The Tattoo Shop Artist Agreement form is a crucial document that outlines the terms of employment between a tattoo artist and a tattoo shop. This agreement establishes the artist as an independent contractor, detailing their responsibilities, compensation, and the nature of their relationship with the shop. Understanding this form is essential for both artists and shop owners to ensure clarity and protect their rights.
The Tattoo Shop Artist Agreement form serves as a vital document that outlines the relationship between a tattoo artist and the tattoo shop they work with. This agreement is established between the artist, who operates as an independent contractor, and the company that owns the shop, detailing the terms of their collaboration. It specifies the commission structure, indicating that the artist will receive a percentage of the income generated from their tattoo services, while also clarifying that the artist is responsible for their own taxes and expenses. The agreement emphasizes the independent contractor status of the artist, which means they are not entitled to employee benefits and must handle their own financial obligations. Additionally, the document includes provisions for termination, ensuring that either party can end the agreement with proper notice. It also addresses indemnification, assignment of the contract, and the governing law, ensuring that both parties understand their rights and responsibilities. By signing this agreement, both the artist and the company affirm their commitment to a professional relationship built on mutual benefits and clear expectations.
When filling out the Tattoo Shop Artist Agreement form, it is important to follow certain guidelines to ensure accuracy and completeness. Below is a list of things you should and shouldn't do:
When filling out and using the Tattoo Shop Artist Agreement form, it is essential to keep several key points in mind. Here are some important takeaways:
By keeping these key points in mind, both the Artist and the Company can ensure a clear understanding of their rights and responsibilities under the Tattoo Shop Artist Agreement. This clarity helps foster a positive working relationship and minimizes potential misunderstandings.
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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)
There are several misconceptions about the Tattoo Shop Artist Agreement form that can lead to confusion. Here are five common misunderstandings:
Understanding these misconceptions can help artists navigate their agreements more effectively and ensure a smoother working relationship with the tattoo shop.
Freelance Agreement: Similar to the Tattoo Shop Artist Agreement, a freelance agreement outlines the terms of work between a freelancer and a client. It specifies the scope of work, payment terms, and the independent contractor status of the freelancer, ensuring both parties understand their responsibilities and rights.
Independent Contractor Agreement: This document shares key elements with the Tattoo Shop Artist Agreement, focusing on the relationship between a company and an independent contractor. It clarifies the contractor's status, payment structure, and responsibilities, emphasizing that the contractor is not an employee.
Service Agreement: A service agreement is similar in that it establishes the terms under which services are provided. It details the nature of the services, payment terms, and the obligations of both parties, much like the terms outlined in the Tattoo Shop Artist Agreement.
Commission Agreement: This type of agreement focuses specifically on commission-based compensation, paralleling the commission structure found in the Tattoo Shop Artist Agreement. It defines how commissions are calculated, paid, and the responsibilities of the parties involved.
Partnership Agreement: While typically more complex, a partnership agreement shares similarities in outlining the roles and responsibilities of each party. It may also address profit-sharing and decision-making processes, akin to the collaborative nature of the Tattoo Shop Artist Agreement.
Non-Disclosure Agreement (NDA): An NDA, while focused on confidentiality, can be similar in its intent to protect business interests. Both agreements establish clear terms regarding the handling of sensitive information, ensuring that proprietary business practices are safeguarded.