Content Overview
The Tattoo Shop Artist Agreement form is a crucial 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, clearly defining the terms of employment, compensation, and responsibilities. It specifies that the artist will receive a commission based on the income generated from their tattoo services, with payments made regularly without tax deductions. Importantly, the artist acknowledges their independent contractor status, meaning they are responsible for their own taxes and are not eligible for company benefits. The agreement also covers the duration of employment, conditions for termination, and the necessity for mutual consent for any changes or assignments. Additionally, it includes provisions for indemnification, ensuring that the artist holds the company harmless from any claims related to their work. Lastly, the agreement stipulates that any disputes will be resolved through binding arbitration, promoting a streamlined resolution process. This form serves as the foundation for a professional relationship, ensuring both parties are clear on their rights and obligations.
Key takeaways
Filling out and using the Tattoo Shop Artist Agreement form is essential for establishing a clear understanding between the artist and the company. Here are key takeaways to consider:
- Identify the Parties: Clearly state the names and addresses of both the artist and the company at the beginning of the agreement.
- Independent Contractor Status: Understand that the artist is classified as an independent contractor, not an employee, which affects tax obligations and benefits.
- Commission Structure: Specify the percentage of commission the artist will receive for their services, as well as the payment schedule.
- Expense Responsibility: The artist is responsible for all personal expenses related to their work, with the company only obligated to pay the agreed commission.
- Termination Clause: Familiarize yourself with the termination process, including how to provide written notice and the notice period required.
- Indemnification: Be aware that the artist agrees to protect the company from any claims or damages arising from their work.
- Assignment Restrictions: Neither party can transfer their rights or obligations under the agreement without written consent from the other party.
- Governing Law: Note that the agreement will be governed by the laws of a specific state, which should be clearly indicated.
- Dispute Resolution: Understand that any disputes must be resolved through binding arbitration, following the rules of the American Arbitration Association.
These takeaways provide a foundational understanding of the Tattoo Shop Artist Agreement form, ensuring that both parties are clear about their rights and responsibilities.
Guide to Writing Tattoo Shop Artist Agreement
Completing the Tattoo Shop Artist Agreement form requires careful attention to detail. Each section must be filled out accurately to ensure clarity and mutual understanding between the artist and the company. Follow these steps to complete the form correctly.
- Enter the date at the top of the form where indicated (____ day of _________________________, 20____).
- Fill in the artist's name in the first blank space (Artist: ____________________________________________).
- Provide the artist's complete address in the following fields (street address, city, county, state, zip code).
- Write the company's name in the next blank space (Company: _________________________________________________).
- Specify the state where the company is organized (state of ____________________________________).
- Fill in the company's principal office address (street address, city, county, state, zip code).
- Enter the date when the artist will begin working (beginning _________________________________________).
- Complete the address of the shop where the artist will create tattoos (Company’s shop located at ____________________________________).
- Indicate the commission percentage the artist will receive (a commission of ______% of income).
- Specify when commissions will be paid (e.g., first day of each month).
- Fill in the duration of the agreement (e.g., number of weeks, months, or years).
- Enter the number of days required for termination notice (____________ days).
- Write the governing state law that will apply to this agreement (governed by the laws of _______________________________________________).
- Finally, ensure both parties sign and date the agreement, including the owner’s name and office title.
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Form Preview Example
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) |
Documents used along the form
When operating a tattoo shop, several important documents often accompany the Tattoo Shop Artist Agreement. These forms help clarify the relationship between the artist and the shop, outline responsibilities, and ensure compliance with regulations. Here are five commonly used documents:
- Client Consent Form: This document is signed by clients before receiving a tattoo. It outlines the risks involved and confirms that clients understand the process. It protects the artist and the shop from potential liability.
- Health and Safety Guidelines: This form provides a set of rules and procedures that artists must follow to maintain a safe and hygienic work environment. It includes information on sanitation practices and equipment care.
- Tax Identification Form: This form collects necessary information for tax purposes. Artists, as independent contractors, need to provide their Social Security number or Employer Identification Number to ensure proper tax reporting.
- Employment Application Form: Prospective employees can express their interest in working at the shop and outline their skills and availability by completing the application. For an online option, visit smarttemplates.net/fillable-chick-fil-a-job-application/.
- Artwork Release Form: This document outlines the ownership rights of the artwork created by the artist. It clarifies whether the shop or the artist retains rights to the designs after they are created.
- Termination Notice Template: This is a standard template used when either party wishes to end the agreement. It ensures that both parties follow the proper procedure for termination as outlined in the Tattoo Shop Artist Agreement.
These documents play a crucial role in the smooth operation of a tattoo shop. They help protect both the artist and the business, ensuring that all parties are aware of their rights and responsibilities.