Homepage Tattoo Shop Artist Agreement Form

Tattoo Shop Artist Agreement Sample

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)

Instructions on Utilizing Tattoo Shop Artist Agreement

Filling out the Tattoo Shop Artist Agreement form involves providing specific information about both the artist and the company. This process ensures that both parties have a clear understanding of their roles and responsibilities. Follow the steps below to complete the form accurately.

  1. Write the date at the top of the form where indicated.
  2. Fill in the name of the artist in the designated space.
  3. Provide the artist's complete address, including street, city, county, state, and zip code.
  4. Enter the name of the company in the next section.
  5. List the state in which the company is organized.
  6. Complete the company’s principal office address, including street, city, county, state, and zip code.
  7. Indicate the start date of the artist's employment with the company.
  8. Fill in the commission percentage that the artist will receive for their services.
  9. Specify the payment schedule for the commissions (e.g., monthly, bi-weekly).
  10. State the duration of the agreement, such as weeks, months, or years.
  11. Indicate the number of days’ notice required for termination of the agreement.
  12. Provide the name and title of the company representative who will sign the agreement.
  13. Have both parties sign and date the agreement at the bottom.

Misconceptions

Understanding the Tattoo Shop Artist Agreement is essential for both artists and shop owners. However, several misconceptions can lead to confusion. Here are six common misunderstandings:

  • Misconception 1: The artist is considered an employee.
  • This agreement clearly states that the artist is an independent contractor. This means the artist is responsible for their own taxes and does not receive employee benefits.

  • Misconception 2: The artist has no financial responsibilities.
  • While the company pays the artist a commission, the artist must cover their own expenses and taxes. This includes all costs related to their work.

  • Misconception 3: The agreement is indefinite.
  • The agreement specifies a duration and can be terminated under certain conditions. It’s important to understand the terms regarding termination to avoid surprises.

  • Misconception 4: The artist can freely assign their contract to someone else.
  • Neither party can assign the agreement without written consent from the other. This protects both the artist and the company from unexpected changes.

  • Misconception 5: All disputes must go to court.
  • The agreement requires binding arbitration for disputes, which is often faster and less formal than court proceedings. This is a key aspect of resolving conflicts.

  • Misconception 6: The agreement is not legally binding.
  • This agreement is a legally binding document once signed. Both parties should fully understand its terms before signing to ensure compliance and protection.

Documents used along the form

When engaging in a business relationship within the tattoo industry, several additional forms and documents may be necessary alongside the Tattoo Shop Artist Agreement. These documents help clarify roles, responsibilities, and expectations between the tattoo artist and the shop. Below is a list of commonly used forms that can complement the Tattoo Shop Artist Agreement.

  • Client Consent Form: This document is essential for ensuring that clients understand the risks associated with getting a tattoo. It typically includes information about the procedure, aftercare, and a section for clients to provide their consent.
  • Health and Safety Waiver: A waiver that clients sign to acknowledge that they are aware of any health risks involved in getting a tattoo. It often includes questions about allergies and medical conditions that could affect the tattooing process.
  • Artist Portfolio Release: This form grants the tattoo shop permission to use images of the artist’s work for marketing and promotional purposes. It ensures that the artist's creations can be showcased without legal issues.
  • Independent Contractor Tax Form: This form, often the IRS Form W-9, is necessary for tax purposes. It provides the tattoo shop with the artist's taxpayer identification information for reporting income paid to the artist.
  • Non-Disclosure Agreement (NDA): An NDA helps protect sensitive information shared between the tattoo artist and the shop. It prevents either party from disclosing confidential business practices or client information.
  • Equipment Rental Agreement: If the artist uses equipment owned by the shop, this agreement outlines the terms of use, maintenance responsibilities, and any rental fees associated with the equipment.
  • Marketing Agreement: This document specifies the terms under which the artist and the shop will collaborate on marketing efforts, including social media promotions and special events.
  • ADP Pay Stub Form: Understanding the legalpdfdocs.com template for the ADP Pay Stub is crucial for accurate wage documentation and helps ensure that artists receive their payments correctly and transparently.
  • Termination Notice: A formal document used to notify either party of the intent to terminate the Tattoo Shop Artist Agreement. This notice ensures compliance with the termination procedures outlined in the agreement.
  • Insurance Policy Documentation: Proof of insurance coverage for liability and other relevant risks associated with tattooing. This documentation protects both the artist and the shop in case of accidents or claims.

Utilizing these forms and documents can help create a structured and transparent working relationship between tattoo artists and tattoo shops. They address various aspects of the business and ensure that both parties are protected and informed throughout their collaboration.