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This Independent Contractor Agreement is between Michael Sales (the Creator) and Ese Tuggen (the Contractor) for the creation of a digital comic book cover, commencing on June 15, 2023. The Contractor is recognized as an independent contractor, responsible for their own taxes and liabilities, and will receive a total fee of $1,200 for the work, payable in two installments. The Agreement includes terms on ownership of the work product, dispute resolution through arbitration, and is governed by the laws of North Carolina.
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0% found this document useful (0 votes)
8 views

Random be go

This Independent Contractor Agreement is between Michael Sales (the Creator) and Ese Tuggen (the Contractor) for the creation of a digital comic book cover, commencing on June 15, 2023. The Contractor is recognized as an independent contractor, responsible for their own taxes and liabilities, and will receive a total fee of $1,200 for the work, payable in two installments. The Agreement includes terms on ownership of the work product, dispute resolution through arbitration, and is governed by the laws of North Carolina.
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INDEPENDENT CONTRACTOR AGREEMENT

THIS AGREEMENT is made and executed this _____ day of ___________, 2023, by and between Michael Sales (hereinafter referred to as the “Creator”),
and Ese Tuggen (hereinafter referred to as the “Contractor”). It is hereby agreed between Creator and Artist as follows:

1. Acknowledgment of Independent Contractor Status. It is expressly agreed and understood that Artist is an independent contractor for all purposes,
including federal and state statutes, and that Artist shall not be deemed or construed as being an employee of Author. By executing this Agreement, Contractor
expressly acknowledges that he/she is not entitled to any of the usual and customary benefits, terms, or conditions of employment enjoyed by employees of
Creator.

2. Term of Agreement. The term of this Agreement shall commence on June15, 2023 and shall end upon Artist’s completion of his/her duties hereunder,
whichever occurs last (“Term”).

3. Scope of The Work To Be Performed. During the Term described above, Contractor will create an inked and colored digital comic book cover that is
suitable for print or digital use. Creator must sign off on the cover at all three of the following stages before payment is rendered: 1.) pencil 2.) ink 3.) colors.
Other than as expressly set forth herein, Contractor may exercise his/her own independent means and discretion to perform the Services. Contractor agrees to
comply with all applicable laws and regulations of the United States and the jurisdiction where Services are to be rendered in the performance of his/her
Services and responsibilities.

4. Liability for Injury or Damage. Contractor is solely responsible and agrees to defend, indemnify and hold harmless Creator and its parent(s),
affiliate(s) and subsidiary(ies) and their respective shareholders, officers, directors, agents, employees, licensees, trustees, receivers, successors and assigns
from and against any and all claims, damages, liabilities, suits, actions, judgments, costs and expenses, including without limitation reasonable attorneys’ fees,
arising out of or in any way connected with: (1) the performance of Services pursuant to this Agreement; (2) any acts (including, without limitation, negligent
or unintentional acts) or failures to act while in performance of this Agreement; or (3) any breach or default under this Agreement, by Artist and any
subcontractor(s), and the respective agents and employees of each of the foregoing. For clarification, without limitation, Contractor shall be solely
responsible and liable for any personal or property damage or injury, whether suffered by Contractor, Creator, or any third party, resulting from or
associated in any way with Contractor’s (and any subcontractor(s)) performance of Services hereunder.

5. Terms of Payment. In consideration for the satisfactory performance of the Services by Contractor, Creator agrees to pay Contractor an all in fee in the
amount of One Thousand Two Hundred Dollars ($1,200.00 USD) (the “Fee”). The Fee shall be payable as follows: (a) Creator shall pay Contractor the initial
amount of Six Hundred Dollars ($600.00 USD) net thirty (30) days upon Creator’s receipt of a signed copy of this Agreement; (b) Creator shall pay Contractor
the balance of Six Hundred Dollars ($600.00 USD) upon Contractor’s completion of the Services, Contractor’s delivery of the Work Product (hereinafter
defined) to Creator, and Creator’s acceptance of the Work Product. It is further expressly understood and agreed that Creator shall not withhold from
Contractor’s payments under this Agreement, any amounts for federal income taxes, FICA, or any other state or federal taxes, and that Contractor shall be
solely responsible for paying his/her own self-employment taxes or any other federal or state taxes on any installment payments provided to him/her by Creator
pursuant to this Agreement..

