ASSOCIATE AGREEMENT

 

 

THIS AGREEMENT (the “Agreement”) on this day.

 

BETWEEN:

The Wellness Company, LLC

 

-AND-

 

You

(individually the “Independent Contractor”)

(individually the “Associate”)

 

The Associate agrees that The Wellness Company, LLC is allowing them access to clients and information regarding The Wellness Company, LLC training methods and pricing.

 

In consideration of the Associate and other valuable considerations, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

 

1. In the event of termination or resignation as an Associate, the Associate shall not, for a period of three (3) years from the date of said termination or resignation, engage in the business of personal training, skincare, or facial product offerings with the clients of The Wellness Company, LLC. This restriction applies directly or indirectly, whether as an associate, individual, partner, principal, agent, employee, Associate, or in any other capacity, including affiliation with a different entity.

2. The Wellness Company, LLC, agrees to provide a monthly sales report along with payment of sales on or before the 10th day of each month. The Wellness Company, LLC, shall not be responsible for providing a year-end statement to the Associate and does not provide income tax records or a 1099 of sales to the State or the IRS. It is understood and agreed that it shall be the sole responsibility of the Associate or Independent Contractor to calculate and report income.

3. The Associate shall not, directly or indirectly, solicit or assist in soliciting any business related to skincare, facial products, or personal training. Additionally, the Associate shall not engage in any dealings or contracts with clients of The Wellness Company, LLC.

4. The Associate shall not, at any time, directly or indirectly, use or disclose to any person, except authorized officers or employees of The Wellness Company, LLC, any customer lists, records, training manuals, or other proprietary information acquired during their tenure with The Wellness Company, LLC.

5. The Associate acknowledges that The Wellness Company, LLC may suffer immediate and irreparable harm in the event of a breach of any part of this Agreement. Accordingly, in the event of a breach or threatened breach by the Associate of any provision of this Agreement, The Wellness Company, LLC shall be entitled to an injunction restraining the Associate from committing such breach or threatened breach. This remedy shall be in addition to any other legal or equitable remedies available to The Wellness Company, LLC, including monetary damages amounting to seventy-five percent (75%) of the income collected by the Associate during the period of the breach. The injunction may be granted through mediation selected by The Wellness Company, LLC.

6. The Parties agree that confidentiality is a material part of this Agreement. If any dispute arises between the parties regarding the breach, enforceability or construction of this Agreement, they agree to mediate the dispute. The mediator’s fee will be split equally between the Parties. If the Associate for any reason fails to participate in the mediation, their breach of this Agreement shall be deemed conclusively established and The Wellness Company, LLC shall be entitled to relief as requested. 

7. The Associate understands and agrees that this Agreement is not an employment contract. Moreover, the policies expressed herein are not promises of specific treatment. The Associate understands and agrees that they are responsible for payment of taxes for income collected from The Wellness Company, LLC parties hereto, and their respective successors and assigns, and such terms and provisions may be modified in writing. and signed by all parties.

8. If any provision, or any part of a provision, included within this agreement is determined by any court having jurisdiction to be invalid or unenforceable, that portion shall be deemed severed without affecting the validity or enforcement of the remaining provisions of this agreement.

​

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. 

 

You acknowledge that you have carefully read this agreement and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against the personal trainer or instructor for negligence, or any other personal injury or property damage or loss action.

​

I acknowledge that The Wellness Company, LLC has not arranged for nor carries any insurance of any kind for my benefit and that I am solely responsible for obtaining and paying for any health, life, travel, accident, property, other insurance or costs relative to my injuries or any other loss I may sustain while participating in any activity while located at 416 8th St., Augusta, GA 30901, The Evans Market or The Augusta Market. 

​

I have read this Contractor Agreement, fully understand and agree to its terms. I acknowledge this Contractor Agreement freely and voluntarily, without any inducement or coercion.

 

I certify that: 

• I am over the age of majority (18 years of age or older in most states).

• If I am under 18 years old, I confirm that my parent or guardian has reviewed and agrees to the terms of this agreement.