CONTRACT BETWEEN TRAVEL AGENCY

AND OUTSIDE SALESPERSON/INDEPENDENT CONTRACTOR

AGREEMENT made this ____  day of __________,  2007 between Lisa Coomer, Angie Crawford, Legal Owners, doing business as Road Trip Traveler, LLC, a travel agency, having its principal place of business at 5371 N. Meridian Road, Austin, Indiana, hereinafter referred to as the Travel Agency, and ,  hereinafter referred to as the Independent Contractor.

I.   Term of Agreement

A.              The Travel Agent hereby retains the Independent Contractor to act as an independent outside salesperson and the Independent Contractor agrees to act in such a capacity on behalf of the Travel Agency for a period of 12 (months) from the date of this Agreement.

At the end of that period, the contract shall automatically be extended for an additional 12 months, unless either party serves the other with written notice of his intention not to renew.

B.   Duties of Independent Contractor

            The Independent Contractor is hereby retained by the Travel Agency as a self-employed business person to sell travel and travel services to the public on behalf of the Travel Agency.

C.  Identity of Independent Contractor

Independent Contractor shall not publicly operate under the name of Road Trip Traveler, LLC but shall provide their own d/b/a (doing business as) name for purposes of advertising, marketing, and public identification.  Independent Contractor will be required to operate under the name of Road Trip Traveler for identification purposes when corresponding with travel vendors and booking travel.  

D.  Travel Vendor/Travel Related Registrations

Requests for registration to any travel vendor or travel contact using Road Trip Traveler, LLC’s TRUE ID should be submitted to Road Trip Traveler at supplierreg@roadtriptraveler.com for completion.  Independent Contractor shall not submit the Road Trip Traveler, LLC TRUE ID to any travel vendor without the express written consent of the Travel Agency. 

E.  Payment Processing

            Payment for all travel shall be processed with traveler’s credit card or the credit card of the Independent Contractor.  If Independent Contractor requires a company check or use of the Travel Agency credit card to process payment, four percent (4%) of the total trip cost will be assessed and deducted from the commission paid to the Independent Contractor. 

 II   COMMISSION COMPENSATION

            As compensation for the services rendered by him under this Agreement, the Independent Contractor shall be entitled to commissions on sales as follows:

A.             The Independent Contractor shall be entitled to 80% of the Gross Commissions received by the Travel Agency for sales of travel or services by the Independent Contractor.  All expenses relating to these sales shall be borne by the Independent Contractor.  Payment shall be made to Independent Contractor within six weeks after completion of travel by client unless supplier has not paid the commission to the agency in this length of time.  Otherwise they shall be paid to the agent after clear funds have been received by the agency.

B.              Travel Agent must submit information /documentation to agency for each individual or group booking, so that agency can have required  information about all bookings made.   

Agency is entitled to see what bookings are being made in the name of the agency, so supplier confirmations need to be sent to agency via e-mail to sales@roadtriptraveler.com or via fax: at (888) 600-5774 within seven (7) days of booking.  Agent may also have suppliers fax confirmations directly to them, but agency does not permit the agent to “Change” the fax number that is in the agency profile with suppliers.

AGENCY TO RECEIVE ITS SHARE OF COMMISSION FOR USE of AGENCY’S  TRUE/ IATA/ or CLIA  NUMBER USED for booking travel by independent contractor.

            While the Independent Contractor is free to do business with any other travel agency or customer, the Travel Agency shall receive its share of the commission paid by any supplier as set forth at Subparagraph A (1) above for any sale in which the Independent Contractor uses the Travel Agency’s  TRUE / IATAN/ CLIA    number to process the sale.

ALSO NOTE: If the travel agent pays a net payment to the supplier and pre deducts commission in this process, then the TRAVEL AGENCY IS ENTITLED TO BE PAID THEIR SHARE OF COMMISSION BY THE AGENT WHO HAS PRE-DEDUCTED THE COMPLETE COMMISSION

B.  Exclusion of Commission for Road Trip Traveler, LLC Special Event Sales

Road Trip Traveler, LLC will not provide commission compensation to the Independent Contractor for the sale of any special event hosted by the Travel Agency.   Road Trip Traveler, LLC will offer advice to the Independent Contractor in coordinating special events if such events are not in conflict or in direct competition with the interest of Road Trip Traveler, LLC. 

