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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91331
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What does this mean in laymen terms?

Resolved Question:

What does this mean in laymen terms? Permission to Use Likeness. Contractor authorizes and consents to the his or her use, copy and/or reproduction of Contractor’s likeness, including but not limited to photograph, picture, video, resume, pictorial, or any other likeness definition as found in Florida Statute §540.08 and throughout Florida law as well as similar laws and statutes of other States and Territories of the United States of America that this contract may be performed, executed, construed, and/or enforced. Adelante shall not be liable for or subject to any claim, demand, injury or damages, whatsoever, including without limitation, those damages from acts of passive or active use or negligent use of Contractor’s likeness on the part of Adelante, its officers, employees, or agents. Contractor does hereby expressly forever release and discharge Adelante from all such claims, demands, injuries, damages, actions or causes of actions. Contractor acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver and release of liability.

Miscellaneous Provisions.  This Agreement contains the entire understanding between the parties with respect to those matters set forth herein. This Agreement supersedes any prior or contemporaneous discussions, representations, or agreements relating to the subject matter hereof, whether oral, written, express, or implied.  This Agreement may not be amended, modified, or otherwise changed except by a writing signed by both parties.  Any failure to insist upon or enforce compliance with any provision of this Agreement shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. This Agreement shall not be construed more strictly against Adelante simply because it was the party responsible for its preparation. The construction and enforcement hereof shall be governed by Florida law without regard to its conflicts of laws principles. Disputes arising hereunder shall be resolved in the courts of competent jurisdiction located in Tampa, Florida
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
It means they can print up your picture or a drawing representing you and use it in their advertising or for whatever purposes they need to use your image for in commerce. It is a consent to use your image for their business reasons.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 3 years ago.
Okay, what about the second paragraph
Expert:  Law Educator, Esq. replied 3 years ago.
It means there are no other agreements other than what is written in the contract and no oral agreements. It also means that if there are any disputes they will be handled under FL law.
Customer: replied 3 years ago.
Okay thank you!!

Would you be interested in translating more?
Expert:  Law Educator, Esq. replied 3 years ago.
Sure whatever help you need. But that is a new issue and question. We can continue here but realize they have to be paid separately.
Customer: replied 3 years ago.
INDEPENDENT CONTRACTOR SERVICES AGREEMENT



This INDEPENDENT CONTRACTOR SERVICES AGREEMENT: (this "Agreement") is entered effective between Adelante Live Inc. ("Adelante"), and the undersigned independent contractor ("Contractor"). Adelante provides a staffing service for companies in which Adelante provides staffing, supervisory and management personnel services at promotions and events sponsored and hosted by various companies (each, the "Company") Contractor desires to obtain business from Adelante and Adelante desires to engage Contractor, subject to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual representations, covenants and promises contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Adelante and Contractor hereby agree as follows:



1. Services. Adelante will provide Contractor location of event or promotion as well as details of the specific event or promotion. Contractor shall furnish all wardrobe, necessary grooming, and makeup, specified or required by Company or Adelante pursuant to a specific event or job, necessary to complete the work. Contractor shall also furnish Adelante a working cell phone number as well as email address so Adelante can communicate with Contractor as is required for various jobs. Either Adelante or the Company will provide the materials (other than incidental materials) needed to perform the work, but it shall be the responsibility of Contractor to advise Adelante and/or the Company (as may be directed by Adelante) of any materials that may be needed to complete the work. Contractor shall ensure that the materials provided to Contractor are accurate as Contractor shall be bound by the records of Adelante or the Company for the materials provided to the Contractor and Contractor shall be responsible for the value of any missing, lost, or damaged materials. The value of any such materials may be deducted from any amounts due to the Contractor pursuant to this Agreement, regardless of whether this Agreement is still in effect. Contractor shall return to Adelante and/or the Company any materials that are not utilized in performing the work in the same condition as when the materials were delivered to Contractor. The work of Contractor pursuant to this Agreement does not involve construction or any similar service.



