Terms and Conditions
The Agent, also know as an Independent Contractor is hereby retained by The Charter Agency as a self-employed business person to sell charters and experience services to the public on behalf of The Charter Agency.

The Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of his/her responsibilities, including but not limited to, payment of any estimate or other federal, state or local income taxes, and payment of applicable charges for social security, FICA, and worker’s compensation. Charter Agency shall not be responsible for payment or withholding of any such items in connection with services rendered by the Independent Contractor under this Agreement. Independent Contractor agrees to indemnify and hold Charter Agency harmless because of any failure by Independent Contractor to properly pay federal, state or local income taxes (including estimated tax payments) and file returns in connections therewith, or to pay social security, FICA, or worker’s compensation.

Obligations of Independent Contractor
The Independent Contractor will not, at any time, either himself/herself or through others, solicit or divert, or attempt to solicit or divert, clients, customers, sales, bookings, or business from The Charter Agency to, or for, any other yacht charter/water sport company, or other entity or individual either during the term of the business relationship or following the termination of Independent Contractor for a period of 6 months. The Independent Contractor will not, at any time, either himself/herself, or through, or with the aid of an assistant of others, take, misappropriate, or misuse any client list, name, file, book, record or account or other confidential customer data used at or in The Charter Agency’s business. These items are and shall remain the property of The Charter Agency.

Compensation of Independent Contractor
As compensation for the services rendered by Agent under this consent, the Independent Contractor shall be entitled to commission on booking/sales as follows:

IN GENERAL. The Independent Contractor shall be entitled to ten percent (10%) of the Gross Commissions received by The Charter Agency for direct booking sales of charters services secured by the Independent Contractor. All expenses relating to these booking sales shall be borne by the Independent Contractor, unless otherwise agreed in writing signed by the parties. Override commissions received by the Agency for volume sales shall not be considered a part of the Gross Commissions until certain conditions of sell quotas are met.

Expenses
Independent Contractor must provide his/her own business supplies and be responsible for his/her own expenses. Independent Contractor shall provide his own business cards and other marketing materials and shall otherwise be responsible for all expenses incurred in performing his duties under this business relationship.

Place of Work
The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of The Charter Agency, and is not required to answer the phones, or perform any other duties at The Charter Agency’s place of business.

Hours
The Independent Contractor may work the hours he or she desires. No fixed hours are required by The Charter Agency. The Independent Contractor shall not be required to attend office meetings or office training sessions.

Risk of Loss/Profit Potential
Independent Contractor assumes the risk of incurring a loss if his/her share of sales commissions does not cover the Independent Contractor’s expenses. Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared.

No Entitlement to Vacation or Other Benefits as Independent Contractor
As a self-employed individual, the Independent Contractor shall not receive or earn any vacations or sick pay from The Charter Agency and is not covered under the agency’s medical or dental plan.

Taxes
Independent Contractor Shall Be Responsible For Filing of Federal, State, and Local Estimated Tax Payments On Commissions Received From Charter Agency, and For Other Assessments.

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You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall the Information and booking system formula be used in connection with creating, promoting, trading, booking and selling without the express written consent of Shift Media Group and The Charter Agency or its Information Providers.

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