Independent Contractor Agreement (Page 2 of 4) in pdf

The Independent Contract represents and agrees to the following:

a. It is free from the Company’s control or direction when performing the Work;

b. It is customarily engaged in an independently established trade, occupation, profession or

business.

c. It possesses the essential tools for the job, independent of the Company, for whom the Work

is performed;

d. It realizes a profit or loss as a result of performing its services;

e. Its owner has a proprietary interest in the business (sole proprietorship), limited liability

company or corporation operating as the Independent Contractor;

f. It maintains an independent business location;

g. It performs similar services for other hiring parties and holds itself out as able to perform

similar services;

h. It now has and shall maintain individual liability insurance in an amount of at least $50,000;

and

It now has and shall maintain all required worker’s compensation coverage for its employees.

Rate of Compensation & Payment of Services –

Default – If Independent Contractor should default in the performance of any of its duties or

obligations hereunder, and such default should continue after verbal or written notice, Company may

immediately terminate this Agreement. Independent Contractor shall be due only such sums for approved

work up until termination without the addition of prospective profits or any other charges whatsoever. In

case of such termination of the employment of the Independent Contractor, Independent Contractor shall

not be entitled to receive any further payment under this Agreement.

Indemnification – To the fullest extent permitted by the law, Independent Contractor will

defend, indemnify, and hold the Company harmless from all damages, losses, and expenses, including

attorneys’ fees, from any claims or damages of any kind resulting from the performance of this

Agreement, but only to the extent caused in whole or in part by any negligence of Independent Contractor

or any of its subcontractors, agents, or employees.

With respect to any and all claims brought against the Company, its affiliates and their respective

directors, officers, employees, agents, successors and assigns by an employee of Independent Contractor,

the Independent Contractor for itself, its successors and assigns, hereby expressly agrees to waive any

provision of the Pennsylvania Workers’ Compensation Act whereby Independent Contractor could

otherwise preclude its joinder as an additional defendant, or avoid liability in any action at law or in

equity or otherwise, where an employee of the Independent Contractor, its heirs, assigns or anyone

entitled to receive damages by reason of any injury or death, arising from any act or omission, whether

negligent, grossly negligent or otherwise, on the part of the Independent Contractor, in an action, lawsuit

or legal proceeding against the Company. The indemnification obligations accepted by the Independent

Contractor under this paragraph shall not be limited in any way by any limitation on the amount of or type

of damages, compensation or benefits payable by the Independent Contractor pursuant to the

Pennsylvania Workers’ Compensation Act or any other employee benefit law, rule or regulation. The

Independent Contractor agrees and acknowledges that by undertaking to indemnify the Company under

this paragraph, the Independent Contractor is expressly undertaking indemnification liability by written

contract pursuant to Section 481(b) of the Pennsylvania Workers’ Compensation Act, 77 Pa. C.S.

§481(b).

Taxes and Benefits – As an independent contractor, Independent Contractor shall be solely

responsible for paying all applicable taxes. Furthermore, Independent Contractor shall not be eligible to

Independent Contractor Agreement Page 2

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