6. Ownership. Contractor acknowledges that the Work Product (hereinafter defined) is specially commissioned works and the Services provided hereunder
are done on a work-for-hire basis and Creator and its affiliated companies shall have full and exclusive ownership of and all rights, title, and interest (including
without limitation all copyright, moral rights, and other proprietary rights of any kind) in perpetuity in any works created hereunder by Contractor (collectively
the “Work Product”), either individually or working with others. To the extent that any of the foregoing rights do not automatically vest in Creator, Contractor
hereby transfers and assigns to Creator any and all such rights, including copyright and renewal rights. Creator may use, and allow others to use, the Work
Product, in whole or in part, in any manner, form, format, and/or media now known or hereafter created and for any purpose (including, without limitation,
commercial or promotional), in Creator’s sole discretion. Contractor hereby represents and warrants that the Work Product shall be original, and shall not
contain matter which is libelous, obscene or infringing of any rights of any third party, or otherwise unlawful. Contractor will promptly and fully disclose to
the Creator all such Work Product and information pertaining to the Work Product, and provide the Creator all necessary assistance in securing and
maintaining rights in the Work Product (including, without limitation, executing documents and appearing and testifying in any proceedings). Contractor
releases and discharges Creator and any person or entity associated with the Creator from any and all claims whatsoever in connection with any use of the
Work Product (including without limitation defamation, rights of privacy or publicity, confidentiality, moral rights, trademark or copyright, unjust enrichment
and/or equitable remedies). Contractor shall not sell, transfer, license, share, provide or otherwise disclose to anyone other than the Creator any Work Product
or any copies or excerpts thereof, without the prior written permission of the Creator. This paragraph shall survive termination or expiration of this
Agreement.

7. Dispute Resolution. Any legal claim, dispute or controversy between the Creator and Contractor, past, present, or future, whether or not arising from the
engagement of Contractor or the termination of the engagement of Contractor that the Creator may have against Contractor or Contractor may have against the
Creator must be resolved by confidential binding arbitration as the sole remedy. Any claim, dispute or controversy that Contractor or the Creator wishes to
pursue must be brought within the time period provided by the statute for initiating such claims in a court of law, or with the appropriate regulatory agency. In
the event the Creator has a dispute with Contractor, the Creator shall initiate the dispute resolution process by submitting a written claim statement form
describing the nature of the dispute to the contractor at the Contractor’s last known address. Arbitration will be initiated and conducted pursuant to American
Arbitration Association (AAA) rules. All decisions of the arbitrator are final and binding upon both the Creator and Contractor. Final resolution of any dispute
through arbitration may include any remedy or relief which the Arbitrator deems just and equitable, including any and all remedies provided by applicable state
or federal statutes. At the conclusion of the arbitration, the Arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon
which the Arbitrator’s award or decision is based. Unless otherwise required by law, the mediator’s fees and expenses, the costs of the hearing facilities, plus
any costs owed to the AAA or the arbitrator shall be shared equally by both the Contractor and the Creator (unless waived by the AAA upon a showing of
hardship). The Contractor’s amount due shall be paid by the Contractor to the Creator prior to the date the total fee is due to AAA. Neither party shall be
required to pay the other party’s legal expenses should they desire representation during mediation or arbitration however the arbitrator, as part of a final
decision, is empowered to award any relief, including the payment of attorneys’ fees, only to the extent such relief would be permitted under applicable state or
federal law.

8. Assignment. Neither this Agreement nor the obligations and/or duties contained herein may be assigned by Contractor without the prior written consent
of Creator.
9. Severability. The invalidity of one or more of the provisions of this Agreement, or any part of this Agreement, shall not affect the validity of any other
portions of this Agreement. In the event that any provision(s) of this Agreement are deemed to be invalid by a court of competent jurisdiction, this Agreement
shall be construed as if such invalid provision(s) had not been inserted.

10. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.
The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of North Carolina. In the event of litigation
regarding this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees and costs.

11. Entire Agreement. This Agreement embodies the entire agreement of the parties hereto relating to performance of obligations and Services by and
between Contractor and Creator. Each party to this Agreement expressly recognizes that this Agreement results from a negotiation process in which each party
has had the opportunity to be represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against
the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to this Agreement, and each party
expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. In the event
any one or more of the provisions in this Agreement is held invalid, illegal, or unenforceable, such invalidity or illegality shall not affect any other portion of
the Agreement. This Agreement shall not be binding on the Creator unless and until executed by an officer of Creator or such officer’s designee. This
Agreement cannot be modified, except in writing signed by both parties.

[Signatures on following page]

IN WITNESSETH HEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written.

ESE TUGGEN

___________

Signature

Print Name

____________________
Date

____________________
Title
MICHAEL SALES

___________

Signature

Print Name

____________________
Date

____________________
Title

of

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