Estimated Tax Payments on Commissions Received From Travel Agency, and for Other Assessments
IC 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 sales person.
Hahn Blue Sky Travel shall not be responsible for payment or withholding of any such items in connection with services rendered by the IC under this Agreement. IC Agrees to indemnify and hold Hahn Blue Sky Travel harmless for any assessments against Hahn Blue Sky Travel because of any failure by IC 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. Hahn Blue Sky Travel will send a 1099 to each IC earning over $600 in commissions and report those commissions to the IRS.
11. Ownership of Customers
The parties acknowledge that all customers of the IC are and shall remain the property of the IC. If the IC shall cease to be associated with Hahn Blue Sky Travel for any reason, all customers of the IC shall be free to continue doing business with the IC independently, or through any other travel agency.
12. Termination of Agreement
EVENTS CAUSING TERMINATION
This Agreement is terminable by Hahn Blue Sky Travel only on the following grounds:
*the occurrence of circumstances that make it impossible or impracticable for the business of Hahn Blue Sky Travel to continue;
*the death of the IC
*the willful or negligent breach of duty by the IC in the course of his/her performance under this Agreement;
*the continued incapacity on the part of the IC to perform his/her duties
*the minimum gross sales amount of $30,000 a year was not met. Hahn Blue Sky Travel will review all the applicant's files and reserves the right to keep an IC if member is deemed to be actively selling travel.
EFFECT OF TERMINATION ON COMPENSATION
In the even of the termination of this Agreement, the IC shall be entitled to the commission earned by him/her prior to the date of termination; the IC shall be entitled to no further compensation as of the date of termination.
TIME LIMIT FOR CLAIMING COMMISSION AFTER DATE OF TERMINATION
All claims of the IC for commission on sales, regardless of whether the sales are made by the IC or others, are waived by the IC if not made within sixty (60) days of the date of termination.
Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of Williamson County, Texas.
ATTOURNEYS 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/she may be entitled.
14. General Provisions PARTIAL VALIDITY
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 construed in accordance with the laws of Texas, and all claims, disputes, actions and other such matters between Hahn blue Sky Travel and IC shall be brought in Williamson County, Texas. IC hereby agrees to indemnify and hold Hahn Blue Sky Travel harmless for any and all claims, suits and actions arriving from any conduct or omission of IC. IC will abide by all federal, state, county and local laws, rules and regulations pertaining to this Agreement or Hahn blue Sky Travel's products, services or Suppliers. Any waiver, delay or omission by Hahn Blue Sky Travel regarding the exercise of its rights under this Agreement shall not impair Hahn Blue Sky Travel's future rights.
This is a personal service agreement that shall not be assignable by the IC without written consent of Hahn Blue Sky Travel.
COMPLETE AGREEMENT; MODIFICATION OR WAIVER
This Agreement represents the complete understanding of the parties with respect of the described IC sales relationship. It is not to be 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 party against who 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, nor shall any waiver constitute a continuing waiver.
ACCEPTANCE OF AGREEMENT
My signature indicates that I have read and agree to the terms of this Agreement.
Agency Acceptance Signature