1. Orientation Information: Being an independent contractor is like owning your own business. It is your responsibility to know your promotional job role, ensure performance goals are met and complete the proper paperwork for each job. We are excited to have you as a member of Scannell Productions and look forward to working with you! You must be at least 18 years old to work for our clients. 1.1 Work Schedule: Arriving on time is essential to the success of any promotion! Being 15 minutes early is considered on time! Because you may work in various locations you should always allow extra time for traffic, changing into work clothes upon arrival and/or doing any setup for your promotion. If you are going to be late, you must contact Scannell Productions and the on-site manager. If you arrive late, be prepared to work late. You will be paid for actual hours that you work and not the hours that you are booked for, unless otherwise noted. 1.2 Attire: A professional appearance is necessary for a favorable impression with clients and consumers. Unless otherwise specified, the standard promotion attire is business casual. This includes wearing shirts with collars, casual slacks and trousers (no denim), appropriate business shoes, having good hygiene, conservative hair color and style, natural looking make-up, and only one set of visible earrings. Conservative is the key. Please be sure to verify proper attire prior to your promotion(s)! 1.3 Professionalism: Regardless of the type or nature of your event, your goal is to always promote the client and its product(s) in a clear, concise, exciting, and professional manner. You should be drawing consumers to your event area, greeting, making eye contact and sharing your product knowledge. Speaking poorly about the product or the competition is inappropriate and is not allowed. Chewing gum, drinking alcoholic beverages, sitting down while working, talking on your cell phone, loitering with friends and discussing your personal life with consumers is strictly prohibited. At no time are you allowed to speak negatively about the client or the product you are promoting while onsite. If you do speak negatively in any way, you will not be paid for that day’s hours worked. If for any reason, your actions cause loss of business and/or income to Scannell Productions, you will be held accountable in a court of law. 1.4 Presentation: Our clients require that you keep your promotions area clean and presentable at all times. This includes merchandising and properly displaying premiums if applicable. There should be no empty boxes or trash in your event area (including items or trash left by consumers). 1.5 Promotional Items: The products and samples used for your events are the property of the client. You are accountable for all promotional materials in your possession. In the event there are product samples remaining at the end of your promotion, you are not permitted to sell or retain these items, they belong to the client. This is considered unethical, illegal and will not be tolerated by the client. Misappropriation of demonstration kits and promotional items is considered theft and may result in the cost of the kit being deducted from your check as well as legal action. 1.6 Food/Drinks/Breaks: No food or drinks are allowed in the sight of consumers. You may keep drinks in your event area as long as they are kept out of sight (such as below a table) and food may only be eaten outside of the event area on your break. All breaks should be taken away from your event area. 2. Administration: You must submit all required new hire paperwork before you will be allowed to work your first event! Any event reports or documentation should be submitted the first business day after your event. You may confirm receipt of any paperwork by emailing or calling Scannell Productions at (813) 251-4805. If you fail to send in required documents by the specified time, you may receive a penalty and/or loss of payment. 2.1 Contract Hire Paperwork: Before you can work your first event you need to ensure that your hire paperwork is complete. This paperwork may be mailed, emailed (if you have scan capabilities), or faxed in. You must complete the Independent Contractor form online and print, fill out, and sign the W9 and then return it to us. 2.2 Event specific forms: Recapping the details of an event is important for Scannell Productions and the client. If your event requires documentation (Recap Forms, Photos, Receipts from expenses, etc.), it is imperative that you fax it to us at (813)254-3444 or email within 48 hours of your event execution. If you do not return the required paperwork within 48 hours, you will receive a deduction in your pay for that job. Once an event has been invoiced and closed out with the client, we cannot pay you as we cannot invoice again for it. 2.3 Timesheets: Every promotion requires submission of a signed promo sheet. Please have an on-site manager sign off on your hours and include a store stamp. Email or fax it to Scannell Productions by the first business day after your promotion unless otherwise specified. Failure to submit your timesheets may result in a delay with your pay. 3. Compensation: We will notify you before you commence work of the payment arrangement approved by our client for your engagement, which is generally paid by the hour. Because of the variety of opportunities and the differences among clients, some promotions may be paid daily. Pay cycle: Paychecks are processed on the 7th of each month. The cutoff is the last day of the previous month. Promosheets not submitted on time will be carried over to the next month’s pay cycle. Example: if you work between January 1-31, you will be paid on February 7. You must have all of your new hire paperwork (IC agreement accepted online, W-9 form sent in) in order to be paid for an event. If you work an event and do not send in a W-9 form within 2 weeks of your event, you will be subject to 28% withholding, per IRS standard, and a check will be mailed to you on the next payroll cycle. 3.1 Pay Method: All pay is processed via check. It is your responsibility to ensure that you have the correct payroll address listed in the Scannell Productions system. Cancellations and reissues of paychecks may result in the assessment of fees to cover these transactions. 3.2 Deductions: Scannell Productions reserves the right to make deductions from your pay if any requirements of this Agreement are not met. The minimum deduction is $25 per day per breach depending on the guidelines of your promotion. Some promotions may require the signing of an additional agreement. If additional agreements are required, it will not exempt you from any of the provisions of this Agreement. 