AUXILIARY INDEPENDENT CONTRACTOR AGREEMENT STAKE HOUSE LLC
This is an agreement between STAKE HOUSE LLC (“Agent”) and {name} {Stage} (“PERFORMER’), who are the “Parties” to this Agreement. AGENT has contracted with one or more clubs (“Club”) featuring nude dancing to provide and schedule dancers. PERFORMER desires to perform nude dancing for her clients and the general public in those clubs as an independent contractor, and not as an employee. This Agreement is intended to describe a working relationship which meets the definition of an “independent contractor” under state and federal law. PERFORMER and AGENT enter into this Agreement in order to acknowledge PERFORMER’s “ independent contractor” status and to provide certain rules and regulations to regulate performances for the mutual benefit and profitability of the PERFORMER, AGENT, and AGENT’s client clubs.
1. Relationship of the Parties.
PERFORMER and AGENT agree that nothing in this Agreement is intended to describe or imply a partnership or employment relationship between the Parties and any club in which PERFORMER is scheduled to work other than as booking agent (AGENT) and independent contractor (PERFORMER). PERFORMER shall be solely responsible for reporting any and all earning and/or income reports, taxes, license fees, or charges of any kind arising out of or related to the services provided by PERFORMER contemplated by this Agreement. The Parties understand and agree that AGENT will not provide any accounting, summaries, or reports of any kind, nor pay any taxes, fees, charges, or employment benefits of any kind for or on behalf of PERFORMER for any reason.
This Agreement is dated {Todays}, and is effective for a period of one week. It may be renewed for additional periods of one week each upon oral or written agreement of the Parties. THIS AGREEMENT MAY BE TERMINATED IMMEDIATELY BY PERFORMER, AGENT OR CLUB UPON NOTICE BY ONE PARTY TO THE OTHERS.
2. PERFORMER’S Duties and Responsibilities
2.1 Audition and Agent Rating. PERFORMER agrees to perform in an audition to permit AGENT to determine, in AGENT’S sole discretion, PERFORMER’S experience, skill, appeal, and suitability for placement into AGENT’S client clubs. If accepted as a performer, PERFORMER shall submit to AGENT on a weekly basis in the manner prescribed by AGENT, a schedule request identifying 1) the Club(s) at which PERFORMER desires to perform; and 2) the dates and shifts on which PERFORMER desires to perform. AGENT will use AGENT’S best effort to schedule PERFORMER in a manner commensurate with PERFORMER’S experience, skill, appeal and suitability as a performer. PERFORMER is free to accept or decline the Club and shifts proposed by AGENT.
2.2 Fees and Charges Payable by PERFORMER. If PERFORMER agrees to the Club(s) and shifts proposed by AGENT, PERFORMER shall notify AGENT of her acceptance. In consideration for booking PERFORMER into the agreed upon Club, PERFORMER shall pay to AGENT a booking fee, described on the attached Fee Schedule, and as amended. PERFORMER understands and agrees that more than one dancer may be scheduled to perform in the same Club and on the dates and shifts worked by PERFORMER, and that it is reasonably necessary, for PERFORMER’S benefit and the benefit of all of AGENT’s performer clients, to establish minimum charges for PERFORMER’S performances. Therefore, in further consideration for booking
PERFORMER into the agreed upon Club, PERFORMER agrees that all charges and tips paid by customers and
earned by PERFORMER are the property of PERFORMER, except for fees and charges payable to the AGENT and/ or a Club, as follows:
2.2.1. For performances on stage, AGENT and/or Club will require customers seated at the stage to pay as a “seating fee” of $2.00 per song. PERFORMER agrees to collect the seating fee for AGENT and deliver all collected seating fees to AGENT daily at the close of PERFORMER’s business. AGENT agrees to pay PERFORMER a commission for the collection of AGENT’s seating fee as described on the attached Fee Schedule. PERFORMER will sign at the end of each shift for all private dance monies received. PERFORMER shall declare all monies earned on stage per shift. If $66 or more is earned on stage PERFORMER shall put a check mark in the “$66√” column next to where they sign for private dance monies received. If less than $66 is earned that shift on stage, then PERFORMER shall indicate the exact amount earned on stage that shift in the same column.
