SWE Homes, LP, including its employees or agents acting on their behalf, has my permission to make inquiries [in person, or by electronic communication, or in writing] to any former employers, supervisors or co- workers, or any credit bureaus, financial institutions, businesses, governmental agencies, personal references, or anyone else who may know me or anything about me. Such persons or businesses are authorized to supply all information as to my background and to respond fully to all questions which may be asked about me personally, including, but not limited to, information in the paragraph below. I hereby release any of the above from any and all liability and responsibility arising from their doing so. By this document, I hereby authorize such persons to supply information dating back to my 17th birthday or any other time limitation specified by law, if applicable.

I further give my permission, as a condition of employment or part of my duties relating to employment, for the release of all appropriate background information regarding my credit history, criminal record history, driving record history, or other sources of information which is permissible by all governing laws pertaining to employment. I believe to the best of my knowledge that all information I have provided is accurate, true, and correct. I fully understand the terms of this release and agree to its use.

A Photostat, including any scanned copy of this document or other copy of this document which bears what appears to be my signature, shall be equally legally as valid as an original document.

APPLICATION ACKNOWLEDGEMENTS

I certify that the facts contained in this application are true and complete to the best of my knowledge and understand that if I am hired as an independent contractor and am found to have falsified statements on this application, my contract may be terminated immediately without notice.

 I authorize investigation of all information concerning my previous employment and contract work and references and any pertinent information, personal, and otherwise, and release all parties from all liability for furnishing same to you. A copy or fax of this digitally signed authorization may be relied upon as if it were the original. I further give my permission, as a condition of employment or part of my duties relating to employment, for the release of all appropriate background information regarding my credit history, criminal record history, driving record history, or other sources of information which is permissible by all governing laws pertaining to employment. I believe to the best of my knowledge that all information I have provided is accurate, true, and correct. 

ENGAGEMENT ACKNOWLEDGEMENTS

I agree that in the event I enter into a contract with SWE Homes, LP to perform services as an independent contractor and subsequently my contract is terminated by either party for any reason wherein I am indebted to SWE Homes, LP any sums whatsoever, SWE Homes, LP is hereby authorized to deduct or offset any amount due and owing by me from the amount owed to me by SWE Homes, LP up to the maximum amount permitted by law.

I understand that SWE Homes, LP will not tolerate the use or possession of non-prescription drugs and/or alcohol by its contractors or their subcontractors, nor does SWE Homes, LP permit the possession of weapons of any kind or authorized possession on SWE Homes, LP property or on property on which the services will be performed. 

I agree that if given keys to access a property in the course of performing services for SWE Homes, LP, to return all keys at the end of the contract. In the event all keys are not returned, I understand there will be a $25 charge for each key not returned. I agree not to make any copies of the keys provided. 

NON-DISCLOSURE AGREEMENT

I understand that, in the course of my performance of services for SWE Homes, LP or its affiliated companies, I may have access to, or knowledge of, information that SWE Homes, LP, or various property owners, consider confidential. I further understand that it is important that SWE Homes, LP protect its confidential information. I recognize that I have a duty to maintain confidentiality of information acquired in the course and scope of my work for SWE Homes, LP. Additionally, I agree, as a precondition of entering into any contractual commitment, to enter into a Confidentiality Agreement with SWE Homes, LP, if such is required, but agree if a contract is entered into that I am bound not to disclose confidential information or permit others to use it.

STANDARDS OF CONDUCT AGREEMENT

Offering or soliciting kickbacks, gratuities, bribes or favors in order to receive favorable treatment is explicitly prohibited by SWE Homes, LP. Our employees or representatives will negotiate with you in good faith on behalf of SWE Homes, LP but never for personal reward or gain. I further understand that SWE Homes, LP expects me to avoid any situation which does, or may, involve a conflict between my personal interests (and the interests of my employees and subcontractors) and the interests of SWE Homes, LP.

MASTER AGREEMENT

This agreement is entered into by and between _{signature21}                          (hereinafter called “Contractor”) and SWEHomes, LP (hereinafter called “Company”), a Texas Limited Partnership, as follows:

WHEREAS Company is in need of persons who can perform services regarding construction and maintenance (including landscaping and lawns) for a variety of real estate-based investment properties; and 

WHEREAS Contractor is engaged in the business of providing services pertaining to construction and maintenance for a variety of real estate properties; and

WHEREAS both Contractor and Company desire to enter into a contractual relationship whereby Contractor is able to utilize Contractor’s skills to assist Company; 

NOW, THEREFORE, the parties hereto enter into this Independent Contractor Agreement as follows:

1.       As an independent contractor, Contractor will perform the work of construction and maintenance of various real estate properties (including lawn services) for a variety of investment properties for Company in accordance with specifications provided by Company. Contractor will be responsible for services provided to Company, and Company shall look only to Contractor for results. 

