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The Tattoo Shop Artist Agreement form serves as a vital document that outlines the relationship between a tattoo artist and a tattoo shop. This agreement is structured to establish the artist as an independent contractor rather than an employee, which has implications for taxation and benefits. The document specifies the terms of employment, including the commission structure, which typically involves a percentage of the income generated from tattoo services. It also addresses the responsibilities of both parties, ensuring that the artist is accountable for their own expenses and taxes. The agreement includes provisions for termination, allowing either party to end the arrangement with appropriate notice. Additionally, it contains clauses for indemnification, assignment, and dispute resolution through arbitration. By clarifying the mutual expectations and obligations, the Tattoo Shop Artist Agreement helps to foster a professional environment that benefits both the artist and the company.
Dos and Don'ts
When filling out the Tattoo Shop Artist Agreement form, it is essential to approach the task with care. Here are ten important dos and don’ts to keep in mind:
- Do read the entire agreement carefully before filling it out.
- Do ensure that all personal information is accurate, including your name and address.
- Do specify the date clearly when the agreement begins.
- Do understand the commission structure and how payments will be made.
- Do confirm that you are aware of your tax responsibilities as an independent contractor.
- Don’t leave any sections blank; fill in all required fields.
- Don’t assume verbal agreements will be honored; everything must be in writing.
- Don’t sign the agreement without fully understanding its terms.
- Don’t forget to keep a copy of the signed agreement for your records.
- Don’t ignore the termination clauses; know how to end the agreement if necessary.
Document Attributes
| Fact Name | Description |
|---|---|
| Independent Contractor Status | The Tattoo Artist is classified as an independent contractor, not an employee, which means they are responsible for their own taxes and are not eligible for company benefits. |
| Commission Structure | The Artist receives a commission of a specified percentage of the income generated from tattoos created for customers at the shop, with payment terms outlined in the agreement. |
| Termination Terms | The agreement can be terminated by mutual consent or by written notice, which must be sent via certified or registered mail, allowing a specified number of days for termination to take effect. |
| Governing Law | The agreement is governed by the laws of the state specified in the document, ensuring that any legal disputes are resolved according to that state's regulations. |
Key takeaways
When filling out and using the Tattoo Shop Artist Agreement form, keep these key takeaways in mind:
- Understand the relationship: This agreement establishes the artist as an independent contractor, not an employee. Recognize the implications this has for taxes and benefits.
- Commission structure: The agreement specifies a commission percentage that the artist will earn from the income generated. Make sure to clarify this percentage before signing.
- Payment schedule: Know when you will receive your commission payments. The agreement allows for flexibility, but it should be clearly defined.
- Expense responsibility: The artist is responsible for all personal expenses related to their work. Understand what costs you will incur and plan accordingly.
- Termination conditions: Be aware of how the agreement can be terminated. Both parties can end the contract with written notice, so know the required notice period.
- Indemnification clause: The artist agrees to protect the company from any claims arising from their work. This means taking extra care in your professional conduct.
- Assignment restrictions: Neither party can transfer their rights or obligations without written consent. This ensures that both parties remain committed to the agreement.
- Governing law: The agreement will be governed by the laws of a specific state. Familiarize yourself with these laws as they can impact your rights.
- Entire agreement clause: This document represents the complete understanding between the parties. Any prior discussions or agreements are not legally binding unless included in this document.
By keeping these points in mind, you can navigate the Tattoo Shop Artist Agreement form with confidence and clarity.
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Example - Tattoo Shop Artist Agreement Form
Employment Agreement with Tattoo Artist as an Independent Contractor
Agreement made on the ____ day of _________________________, 20____, between
____________________________________________ (Artist) of ___________________
______________________________________________________________________________
__________________________________________(street address, city, county, state, zip code),
referred to herein as Artist, and _________________________________________________
(Company), a corporation organized and existing under the laws of the state of
____________________________________, with its principal office located at _____________
______________________________________________________________________________
_________________________________________________________________ (street address,
city, county, state, zip code), referred to herein as Company.
Whereas, Artist is a Tattoo Artist and is looking for locations where he can service clients; and
Whereas, Company has a shop where tattoos are created for customers; and
Whereas, Company desires to hire Artist to create tattoos at Company’s shop;
Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.Company agrees to employ Artist as an independent contractor beginning
_________________________________________ (date) and continuing until termination in accordance with Section 5. Artist accepts employment with Company on the terms and conditions set forth in this Agreement, and agrees to act as an independent contractor to create tattoos for customers at Company’s shop located at ____________________________________
______________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code).
2.In consideration of all services to be rendered by Artist for the benefit of Company, Company shall pay to Artist a commission of ______% of income charged and collected by Artist for creating tattoos for customers at Company’s Shop. Commissions will be paid on the
____________________________________________________ (e.g., first day of each month). All compensation shall be paid to Artist without deductions for taxes or other withholding, and Artist shall be responsible for all taxes as set forth in Paragraph 3 below.
