TERMS AND CONDITIONS

The following pages comprise our Independent Contractor Agreement with detailed information laying out what to expect from Accessible Bath Designs LLC and what your responsibilities are. Read it, if needed, ask questions.

BACKGROUND

  1. The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.
  2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the Party” and collectively the “Parties” to this Agreement) agree as follows:

SERVICES PROVIDED

  1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services): An accessible bathroom design to be used as a guide for a bathroom remodel.
  2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERM OF AGREEMENT

  1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with written consent of the Parties.

PERFORMANCE

  1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

  1. All monetary amounts referred to in this Agreement are in USD (US Dollars).

COMPENSATION

  1. The Contractor will charge the Client a flat fee to be determined based on the “scope of the project.” for the Services (the “Compensation”).
  2. A retainer of $1,000.00 (the “Retainer”) is payable by the client upon execution of this Agreement.
  3. For the remaining amount the Client will be invoiced and is payable the day of the site inspection.

RETURN OF PROPERTY

  1. Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.

CAPACITY/INDEPENDENT CONTRACTOR

  1. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for services. The Client is not required to pay or make any contributions to, any social security, local, state, or federal tax, unemployment compensation, worker’s compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during this Term. The Contractor is responsible for paying and complying with reporting requirements for all local, state, and federal taxes related to payments made to the Contractor under this Agreement.

RIGHT OF SUBSTITUTION

  1. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party subcontractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
  2. In the event that the Contractor hires a subcontractor, the Contractor will pay the subcontractor for its services. And for the purposes of the indemnification clause of this Agreement, the subcontractor is an agent of the Contractor.

AUTONOMY

  1. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to reasonable needs and concerns of the Client.

EQUIPMENT

  1. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.

NO EXCLUSIVITY

  1. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

NOTICE

  1. All notices, requests, demands or other communications required or permitted by the term of this Agreement will be given in writing and delivered to the Parties at the following addresses:

Client:                                                                                   
                                                                                                 

Contractor: Accessible Bath Designs LLC

                          P.O. Box 571, Freeland, WA 98249

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

INDEMNIFICATION

  1. Except to the extent paid and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

TIME OF THE ESSENCE

  1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT

  1. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

  1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT

  1. This Agreement will enure to the benefit of and be binding on the Parties and their representative heirs, executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

  1. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Washington.

SEVERABILITY

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.