Booth rental agreement - Island Salon Independent Contractor Facility

Island Salon
Independent Contractor Facility
Kingwood, Texas 77339
theisland@embarqmail.com
Phone # 832-335-5661
BOOTH RENTAL AGREEMENT
This Agreement is made effective as of the _____, day of ______________, _____ by and between the Island Salon / (AKA) Savannah M. Davis
(Owner) and ____________________________________ ("Independent Contractor").
The parties agree as follows: _____ (x) Initials required; Indicates clear / concise understanding of Agreement Clause.
_____ (x) PREMISES. Owner, in consideration of the Booth Rental payments provided in this Agreement; Agreements to
_____________________________ (Contractor), Salon Work Area (Including Styling Chair, Work Station, Mirror, Shampoo Area, Dryer Area, Break
Room, Waiting Room, Storage Lockers, Restroom, Salon Towels, Salon Capes, Salon Neck Strips, Salon Aprons, Cable TV, Credit Card/Debit Card
Capability and Check Verification) located at 2626 Chestnut Ridge Rd. Kingwood, Texas 77339.
83.22. License Requirements--Beauty Salons, Specialty Salons, Dual Shops, Mobile Shops, and Booth Rentals (Independent Contractors). (Adopted effective December 8, 2005, 30 TexReg 8082; amended effective March 1, 2006, 31 TexReg 1280 amended effective August 1, 2006, 31
TexReg 5952; amended effective October 11, 2007, 32 TexReg 7050; amended effective January 1, 2008, 32 TexReg 9970; amended effective December 15, 2010, 35 TexReg 10956)(a) To be eligible for a beauty salon, specialty salon, dual shop, mobile shop, or booth rental license, an applicant
must:(1) obtain the current law and rules book;(2) comply with the requirements of the Act and this chapter;(3) submit a completed application on a department-approved form;(4) pay the fee required under §83.80; and(5) for a booth rental license, hold an active department-issued cosmetology
license.(b) In addition to the requirements of subsection (a), a dual shop license applicant must comply with the requirements to the Act, this chapter, Texas Occupations Code, Chapter 1601, and 16 TAC Chapter 82 for obtaining a beauty salon license and a barbershop permit.(c) In addition to the
requirements of subsection (a), a mobile shop license applicant must:(1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use;(2) provide a permanent mailing address where correspondence from the department
may be received; and(3) verify that the mobile shop complies with the requirements of the Act and this chapter.(d) To be eligible for a temporary beauty salon, specialty salon, or dual shop license, an applicant must:(1) obtain the current law and rules book;(2) comply with the requirements of the
Act, this chapter and if applicable, Texas Occupations Code, Chapter 1601 and 16 TAC Chapter 82;(3) submit a completed application on a department-approved form;(4) pay the fee required under §83.80; and(5) hold an active department-issued cosmetology operator license, specialty license, or
certificate.(e) A temporary license may not be issued for more than one physical address.(f) A temporary license expires on the 60th day after the date the license is issued and may not be renewed.(g) An applicant who is issued a license under subsection (d) is not eligible for another temporary
license until one year after the date the previous license was issued.
_____ (x) TERM. Twenty-six (26) bi-weekly payments constitute a completed contract in its entirety; not twelve (12) calendar months. The
Agreement term will begin on the _____, day of ______________, _____ and will terminate automatically on the _______, day of
___________________, _______.
1. _____ (x) An “Independent Contractor” is not now and will not be considered an employee of Island Salon.
All Taxes such as State or Federal Income Taxes, Estimated Wage Taxes, FDIC Withholding Taxes, Social Security Taxes, Retirement or Pension
Contributions, State Comptroller, Tip Taxes or Local taxes and fees are the sole responsibility of the independent contractor.
2. _____ (x) INSURANCES. Life, Medical, Worker’s Compensation, General Liability (Malpractice) and Disability are the sole responsibility of the
independent contractor. A copy of liability insurance shall be submitted to Island Salon by the end of the first month of contract date.