2.       In the event that Contractor elects to utilize the services of subcontractors to perform the work to be done, Contractor shall notify Company of such in a timely manner. Contractor, upon request from Company, shall in a timely manner furnish to Company evidence of the payment of all wages and other compensation due to employees and subcontractors of Contractor who may be assigned by Contractor to perform services pursuant to this contract and evidence of compliance with all applicable labor, employee safety and employment tax requirements. Contractor will indemnify Company and the owner of the property for any liens placed on the property by any employee, subcontractor, or supplier to Contractor, whether or not the lien was placed in good faith.

3.       It is anticipated that the work to be performed will be required to be in conformity with various Federal, State and Local statutes, ordinances and codes, and Contractor will be required to perform all such work in accord with any applicable building codes or other requirements. Specifically, Contractor will install smoke detectors and /or make sure smoke detectors are working properly in all bedrooms and in such other places as otherwise required by local ordinances and/or codes. In this regard, Contractor is further responsible for knowing what permits, if any, are needed for the work in question and for obtaining any necessary permits or licenses required to perform the work offered to Contractor by Company. Further, it will be the Contractor’s responsibility to provide his/her own tools and equipment to perform work, including but not limited to hand tools, ladders, paint brushes, drop cloths, trash bags, cleaning supplies, etc. Contractor is prohibited from charging any of the foregoing types of items, for which Contractor is responsible, to any account of Company. Company may offer Contractor the opportunity to bid on various projects from time to time. Work may also be offered to Contractor on a separate price-for-job basis, but this does not require Company to offer work to Contractor nor does it require Contractor to accept any work from Company. Other than price for work offered, the terms of this Agreement shall apply to all offers of work to Contractor. In the event that the Contractor does not timely complete the work assigned by Company or does not complete the work in accordance with the specifications provided by Company, whether by Contractor or through others, then the contract price shall not be paid to Contractor, and in addition, Contractor agrees that Company shall have the right to complete performance of work by any means it chooses and to hold Contractor liable for the costs incurred therewith over the amount which would have been due under this agreement. 

4.       Contractor shall submit an invoice to Company for services rendered by 5:00 PM CT on Friday of each week during the time the work is being performed. Company will verify that the work has been done and expenses have actually been incurred, and if satisfied, will have a check for the Contractor by 5:00 PM CT the following Friday. In the event that Company is not satisfied with the end result of the work, it shall promptly notify the Contractor and withhold an amount that Company, in its sole discretion, determines is appropriate, up to a maximum of forty per cent (40%) of the contract price, until the work has been performed to its satisfaction.

5.       Contractor shall be solely responsible for the manner and means of accomplishing the work in question. Company shall only look at the end result. Contractor may perform work on the premises of Company or on the job or in another location of Contractor’s choosing (if applicable) at such hours as may be convenient to Contractor.

6.       The term “Confidential Information” means any information or material, which is proprietary to the Company, whether or not owned or developed by the Company, which is not generally known to the public, and which Contractor may obtain only through direct or indirect contact with the Company. Contractor agrees that in order to perform services for the Company, the Company is required to disclose certain confidential information to Contractor, including but not limited to, actual or potential customers, locations of various properties, names of realtors and sellers of properties with whom Company has business relationships, business documents and/or forms utilized by Company for working with various contractors and suppliers of materials, names of buyer of properties with whom Company has business relationships, vendors from whom Company may acquire certain items for its properties, property valuations, comparable sales in the neighborhoods of various properties, computer access codes, source codes and data bases, names of businesses from whom to buy and to whom to sell or lease properties, including but not limited to banks, finance companies, other distressed property sellers, acquisition and/or sales targets, and other related methodology and trade secrets which, between the Contractor and Company, are owned by the Company and which are necessary and essential to the operation of the Company’s business operations, and without which the company could not efficiently, effectively, and profitably operate its business ventures. All digital images, photography negatives, photography prints, digital video, digital file meta data, text descriptions and email communications that are added to the Company’s database or sent to the Company or any of its affiliated businesses, in email or by other delivery methods (whether or not originated by Contractor) are hereby irrevocably transferred and assigned to Company forever, including all rights, title and interest, including any copyrights, trademarks, patents and renewals or extensions thereof. All papers and inventions furnished to Contractor by Company or those made in whole or in part by the Contractor (or coming into the hands of Contractor) while performing services for Company in connection with Contractor’s work for Company, which relate in any way to the business of Company, shall be property of Company, and Contractor may not disclose such information to anyone or use such for the benefit of anyone, and must return such Confidential Information to the Company at the conclusion of each project. Contractor agrees to take all steps necessary to protect the Confidential Information and shall not use or tell anyone about any of the Confidential Information either during the term or subsequent to the termination or expiration of this Agreement.                                        

