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Subcontractor Agreement
This Independent Contractor Agreement, (“Agreement”) is entered into by and between __________________________
(“Contractor”) and the undersigned independent contractor (“Subcontractor”) on the date and at the place set forth below:
WHEREAS, the Contractor is in the business of providing janitorial cleaning and other services for commercial businesses and others and has and develops or obtains clients desiring such services; and
WHEREAS, the Subcontractor is ready, willing and able to provide janitorial cleaning and other services for commercial businesses and others;
NOW, THEREFORE, it is mutually agreed as follows:
- The Owner will supply the Subcontractor with clients of the Owner to service;
- The Subcontractor shall work diligently and use best efforts to service clients of the Contractor as necessary in providing janitorial cleaning and other services thereto;
- The Contractor will pay an agreed-upon amount to the Subcontractor for services rendered to each client of the Contractor;
- The Subcontractor’s days and hours of performing such services are variable from day to day and week to week and are mutually determined and agreed upon based upon the requirements and needs of the clients and the availability of the Subcontractor to render such services;
- Subcontractor shall provide all cleaning materials, equipment and tools necessary, as agreed upon by the parties either orally or in writing;
- The Contractor shall not be liable for any negligent, reckless or intentional acts or omissions of the Subcontractor, nor shall the Subcontractor bind or attempt to bind the Contractor in any manner; and nothing herein shall be construed as creating the relationship of employer and employee between the parties, but rather, the Subcontractor shall at all times be deemed to be an independent contractor and free of any control by the Contractor in selecting the time or method of work or transportation used;
- The Contractor may withhold $50.00 from any sum or sums due or accruing to the Subcontractor for services performed in the event of any claim by a client of the Contractor due to loss, injury or damage as the result of services rendered or provided by the Subcontractor, to be applied to the cost thereof, with any excess amount withheld paid to the Subcontractor after cost of such loss, injury or damage is ascertained; any damage amount between $50 and $250 will be shared equally between the Contractor and Subcontractor.
- The Subcontractor shall indemnify and hold the Contractor harmless from all losses, injuries or damages caused by the negligent, reckless or intentional acts or omissions of the Subcontractor in rendering services pursuant to the Agreement, including payment of reasonable attorneys’ fees and costs in the defense of any claim made by a third person incident to such negligent, reckless or intentional act or omission;
- All manuals, booklets and materials of the Contractor, and all records of the Contractor’s clients, route books, and any other records, books or other materials relating in any matter whatsoever to clients of the Contractor, whether prepared by the Contractor or others coming into the Contractor’s possession, shall be exclusive property of the Contractor regardless of who actually purchased or created the original books, records or materials, and all such books records and material shall be immediately returned or delivered over to the Contractor by the Subcontractor upon demand therefor;
- The Subcontractor shall not make known to any person, firm, corporation, or business the names and/or addresses of any clients of the Contractor, or any other information pertaining to them, or call on, solicit, take away, or accept, directly or indirectly, business from such clients, with whom the Subcontractor becomes acquainted during and/or as a result of services rendered pursuant to this Agreement, whether for the Subcontractor’s benefit, or potential benefit, of any other person, firm, corporation or business during the term of this Agreement, or for a period of eighteen (18) months after the termination of this Agreement;
- The Subcontractor shall not provide the clients of the Contractor with the Subcontractor’s home telephone number or any other information enabling such clients to contact the Subcontractor other than through the Contractor.
- Payroll is made on the fifteenth (15th) and first (1st) of each month from the preceding month’s collections.
The term of this Agreement shall commence on its execution and shall terminate upon fourteen (14) days written notice, by the Subcontractor. The Contractor can cancel, without notice, for nonperformance.
- If proper notice is not given by the Subcontractor, then all monies due Subcontractor are forfeited.
- If a customer cancels due to poor workmanship or due to any fault of the Subcontractor, then the last check from the canceled customer will be forfeited.
Subcontractor Application
Please complete the information below. Someone will be in contact with you with additional information.
By submitting this form, I agree to the Subcontractor Agreement shown above.
Please complete all information above, or you will see an error when submitting this form. Thank you.