The Tattoo Shop Artist Agreement form is a legal document that outlines the relationship between a tattoo artist and a tattoo shop. This agreement defines the artist as an independent contractor and establishes the terms of employment, including compensation and responsibilities. It ensures both parties understand their rights and obligations while working together.
The Tattoo Shop Artist Agreement form serves as a crucial document that outlines the relationship between a tattoo artist and the shop that employs them. This agreement establishes the artist as an independent contractor, which means they are responsible for their own taxes and expenses. The document specifies the commission structure, detailing the percentage of income the artist will receive for their work, and clarifies that the artist will not receive employee benefits. It also includes provisions for termination, allowing either party to end the agreement with proper notice. Additionally, the form addresses liability, requiring the artist to indemnify the company against any claims arising from their work. The agreement is governed by the laws of the state in which the company operates, ensuring that both parties adhere to local regulations. Furthermore, it emphasizes that any amendments must be made in writing and that disputes will be resolved through binding arbitration. Overall, this agreement is essential for protecting the rights and responsibilities of both the artist and the company, creating a clear framework for their professional relationship.
Employment Agreement with Tattoo Artist as an Independent Contractor
Agreement made on the ____ day of _________________________, 20____, between
____________________________________________ (Artist) of ___________________
______________________________________________________________________________
__________________________________________(street address, city, county, state, zip code),
referred to herein as Artist, and _________________________________________________
(Company), a corporation organized and existing under the laws of the state of
____________________________________, with its principal office located at _____________
_________________________________________________________________ (street address,
city, county, state, zip code), referred to herein as Company.
Whereas, Artist is a Tattoo Artist and is looking for locations where he can service clients; and
Whereas, Company has a shop where tattoos are created for customers; and
Whereas, Company desires to hire Artist to create tattoos at Company’s shop;
Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.Company agrees to employ Artist as an independent contractor beginning
_________________________________________ (date) and continuing until termination in accordance with Section 5. Artist accepts employment with Company on the terms and conditions set forth in this Agreement, and agrees to act as an independent contractor to create tattoos for customers at Company’s shop located at ____________________________________
_________________________________________ (street address, city, county, state, zip code).
2.In consideration of all services to be rendered by Artist for the benefit of Company, Company shall pay to Artist a commission of ______% of income charged and collected by Artist for creating tattoos for customers at Company’s Shop. Commissions will be paid on the
____________________________________________________ (e.g., first day of each month). All compensation shall be paid to Artist without deductions for taxes or other withholding, and Artist shall be responsible for all taxes as set forth in Paragraph 3 below.
3.Artist agrees that he is not an employee of Company for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Artist agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount paid by Company to Artist. As an independent contractor Artist is not eligible to participate in any of the Company’s fringe benefit programs.
4.Artist shall pay all of his own expenses in connection with this Agreement. The only obligation of Company is to pay the applicable commission specified in this Agreement. This Agreement shall become effective on the date stated above, and shall remain in effect for a period of ___________________________________ (e.g., number of weeks, months, or years) unless terminated for breach or as provided in this Agreement.
5.This Agreement may be terminated by mutual agreement of Company and Artist or by written notice of either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this Agreement
__________ (number) days after the date such notice is sent to the other party via certified or registered mail.
6.Artist agrees to indemnify and hold harmless Company, its agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of performance of the obligations of Artist under this Agreement that are caused in whole or in part by Artist’s negligent act or omission.
7.Assignment of Contract
Neither of the parties may assign this Agreement or any rights under the Agreement
without the prior written consent of the other party.
8.Governing Law
The parties agree that this agreement shall be governed by and construed pursuant to the
laws of _______________________________________________ (state).
9.Entire Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of
the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement.
10.Amendment
The parties agree that they may amend this Agreement only by a written agreement duly
executed by persons authorized to execute agreements on behalf of the parties.
11.Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
WITNESS our signatures as of the day and date first above stated.
____________________________________
COMPANY
_______________________________________
By_________________________________
OWNER
(Name and Office in Corporation)
When establishing a tattoo shop and hiring artists, several additional forms and documents may be necessary to ensure clarity and compliance. These documents support the Tattoo Shop Artist Agreement by addressing various aspects of the business relationship, legal obligations, and operational protocols. Below is a list of commonly used forms that can accompany the Tattoo Shop Artist Agreement.
Utilizing these documents alongside the Tattoo Shop Artist Agreement can significantly enhance the operational efficiency and legal protection of the tattoo shop. Each form plays a vital role in establishing clear expectations and safeguarding the interests of both the artist and the business.
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When filling out and using the Tattoo Shop Artist Agreement form, keep these key takeaways in mind:
By following these takeaways, you can navigate the Tattoo Shop Artist Agreement effectively and protect your interests as an artist.
The Tattoo Shop Artist Agreement form outlines the terms and conditions under which a tattoo artist operates as an independent contractor for a tattoo shop. It establishes the relationship between the artist and the company, detailing responsibilities, compensation, and other important aspects of the working arrangement.
The artist receives a commission based on a percentage of the income charged and collected for the tattoos they create. The specific percentage is outlined in the agreement, and commissions are typically paid on a regular schedule, such as the first day of each month.
The artist is considered an independent contractor, which means they are responsible for their own taxes. This includes state and federal taxes, as well as any unemployment or social security contributions. The company does not withhold any taxes from the artist's earnings.
Yes, the agreement can be terminated either by mutual consent of both parties or through written notice from one party to the other. The notice must be sent via certified or registered mail and will take effect a specified number of days after it is sent.
The artist must cover all their own expenses related to their work under this agreement. The only obligation of the company is to pay the agreed-upon commission for the services rendered.
Any disputes arising under this agreement must be resolved through binding arbitration. If the parties cannot agree on an arbitrator, each will select one, and those two will choose a third arbitrator to resolve the issue. The arbitration process will follow the rules set by the American Arbitration Association.
No, neither party can assign the agreement or any rights under it without obtaining prior written consent from the other party. This ensures that both parties maintain control over the terms of their relationship.
The agreement is governed by the laws of the state specified within the document. This means that any legal interpretations or disputes will be handled according to that state's laws.
Yes, this agreement is the complete and exclusive statement of the mutual understanding between the parties. It supersedes any prior written or oral agreements related to the same subject matter, ensuring clarity and consistency in the relationship.
This agreement clearly states that the artist is an independent contractor. This means the artist is not entitled to employee benefits or protections.
The agreement specifies that the artist earns a commission based on the income generated from their work. This structure allows for earnings that can vary significantly.
In fact, the artist is responsible for all applicable taxes. The agreement explicitly states that the company will not withhold taxes from the payments made to the artist.
The agreement has a defined duration and can be terminated under specific conditions. Both parties have the option to end the agreement with proper notice.
Neither party can assign their rights under the agreement without the written consent of the other party. This ensures that both parties maintain control over their commitments.
As an independent contractor, the artist is not eligible for any fringe benefits offered by the company. This is a key distinction between contractors and employees.
The agreement requires disputes to be resolved through binding arbitration, not through the court system. This can expedite the resolution process and reduce legal costs.