2.2.2. For private dances, the Club and/or AGENT shall charge a suggested retail price for private dances as described on the attached Fee Schedule which shall be paid by the customer to AGENT. However, PERFORMER may adjust the cost of a private dance in the form of a rebate or surcharge of the suggested retail price, in her sole discretion. All private dance fees shall be paid by the customer to AGENT or AGENT’S designated representative and held in a house account as soon as they are earned. AGENT agrees to accept and process dance fees charged to PERFORMERS’ customer credit cards. Daily at the close of PERFORMER’s business, AGENT will remit to PERFORMER all dance fees earned during the PERFORMER’s shift, less the applicable agency fees and any credit card processing fees payable to AGENT pursuant to the attached Fee Schedule.
2.2.3 AGENT, or AGENT’S designated representative shall issue to PERFORMER annually a 1099, reflecting the total amount paid to PERFORMER pursuant to this Agreement in the preceding tax year. This is the amount which will be reported to the Internal Revenue Service as income to PERFORMER. It is PERFORMER’S sole responsibility to account for and report tips not reflected on the 1099 provided by AGENT.
2.2.4 PERFORMER agrees to report to AGENT the amount of all tips and dance fees earned by PERFORMER for the date and all shifts worked. If the total amount of all tips and dance fees earned by PERFORMER after deduction of booking, agency and club fees is less than an amount equal to the applicable minimum wage for PERFORMER’S hours worked, AGENT and Club may, but are not required to, defer collection of Booking, Seating, Agency and Club fees. By doing so, however, neither AGENT, AGENT’S client clubs, nor PERFORMER agree, and in fact expressly deny, that PERFORMER is an employee, partner or performs as anything other than an independent contractor. AGENT’S guaranty of earnings equal to the applicable minimum wage is solely done to protect AGENT and Club from a future claim that PERFORMER was misclassified, worked as an “employee”, and/or was not paid the equivalent of the applicable minimum wage. In such case, PERFORMER expressly agrees that all earnings from performances booked by AGENT shall be characterized first as wages up to the applicable minimum wage under state and federal law, and any additional sum as “tips.”
3. PERFORMER Right to Control All Aspects of Her Performance. PERFORMER shall, in her sole discretion, 1) request in writing the shift(s) which PERFORMER wishes to perform for the week following on the Shift Request Form. 2) provide all costumes, make-up, equipment, training, support personnel, methods or investment of any kind required for her performances; and 3) choreograph the content, sequence, and any aspect of her performance.
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4. PERFORMER’S Health, Safety and Legal Compliance. PERFORMER agrees to apply for and keep and maintain in full force and effect, any and all licenses and/or permits necessary or required by any government agency(s) for the performance of services in this Agreement, and to comply with and otherwise not violate any and all rules, regulations, statutes, ordinances, or other laws imposed by federal, state, or local government agency. Because PERFORMER’s artistic performance may include nude dancing which simulates sexual contact, PERFORMER agrees to comply with all laws in connection with PERFORMERS performances and while on the premises of AGENT or AGENT’s club clients. PERFORMER further agrees to hold AGENT and AGENT’S club clients harmless and to indemnify AGENT and AGENT’S club clients for any and all legal liability arising out of PERFORMER’s performance. PERFORMER acknowledges and agrees, and it is the understanding of all Parties hereto, that any activities, conduct, or performance of PERFORMER which is a violation of any federal, state, or local law or ordinance is beyond the scope of her/his authority pursuant to this Agreement, and that such activity, conduct and/or performance is in violation of its terms.