3. _____ (x) SALON BUSINESS HOURS. Due to TDLR state inspections and strip center requirements; specific business hours must be
maintained. Hours of operation: Closed on Sunday and Monday. Open on Tuesday – Saturday 9:00 AM – 8:00 PM. Doors of Island Salon will
not open on any Sunday or Monday for independent contractor client services. Cleaning, maintenance and repair staff shall be the only parties
allowed salon entrance on Sunday & Monday. Independent Contractor has 55 hours per week use of salon facilities. No services shall be performed
before 9:00 AM. No services shall be performed after 8:00 PM. Last appointment or client walk-in services shall be no later than 7:00pm; client
service must accommodate the salon and strip center hours of operation.
4. BOOTH AGREEMENT PAYMENTS.
*Island Salon charges Barber Contractor; One Hundred Forty Five Dollars ($145.00) per week.
_____ (x) 2. Barber Contractor shall pay to the Island Salon / (AKA) Savannah M. Davis (Owner) bi-weekly payments of Two Hundred Ninety Dollars & .00 cents
($290.00) (X) __________. Payment should be made in advance; bi-weekly on Saturday by the end of the business day. If payment day is a Holiday and/or Contractor
is unavailable payment must be made prior to absence (i.e. Illness, Vacation, Personal Issues …etc).
Agreement payments shall be made to Landlord or Deposited (Check, Electronic, or M.O.) in Drop Box at 2626 Chestnut Ridge Rd., Kingwood, Texas 77339.
5. _____ (x) LATE PAYMENTS. For each payment that is not paid in advance or on the due day, by the end of the business day;
Contractor shall pay a late fee of Ten Dollars ($10.00) per day, beginning with the next (1 st ) day (not business day).
6. _____ (x) THE CONTRACTOR: Shall be responsible for: The Purchase of ALL Tools, Implements and Supplies needed to perform client
services.
83.71. Responsibilities of Beauty Salons, Specialty Salons, Dual Shops, and Booth Rentals. (Adopted effective December 8, 2005, 30 TexReg 8082; amended effective March 1, 2006, 31 TexReg 1280; amended effective August 1, 2006, 31 TexReg 5952; amended effective October 11,
2007, 32 TexReg 7050; amended effective January 1, 2008, 32 TexReg 9970; amended effective December 15, 2010, 35 TexReg 10956)(a) Each establishment must have a copy of the current law and rules book.(b) Each establishment is responsible for compliance with the health and safety
standards of this chapter.(c) Salons may lease space to an independent contractor who holds a booth rental (independent contractor) license. The lessor to an independent contractor must maintain a list of all renters that includes the name of renter and the cosmetology license number of the
renter. The lessor must supply the department inspector with a list of renters upon request.(d) Each salon shall comply with the following requirements:(1) a sink with hot and cold running water;(2) an identifiable sign with the salon's name;(3) a suitable receptacle for used towels/linen;(4) one wet
disinfectant soaking container;(5) a clean, dry, debris-free storage area;(6) a minimum of one covered trash container; and (7) if providing manicure or pedicure nail services, a department-approved sterilizer.(e) In addition to the requirements of subsection (d):(1) beauty salons shall provide the
following equipment for each licensee present and providing services:(A) one working station;(B) one styling chair;(C) a sufficient amount of shampoo bowls; and(D) one hand-held hair dryer or hood hair dryer, with or without chair.(2) manicure salons shall provide the following equipment for each
licensee present and providing services:(A) one manicure table with light;(B) one manicure stool; and(C) one professional client chair for each manicure station.(3) facial salons shall provide the following equipment for each licensee present and providing services:(A) one facial couch/chair; and(B)
one mirror.(4) combination manicure/facial salons shall provide the following equipment:(A) the requirements for manicure salon; and(B) the requirements for facial salon.(5) wig salons shall provide the following equipment for each licensee present and providing services:(A) one mannequin table,
station, or styling bar to accommodate a minimum of 10 hairpieces;(B) one wig dryer; and(C) two canvas wig blocks.(6) hair weaving salons shall provide the following equipment for each licensee present and providing services:(A) one work station;(B) one styling chair;(C) a sufficient amount of
shampoo bowls for licensees providing hair weaving services; and(D) one chair dryer/handheld dryer for each three licensees providing hair weaving services.(7) hair braiding salons shall provide the following equipment for each licensee present and providing services:(A) one work station; and(B)
