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Misconceptions

  • Misconception 1: The Tattoo Artist is an employee of the Company.
  • Many people believe that once a Tattoo Artist signs the agreement, they become an employee of the Company. However, the agreement explicitly 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 Company is responsible for the Artist's expenses.
  • Some assume that the Company will cover all costs related to the Artist's work. In reality, the agreement clearly states that the Artist must pay all their own expenses. The Company's only obligation is to pay the agreed commission on the tattoos created.

  • Misconception 3: The Artist can terminate the agreement without notice.
  • It's a common belief that either party can end the agreement at any time without any formalities. However, the agreement requires written notice for termination, which must be sent via certified or registered mail. This ensures that both parties are aware of the termination.

  • Misconception 4: The agreement does not protect the Company.
  • Some think that because the Artist is an independent contractor, the Company has no legal protection. This is false. The agreement includes an indemnification clause, which means the Artist agrees to protect the Company from any claims or damages resulting from their actions while working under the agreement.

Detailed Steps for Filling Out Tattoo Shop Artist Agreement

Filling out the Tattoo Shop Artist Agreement form requires careful attention to detail. Each section of the form needs to be completed accurately to ensure that both the artist and the company understand their rights and responsibilities. Follow these steps to fill out the form correctly.

  1. Write the date at the top of the form where indicated.
  2. Fill in the artist's name in the first blank space.
  3. Provide the artist's street address, city, county, state, and zip code in the next section.
  4. Enter the name of the company in the appropriate blank space.
  5. Complete the company’s state of incorporation and its principal office address, including street address, city, county, state, and zip code.
  6. Specify the date the artist will begin working for the company.
  7. Fill in the commission percentage that the artist will receive from the income generated.
  8. Indicate how often commissions will be paid (e.g., monthly).
  9. State the duration of the agreement (e.g., number of weeks, months, or years).
  10. Fill in the number of days required for termination notice in the appropriate section.
  11. Complete the governing law section by writing in the state that will govern the agreement.
  12. Both parties should sign and date the form at the bottom.

Once the form is completed and signed, both parties should keep a copy for their records. This ensures that everyone has access to the agreed-upon terms and conditions of the working relationship.

Document Preview

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)

Dos and Don'ts

When filling out the Tattoo Shop Artist Agreement form, there are important dos and don'ts to keep in mind. Here’s a list to guide you:

  • Do read the entire agreement carefully before signing.
  • Do fill in all required fields completely and accurately.
  • Do ensure your commission percentage is clearly stated.
  • Do keep a copy of the signed agreement for your records.
  • Do understand your tax responsibilities as an independent contractor.
  • Don't leave any blank spaces in the form.
  • Don't sign the agreement without fully understanding its terms.
  • Don't forget to include your correct contact information.
  • Don't assume verbal agreements are included in the written contract.
  • Don't ignore the section on termination rights and procedures.

Key takeaways

When filling out and using the Tattoo Shop Artist Agreement form, consider these key takeaways:

  • Identify the Parties: Clearly state the names and addresses of both the artist and the company. This ensures that both parties are properly recognized in the agreement.
  • Independent Contractor Status: Understand that the artist is considered an independent contractor, not an employee. This distinction affects tax responsibilities and benefits.
  • Commission Structure: Specify the percentage of income the artist will receive. This should be clearly defined to avoid confusion later on.
  • Payment Schedule: Indicate when commissions will be paid. Regular payment schedules help maintain financial clarity for both parties.
  • Tax Responsibilities: The artist must be aware that they are responsible for their own taxes. This includes federal and state taxes, as the company will not withhold any amounts.
  • Expenses: The artist is responsible for all personal expenses incurred while fulfilling their duties under the agreement.
  • Termination Conditions: Be clear on how the agreement can be terminated. Written notice is required, and the notice period should be specified.
  • Indemnification Clause: The artist agrees to protect the company from any claims or damages resulting from their actions. This is crucial for liability purposes.
  • Amendments and Assignments: Any changes to the agreement must be made in writing and agreed upon by both parties. Similarly, neither party can transfer their rights without consent.

Understanding these points will help ensure that both the artist and the company are on the same page and can work together effectively.

Similar forms

The Freelance Artist Agreement is quite similar to the Tattoo Shop Artist Agreement. Both documents establish a working relationship between an artist and a company, emphasizing the independent contractor status of the artist. The Freelance Artist Agreement outlines the scope of work, payment terms, and responsibilities, ensuring that the artist understands they are not an employee. Just like in the Tattoo Shop Artist Agreement, the freelance artist is responsible for their own taxes and expenses, and the agreement can be terminated under specified conditions.

