This is a copy of the agreement that was in place.
Independent Contractor Agreement (Contract for Services)
Arrangements for the Provision of gel polish application & removal, nail art, manicures and pedicures.
Details of the Parties
This agreement is made between:
Miss A- Owner Of xxxxx
and
Miss Z
Commencement and Termination
This Agreement shall be deemed to commence on 17th April 2018 and shall continue until 17th October 2018. This Agreement will be reviewed every 6 months.
Either party may terminate this agreement, by giving 3 months written notice to the other party. However Miss A. reserve the right to terminate the Agreement with immediate effect if the Contractor breaches the terms and conditions of this Agreement.
Services
Miss A engages the Contractor to provide, and the Contractor agrees to provide, gel polish application and removal, nail art, manicure and pedicure services within the scope of their professional competence and fully in line with the terms and conditions set out in this Agreement.
The work will be carried out by the named Contractor appointed, who may not sub-contract all or any part of the work to someone else or the contractor themselves work outside of the business premises at any time.
Terms
The Contractor is an independent contractor and is not an employee of Miss A . In this context, the Contractor shall be wholly responsible for all income tax and national insurance and other similar contributions or taxes which may be payable out of, or as a result of the receipt of, any fees or other monies paid or payable by the Miss A.
Prior to this contract taking effect, the Contractor will provide the Miss A with appropriate evidence of self-employment status. Normally, relevant correspondence with the Tax Office will be sufficient for this purpose.
If the Contractor decides to terminate the contract within one calendar year from each qualification obtained from Miss A the full sum of each qualification is to be paid back to Miss A . If the Contractor decides to terminate the contract after one year to eighteen months after the qualification was obtained from Miss A then 50% of the course fee is to be paid back to Miss A. After two calendar years from the date each qualification is obtained from Miss A , there will be no fee.
The Contractor shall maintain in force for the duration of this agreement adequate insurance relating to the provision of Services pursuant to this Agreement. Evidence of such insurance cover must be provided to Miss A from and against any and all loss damage or liability (whether civil or criminal) suffered and legal fees and costs incurred by Miss A resulting from a breach of this Agreement by the Contractor.
In the event that the Contractor cannot perform the Services during any period of this contract for any reason including sickness,as the Contractor manages their own diary shall inform their own clients by 09.00 am on the first day of non-performance. No fees are payable covering periods of non-performance.
Initially whilst the contractor remains in other full time employment services in this contract will be delivered by the Contractor with a minimum of 10 hours per week to reach an appropriate level of progression.
The Contractor shall not agree any further work with a competitor to Miss A for similar or related work without first receiving the agreement of Miss A, and shall not solicit further work from a competitor directly for similar or related work.
Any requests for goods or services that the Contractor receives while working with a client of Miss A will be considered the property of Miss A, and the information should be provided to them within 24 hours of receiving such a request.
Miss A proposes that the Contractor will be available to work on Tuesdays and/or Thursdays between 5.30pm and 9pm and Saturdays between 10am-4pm, for a minimum of 10 hours across these days, however this can be renegotiated regularly depending on the Contractors progress and demand for work.
The Contractor is required to manage their own social media pages, under the name Enchanted Nails Miss Z in keeping with the image of the business.
Fees
For the Contractors initial treatments (depending on the Contractors progress determined by the Contractor and Miss A) will be no charge to the client and no fee from the Contractor to Miss A.
After this, Miss A requires the Contractor to charge
£5 for a gel polish treatment on fingers or toes or a full manicure or pedicure
£10 for a full manicure or pedicure with gel polish
£5 for a removal of gel polish
At this stage, Miss A will consider this a training period and all monies paid by clients to the Contractor will be the Contractors to keep, and Miss A will not take a fee for this.
When the Contractor feels they are competent and Miss A finds that the Contractors work is adequate, no longer than 3 months after the Contractors completion of training courses and their start date, there will be a price increase to -
£10 for a gel polish treatment on fingers or toes or a full manicure or pedicure
£15 for a full manicure or pedicure with gel polish
£10 for a removal of gel polish
In co-ordination with the price increase Miss A
After the Contractor has completed training and is to a sufficient standard agreed by both the Contractor and Miss A, the Contractor will charge for treatments as per the price list set by Miss As, and the 60/40% split will continue foreseeably.
The working week for Enchanted Nails goes from Tuesday-Saturday. Every Monday, for the week previous the Contractor will be required to pay 40% of their takings to Miss A by bank transfer only.
yments or benefits whatsoever.
Minor out of pocket expenses will be reimbursed on agreement with the Miss A
Confidentiality
In the event of Miss A making available confidential information relating to its business, clients or customers in the course of this Agreement, the Contractor will maintain the confidentiality of such information, and will not disclose it to any third parties whatsoever. Furthermore, except in so far as such matters are properly in, or come into the public domain, the Contractor agrees to keep secret and confidential all matters contained in this Agreement.
Any materials whether physical, electronic or intellectual created by the Contractor in the course of carrying out Services under this Agreement will belong to the Miss A which shall retain the exclusive rights to such material unless agreed otherwise in writing by the Miss A.
Applicable Law and Jurisdiction
This Agreement is made and shall be interpreted in accordance with English Law and subject to the jurisdiction of the English courts sitting in England
I really don’t want to go down that route but she is coming across as childish.