one styling chair.(8) Dual shops shall:(A) comply with all equirements of the Act and this chapter applicable to beauty salons;(B) comply with all requirements of Texas Occupations Code, Chapter 1601, and 16 TAC Chapter 82 applicable to barbershops; and(C) if the shop is without the services of
at least one licensed barber (or cosmetologist) for a period of 90 days or more:(i) not place any dvertisement or display any sign or symbol indicating that the shop offers barbering (or cosmetology) services; and(ii) remove any existing sign or symbol indicating that the shop offers barbering (or
cosmetology) services.(f) All booth rental (independent contractor) licensees must have the following items:(1) one wet disinfectant soaking container;(2) a clean, dry, debris-free storage area;(3) a suitable receptacle for used towels/linen; and(4) a current law and rules book.(g) In addition to the
requirements in subsection (f), booth rental (independent contractor) licensees must have the following items.(1) If practicing in a beauty salon, one work station and one styling chair.(2) If practicing in a facial salon, one facial couch or facial chair and one mirror, wall hung or hand held.(3) If
practicing in a manicure salon, one manicure table with a light, one manicure stool, and one chair, professional in appearance.(h) Booth rental (independent contractor) licensees must comply with all state and federal laws relating to independent contractors.(i) A booth rental (independent
contractor) licensee may provide the cosmetology service(s) authorized by the independent contractor’s cosmetology license.(j) Cosmetology establishments shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment’s most recent inspection
report issued by the department.
7. _____ (x) UNIFORM. PROFESSIONAL ATTIRE ONLY. Black, White or Red is the preferred colors. Island Salon will provide standard work
aprons, client protection capes, neck strips and towels that are the only work wear and linen to be used to provide a professional, consistent salon
appearance.
(83.70. Responsibilities of Individuals. (Adopted effective December 8, 2005, 30 TexReg 8082; amended effective March 1, 2006, 31 TexReg 1280; amended effective August 1, 2006, 31 TexReg 5952) (j) Licensees shall wear clean top and bottom outer garments and footwear while performing
services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, shoes and other similar clothing and do not include lingerie or see-through fabric.
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8. _____ (x) CURRENT LICENSES. Independent Contractor shall always place both current (Operator & Booth) licenses in appropriate place and
frame designated by Island Salon.
9. _____ (x) MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in good repair at all times and perform all repairs
necessary to satisfy any implied warranty of habitability.
The Contractor shall be Responsible for:
a) Following ALL Sanitations Laws at ALL times.
b) Keeping work areas clean At All times.
c) Discarding all trash; daily in designated waste receptacle, to be removed by owner in a timely manner.
10. _____ (x) BUSINESS PROMOTIONS. Independent Contractor is responsible for handling his/hers own independent business. Promoting,
Honoring, Recompense, Discounts, Rewards, Referral systems in a professional manner. No advertising shall in any way reflect Island Salon in a
derogatory, discreditable or unprofessional manner. (Island Salon is responsible for advertising and promoting salon image and work space
availability or solicitation for independent agreement contractors. Advertising in collaboration and partnership with the Island Salon may occur by
which all parties shall agree and share expense of advertising.)
11. _____ (x) COMMERCE CENTER RETAILERS. Due to a conflict of interest with neighboring businesses; Island Salons and/or Independent
Contractors may only perform certain services; Haircare grooming and preparation services.
Small indulgence up-sale services such as Lash/Brow Tinting, Lash Perming, Waxing, Makeup and Artificial Lashes may be offered.
12. _____ (x) FINES. Fines, defined as a sum of money that someone is ordered to pay for breaking a law or rule. Independent Contractor is
responsible for all client services. Independent Contractors are responsible for all fines and/or violations given to an individual by Texas Department
of Licensing & Regulations. ALL work shall be performed in a professional, efficient manner. All / Any Direct or Potential complaints, suits, debts,
judgments, abstracts, liens and or any violations of any law must be disclosed to Island Salon (AKA) Savannah Davis; immediately. All information
will be held in the strictest confidence.