5. AGENT’S Duties and Responsibilities
5.1 AGENT shall audition PERFORMER and shall notify PERFORMER of the Club and shifts for which PERFORMER is qualified, but shall otherwise have no right to direct or control the nature, content, character, manner, or means of PERFORMER’s performance. PERFORMER acknowledges and agrees, however, to perform adult entertainment consistent with the type of entertainment regularly performed in nude dancing establishments.
5.2 AGENT (and/or Club) shall, in its sole discretion, 1) establish and notify PERFORMER of the shifts and order of stage dances; 2) identify that portion of a client club’s premises made available for PERFORMER’S use; 3) supply a sound system and disc jockey for the benefit of customers which will be broadcast during PERFORMER’S performances; 4) supply security and supervisory personnel to enforce the provisions of this Agreement and the requirements of federal, state and local laws; and 5) establish regulations for the safe and orderly conduct of all activity within a client club.
6. Breach and Remedies Upon Breach
Any of the following conduct by PERFORMER shall constitute a material breach of this Agreement, and which may constitute termination of this Agreement.
a. Possession, consumption, or being under the influence of illegal substances and/or drugs while on club premises for which AGENT has scheduled PERFORMER’S services;
b. Solicitation for engaging in any sexual activities while on the club premises, including making arrangements to meet any customer during non-performance times;
c. Failing to maintain and keep in full force and effect any and all licenses and/or permits necessary and/ or required by any federal, state or local governmental agency;
d. Violating any federal, state or local law or ordinance while on scheduled club premises. 3
e. VIOLATION OF CLUB RULES AND/OR THE TERMS AND CONDITIONS OF THIS AGREEMENT.
7. Severability - In the event that any provision or portion of this Agreement is declared to be illegal of unenforceable, this Agreement shall, to the extent possible, be interpreted as if said provision, or portion thereof, was not a part of this Agreement, it being the intent of the parties hereto that any such portion of the Agreement, to the extent possible, be severable from this Agreement as a whole. To the extent that it is determined in the future that one or more terms of this Agreement are inconsistent with Independent Contractor status, then the Parties agree that such term is void, but that all terms and conditions consistent with Independent Contractor status remain in full force and effect.
8. Dispute Resolution. PERFORMER and AGENT agree that any dispute arising under this Agreement, including any and all statutory (including wage), tort, or contract claims of any kind or manner shall be resolved by binding arbitration under the auspices and pursuant to the rules of Arbitration Services of Portland, Inc., in an arbitration conducted in Multnomah County, Oregon. This Agreement and all matters arbitrated shall be interpreted pursuant to the laws of the state of Oregon. In the event that the Parties commence legal action to enforce any of the provisions hereof, or defend any claims made by the other party hereunder, the prevailing party shall be entitled to reimbursement from the other party for any and all costs incurred in connection with such enforcement or defense, including that parties’ reasonable attorney fees in arbitration, at trial and on appeal.
9. Release for Dance Apparatus. PERFORMER understands that she is not required or advised by AGENT or any of AGENT’S club clients or their employees, representatives, or agents to use any use of poles, chairs and/or platforms (“dance apparatus”) made available for PERFORMER’s use within the club. The decision to use, or not use any dance apparatus is strictly with PERFORMER, and PERFORMER assumes all risk for use of any dance apparatus. In consideration for AGENT or AGENT’S clients’ granting PERFORMER permission to use dance apparatus, PERFORMER hereby for herself, and her heirs, executors, and assigns, agrees to waive, release and hold AGENT and AGENT’S club clients harmless from and against any and all legal liability including but not limited to claims and rights for claims for damages that PERFORMER may have against AGENT of AGENT’S club clients , their owners, employees, representatives, and agents, for any and all injuries suffered by the PERFORMER through her use of dance apparatus except for injury caused by AGENT’S or AGENT’S club clients’ CLUB’s intentional acts or gross negligence. PERFORMER certifies that she is an experienced PERFORMER and in good physical condition. PERFORMER certifies that she/he can and will use any apparatus in a safe and prudent manner, so that PERFORMER will not cause any injury to herself/himself or any other person.