2. Work Assignments. Contractor shall not be guaranteed any work assignments. Adelante may decide to engage and provide work to Contractor at any time or from time to time at Adelante's sole and absolute discretion. To the extent that Adelante decides to utilize the services of Contractor, Adelante shall (directly or through the Company, at Adelante's option) provide to Contractor an event default and confirmation describing the location, providing other relevant contact information, and describing the type of work to be performed. Contractor may decline any work assignments and is not required to maintain a set schedule. Once Contractor has accepted one or more assignments, including a day's worth of assignments, Contractor shall timely complete said assignments pursuant to the terms and conditions of this Agreement and may not thereafter refuse to fully complete the accepted assignments. If Contractor does not give Adelante at least forty-eight (48) hour notice of cancellation prior to the accepted assignment, Contractor shall pay Adelante ($50.00) as mitigated damages in each instance.



3. Performance. Contractor shall perform the work in a timely, competent, professional, and workmanlike manner. Contractor shall complete all work during specified hours given by Adelante or Company. Contractor shall comply with all specifications of Adelante and the Company regarding the work. Contractor shall keep the area in which the work is being performed clean and shall upon completion of the work return the work area to the condition it was in prior to commencement of the work, including the removal of any debris and excess materials. The manner and means of performance of the work, including technique, sequence, procedures, selection and assignment of others shall be subject to Contractor's exclusive discretion, supervision, and control.



4. Qualifications. Contractor represents, warrants, and covenants that: a) Contractor has the experience, expertise, resources, intent, and ability to fully and properly perform Contractor's obligations hereunder; b) Contractor will use Contractor's best efforts to fully and properly perform all of Contractor's obligations hereunder; and c) Contractor is familiar with the applicable specifications and industry standards for said services.





5. On-the-Job Behavior. Contractor shall present themselves in a clean and well-presented manner and shall comport themselves in a professional manner and shall not harass or otherwise act disrespectfully XXXXX XXXXX person while engaged in any work.



6. Payment. Contractor agrees to not receive payment until the specified assignment has been completed. Adelante will pay Contractor for completed work in accordance with the pay schedule applicable to the work completed which is in effect at the time that the work is completed by the Contractor. The pay schedule may be changed from time to time by Adelante, in its discretion. Adelante will pay Contractor five (5) days after receiving payment from Company, or according to such other payment schedule as Adelante may adopt from time to time. The payments due under this section are subject to any setoff provisions and retainer set forth elsewhere in this Agreement. Contractor will comply with all of Adelante's policies and procedures regarding the reporting of completed work and will complete all forms or other documents relating to the work completed. Contractor shall be entitled to no payments, compensation, or other amounts from Adelante other than as specifically set forth in this section. Contractor understands that payment is contingent upon fulfilling the Clients' requirements and representing Adelante appropriately. Timesheets (if applicable) must be mailed in promptly in order for Clients to be invoiced. Payment from client varies from four to six weeks but sometimes takes longer or shorter than expected due to the nature of the business. Contractor shall not contact Clients directly regarding payment.



7. Term. The term of this Agreement shall commence on the date it has been executed by both Contractor and Adelante and, unless otherwise terminated pursuant to this section, shall terminate upon the first anniversary thereof. Unless terminated pursuant to this section, this Agreement shall automatically renew for successive one-year periods without action by the parties. This Agreement may be terminated by either party, with or without cause, upon thirty days notice to the other party. Termination of this Agreement shall not affect any ongoing obligations pursuant to this Agreement, including the obligation to remedy work pursuant to the Warranty.



8. Independent Contractor/No Agency. Contractor shall perform the work as an independent contractor of Adelante, and this Agreement shall not be construed to create a partnership, joint venture or employment relationship between Contractor and Adelante. Contractor shall retain control over the manner in which it performs the work and shall not be entitled to workers compensation, unemployment, retirement, insurance or other fringe benefits that may upon occasion be afforded to employees of Adelante. Adelante shall withhold no taxes from Contractor's pay. Contractor shall be fully responsible for the payment of all federal, state, and local income taxes, unemployment taxes, and other taxes arising in connection with Contractor's performance and receipt of payments hereunder, and shall indemnify, defend, and hold harmless Adelante with respect thereto. Contractor shall have no authority to enter into any agreements binding upon the Company, or to create any other obligations on the part of Adelante, and further agrees that Contractor is in no way Adelante's agent.