C.  Method of Payment

Independent Contractor shall, within 7 days of the end of each month, provide Agency with a statement  of all commissions earned  during the previous month as  outlined above, accompanied by request for payment for Independent Contractor’s share of those commissions earned.

Travel Agency shall report net earnings to the IRS (1099 form) for the Independent Contractor and pay net to Independent Contractor.

III.   Non-compete

Independent Contractor agrees that knowledge gained from the training and advice of Road Trip Traveler, LLC will not be used to execute any special event which would directly compete with the Travel Agency’s current interests or any interest developed prior to execution by the Independent Contractor for a period of five (5) years from the date of this Agreement.  Independent Contractor agrees to notify Road Trip Traveler, LLC of any special event coordination prior to execution and upon notification, Road Trip Traveler, LLC will be precluded from executing any similar event which would directly compete with the Independent Contractor. 

IV.  Independent Contractor to Provide Own Business Supplies and Be Responsible For Own Expenses

Independent Contractor shall provide his own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his duties under this Agreement.

V.   Place of Work

            The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of the Travel Agency, and is not required to answer the phones, or perform any other duties at the Travel Agency’s offices.

VI.  Hours

Independent Contractor may work whatever hours he/she wishes.  No fixed hours required by the Travel Agency.  The Independent Contractor shall not be required to attend office meetings or office training sessions.

VII.   Risk of Loss/Profit Potential

            Independent Contractor assumes the risk of incurring a loss if his/her share of sales commissions does not cover the Independent Contractor’s expenses.  Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.

 VIII. No Entitlement to Vacation or Other Benefits As Independent Contractor

            As a self-employed individual, the Independent Contractor shall not receive or earn any vacation or sick pay from the Travel Agency and is not covered under the agency’s medical or dental plan.

IX.  Ability to Hire Assistants

            Independent Contractor retains the right to employ whatever assistants or bring in whatever partners he/she may require at Independent Contractor’s expense in order to accomplish the goal of travel sales contemplated by this Agreement.  These assistants may not, however, negotiate with travel suppliers on behalf of Road Trip Traveler, LLC unless they are also contracted with agency.

X.  Independent Contractor Shall Be Responsible For Filing of Federal, State, and Local  Estimated Payments On Commissions Received From Travel Agency, and for Other  Assessments

            Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker’s compensation and obtaining any required state or local licenses or registration as a self-employed seller of travel/independent contractor outside salesperson.

            Independent Contractor agrees to indemnify and hold Travel Agent harmless for any assessments against Travel Agent because of any failure by Independent Contractor to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker’s compensation.

XI.  Ownership of Customers

            The parties acknowledge that all customers of the independent contractor are and shall remain the property of the independent contractor.  If the independent contractor shall cease to be associated with the travel agency for any reason, all customers of the independent contractor shall be free to continue doing business with the independent contractor independently, or through any travel agency including this agency.

XII.  Termination of Agreement

EVENTS CAUSING TERMINATION

            This Agreement is terminable prior to its expiration at the will of either party.

EFFECT OF TERMINATION ON COMPENSATION

            In the event of the termination of this Agreement prior to the completion of its term specified herein, the Independent Contractor shall be entitled to the compensation earned by him/her prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date.

XIII.  Remedies

            Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of  Scott County, Indiana.

ATTORNEY’S FEES AND COSTS

            If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which he may be entitled.

XIV.  General Provisions

PARTIAL VALIDITY

            If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

LAW GOVERNING AGREEMENT

This Agreement shall be governed by and in accordance with the laws of Indiana.

COMPLETE AGREEMENT; MODIFICATION OR WAIVER

            This agreement represents the complete understanding of the parties with respect to the described outside sales relationship.  It is not to be amended after the date hereof except by an instrument in writing signed by the parties.  No amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom the amendment, modification, termination or waiver is sought to be enforced.  No waiver of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, not shall any waiver constitute a continuing waiver.

            Executed on the month, day, and year first above written.

By:       ____________________________________ Agency Name

By:       _________________________________________ Officer of Agency

By:       ____________________________________ Independent Contractor 

SS#      ____________________________________

ROAD TRIP TRAVELER, LLC. STRONGLY SUGGESTS THAT THE INDEPENDENT CONTRACTOR PURCHASE AN ERRORS & OMMISSIONS INSURANCE POLICY IN THE d/b/a NAME OF THE INDEPENDENT CONTRACTOR (at the sole expense of the Independent Contractor.)  See https://www.berkely.com/risk_management/eo.jsp for an explanation of E & O Insurance.