The Contractor understands and acknowledges that the Confidential Information has been developed or obtained by the Company by the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of the Company, which provides the Company with a significant competitive advantage. Therefore, the Contractor agrees to hold in confidence and to not disclose the Confidential Information to any person or entity outside of Employer.      Contractor agrees that any questions regarding whether disclosure is permitted by this Agreement should be resolved against disclosure.

 

In the event that Contractor is ever contacted or subpoenaed regarding the Company, various businesses affiliated with the Company, any employee of the Company, or any property (whether or not ever owned by the Company), then Contractor agrees to promptly notify Donna Brammer and her designated representative, currently R. Gary Laws (whose contact information is provided below), of such contact or subpoena, and give them and the Company and/or the business venture at issue and/or the owner of the property at issue sufficient time to seek to intervene and attempt to quash or limit the subpoena, and to provide counsel of its choosing to Contractor regarding compliance with the subpoena. In addition, Contractor agrees not to talk to any media about any business ventures involving the Company or an affiliated business or about any employee of the Company, nor will Contractor disclose any information about the Company, any affiliated business, any employee of the Company, any owner of property managed by Company, or confidential information regarding same on any social media, including, but not limited to Facebook, Twitter, Instagram, or LinkedIn.

Contractor agrees to (i) refrain from making or publishing any statements, whether in writing (including any electronic writings on the internet, including but not limited to Facebook, Angie’s List, etc.) or orally, (ii) refrain from authorizing any statements to be reported as being attributed to Contractor or any other current or former employee of the Company, and (iii) take no action, which (1) is intended to or would reasonably be expected to harm the Company (as defined above) or the reputation of the Company (as defined above), (2) criticizes or ridicules the Company or any employee of the Company, or (3) is derogatory or disparaging to the Company or any employee of the Company, whether or not such statements are factually correct, and whether or not such statements legally constitute libel or slander. Contractor understands and agrees that to the extent he or she has a complaint or concern about the Company (as broadly defined above) or any actions or failure to act to the part of the Company, that Contractor will raise such complaints or concerns only with the Company directly and in writing. Contractor agrees that the provisions of this paragraph shall survive termination of employment. In the event of any breach or threatened breach of this provision, the Company shall be entitled to all remedies and relief at law and in equity, including damages and injunctive relief. Company hereby acknowledges and agrees that due to the instant and wide distribution of electronic media and the media and the internet, any disparagement will cause immediate irreparable harm to the Company which would form the basis for a temporary restraining order in favor of the Company. The Company takes the relationship with its contractors very seriously, is always willing to listen to any contractor’s complaints, and is willing to meet with any contractor or contractors at a mutually convenient time during regular business hours at the Company’s office provided Contractor makes an appointment. No Contractor will be retaliated against for bringing any complaint to the attention of the Company.

7.       It is the Contractor’s responsibility to provide proof of insurance coverage at all times.

8.       Contractor will indemnify and hold Company (its owners, partners, limited partners, affiliated businesses, employees, and the owner of the property on which services are performed) harmless for any claims for damages to or damages caused by Contractor to any property, or any claims (including, but not limited to, attorneys’ fees) of Contractor’s employees or subcontractors. Contractor also agrees to indemnify and hold Company (its owners, partners, limited partners, affiliated businesses, employees, and the owner of the property on which services are performed) harmless from any claims for damages to Contractor as a result of performance of Contractor’s work on the premises being inspected. Contractor agrees to assume all risks of any problems or defects in the properties being inspected, including but not limited to broken glass, defects in flooring (including attic flooring), falling drywall, animal bites, uneven ground surfaces, etc. and to cover any and all injuries by Contractor’s own insurance or other personal means. Contractor acknowledges that Company does not carry workers’ compensation insurance on Contractor or Contractor’s employees and shall not be responsible to Contractor, Contractor’s heirs and/or assigns and/or employees for any bodily injury or other damages suffered while performing inspection services under this Agreement. Contractor also agrees and understands that Contractor is not an employee of Company and is not entitled to any commonly called fringe benefits, which are available to Company employees, nor will Company withhold anything from Contractor’s compensation for such items as Federal Income taxes, Social Security or Medicare taxes. In addition, Contractor waives all rights to place a lien on any property on which he performs services for Company, but rather is limited to bringing a court action against Company for non-payment as set forth in paragraph 10 below.