3.Artist agrees that he is not an employee of Company for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Artist agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount paid by Company to Artist. As an independent contractor Artist is not eligible to participate in any of the Company’s fringe benefit programs.
4.Artist shall pay all of his own expenses in connection with this Agreement. The only obligation of Company is to pay the applicable commission specified in this Agreement. This Agreement shall become effective on the date stated above, and shall remain in effect for a period of ___________________________________ (e.g., number of weeks, months, or years) unless terminated for breach or as provided in this Agreement.
5.This Agreement may be terminated by mutual agreement of Company and Artist or by written notice of either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this Agreement
__________ (number) days after the date such notice is sent to the other party via certified or registered mail.
6.Artist agrees to indemnify and hold harmless Company, its agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of performance of the obligations of Artist under this Agreement that are caused in whole or in part by Artist’s negligent act or omission.
7.Assignment of Contract
Neither of the parties may assign this Agreement or any rights under the Agreement
without the prior written consent of the other party.
8.Governing Law
The parties agree that this agreement shall be governed by and construed pursuant to the
laws of _______________________________________________ (state).
9.Entire Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of
the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement.
10.Amendment
The parties agree that they may amend this Agreement only by a written agreement duly
executed by persons authorized to execute agreements on behalf of the parties.
11.Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
WITNESS our signatures as of the day and date first above stated.
____________________________________
COMPANY
_______________________________________ |
By_________________________________ |
OWNER |
____________________________________ |
|
(Name and Office in Corporation) |
Detailed Instructions for Writing Tattoo Shop Artist Agreement
Completing the Tattoo Shop Artist Agreement form requires careful attention to detail. This agreement outlines the relationship between the tattoo artist and the company, specifying terms of employment, compensation, and other important provisions. Follow the steps below to accurately fill out the form.
- Begin by entering the date on the first blank line, labeled "____ day of _________________________, 20____."
- In the next section, fill in the name of the artist on the line marked "Artist," followed by their street address, city, county, state, and zip code.
- Next, provide the name of the company in the space labeled "Company." Indicate the state where the company is organized and its principal office address, including street address, city, county, state, and zip code.
- On the line that states "beginning _________________________________________ (date)," enter the start date of the artist's employment.
- In the section regarding compensation, fill in the percentage commission the artist will receive on the line marked "______%." Specify the payment schedule on the line that states "paid on the ____________________________________________________ (e.g., first day of each month)."
- Artist must acknowledge their independent contractor status. Ensure that the artist understands they are responsible for all applicable taxes.
- In the section detailing the duration of the agreement, enter the length of time the agreement will remain in effect on the line marked "___________________________________ (e.g., number of weeks, months, or years)."
- Fill in the number of days required for termination notice on the line marked "__________ (number) days."
- In the governing law section, write the name of the state that will govern the agreement.
- Finally, both parties must sign and date the agreement at the end, where indicated. Ensure that the owner's name and office in the corporation are clearly printed under the signature line.
Documents used along the form
When working with a Tattoo Shop Artist Agreement, several other forms and documents may also be necessary to ensure a smooth operation. Each document serves a specific purpose and helps clarify the relationship between the artist and the company. Here’s a list of commonly used documents:
- Independent Contractor Agreement: This document outlines the terms of the relationship between the tattoo artist and the shop, confirming that the artist is not an employee but an independent contractor.
- W-9 Form: This form is used by the artist to provide their taxpayer identification number to the company for tax reporting purposes.
- Client Consent Form: This form is signed by clients before receiving a tattoo, confirming their understanding of the procedure and any potential risks involved.
- Release of Liability Waiver: Clients sign this document to acknowledge that they release the shop and artist from any liability related to the tattoo process.
- Payment Agreement: This outlines the payment terms, including how and when the artist will receive their commission for services rendered.
- Health and Safety Policy: This document details the procedures the shop follows to maintain a safe and hygienic environment for both artists and clients.
- Marketing Agreement: If the artist agrees to promote the shop or its services, this document outlines the expectations and any compensation for marketing efforts.
- Operating Agreement: A vital document that outlines the operational procedures of an LLC, protecting member interests and ensuring clarity; consider using a template from NY Templates for proper formatting and structure.
- Termination Notice: This is a formal notice used to communicate the end of the working relationship, detailing the reasons for termination and any final obligations.
Having these documents in place helps both the artist and the company understand their rights and responsibilities. Clear communication and proper paperwork can lead to a successful partnership in the tattoo business.