FamilyTravelBusiness.net

FamilyTravelBusiness.net
INDEPENDENT CONTRACTOR AGREEMENT

This AGREEMENT is entered into as of the date submitted, between L. Hall, P.O. Box 721378 Pinon Hills, CA 92372 and the Independent Contractor, hereinafter referred to as the ”IC” and/or sub-agent. Use of our website(s) and services constitutes acceptance of our Terms & Conditions.

General Program - L. Hall provides one-on-one mentoring, training & support for the new travel agent. L. Hall has partnered with a designated host agency who generally specializes in working with experienced travel agents only. Technology may be provided by our designated host agency. Experience agents welcome.

1. Term of Agreement - IC agrees to be of legal age in the state in which they reside.

2. Duties of Independent Contractor - The IC acts as an independent, self-employed, outside salesperson for the purpose of selling travel and the IC agrees to act in such a capacity through this opportunity.

4. Fees – A one time, non-refundable set-up fee of $99.95. Two monthly payment option plans are available. (a.) A monthly fee of $39.95 will be paid for the 80% compensation plan, or (b.) A monthly fee of $25.95 will be paid for the 70% compensation plan. First month charge (of $39.95 or $25.95) is paid at time of set up.

5. Compensation – Two plans are available. (a.) If your monthly fee is $39.95, your compensation will be 80% of net travel agent commissions - please see definition of "net" below. (b.) If your monthly fee is $25.95 your compensation will be 70% of net travel agent commissions received on your behalf for travel you booked through our designated host agency - please see definition of "net" below.

The net commission is defined as standard travel agent commission and minus any commissions rebated to a commercial account or individual client. IC shall not enter into any rebating agreement, or other agreement, on behalf of L. Hall, Family Travel Business, or any of our business partners (including but not limited to our host agency). L. Hall and/or our designated host agency retains the right to deduct any ticketing fees, GDS charges, postage and delivery fees, accounting research fees, debit memos, charge backs, etc., as well as monetary damages as a result of negligence on the part of the IC's from the IC's commissions. For complete details of the Compensation Plan, see Attachment “A”.

5. Receiving Commissions - L. Hall shall receive and disburse the commission paid to us by our designated host agency for any sale in which the IC uses our designated host agency's ARC, IATAN, CLIA, or Booking Identification Number.

IC agrees that all payments in the form of cash or check are to be transacted through our designated host agency and never directly to the supplier. Credit card transactions may be transacted and processed directly with the supplier/vendor.

6. Method of Payment - All commission payments received by L. Hall, on your behalf, through our designated host agency are generally disbursed 5 days following the receipt of said commissions. Standard commission pay dates are on or around the 20th of each month. Commissions must be received by our designated host agency from the travel supplier, processed by our designated host agency, and supplied to L. Hall for us to process. All deducted monthly fees, applicable GDS fees, and expenses directly attributable to those sales as outlined above. For IATAN card requirements, our designated host agency has agreed to report 100% of the gross commissions received by host agency on sales generated by the IC.

7. Expenses – IC shall be responsible for all expenses incurred in performing his/her duties including but not limited to business cards, promotional materials, office supplies, equipment and postage. Postage and delivery expenses are automatically deducted from agent commissions. L. Hall and our designated host agency retains the right to amend the postage and delivery rates if necessary.

8. Place of Work and Hours – IC may choose where the work is to be performed, is not required to work on the premises of L. Hall. No fixed or minimum number of hours are required.

9. Risk of Loss/Profit Potential – IC assumes the risk of incurring a loss if his/her share of sales commissions does not cover IC's expenses. Similarly, the IC enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.

10. No Entitlement to Vacation or Health Benefits - As a self-employed individual, the IC shall not receive or earn any vacation or sick pay from L. Hall, Family Travel Business, or our designated host agency and is not covered under the Company’s medical or dental plan.

11. Federal, State, and Local Law – IC accepts full responsibility for compliance with all federal, state, and local laws in connection with the performance their duties as well as this Agreement, including, but not limited to, payment of any federal, state, or local income taxes, payment of social security, FICA, worker's compensation and obtaining any required state or local licenses or registrations; is responsible for taxes and Social Security for any employee(s); agrees to indemnify and hold L. Hall, Family Travel Business, and/or our designated host agency harmless for any assessments against L. Hall, Family Travel Business, and/or our designated host agency due to any failure to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker's compensation; agrees to abide by any and all applicable Sellers of Travel Laws as currently written and/or amended; understands it is the responsibility of the IC to check with the applicable governing authority regarding these consumer protection laws.

