INDEPENDENT CONTRACTOR’S AGREEMENT
This Agreement entered into this
________ day of __________________ 20 ____ by and between the, Lincoln-Way
Officials Association an
RECITALS
Whereas, the Association is engaged
in providing independent contractors to serve as officials for sporting events
in the State of
Whereas, the Association desires,
from time to time, to utilize the expertise and services of the Official as an
independent contractor; and
Whereas, the Official seeks to be
engaged as an independent contractor to officiate various sporting events in
the State of
THEREFORE, in consideration of
the mutual premises set forth below, the parties agree as follows:
1. Services
Provided: The Official shall provide satisfactory officiating services for
events requested by the Association and agreed to by the Official. If an
Official agrees to officiate a particular event, but subsequently becomes
unable to fulfill an obligation, the Official must notify the proper
Association representative not later than two hours prior to the event. An Official may
decline officiating requests by the Association and the Official is thereby
free to choose his/her own hours, location, and particular events. This
Agreement is nonexclusive and the Official has the right to perform services
for others during the term of the Agreement.
2. Compensation:
for services provided by the Official, the Association shall pay the Official
the game fee as stated in the contract between the Association and the
Contracted League.
3. Term: The term of the Agreement is one (1)
year from the date listed above; provided however, that is shall be
automatically renewed for one year periods unless either party shall have notified
the other of its intention not to renew at least 30 days in advance.
4. Independent Contractor Relationship: the
Official is retained by the Association only for the purposes and to the extent
set forth in this Agreement and the Official’s relationship with the
Association during the period of this Agreement is that of an independent
contractor. The Official shall not be considered to be the agent, master or
servant of the Association for any purpose and does not have any general
authority to enter into any contract, assume any obligations or make any
warranties or representations on behalf of the Association. The Official shall
not be considered as having employee status or as being entitled to any
benefits which would accrue if the Official were an employee of the
Association.
5. Non-withholding
of Taxes: The Official accepts full and complete responsibility for filing all
tax returns and paying all taxes which may be required or due for payments
received from the Association under the terms of this Agreement. The Official
expressly bears all risk of loss and remains liable for any consequences
resulting from the Association’s non-withholding of taxes from compensation;
and the Official shall indemnify the Association for any tax liability including
interest, penalties and attorney’s fees, if any, assessed against the
Association as a result thereof.
6. Training:
The Official understands that he/she is, and will continue to be at all times,
a fully trained official and is in no need of any training be the Association.
Notwithstanding the Official’s independent contractor obligation to remain
fully trained at all times, the Association may periodically offer various
clinics to the Officials. Attendance by the Official at such clinics is
expected.
7. Equipment:
the Official shall furnish all equipment, materials and transportation
necessary to perform the services under the terms and conditions of this
Agreement.
8. Expenses:
the Official agrees to be fully responsible for all expenses incurred, including
travel expenses, while completing performance in accordance with the terms of
this Agreement.
9. Termination: Because the Official is an
independent contractor and not an employee, the Association has no right to
discharge the Official at will. Similarly, the Official has no right to
terminate his relationship with the Association at will. However, each party is
fully responsible for the performance of services in accordance with the terms
and conditions of the Agreement and the absence of any right to discharge or terminate at will in no way limits either
party’s right to performance under this Agreement.
10. Laws
Governing: This Agreement shall in all respects be governed by the laws of the
State of
11. Miscellaneous: This Agreement shall be binding
upon the parties and their respective successors and assignors. No
modification, renewal, extension or waiver of this Agreement shall be binding
upon either party, unless made in writing and signed by each party by a person
duly authorized. This Agreement constitutes the full, complete and entire
Agreement between the Official and the Association, and supersedes all prior
understandings, agreement or arrangements between the parties with respect to
the subject matter of this Agreement.
______________________________________________
Applicant Printed Name
______________________________________________
Applicant Signature
____________________
Date
______________________________________________
Parent/Guardian Signature (if
under 18)
Lincoln-Way Officials Association
Independent Contractor Agreement