13. _____ (x) PRICING. Independent Contractor is responsible for setting his / her own pricing for services. Demographics should be considered, coworker
pricing should also be taken into consideration. Competitive pricing is based on area salon pricing; not in salon pricing.
14. _____ (x) WALK-IN CLIENTAL. Independent Contractor will be fair and honest in the distribution of all walk-in clients. Rotation and diplomatic
distribution of walk-in clientele is strongly recommended. IF NEEDED A WALK-IN CLIENT ROTATION LOG may be provided by Island Salon.
15. _____ (x) PRODUCT LINE. Independent Contractor must use professional product line only.
a) “Retail Contractor” products may only be sold “IF” Island Salon DOES NOT offer that particular professional product line.
b) “Non-Retail Contractor” Is Not Allowed To Sell Any Additional Items.
c) No Direct Retail Sells Competition Shall Be Allowed Within The Daily Operation of Island Salon.
d) Contractors Who Share / Collaborate / Manipulate Retail Sales With Any Other Contractor Or Cliental Will Directly Violate
Said Agreement And Is Automatic Grounds For “Rental Space Agreement Termination”
e) All Advanced Funds Paid For Salon Work Space Will Be Forfeited.
16. _____ (x) SALON AGENT. Independent Contractor is not an agent of Island Salon and shall not have any control or have authority to make any
representation on behalf of Island Salon. Unless, otherwise collaborated in partnership with the Island Salon (AKA) Savannah Davis.
17. _____ (x) DEFAULTS. Contractor shall be in default of this Agreement if Contractor fails to fulfill any Agreement obligation or term by which
Contractor is bound. Subject to any governing provision of law to the contrary, if Contractor fails to cure any financial obligation within seven (7)
days after written notice of such default is provided by Landlord to Contractor; Landlord may elect to cure such default and the cost of such action
shall be added to Contractor's financial obligations under this Agreement. All sums of money or charges required to be paid by Contractor under this
Agreement shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph
are cumulative in nature and are in addition, to any other rights afforded by law.
18. _____ (x) REMODELING OR STRUCTURAL IMPROVEMENTS. Contractor shall not have the obligation to conduct any construction or
remodeling that may be required to use the Premises as specified above. Contractor may not construct such fixtures, clamps, clips, brackets,
stands …etc on the premises (Walls, Stations, Mirrors, Chairs, Floor, and Tables) that appropriately facilitate its use for such purposes.
Such construction shall be undertaken and such fixtures may be erected only by the owner at the owner’s discretion of necessity.
19. _____ (x) RETURNED FUNDS. Contractor shall be charged the maximum amount of $35.00 (Thirty-five Dollars) allowable under applicable
law for each check that is returned to Landlord for any reason. All other salon payments shall be in the form of CASH FROM THEREAFTER.
20. _____ (x) PROPERTY INSURANCE. Landlord and Contractor shall each be responsible to maintain appropriate insurance for their respective
interests (Theft, Damage, Natural Disaster, as well as, Unforeseeable Incidents) in the Premises and property located on the above listed Premises.
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21. _____ (x) POSSESSION. Contractor shall be entitled to salon space on the _____, day of ______________, _____. Contractor shall yield
possession to Landlord on the last day of the term of this Agreement; unless otherwise agreed by both parties with a renewal of Agreement options.
At the expiration of the term, Contractor shall remove his/her goods and effects and peaceably yield up the Premises to Landlord in the same
condition as when delivered to Contractor, ordinary wear and tear excepted.
22. _____ (x) USE OF PREMISES/ABSENCES. Contractor shall occupy and use the Premises as a work unit only. Contractor shall notify Landlord
of any anticipated extended absence from the Premises not later than the first day of the extended absence. In the event of any extended absence;
total payment of booth rental fee must be paid to Landlord to secure work area. Unsecured work area may be lost (re-leased) and/or contract will be
void. A new rental agreement may be re-written with a non-predetermined booth rental fee.
23. _____ (x) PETS. No pets shall be allowed on the Premises. Except for handicap assist animals.
24. _____ (x) UTILITIES AND SERVICES. Landlord shall be responsible for all utilities and services in connection with the Premises.
25. _____ (x) TERMINATION UPON SALE OR RELOCATION OF PREMISES. Notwithstanding any other provision of this Agreement, Landlord
may terminate this Agreement upon a thirty (30) days written notice to Contractor that the Premises have been sold or moved.
26. _____ (x) DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are damaged or destroyed by fire or other casualty to the
extent that the working unit is substantially impaired; Landlord, in its sole discretion may elect to repair the Premises or terminate the Agreement.
Advanced written or verbal notice will be given to Contractor. If the Premises are condemned or cannot be repaired, this Agreement will terminate
and pre-paid funds will be prorated and returned to independent contractor.
27. _____ (x) HABITABILITY. Contractor has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Contractor), and
acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed Agreement
payments are fair and reasonable.
28. _____ (x) HOLDOVER. A new Agreement shall be re-signed on, before or by the expiration date of said Agreement. If Contractor maintains
possession of the Premises for any period after the termination of this Agreement ("Holdover Period"), Contractor shall pay to Landlord Agreement
payment(s) during the Holdover Period at a rate equal to 150% of the most recent rate preceding the Holdover Period. Unless otherwise changed by
owner (Island Salon).
29. _____ (x) CUMULATIVE RIGHTS. The rights of the parties under this Agreement are cumulative, and shall not be construed as exclusive
unless otherwise required by law.
30. _____ (x) ACCESS BY LANDLORD TO PREMISES. Subject to Contractor's consent (which shall not be unreasonably withheld), Landlord shall
have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective workers.
31. _____ (x) DANGEROUS MATERIALS. Contractor shall not keep or have on the Premises any article or thing of a dangerous or flammable
combustions other than occupational supplies. No open flames are allowed or explosive character that might substantially increase the danger of fire
on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is
obtained and proof of adequate insurance protection is provided by Contractor to Landlord.
32. _____ (x) MECHANICS LIENS. Neither, Contractor nor anyone claiming through the Contractor shall have the right to file mechanics liens or
any other kind of lien on the Premises. Further, Contractor agrees to:
a) The filing of this Agreement constitutes notice that such liens are invalid.
b) Give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid
c) Take whatever additional steps that is necessary in order to keep the premises free of all liens resulting from work or services done by
or for the Contractor.
33. _____ (x) SUBORDINATION OF AGREEMENT. This Agreement is the chief, to any verbal agreement that now exists, or may be given later by
Landlord, with respect to the Premises.
34. _____ (x) ASSIGNABILITY/SUBLETTING. Contractor may not Assign or Sub-Agreement any interest in the Premises. No additional
employees, techs or assistants may be hired by any independent contractor working in Island Salon. The Island Salon / AKA S. M. Davis holds sole
control over hiring employees, contractors, cleaning staff…etc.
35. _____ (x) NOTICE. Notices under this Agreement shall not be deemed valid unless given or served in writing and forwarded by mail, postage
prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by
providing notice as set forth below.
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36. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
LANDLORD:
Island Salon
(AKA)Savannah Davis
2626 Chestnut Ridge Rd.
Kingwood, TX 77339
37. _____ (x) GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Texas.
38. _____ (x) ENTIRE AGREEMENT/AMENDMENT. This document contains the entire Agreement of the parties and there are no other promises,
conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be
modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Reasons to Update/Amendment:
� Current Agreement is expiring and property is under new Re-Agreement.
� Major / Un-controllable change in circumstances of Salon Location / Conditions for Landlord which requires changes in
Agreement, mutually agreed upon by both parties.
39. _____ (x) SEVERABILITY. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
40. _____ (x) WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that
party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
41. _____ (x) BINDING EFFECT. The provisions of this Agreement shall be binding upon and insures to the benefit of parties and their respective
legal representatives, successors and assigns.
LANDLORD:
____________________________________________________
Island Salon (AKA) Savannah Davis
INDEPENDENT CONTRACTOR:
___________________________________________________
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CONTRACTOR:
__________________________________
__________________________________
__________________________________
Subscribed and affirmed before me in the county of _________________, State of Texas, this __________ day of ______________, 20______.
Notary
Seal
_______________________________________
(Notary’s Official Signature)
_______________________________________
(Commission Expiration Date)