The Independent Contractor Agreement serves a similar purpose. It formalizes the relationship between a contractor and a company, clarifying that the contractor is not an employee. This document also covers payment structures, responsibilities, and liabilities. In both agreements, the independent contractor must manage their own expenses and taxes. The termination clauses in both agreements provide a clear process for ending the working relationship, ensuring both parties are protected.

The Commission Agreement is another document that shares similarities. This agreement specifically outlines how commissions will be calculated and paid to the artist for their work. Like the Tattoo Shop Artist Agreement, it emphasizes the independent nature of the artist's role and the responsibility for taxes. Both agreements detail the payment schedule and conditions for termination, ensuring transparency and mutual understanding between the parties involved.

The Service Agreement is also comparable, as it defines the terms under which services are provided by one party to another. This document typically includes sections on payment, responsibilities, and termination. In both the Service Agreement and the Tattoo Shop Artist Agreement, the service provider is recognized as an independent contractor, responsible for their own taxes and expenses. This ensures that both parties have a clear understanding of their obligations and rights.

The Consulting Agreement shares common elements with the Tattoo Shop Artist Agreement. It establishes a working relationship between a consultant and a company, emphasizing the consultant's independent contractor status. Payment terms, responsibilities, and termination conditions are outlined in both documents. The consultant, like the tattoo artist, is responsible for their own taxes and expenses, ensuring clarity and accountability in the working relationship.

The Artist Management Agreement is another document that can be likened to the Tattoo Shop Artist Agreement. This agreement typically outlines the relationship between an artist and their manager, detailing how the manager will promote the artist's work and handle business affairs. Both agreements emphasize the independent status of the artist and include terms for payment and termination. They also require the artist to manage their own taxes and expenses, fostering a sense of responsibility.

Lastly, the Partnership Agreement can be seen as similar in some respects. While it typically involves two or more parties working together, it can include independent contractors as part of the partnership. Like the Tattoo Shop Artist Agreement, it outlines the responsibilities, payment terms, and conditions for termination. Both agreements ensure that all parties are aware of their obligations and the independent nature of their work, promoting a clear understanding of the partnership dynamics.

Documents used along the form

When operating a tattoo shop, various documents work in tandem with the Tattoo Shop Artist Agreement to ensure that both the artist and the shop are protected and that their rights and responsibilities are clearly defined. Below is a list of forms and documents commonly used alongside the Tattoo Shop Artist Agreement, each serving a specific purpose in the business relationship.

  • Independent Contractor Agreement: This document outlines the terms under which the artist operates as an independent contractor rather than an employee, clarifying tax responsibilities and obligations.
  • Client Consent Form: Before any tattooing begins, clients must sign a consent form. This document ensures that clients are aware of the risks associated with getting a tattoo and that they consent to the procedure.
  • Health and Safety Guidelines: This document details the health and safety protocols that must be followed within the shop, ensuring compliance with local health regulations and protecting both artists and clients.
  • Liability Waiver: Clients often sign a liability waiver that releases the tattoo shop and artist from any claims related to the tattooing process, including potential allergic reactions or infections.
  • Non-Disclosure Agreement (NDA): If the artist will have access to proprietary information or trade secrets of the shop, an NDA may be used to protect that information from being disclosed to third parties.
  • Tax Identification Form: This form is essential for tax purposes, allowing the shop to report payments made to the artist as an independent contractor to the IRS.
  • Inventory and Supply Agreement: This document governs the supply of materials and equipment used by the artist, including inks and needles, ensuring that both parties understand their responsibilities regarding inventory.
  • Marketing and Promotion Agreement: If the artist will participate in promotional activities or marketing campaigns, this agreement outlines the terms and conditions of such involvement.
  • Termination Notice Template: A standard template for notifying the artist or the shop of termination of the agreement, ensuring that all parties adhere to the notice requirements specified in the Tattoo Shop Artist Agreement.
  • Record Keeping Form: This form helps maintain records of client details, tattoo designs, and aftercare instructions, which is crucial for both legal compliance and customer service.

These documents collectively contribute to a well-structured operational framework for tattoo shops. By ensuring that all parties are informed and protected, they help create a professional environment that fosters trust and clarity in the artist-client relationship.