 

To the fullest extent permissible by law, Contractor hereby agrees to indemnify, defend, and hold Company (its owners, partners, limited partners, affiliated businesses, employees, and the owner of the property on which services are performed) harmless from and against any and all claims for damage of any nature whatsoever, (including, but not limited to, any claims for personal injuries incurred on the jobsite) whether known or unknown and whether direct or indirect, as though expressly set forth and described herein, which Company or the property owner may incur, suffer, become liable for or which may be asserted or claimed against Company or the owner of the property by Contractor or employees or subcontractors of Contractor as a result of the acts, errors, or omissions, including but not limited to, negligent or gross negligent acts and statutory violations by Company or any of its employees during the course and scope of the work of Contractor or its employees or subcontractors for Company. The parties agree that this indemnification provision shall apply to liabilities, expenses and/or claims for which both Contractor and Company may have joint liability.

 

9.       Contractor will be responsible for payment of his/her own taxes and any employment taxes for his/her employees, if any.

10.       EACH PARTY HERETO HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR RELATING TO SERVICES PERFORMED UNDER THIS AGREEMENT. THE SCOPE OF THIS WAIVER IS INTENEDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DUSPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO OR ARISE OUT OF THE EMPLOYMENT OF CONTRACTOR, INCLUDING, WIHTOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, CLAIMS OF DISCRIMINATION AND RETALIATION, CLAIMS REGARDING COMPENSATION OF ANY NATURE WHATSOEVER, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THE PARTIES ACKNOWLEDGE THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT.

11.       CONTRACTOR HEREBY WAIVES ANY AND ALL RIGHTS TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE (INCLUDING CONTRACTOR) OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION PERTAINING TO ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR RELATING TO CONTRACTOR’S PERFORMANCE OF SERVICES FOR COMPANMY. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES BASED UPON, ARISING OUT OF, OR RELATING TO CONTRACTOR’S SERVICES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, CLAIMS REGARDING COMPENSATION OF ANY NATURE WHATSOEVER, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THE PARTIES ACKNOWLEDGE THAT THIS CLASS ACTION WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT.

12.       This Agreement shall be governed by the laws of the State of Texas. Suit brought to enforce the terms of this Agreement or any breach or threatened breach thereof must be brought in Harris County, Texas, and contiguous counties. 

13.       This Agreement shall be in full force and effect from the last date signed and shall continue in effect from month to month unless terminated by either party providing 10 days written notice. This shall serve as a “Master Agreement”, but the price for individual jobs will be separately negotiated for each job, which will be covered by this Agreement. For purposes of this Agreement, notices to Company should be addressed to Donna Brammer, Vice President, SWE Homes, LP, 6101 Southwest Freeway, Suite 400, Houston, Texas 77056, with a copy to R. Gary Laws, at the firm R. Gary Laws, PC, 802 North Carancahua, Suite 2100, Corpus Christi, TX 78401. Notices to Contractor should be sent to Contractor at the address indicated below. 

14.       I have either read this document or have had it translated to me or have knowingly chosen not to do so, and I understand that I am bound to the terms of this Agreement even if I decided not to have it translated to me. For all purposes, by signing this document, it may be assumed that I was fully informed of the terms, contents, conditions, and effects of this document before I signed it.

He leído o me ha sido leído o traducido este documento o conscientemente he optado no hacerlo, y entiendo que estoy obligado a los términos de este Acuerdo incluso si decidí que no me fuera traducido. Para todo propósito, al firmar este documento, se asume que antes de firmarlo estuve plenamente informado de sus condiciones, los efectos, y contenidos.

 

SWE Homes, L.P. by its General Partner SWE Homes, G.P., LLC

By:        __Authorized Agent Representative__                            

Date:     __Date of This Agreement__              

 

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