TERMS AND CONDITIONS
This Attack! Marketing & Promotions Agreement (“Agreement”) is between you, as an independent contractor, and Attack! Marketing LLC (“ATTACK!”). This Agreement is valid and will remain in effect for event(s) you service for Attack!’s client(s) listed in the Attachment to this Agreement. You warrant that you are over the age of eighteen (18) and competent to contract in your own name for purposes of this Agreement.
You understand that you are an independent contractor and not an employee of ATTACK! and that you will have the exclusive control over the means, method and details of fulfilling your obligation. You agree to assume all responsibility for withholding applicable federal, social security, state, city taxes and for procuring public liability. ATTACK! will not be responsible for providing you any form of insurance.
ATTACK! assumes no responsibility for any medical expenses or other loss to person or property during, before or after the contract period.
In performing services for ATTACK!, you are a representative of ATTACK! and the clients ATTACK! serves. You agree to maintain the highest standards of professional conduct while performing services for ATTACK!. If for any reason, you are going to be late to any scheduled event or otherwise unavailable for any event you are scheduled to attend, you agree to give ATTACK! forty-eight (48) hours prior notice via phone.
We take our job very seriously and need you to do the same. Punctuality, professionalism and attendance are extremely important at every event. Please keep in mind that if you sign up for the event in the Attachment and drop out without a 48 hour verbal notice speaking with the Staffing Coordinator who booked you or no-show you may be charged a $50 cancellation fee. If you are unable to show up for an event, we need to know so we can otherwise service the client. If your inability to do so is due to an emergency, we'll be understanding.
Payment USUALLY takes between 6-8 weeks, depending upon when ATTACK! is paid by its clients. You will not be entitled to receive payment unless and until ATTACK! is first paid in full by the client to whom the services are being performed. After ATTACK! has received paid invoices from the client, it is expected that any payment due to you for such services will be processed within 3 business days. If 6 weeks have passed after the end of a project you worked on, you may get in touch with us through our pay inquiry form at http://www.attackmarketing.net/support - due to the number of events we have running, we’re sorry but we’re unable to give you information regarding when your payment will be processed prior to 4 weeks after the end of a project. If a check was mailed to the correct address or the address that you provided, and needs to be re-issued because of the Post Office’s failure to deliver it in a timely fashion, then a $25 stop-payment fee will be deducted from the new check. If it was mailed to the wrong address, due to ATTACK!’s error, then the $25 fee will be covered by us.
After your event has wrapped, you will be sent a "Confirmation Email", that will allow you to review time and expenses before your invoice is authorized and sent in. You are responsible for reporting any discrepancies in your time and expenses back to Attack! within 48 hours. By not responding, you are confirming that your event hours, and any other reimbursements recorded, are correct. Any discrepancies reported after these 48 hour periods are not guaranteed to be resolved.
If you have worked with us before, please double check that we have the correct address for you in order to avoid late payment and lost checks. To confirm that we have your correct address on file, please log in to your personal profile here http://www.attackmarketing.net/amdt/ and make sure the address is up-to-date and accurate. In case you forgot your password, please click on the /Forgot My Password/ link to have it sent to you. Please also take this time to update any other personal information/photos within your profile. PLEASE NOTE if your address is incorrect in your personal profile, it is VERY IMPORTANT that you also go to http://attackmarketing.net/support/change_address.php and fill out the "Change of Address" form to ensure that your check is delivered to the correct address.
For reasons of training, interviews, or questions we may provide your name and contact information (including, without limitation, your phone number and email address) to our clients. Other than for the reasons stated above, we will not share your personal information with our clients and our clients are prohibited from contacting you directly without the consent of ATTACK!.
If you are approached by a client of ATTACK!, whom you had no previous working relationship with, and asked or offered a job, you are required to instruct said client to contact ATTACK! in order to work on said job. In the event you provide services to said ATTACK! client without notification, (and for two years after termination of this Agreement) you agree to pay ATTACK! a fee equal to 25% of any compensation paid to you by such ATTACK! client or partner. This provision shall survive termination of this Agreement.
Note: This provision does not apply if you had a working relationship with such ATTACK! client or partner prior to being introduced by ATTACK!. This provision only applies if your introduction to such ATTACK! client or partner was by ATTACK!, directly or indirectly.
For and in consideration of this engagement as an independent contractor for ATTACK!, you hereby release, discharge, and agree to hold harmless ATTACK! and its representatives, assigns, employees or any person or persons, corporation or corporations, acting under ATTACK! permission or authority, or any person, persons, corporation or corporations for whom ATTACK! might be acting including any firm or client of ATTACK!, from and against any liability as a result of any physical impairment or loss during the contractual period.
You agree to indemnify and hold ATTACK!, its officers, agents and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses (including attorney’s fees), whether relating to property of ATTACK! or of any third party, or to personal injury or death, arising out of or in any way contributed to by the acts or failure to act of you, your agents, employees, or officers. This provision shall survive termination of this Agreement.
If during your performance of services under this Agreement for ATTACK!< you are contacted by a third-party with an interest in retaining your or ATTACK!’s services, you agree to immediately refer such third party directly to ATTACK!; provided that to the extent you had a previous relationship with such third party and you have documentation confirming your prior relationship, the obligations in this paragraph will not apply.
This Agreement is entered into in the State of California and will be governed by construed, litigated, and enforced in and according to the laws of the State of California.
Due to the nature of Attack!’s business, you may be removed from an event by either Attack! Or Attack!’s client at any time for any reason without prior notice. If that occurs, you will be paid for your services rendered to the client as of the date of removal provided monies are received for those services. Should you fail to perform your responsibilities in this Agreement and Attachment, Attack! will remedy the situation at your cost.
You are to return all property of Attack! and its clients, including Attack!’s Training Manual, to Attack! upon completion of your event(s).
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