9. Compliance with Laws. Contractor shall: a) comply with all applicable federal, state and local laws, ordinances, regulations and orders with respect to its performance hereunder. Contractor shall provide Adelante with such documents and other supporting materials as Adelante may reasonably request to evidence Contractor's continuing compliance with this section and Contractor's entitlement to work in the U.S.



10. Indemnification / Release. All work performed by the Contractor pursuant to this Agreement, including preparing to perform the work, shall be at the sole risk of Contractor. For and in consideration of the lesser of: a) the first $10.00 paid to Contractor as part of each payment, or b) the entire payment paid to Contractor, the parties agree that the Contractor shall indemnify, defend, and hold harmless Adelante against any and all liability, losses, reasonable attorneys' fees, costs, expenses, claims, judgments, or demands, including demands arising from injuries or death of persons (Contractor and Contractor's employees included) and damage to property, arising directly or indirectly out of any act or omission of Contractor, including without limitation: (a) the obligations herein undertaken or out of the operations conducted by Contractor or (b) the Contractor's use or misuse, if applicable, of any equipment provided by Adelante (as defined below). Adelante may, from time to time, as a convenience, allow Contractor to utilize equipment owned by Adelante. In the event that Contractor utilizes equipment provided by Adelante, Contractor acknowledges that it is using this equipment at its own risk. Contractor acknowledges that it is qualified to inspect the equipment and agrees to fully and completely inspect the equipment prior to use so that it has as much, if not more knowledge as Adelante about the condition of the equipment prior to use. Contractor releases Adelante from any liability, loss, damage, obligation, fees, or expenses, including, without limitation, those arising out of property damage or personal injuries to Contractor that arise out of, or is in any way connected with, Contractor's use of the equipment provided by Adelante. Adelante's provision of equipment shall be at Adelante's sole discretion and does not, in any way, modify the requirement that Contractor provide its own equipment.



11. Adelante's Clients, Customers, and Accounts. Adelante retains all rights relative to its clients, customers, and accounts. Contractor acknowledges that Contractor has no vested right in any Adelante sales, revenues, programs, territories, or clients and customers other than the compensation specified in this Agreement. Contractor acknowledges and agrees that Adelante is entitled to invoice the Company and/or any other party for the work performed by Contractor and is further entitled to receive all monies due from the Company and/or any other party for the work performed by Contractor. Contractor agrees not to contact, invoice, receive, or otherwise seek to collect monies from the Company or any other person (including the Company's customers) for the work. Contractor agrees not to contact or communicate with any agent, servant, employee, partner, director, shareholder, proprietor, consultant, owner, or officer of the Company as well as with any other Contractor associated or not associated with Adelante for the purposes of competing and/or booking, securing, or benefiting in any sort or fashion other events or jobs that would directly compete or deprive Adelante of future business or revenue. In consideration for Adelante's time and effort in obtaining assignments for Contractor, Contractor also agrees that for a two (2) year period following the staffing of an event for a Client of Adelante, Contractor shall not contact the Company for any similar work without prior written approval of Adelante. In the event that Company expresses interest in Contractor's services for other work during that period Contractor obtains employment or staffs any position directly for said Company or Company's Client or related person without Adelante's written permission, Contractor shall pay Adelante fifteen percent (15%) of Contractor's gross pay.



12. Company Property. Contractor understands, acknowledges, and agrees that all materials, specification books, equipment, or clothing that may be borrowed, and any other property of Adelante or Company, is and shall remain the exclusive property of Adelante or Company, and Adelante or Company, shall have and retain all rights with respect thereto.



13. Severability. The parties agree that if a court of competent jurisdiction determines that any provision of this Agreement is too broad or extensive to permit enforcement to its full extent, then it is the intent of the parties that any such provision shall be enforced to the maximum extent permitted by applicable law. The parties also agree that a judicial determination regarding the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall continue to be given full force and effect.



14. Permission to Use Likeness. Contractor authorizes and consents to the his or her use, copy and/or reproduction of Contractor's likeness, including but not limited to photograph, picture, video, resume, pictorial, or any other likeness definition as found in Florida Statute §540.08 and throughout Florida law as well as similar laws and statutes of other States and Territories of the United States of America that this contract may be performed, executed, construed, and/or enforced. Adelante shall not be liable for or subject to any claim, demand, injury or damages, whatsoever, including without limitation, those damages from acts of passive or active use or negligent use of Contractor's likeness on the part of Adelante, its officers, employees, or agents. Contractor does hereby expressly forever release and discharge Adelante from all such claims, demands, injuries, damages, actions or causes of actions. Contractor acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver and release of liability.



15. Miscellaneous Provisions. This Agreement contains the entire understanding between the parties with respect to those matters set forth herein. This Agreement supersedes any prior or contemporaneous discussions, representations, or agreements relating to the subject matter hereof, whether oral, written, express, or implied. This Agreement may not be amended, modified, or otherwise changed except by a writing signed by both parties. Any failure to insist upon or enforce compliance with any provision of this Agreement shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. This Agreement shall not be construed more strictly against Adelante simply because it was the party responsible for its preparation. The construction and enforcement hereof shall be governed by Florida law without regard to its conflicts of laws principles. Disputes arising hereunder shall be resolved in the courts of competent jurisdiction located in Tampa, Florida.



16. Arbitration, Governing Law, and Jurisdiction Clauses. This Contract shall be governed by the laws of Florida with specific jurisdiction in Hillsborough County, Florida. The PARTIES hereto agree that, at the election of either party, any controversy or claim arising out of or relating to the contract, agreement, or transaction herein, or the breach thereof, whether asserted as in tort or contract, or as federal or state statutory claim, arising before, during or after performance of this contract, shall be settled by binding arbitration in accordance with Comprehensive Arbitration Rules and Procedures, and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. The parties agree and understand they choose arbitration instead of litigation to resolve disputes. The parties herein agree that the Arbitration Hearing will be held within thirty (30) calendar days of the commencement of the arbitration proceeding. The arbitration shall be conducted in the offices of the Arbitrator within the closest geographic proximity to Tampa, Florida. The parties agree that each party may take the deposition of two (2) persons whether they are both opposing party members or two (2) individuals under the control of the opposing Party, or a combination thereof. The cost of such arbitration shall be divided equally among the parties to arbitration. Each party shall bear the cost of their own expenses and attorney's fees. The number of arbitrators shall be one.





THE PARTIES REPRESENT, ACKNOWLEDGE, AND AGREE THAT THEY HAVE READ AND UNDERSTAND THIS CONTRACT, WERE PROVIDED WITH AN OPPORTUNITY TO CONSULT WITH COUNSEL, AND THAT THEY INTEND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT. THE CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE CONTRACTOR HAS ALSO SIGNED, AND IS BOUND BY, A WARRANTY, INSURANCE AGREEMENT, AND COVENANT NOT TO COMPETE, ALL OF WHICH ARE A PART OF THIS AGREEMENT AND ARE ENFORCEABLE AS IF FULLY RESTATED HEREIN.





NON-COMPETE COVENANT: This covenant not to compete ("Agreement") is entered into by and between ADELANTE LIVE, INC., an Illinois Corporation, whose principal office is located in Tampa, Florida ("Adelante"), and an Independent Contractor ("Contractor").

RECITALS

A. Adelante has retained the independent contracting services of Contractor more particularly described in that certain Independent Services Agreement dated _____________, 200 , entered into by and between Adelante and Contractor (the "Agreement").

B. During the time of the Agreement, Adelante is in the business of providing staffing services and personnel services at promotions and events sponsored and hosted by various companies (the "Business"). Contractor intends to use the Agreement to engage in said Business.

C. The Contractor is active in assisting Adelante and the Business.

D. As a material inducement, condition and consideration for Contractor to receive compensation as agreed with the aforesaid Agreement, Adelante and Contractor have agreed that they would enter into this Agreement limiting competition with the Contractor in the manner set forth hereinbelow.

NOW, THEREFORE, in consideration for Contractor having signed and agreed to the provisions set forth in the Agreement with Adelante and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference.

2. Covenant Not to Compete. Contractor agrees to not compete directly or indirectly with Adelante by engaging directly or indirectly in any capacity whether as officer, shareholder, director, partner, proprietor, consultant, owner, or otherwise, of any business that would or may compete with the Business of the Contractor (the "Restricted Area").

3. Remedies for Breach. In the event of a breach or threatened breach of this Agreement, Adelante shall have the cumulative right to seek monetary damages for any past breach and equitable relief, including specific performance by means of an injunction against Contractor, or any of their respective agents, representatives, employers, employees, family members, and/or any persons or entities acting directly or indirectly by or with Contractor, to prevent or restrain any such breach. In any such action, Adelante shall be entitled to an award of its costs and reasonable attorneys fees incurred therein.

4. Reasonableness of Restrictions.

(a) Adelante and Contractor have carefully read and considered the provisions of this Agreement and, having done so, agree that the restrictions set forth therein, including, but not limited to, the time period of restriction and geographical areas of restriction, and the remedies available are fair and reasonable and are reasonably required for the protection of the interests of Adelante.



(b) Adelante's interests protected include, but are not limited to:



1. The Agreement entered into between Adelante and Contractor for valuable consideration;



2. Customer goodwill associated with the Business and the Restricted Area;



3. Adelante's confidential information (i.e. customer lists, talent or staffing list), which might have to be revealed to Contractor during the course and scope of Contractor's duties; and



4. Substantial relationships with specific prospective and existing customers.



(c) In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein.



(d) In the event that any provision of this Agreement relating to the time period and/or the areas of restriction or the remedies is deemed by a court to be unreasonable and unenforceable, the time period and/or areas of restriction and/or remedy or other related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction or remedy in such regard, and the restriction and remedy shall remain enforceable to the fullest extent deemed reasonable by such court.



5. Assignment. The protections afforded to Adelante under the terms of this Agreement may be assigned by Adelante in its sole discretion.

6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with regard to the matters contained herein and may not be modified except in writing signed by the parties hereto.

7. Governing Law. This Agreement shall be governed and construed in accordance with the statutory and decisional law of the State of Florida.

8. Binding Effect. All of the terms and conditions of this Agreement shall be binding upon the parties hereto and their respective successors, assigns, heirs, administrators, and representatives.





WEB SITE INTERACTION: By accessing information provided on this site, the user expressly agrees to indemnify and hold Adelante harmless for any loss, cost, damage, or expense arising directly or indirectly in connection with such access or any damage suffered by the user or any third party relying on said accessed information. In no event shall Adelante be liable for any special or consequential damages or for any indirect damages resulting from the use or application of the information accessed from Adelante's website.



TALENT PAYMENT POLICIES Effective 1/1/10

The following document explains Adelante Live Inc.'s (referred to herein as ALI) Talent Payment

policies effective January 1, 2010. These policies are subject to change and you will be sent

new updates as needed.

W9 form

What is the first step in getting paid for the event/promotion I worked?

* In an effort to better serve you the talent and streamline our accounting process we

have now added the W9 form ONLINE as a part of your A·Live Agenda.

- Our database is secure and your private information is encrypted and stored

according to the highest internet security standards.

* All talent must be legally able to work in the United States and must submit a W9

ONLINE with your correct Social Security Number (SSN) or Tax ID Number (TIN).

* All existing talent regardless of whether they have previously faxed or emailed a W9

MUST enter their W9 online.

Instructions to complete the W9 online:

- Please log onto www.adelantelive.com and click on PERSONAL.

- On the right hand side you will see Update My W-9 click the link to complete.

- Please make sure your legal name is XXXXX XXXXX on your tax returns.

- Please enter your SSN accurately as you will not be able to change it on the

second screen.

- Please keep in mind that the online W9 with your electronic signature is

legally the same as a hard copy so it must be completed thoroughly and

accurately.

* *EFFECTIVE IMMEDIATELY* If you entered your SSN incorrectly on your online W9

you will NOT be able to change it. You MUST contactXXX@XXXXXX.XXX

for further instructions. You will be required to complete an I9 form and provide

additional documentation.

* If there is an IRS discrepancy with your SSN, you will be asked to complete an I9

and send in a copy of your SS Card and state-issued ID before we can secure you

for any other work or remit any further payment.

* We cannot send you a check unless a W9 has been entered online. If you are owed

payment and do not have a W9 on file we will contact you via email and/or phone in

an effort to have you complete the online W9. Checks that have been in our system

for over 60 business days and are being held due to non-completion of the online

W9 will be subject to a charge of $15 which will be deducted from your check when

it is finally processed.

* If your W9 is not registered online at least 10 business days prior to the payroll date

you are due to be paid on (see PAYROLL DATES below), your check will be cut on

the next applicable payroll date.

- For example, you are due to be paid on 3/5/10 but your online W9 was not

updated by 2/22/10. Since you missed the W9 deadline, your check may not

be mailed until the 3/19/10 payroll date.

Address Changes

I've moved. How do I get my check mailed to my new address?

* It is your responsibility to inform ALI of all address changes by updating your online

profile. This is now a much simpler process.

* Your mailing address is now the address that all checks and other accounting

correspondence such as tax forms will be mailed to.

* You must make any address changes at least 10 business days in advance of your

payroll date or your check may be mailed to the old address.

* To Change Your Address:

- Update your mailing and shipping address on your online profile on

adelantelive.com under PERSONAL. (Demo kits will be sent to the address

you have in the shipping line!).

- Your mailing address will automatically update on your W9 as well.

- Please make sure you forward your mail to your new address with the US

Postal service.

* If your check is returned to us with an incorrect address, you MUST update your W9

online before your check will be re-mailed. You cannot email accounting a new

address without updating your online W9.

* If your check is returned to us more than once due to an incorrect address, we will

not mail it until we receive a self addressed stamped envelope from you.

Payroll

How can I find out when I'm due to be paid for my event?

* We strive to pay all talent between 30-45 business (M-F) days from the date of the

promotion. However, checks may arrive earlier or later depending on a number of

factors.

* For in-store demos, your payment date will be determined by when we receive from

you the completed and correct paperwork.

* To check on the expected pay date of the event you worked- please log on to your

profile and click VIEW MY A LIVE JOB HISTORY on your home page. There is a

column that says PAYROLL DATE.

- Within 1-2 weeks of the execution date an expected pay date should be

posted. This date indicates when your check will be mailed.

- Please keep in mind, your check may be delayed for a variety of reasons

including (but not limited to) non-receipt of W9, non-receipt of timesheets

and/or reporting materials etc.

Payroll Dates:

* Below are the payroll dates for 2010 (checks will be MAILED on these dates):

- January 8, 2010

- January 22, 2010

- February 5, 2010

- February 19, 2010

- March 5, 2010

- March 19, 2010

- April 2, 2010

- April 16, 2010

- April 30, 2010

- May 14, 2010

- May 28, 2010

- June 11, 2010

- June 25, 2010

- July 9, 2010

- July 23, 2010

- August 6, 2010

- August 20, 2010

- September 3, 2010

- September 17, 2010

- October 1, 2010

- October 15, 2010

- October 29, 2010

- November 12, 2010

- November 26, 2010

- December 10, 2010 will be a double payroll and include all checks that are due to be

mailed on 12/24/09 payroll)

* Please keep in mind that your checks will be cut and mailed by regular first class US Mail

only on the dates above, but we cannot control the mail. We are based in Florida so

please allow 5-10 business days to physically receive your check.

* We only use First Class US Mail and we do not send checks via Fed Ex or UPS therefore

we cannot offer you a tracking or confirmation number.

* Also, we do not offer direct deposit at this time- we only pay by check.

* You have ninety (90) days to cash/deposit your check or the bank will not honor the

check. Please deposit or cash your check immediately upon receipt. If we have to

reissue your check- there will be a $30 fee (please see Stop Check section below).

How do I know what event payments are covered by my check?

All payment checks will have the dates of the paid events on the check stub; it may not

specifically name each promo the check is paying.

* It is your responsibility to keep track of your bookings via a spreadsheet or calendar.

Please write down all details of a job including hours/pay and then compare them to

your check.

- You can also check your Adelante Live, Inc. Job History on your A·Live

Agenda. Please log in to your profile, click VIEW MY A LIVE JOB HISTORY on

your home page. Please use this list to compare the jobs we have listed for you

against your own job list.

I double checked everything on my A·Live Agenda and on my own job spreadsheet, but my

check isn't correct according to my notes. What should I do?

* Any discrepancies should be emailed directly toXXX@XXXXXX.XXX. Do

NOT email accounting to ask which events the check is for. Again the dates will be

provided on the stub.

* Please include the following information in the body of the email:

- Your legal name (on W9)

- The event/promo name and specific dates in question

- A brief explanation of the issue

* Please expect a response no sooner than two (2) business days after the request.

* Please do not email accounting asking for the status of a check unless it is past 45

business days from the date of your promotion.

Stop Check Policy

I didn't receive my check. What are next steps?

In the rare instance that your check doesn't arrive after we have verified it was cut and mailed,

we cannot accept responsibility for the stop payment charge. Unfortunately we don't know if

you've misplaced the check or if it was stolen etc. Therefore, if we have to re-cut a check for

any reason, your re-issued check will have a $30 deduction to cover the bank charge of a

stop check. We are willing to accept responsibility for errors on our end and will review each

case carefully. However we cannot accept responsibility for lost/stolen checks, or checks that

were mailed to addresses that were not changed within sufficient time. Again, if you did not

update your W9 online with your new address, you can wait for the check to be

forwarded by the US mail if you completed a mail forward request with the US

Postal Service. If you do not want to wait- we will re-cut the check with the $30 fee

deducted. If you tend to move often we highly advise you to get a PO Box number.

Other Deductions

As outlined in our independent contractor's agreement- there are various reasons when other

deductions may be taken from your check.

For example:

* Cancellations/no shows (minimum charge of $50)

* Failure to return borrowed wardrobe, equipment to ALI or client

* Advance payments/per diems when work was not completed

* Failure to submit required paperwork on time

* All fees will be itemized on your check stub

Remember, any and all correspondence regarding any accounting issues need to go to

XXX@XXXXXX.XXX NOT to the agent who booked you. The accounting coordinator

will then do the internal research necessary to answer your question.

We appreciate your hard work and are always looking for ways to streamline our processes so

we can pay you quickly after your event! Please follow these directions so it makes it easier for

us to better serve you.

By accepting your next assignment from Adelante Live Inc, you are agreeing to abide by these

policies. If you do not agree to follow these policies please let us know immediately so we can

delete you from our database.

We thank you in advance for your adherence to these policies.

Sincerely,

The Team at Adelante Live Inc.

Expert:  Law Educator, Esq. replied 3 years ago.
Okay, you need to specify what specifically you do not understand in this contract, since some of it is in plain and simple wording.
Customer: replied 3 years ago.
4. Reasonableness of Restrictions.
(a) Adelante and Contractor have carefully read and considered the provisions of this Agreement and, having done so, agree that the restrictions set forth therein, including, but not limited to, the time period of restriction and geographical areas of restriction, and the remedies available are fair and reasonable and are reasonably required for the protection of the interests of Adelante.

(b) Adelante's interests protected include, but are not limited to:

1. The Agreement entered into between Adelante and Contractor for valuable consideration;

2. Customer goodwill associated with the Business and the Restricted Area;

3. Adelante's confidential information (i.e. customer lists, talent or staffing list), which might have to be revealed to Contractor during the course and scope of Contractor's duties; and

4. Substantial relationships with specific prospective and existing customers.

(c) In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein.

(d) In the event that any provision of this Agreement relating to the time period and/or the areas of restriction or the remedies is deemed by a court to be unreasonable and unenforceable, the time period and/or areas of restriction and/or remedy or other related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction or remedy in such regard, and the restriction and remedy shall remain enforceable to the fullest extent deemed reasonable by such court.
Expert:  Law Educator, Esq. replied 3 years ago.
Reasonableness of restrictions, all this says is that you agree that the terms in the contract regarding those restrictions are okay with you and are not unreasonable.

The provision about the unenforceable or invalid, this just means if one clause in the contract is found to be invalid the rest of the contract is still valid and enforceable.


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