12. L. Hall, Family Travel Business, and/or our designated host agency's Responsibility Related to Website Access - L. Hall, Family Travel Business, and/or our designated host agency is not responsible or liable for any direct or indirect loss of business or inconveniences resulting from malfunctions, failures, downtime or maintenance of any hardware, software, web page hosting, telephone lines, cable lines, intranet or internet. All computer hardware and software is provided by third party vendors or suppliers and is not the responsibility of L. Hall, Family Travel Business, and/or our designated host agency. Neither party shall be responsible for downtimes, delays, software failures or nonperformance caused by acts of God or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of that party.

13. Termination

• For Cause - L. Hall, Family Travel Business, and/or our designated host agency reserves the right to change, revoke or cancel this agreement at any time with the IC for:

A) Misrepresentation, Dishonesty, Fraud, Unprofessional Activities, and/or Inappropriate Conduct.
B) Violation of ethics which could be damaging to the profitability, image and integrity of L. Hall, Family Travel Business, and/or our designated host agency.
C) The occurrence of circumstances that make it impossible or impracticable for the business of L. Hall, Family Travel Business, and/or our designated host agency to continue.
D) The willful or negligent breach of duty by the IC in the course of his/her performance.
E) The continued incapacity on the part of the IC to perform his/her duties.
F) Failure to comply with any State or Government which has a Seller of Travel Law as written and/or amended.
G) Payments in the form of cash or check made directly to the supplier/vendor will cause the IC to be terminated immediately.
H) Authorization or request to any supplier/vendor for delivery of commission payment directly to the IC, therefore bypassing L. Hall, Family Travel Business, and/or our designated host agency, will cause the IC to be terminated immediately.

In the event the IC is terminated for any of the above or any unlawful act, the IC will forfeit all unpaid commissions.

14. Non-Disclosure, Non-Disruption and Confidentiality - The IC understands and agrees in return for receiving any information or materials written, verbal, or electronic concerning L. Hall, Family Travel Business, our designated host agency and/or its affiliates, agrees to keep secrets and not to divulge, disclose or communicate, either directly or indirectly, to any person, firm, partnership, corporation or any other entity whatsoever any information concerning the matters effecting or relating to the business of L. Hall, Family Travel Business, our designated host agency and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising procedures, past or present employees, past, present pending clients, agents, subcontractors and affiliates, recruitment and training plans, agent commission programs, daily operations, corporate policies and procedures, supplier and vendor commission and override contracts or any other agreements with these suppliers and vendors, and any other information that L. Hall, Family Travel Business, our designated host agency and its affiliates may deem confidential. The IC agrees not to act, or fail to act in any manner either directly or indirectly, that may cause the disruption of business, direct any business away from, and/or to cause discord to the business of and/or business relationships of L. Hall, Family Travel Business, our designated host agency and/or its affiliates. Any such breach will result in immediate termination and forfeiture of unpaid commissions.

15. Attorney's Fees and Costs – In the event any action at law or in equity necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which he/she may be entitled.

16. Law Governing Agreement - This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of the State of California, in the County of Los Angeles or possibly Orange County. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

17. Non-Assignability - This agreement is not assignable without the written consent of L. Hall.

18. Amendment of Contract - L. Hall retains the right to make amendments and/or changes to this Agreement at any time, with or without notice. Amendments and/or changes shall be posted in the Terms & Conditions section FamilyTravelBusiness.net and/or by electronic notification through e-mail or our Yahoo Group Newsletter system. Amendments and/or changes to the contract shall become effective immediately upon posting and/or electronic notification. Amendments and/or changes to the contract will not apply to any bookings made prior to the effective date of such changes provided that the agent has entered the booking into the booking notification system or our designated host agency's approved booking system. Failure to provide written notice of termination of the amended Agreement within 10 days of the effective date of such amendment and/or changes will serve as indication that the IC accepts and agrees to abide by the terms and conditions of amendment.

19. Complete Agreement - This agreement represents the complete understanding of the parties with respect to the described Independent Contractor relationship. No waiver, amendment, or change of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver

Attachment A

Plan A Compensation

• Set-up Fee of $99.95
• Monthly Fee of $39.95 / Agents receive 80% of their commissions
• Ability to apply for IATAN and CLIA card for qualifying agents as provided by our designated host agency.

Plan B Compensation

• Set-up Fee of $99.95
• Monthly Fee of $25.95 / Agents receive 70% of their commissions
• Ability to apply for IATAN and CLIA card for qualifying agents as provided by our designated host agency.


07-12-07