This Independent Contractor Agreement (“Agreement”) is made effective on _______________________________ (the “Effective Date”) between:
Company Name: Ambiance Nails 13 LLC (“Company”)
Contractor Name: ______________________________________________ (“Contractor”)
The Company and Contractor agree as follows:
1. Scope of Work
Contractor agrees to perform services such as manicures, pedicures, waxing, permanent make-up, lashes and any other work Contractor is licensed to perform (the “Services”) at Company’s salon located at 9808 COLERAIN AVENUE, CINCINNATI, OHIO 45251 (the “Salon”).
2. Independent Contractor Relationship
Contractor is an independent contractor and not an employee of Company. Contractor has the right to control the method, manner, and means of providing the Services. Company shall not control how Contractor performs the Services.
3. Payment
The Company shall collect all customer payments for Services rendered by the Contractor at the salon, deduct any applicable payment processing fees, and disburse sixty percent (60%) of the net amount to the Contractor on a semi-monthly basis. The remaining forty percent (40%) shall be retained by the Company as a fee for consumable materials (e.g., nail kits, polish, towels) and administrative support. These percentage rates (60%/40%) may be updated from time to time, and any changes will be communicated between the Company and the Contractor. All cash tips received from customers for Services performed by the Contractor shall belong solely to the Contractor.
4. Tax Responsibility
Contractor acknowledges and agrees that they are solely responsible for the payment of all federal, state, and local taxes, including but not limited to income taxes, self-employment taxes, Social Security, and Medicare taxes, arising from the compensation it generates under this Agreement. The Independent Contractor further agrees to indemnify and hold the Company harmless from any claims, liabilities, penalties, or interest resulting from the Independent Contractor’s failure to pay such taxes.
5. Tools and Equipment
Contractor acknowledges and agrees that they are responsible for providing all tools, equipment, and supplies necessary to perform the Services under this Agreement, including but not limited to nail files, buffers, clippers, brushes, polishes, and any other necessary materials. Company shall not be responsible for supplying, maintaining, or replacing any tools or equipment used by Contractor. Contractor further agrees to ensure that all tools and equipment are properly sanitized and maintained in accordance with industry standards and applicable health and safety regulations.
6. Licensing and Training
Contractor acknowledges and agrees that they are solely responsible for obtaining and maintaining all necessary licenses, certifications, and permits required to perform the Services under this Agreement. This includes, but is not limited to, timely renewal of licenses and compliance with all applicable local, state, and federal regulations. Additionally, Contractor is responsible for any continuing education, training, or certifications required to remain in good standing with regulatory authorities. All costs associated with licensing, renewal, and training shall be the sole responsibility of Contractor.
7. Subcontracting
Contractor shall have the right to subcontract, delegate, or assign portions of the Services provided under this Agreement to other qualified professionals at their sole discretion and expense. However, Contractor remains fully responsible for ensuring that any subcontractors comply with all applicable laws, regulations, and professional standards. Contractor shall also be responsible for any costs, liabilities, or damages arising from the actions or omissions of their subcontractors. Company shall not be liable for, nor have any obligation to, any subcontractors engaged by the Independent Contractor.
8. Schedule
Contractor has full discretion over their work schedule, including the days and hours they choose to perform Services. The Company shall not impose a fixed schedule or minimum number of hours. Upon request, the Company will provide the Contractor with keys to the facility. Such requests may be made at any time during the term of this Agreement.
9. Non-Exclusivity
Contractor is not restricted from providing nail technician services to other salons, spas, or private clients and may engage in other business activities at their discretion. Nothing in this Agreement shall be construed as creating an exclusive working relationship between Contractor and Company. However, Contractor agrees that any outside work shall not interfere with their obligations and commitments under this Agreement.
10. Term and Termination
This Agreement will begin on the Effective Date as mentioned above and continue until terminated by either party with or without cause. No specific notice period is required.
11. Indemnification
The Contractor shall indemnify and hold harmless the Company from any claims, losses, or damages arising out of the Contractor’s performance of Services under this Agreement.
12. Governing Law
This Agreement will be governed by the laws of the State of Ohio. Any disputes arising from this Agreement shall be resolved in the courts of Hamilton County, Ohio.
13. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, written or oral. Any modifications must be in writing and signed by both parties.
14. Severability
If any provision of the Agreement shall be determined to be invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such provision nor the validity of any other provision of this Agreement shall in any way be affected thereby.
15. No Waiver
The failure of Company to enforce at any time any provision of this Agreement or to exercise any option which is herein provided or to require or to fail to require at any time performance by the Company of any provision shall in no way affect the validity of this Agreement or any part hereof or the right of Company thereafter to enforce its rights, nor shall it be taken to constitute a condonation or waiver of the default or condonation of any other or subsequent default or breach by the Independent Contractor.
16. Amendment
No amendment or modification of this Agreement shall be effective unless executed in writing by Contractor and Company.
17. Prior Relationship and Superseding Agreement
The Parties acknowledge that the Contractor has previously provided services to the Company under an oral agreement. This written Agreement supersedes any prior arrangement and shall govern all terms from the date of execution forward.
IN WITNESS WHEREOF, the contractor has executed this Agreement on the date below: