This Independent Contractor Agreement is entered into on the date below, by and between, the undersigned individual (the “Instructor”), and Wiki Wiki Swim School LLC (“Wiki Wiki Swim School"). The Instructor hereby agrees to work as an independent contractor for Wiki Wiki Swim School on an "as needed" basis. Independent contractors are not entitled to workers' compensation, benefits, or vacation pay.
In consideration of the mutual terms, conditions and covenants hereinafter set forth, the parties acknowledge and agree as follows:
1. Independent Contractor. The Instructor will be working for Wiki Wiki Swim School as an independent contractor, not as an employee. As such, Wiki Wiki Swim School will not withhold any taxes from the checks it issues to the Instructor. If the Instructor earns more than $600.00 in one year, he or she will receive a 1099 Form. The Instructor will be responsible for paying his or her own taxes on all monies earned.
2. Booking. When a client inquires with Wiki Wiki Swim School about purchasing lessons, Wiki Wiki Swim School emails the lesson opportunity to the instructors in the greater metro area where the lessons are to take place. Instructors who are available at the time and location requested by the client must reply to the email stating their availability. Lessons are booked based upon a number of factors including, but not limited to, the following: response time, experience, availability, proximity to lesson location, and client reviews. The instructor selected is then given the client’s contact information and is responsible for scheduling the lesson dates and times with the client. The instructor will then submit the agreed upon schedule to Wiki Wiki Swim School via email. Wiki Wiki Swim School makes no guarantee that the Instructor who signs this contract will actually be booked to teach lessons.
3. Scheduling. The Instructor is responsible for booking lesson dates and times with the client. Wiki Wiki Swim School will not remind the Instructor of when he or she is scheduled to teach. Missing a lesson and excessive tardiness are grounds for termination of this contract.
4. Timeliness. Instructors are to arrive to the lesson location at least 5 minutes prior to the scheduled lesson time. If client cancels their lesson package due to the instructor’s frequent tardiness the instructor will receive a 50% pay fine and will be removed from Wiki Wiki Swim School's contractor list. Instructors are to allow enough travel time to account for traffic and unforeseen delays. Instructors shall call to notify the client if running late.
5. Client Reschedules and Cancellations. If a client wants to cancel or reschedule a lesson, Instructors are to direct the client to Wiki Wiki Swim School to make those arrangements. If a client wants to cancel due to weather conditions, they must provide notice to Wiki Wiki Swim School one hour prior to the lesson time. Clients may cancel the lesson due to weather if it is cold and rainy, or if there is thunder and lightning, but not because of light summer rain or weather that is too hot.
6. Instructor Reschedules. Instructors are not allowed to cancel a lesson for any reason other than an emergency or unexpected illness. If an instructor is unable to teach a lesson due to an emergency or unexpected illness, they must notify Wiki Wiki Swim School via email as soon as possible. If an instructor is unable to teach due to a planned vacation or trip, the Instructor must notify Wiki Wiki Swim School at least 2 weeks prior so that Wiki Wiki Swim School can arrange a substitute, or for the lessons to continue after the Instructor’s return. If Instructor is unable to complete a lesson package without a valid reason and proper documentation, or if a client requests that Wiki Wiki Swim School switches instructors due to the Instructor’s inexcusable cancellations or reschedules, the Instructor will be assessed a 50% pay fine, and will be removed from Wiki Wiki Swim School's contractor list.
7. Rate of Pay. The rate of pay for the Independent contractor is as follows:
$22/Per 30 Minute Lesson
$24/Per 45 Minute Lesson
$26/Per 60 Minute Lesson
8. Time Keeping and Payment. The Instructor is responsible for keeping records of his or her hours worked on the timesheet provided by Wiki Wiki Swim School. Timesheets are to be filled out electronically using the following links;
Swim Instructor timesheet: http://www.wikiwikiswimschool.com/timesheet/
All timesheet/payment questions should be emailed to email@example.com. The Instructor will submit his or her timesheet every 2 weeks on the 1st and 15th of the month with lesson time COMPLETED during that pay period. After receiving an accurate timesheet, Wiki Wiki Swim School will process the timesheet for payment by the 5th or 20th of the month. The method of payment is PayPal deposit, which takes 2-4 business days.
9. Service and Teaching Material Requirements. The Instructor is responsible for providing his or her own equipment. Required equipment includes: noodle, kick board, squirt fish, and rings. The Instructor shall not use any flotation devices such as armbands, life vests, or float swim suits during the lesson as they are not conducive to learning to swim.
Instructor will not discuss Wiki Wiki Swim School financial information, including, within limitation, rates and fees paid to Instructor, within clients, students or other Wiki Wiki Swim School Instructors.
10. Dress Code. The Instructor is responsible for arriving at swim lessons dressed functionally and appropriately. Excessive tattoos are to be covered as much as possible and body/facial piercings are to be concealed or removed. Female instructors are to wear a one-piece swimsuit or two-piece with a rash guard on top. Male instructors are to wear a rash guard with swim trunks.
11. Teaching Methods. Although Wiki Wiki Swim School does not control the manner and methods used by Instructor, it does require that all instructors follow a positive, student-centered approach to teaching, which means that aggressive and/or negative methods are not tolerated. Inappropriate behavior of any sort will not be tolerated.
12. Insurance. Instructor will be covered by a $1,000,000 liability policy only while performing duties on behalf of Wiki Wiki Swim School.
13. Drug and Alcohol Policy. Wiki Wiki Swim School absolutely prohibits the illegal use, possession, sale, manufacture or distribution of drugs or alcohol while on any of our clients premises and/or conducting business for Wiki Wiki Swim School. Any misuse of substances by Contractor that presents physical or psychological hazard to individuals is also prohibited.
14. Sexual Abuse and Harassment. Wiki Wiki Swim School prohibits sexual abuse and harassment of any kind. Any one determined to have engaged in abusive or harassing conduct will be immediately terminated and reported to the authorities.
15. Parental Supervision. Instructor understands that under no circumstances will they conduct or continue a swim lesson session if the parent or guardian is not present at the pool location for all students who are minors.
16. Competing Activities. Entering into this agreement does not restrict the Instructor’s right to engage in other business activities, including those that would directly compete with Wiki Wiki Swim School. However, the Instructor hereby agrees not to solicit Wiki Wiki Swim School employees, independent contractors, or clients on his or her own behalf or on behalf of another individual or entity. If the instructor is solicited at a lesson provided to them by Wiki Wiki Swim School, they must refer that client to Wiki Wiki Swim School, by emailing firstname.lastname@example.org. If the instructor is found to have taken a client without referring the client to Wiki Wiki Swim School, the instructor will be immediately terminated. If the Instructor is hired to teach swimming lessons outside of Wiki Wiki Swim School, he or she will not utilize Wiki Wiki Swim School's intellectual property. Such employment would be entirely outside of the scope of this agreement and would not be covered under Wiki Wiki Swim School's insurance policy.
17. Liquidated Damages. Due to the difficulty of determining the true damages associated with the loss of clients, personnel, or intellectual property resulting from an improper solicitation or misappropriation, the Instructor hereby agrees to liquidated damages in the amount of $5,000 for each such instance.
18. Termination. Any violation of this Agreement is grounds for its termination. If this agreement is terminated, the Instructor will be entitled to payment for all classes completed at the time of termination. Upon termination, the Instructor will be ineligible to work for Wiki Wiki Swim School in the future.
19. Indemnification. The Instructor agrees to defend, indemnify, hold harmless, and insure Wiki Wiki Swim School from any and all damages expenses or liability resulting from or arising out of, his or her negligence or misconduct, or from any breach or default of this Agreement which is caused or occasioned by his or her acts.
20. Jurisdiction and Venue. This Agreement is to be construed pursuant to Laws of the State of Hawaii. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of Honolulu, County of Honolulu.
21. Severability. If any provision of the Agreement is held to be void, voidable, unlawful or unenforceable, the remaining portions of the Agreement shall remain in full force and effect.