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Case Study: The Show Must Go On

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WITNESS that the Company hereby agrees to enter into this Agreement with the Contractor as an independent contractor, subject to the termination at the will by either party as set out herein, and subject to the following terms and conditions:

1. Agreement
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreement herein contained, and for other consideration acknowledged by the parties to be of good and sufficient value, the parties covenant and agree as follows:

2. Company’s Obligations
Provided that the Contractor is not in default in the performance of his/her obligations, the Company shall ensure that the Contractor is paid the agreed upon fee once the work is complete.

3. Contractor’s Obligations

  • a) Govern his/her conduct to the highest ethical standard;
  • b) Shall be responsible for all expenses incurred while performing services under this Agreement;
  • c) Shall wear suitable clothing including, but not limited to,
    • i. closed toe footwear must be worn at all times (failure to wear closed toe footwear will result in the Contractor being sent home, without pay);
    • ii. pants (jeans recommended) and a long-sleeved shirt must be worn during set up and take down;
    • iii. during the show, the Contractor is required to wear black bottoms and the t-shirt provided by the Company. In the event that the Company t-shirt is not returned by the Contractor at the end of the show, the Contractor must pay the Company a replacement fee of $100;
  • d) Not to enter any contracts that may obligate the Company;
  • e) Not to take any merchandise belonging to the Company without first obtaining permission from the Company; and
  • f) Permit the periodic security checks to ensure that the Company’s merchandise is not stolen.

4. Indemnity
The Contractor shall indemnify, defend, save free and hold harmless the Company and its directors, officers and employees against all claims, suits, causes of action or other proceedings brought or threatened to be brought against the Company and any liability, damages, or expenses (including legal fees and court costs) whatsoever arising from the Contractor’s negligence.

The Contractor shall obtain the requisite amount of insurance to ensure that the Contractor is able to comply with the entirety of this indemnity provision.

5. COVID-19
Contractors in the five (5) days prior to a show that have experienced any symptoms associated with COVID-19, which include fever, cough and shortness of breath, must promptly disclose his/her/their symptoms to the Company and it is the Company’s sole discretion to terminate this Agreement without compensation should the Company determine that the Contractor is a risk to spread the COVID-19 virus.

6. Entire Agreement
This is the entire Agreement between the Contractor and the Company.

7. Amendments
This Agreement may be modified only in writing and signed by the Contractor and the Company.

8. Dispute Resolution
If a dispute arises under this Agreement, the parties agree to make best efforts to resolve the dispute failing which the parties agree to submit the dispute pursuant to the provisions of the Arbitration Act, [SBC 2020] ch. 2.

9. Applicable Law
This Agreement will be governed by the laws of British Columbia.

10. Counterparts
This Agreement made be signed in counterparts and transmitted via electronic means.