4. Taxes: As an independent contractor you are responsible for payment of any and all taxes, whether state or federal. For this purpose you will be required to sign a form W-9. In accordance with IRS regulations, if you earn more than $600 from Scannell Productions in one calendar year, you will be issued a form 1099-MISC for the purposes of filing your tax returns. You will serve under this Agreement as an independent contractor, and nothing contained in this Agreement shall be construed to create any relationship of employee and employer, partnership or joint venture between you and Scannell Productions, nor shall you be entitled to any of the benefits afforded to employees of Scannell Productions. You shall have the exclusive control over the means, method and details of fulfilling your obligation. You shall not have the authority to create or incur any liability, obligation or responsibility for or on behalf of Scannell Productions, or to bind Scannell Productions in any manner whatsoever, except as herein expressly provided. You agree that you will not, at any time, represent, either orally or in writing, to anyone that you have any right, power or authority not expressly granted to you by this Agreement. 4.1 Changes to your W-9: If any of your information (to include name, business name, address, social security number or employer identification number) changes during the period this Agreement is effective, you are required to complete a new W-9 form and submit the updated form to Scannell Productions. 4.2 Receipts: If you use your personal money for expenses that should be reimbursed it is your responsibility to keep a copy of the receipt for your records. The amount that is reimbursed to you will be included on the 1099 that you receive at the end of the year. 5. Cancellations: No Show = No Pay! Not showing for a promotion will cause you to incur a deduction of $65 per day or loss of the company commission from your event earnings. It is not acceptable to cancel a promotion through email. To cancel, you must call the Scannell Productions and speak to a representative. If they are not available, you must leave a message on his/her office line and call his/her cell phone. You must give us at least 24 hours to find your replacement. Do not replace yourself without Scannell Productions’ consent. If you are canceling due to an emergency, please fax a doctor’s receipt or other necessary documentation to support your cancellation. All cancellations are subject to a $25 rebooking fee. 5.1 Transfer of Materials: If you cancel a promotion and you receive or are scheduled to receive shipment of any goods related to the promotion, you will be held responsible for the transfer of those goods back to Scannell Productions or to the individual hired by Scannell Productions as your replacement. Failure to transfer promotional materials may result in legal action to recover any loss associated with the failure to transfer. 6. Photos: All independent contractor positions are promotional modeling jobs dealing with the public and require the submission of photos for your record. We solicit photos from models of all races, genders, sizes, shapes and ages. All independent contractors are given equal opportunity for the promotions, events, and tours for which they are qualified. At a minimum you must submit one headshot and one body shot of a conservative nature. Your photos do not have to be professional, but should be clear and represent you well. Photos should be an accurate representation of your image and be no older than four months. If you submit photos older than four months, or your image has changed drastically since submission of your last photo, you must update your photos. Further, misrepresentation of your current image may make your contract subject to immediate cancellation and result in assessment of any fines or damages associated with your misrepresentation. 7. Assistance: We are available to help with any problems that you may experience. Please call the main office line at (813) 251-4805 between the hours of 9am – 6pm (EST) Monday – Friday or call our cell phones if there is an after hours emergency during the weekdays. For the weekends, please contact Nicole Scannell at (813) 494-5805. 8. Insurance: For and in consideration of my engagement as an independent contractor for Scannell Productions, you hereby release, discharge and agree. You further understand that since you are an independent contractor, you must rely on your own resources and insurance coverage and will not make a workers compensation claim. You also agree that if you engage anyone other than as an independent contractor, you will obtain workers compensation insurance on his/her behalf. 9. No Benefits: As an independent contractor, you are not eligible for unemployment benefits. In addition, you are not eligible for any of the employee benefits that might be provided by Scannell Productions, the client of Scannell Productions you are representing, or to its employees. Scannell Productions shall not provide you with, or reimburse you for hospital, medical, business liability or workers compensation insurance, sick or vacation pay, a work vehicle, bonuses, gas allowances, uniforms, special clothing, pension, or any other benefit of employment. Unless specified by the client, you need not wear uniforms or special clothing while doing work for Scannell Productions, and we will provide no such clothing. Scannell Productions shall not supply you with tools, or rent or lease tools or equipment to you. You shall be solely liable for loss, damage or theft of your property at client locations. 10. Breach of Contract: Scannell Productions reserves the right to terminate this Agreement at will. As an independent contractor, you may be considered in breach of this Agreement for reasons including but not limited to:
11. Confidentiality: As an independent contractor, you may be privy to the sensitive business information of Scannell Productions and our clients or business partners. This information must be kept in the strictest confidence. 11.1 Types of information: This type of information includes but is not limited to:
