This agreement is dated _________________ by and between THE CRUISEMAN (company) and _______________________________, who is referred to as an "Independent Contractor". Whereas, THE CRUISEMAN is operating as a Cruise Only travel agency and agrees to retain ______________________________ as an Independent Contractor for the purpose of promoting and booking cruise vacations.
1. RELATIONSHIP OF PARTIES:
It is understood and agreed by both parties that an Independent Contractor is not an employee of THE CRUISEMAN, and that there will not be any withholding of income taxes or Social Security taxes. Further, THE CRUISEMAN is not responsible to provide health insurance, workman's compensation, or any other benefits normally and customarily associated in an employer/employee relationship. Independent Contractor may work from his/her home, from the company office or in the field, whenever he/she desires to work, and will maintain no set work schedule with the company. Independent Agent agrees to pay the annual enrollment fee when it is due.
2. CONFIDENTIAL, PROPRIETARY AND PRIVILEGED INFORMATION:
Independent Contractor agrees that he/she will not at any time take or misappropriate matters such as client lists, name files, data books, records, computer data, accounts or any other confidential information used at or on the property of The Company under this contract.
I understand that my income as an Independent Contractor is derived from commissions on my own retail sales. To preserve the Company's name and integrity in the market place, I will endeavor to book all travel-related sales made by me through the Company. However, as an Independent Contractor I reserve the right to book travel-related sales with any travel agency.
I agree to accept and comply with the Company's Compensation Plan and operating Procedures. I agree that they are incorporated by reference into this Agreement in present form, and from time to time, may be amended by the Company.
Independent Contractors who are individuals acting alone, whether or not incorporated, working under contract with The Cruiseman to sell The Cruiseman's travel services, but only when selling The Cruiseman's travel services or conducting The Cruiseman's Travel Agency Operations are covered on our master "Errors & Omissions" insurance policy. The Independent Contractor cannot have any employees or Independent Contractors of their own (in other words, they are truly a one man/woman operation with no outside agents or assistance of their own), they must operate as "retail" travel agents and may not package or operate their own tours, and they must disclose to their clients that they are an Independent Contractor for The Cruiseman. This disclosure should be on invoices, travel documents, business cards and/or marketing materials they use, including web sites. If the Independent Contractor is operating under a different name without disclosing that they are an Independent Contractor for The Cruiseman, then they should purchase their own policy, as they would not be covered under the "Person's Insured" section as defined above.
I understand that the term of this agreement is for one year and shall renew automatically in August of each year, provided there are no notices of termination by either party, and upon my payment of an annual renewal fee to the Company.
This agreement shall be governed by the Laws of Missouri.
This contract constitutes the entire agreement between the parties and supersedes all previous negotiations or oral representations, none of which shall be binding. It is agreed that this contract shall govern the parties and nothing else.
I understand and agree to the terms of this contract with The Cruiseman.
(please print clearly)
Date of Birth __________________________________________
Social Security # __________ -- _______ -- __________
Fax Number ___________________________________________
e-mail address _________________________________________ (we suggest you set up a special email for your cruise business)
If you would like to receive
your commissions by direct deposit please provide the 9 digit routing
number, and the bank account number
for the account you would like to have your checks sent to.
Mail this contract to the address below. Don't forget to include your check for your annual support fee.
v. 4.0 9/7/11