11.2 Length of obligation: The obligations regarding confidentiality shall remain in effect for six months from the date you sign the contract and shall be extended by six months effective the latest date of every promotion, event or tour you work within the duration of this Agreement. In no case shall this obligation extend beyond June 30th, 2013. It shall remain in effect, for the duration stated, regardless of whether the termination is due to a reason set forth in section 10, or if the Agreement expires at the time indicated in section 20. 11.3 Remedies: You agree that in the event of any breach, threatened breach, violation, or evasion of any covenant set forth in section 11 (and according to the length of obligation set forth in section 11.2), immediate and irreparable injury will occur to Scannell Productions, that such injury will be impossible to measure or remedy in money damages, and that Scannell Productions shall be authorized to seek recourse to all equitable remedies, including injunctive relief and/or specific performance, provided such remedies shall not be exclusive of other legal or equitable remedies otherwise available to Scannell Productions. You expressly agree that Scannell Productions shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of such paragraph. Should Scannell Productions have cause to seek such relief, no bond shall be required and if Scannell Productions prevails in obtaining any temporary or permanent relief, you shall pay all attorney’s fees and costs that Scannell Productions may incur. The various rights and remedies of Scannell Productions under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. 12. Assignability: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, heirs, executors and personal representative, including the successors to the business of Scannell Productions, but due to the personal nature of this Agreement as it pertains to the independent contractor, neither this Agreement nor any rights hereunder shall be assignable by him/her. 13. Judicial Interpretation: Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreement. 14. Severability: If any provision of this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way or to any extent. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the engagement of the independent contractor by Scannell Productions and contains all of the covenants and agreements between the parties with respect to such engagement in any manner whatsoever. Any modification or additions to this Agreement will be effective only if it is in writing and signed by the party to be charged. Some promotions, events or tours may require the signing of an exhibit form to cover details specific to that event. If an exhibit form is required for a program it shall not constitute a waiver of the provisions of this Agreement, but shall be in addition to the requirements of this Agreement. 16. Choice of Law; Venue: This Agreement is being made in the State of Florida and shall be construed and enforced in accordance with the laws of that state. To the extent that resort to the court system is permitted by this Agreement, the independent contractor irrevocably consents to the jurisdiction of the United States federal courts and the state courts located in the State of Florida in any suit or proceeding based on or arising under this Agreement. The independent contractor irrevocably waives the defense of an inconvenient forum to the maintenance of such suit or proceeding. The independent contractor further agrees that service of process mailed by first class mail shall be deemed in every respect effective service of process in any such suit or proceeding. Nothing herein shall affect the right of Scannell Productions to serve process in any other manner permitted by law. 17. Arbitration: Except as provided in Paragraph 11 hereof, any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Tampa, Florida by a single arbitrator in accordance with the rules of the American Arbitration Association (Commercial Rules). Any award issued as a result of such arbitration shall be final and binding between the parties, and shall be enforceable by any court having jurisdiction over the party against whom enforcement is sought. The costs of the arbitration shall be shared equally by the parties, provided that the fees, costs, and expenses of the prevailing party (as reasonably determined by the arbitrator), including arbitrator’s and reasonable attorney fees incurred in connection with any such arbitration, shall be paid by the losing party in the event the arbitrator determines the proceeding was brought or defended in bad faith by the losing party. The costs and expenses of the prevailing party in collecting any such award shall be paid by the non-prevailing party. 18. Waiver: Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any right, condition, or covenant and neither party may rely on such failure. 19. Headings. Paragraph/section and other headings contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 20. Term of Contract: Regardless of the entry date of this Agreement, it shall remain in effect for one year to the date hired, unless earlier terminated for the reason(s) set forth in section 10 or otherwise. 21. Further Assurances: Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby. 22. No Third Parties Benefited: All of the conditions, representations, and obligations imposed hereunder are imposed or made solely and exclusively for the benefit of the parties to this Agreement and their successors and permitted assigns. No other person shall have standing to require the satisfaction of any condition, warranty, representation or covenant made herein in accordance with its terms or be entitled to assume the existence or absence of strict compliance with any and all of the terms and conditions of this Agreement. 23. Hold Harmless: The independent contractor hereby releases, waives, discharges and covenants not to sue Scannell Productions, its officers, servants, clients, the client of Scannell Productions that the Contractor is representing, agencies, agents and employees, including any participating/hiring client company and client contacts or participating/hiring agency and agency contacts, including court costs and attorney fees, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence or otherwise, while participating in the program, or while in, on or upon the premises where the program is being conducted, while in transit to or from the premises, or in any place or places connected with the program. 24. Promotional Modeling: All independent contractor positions are promotional modeling jobs dealing with the public. All independent contractors are given equal opportunity for the promotions, events, and tours for which they are qualified. It is Scannell Productions’ policy to afford equal opportunity to all individuals regardless of race, color, religion, sex, national origin, age, sexual orientation, disability, or veteran status. All independent contractors must be at least 18 years old. All engagement decisions are based on the principle of equal opportunity. 25. Criminal Record Clearance: All applicants must be clear of, have not received, convicted or been charged with, any criminal violations or convictions. Applicants agree that any undisclosed criminal record violates this Agreement.