Boardwalk Travel Agent Agreement

I. Start and Term of Agreement:

Parties: Boardwalk Travel Agency, or “Travel Agency” AND Independent Contractor, or “IC”.

1. The start of this agreement shall commence on the date of Independent Contractor’s acknowledgement of this agreement (electronically or in writing). The Travel Agency 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 1 month from date of Travel Agent Membership purchase. At the end of that period, the contract shall automatically be extended on a month to month basis.
2. 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.

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:

1. The Independent Contractor shall be entitled to 70% 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 two weeks after completion of travel by client unless supplier has not paid the commission to the Travel Agency in this length of time. Otherwise, they shall be paid to the Independent Contractor after clear funds have been received by the Travel Agency. Independent Contractor shall also be entitled to 70% of the Gross Commissions, if they are booking for their own travel.
2. Travel Agency is entitled to see what bookings are being made in the name of the Travel Agency, so Independent Contractor may also have suppliers email confirmations sent directly to them, but Travel Agency does not permit the Independent Contractor to “Change” the E-Mail address that is in the Travel Agency profile with suppliers. Independent Contractor shall not conduct travel business outside of Travel Agency or their registered suppliers for commission. Independent Contractor may use third party travel companies when not being compensated.
3. Method of Payment. Independent Contractor shall, within 60 days of the end of travel, provide Travel Agency with a statement of commission earned from any booking as outlined above, accompanied by request for payment for Independent Contractor’s share of those commissions earned. Submission for commission must be made through the Travel Agency’s designated Commission Form. Travel Agency shall report net earnings to the IRS (1099 form) for the Independent Contractor and pay net to Independent Contractor.
4. Independent Contractor shall not register themselves with any supplier without using the Travel Agency’s CLIA/IATA number and permission from Travel Agency, and may not be compensated for commissions independently.
5. Independent contractors shall not discuss or disclose any commission share they have with Boardwalk Travel Agency.

III. Independent Contractor to Provide Own Business Supplies and Be Responsible for Own Expenses.

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

IV. 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 office.

V. 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.

VI. 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.

VII. 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 Travel Agency’s medical or dental plan. Travel Agency does not guarantee any benefits from any supplier.

VIII. 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 Cruise Lines unless they are also contracted with Travel Agency.

IX. 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 Agency harmless for any assessments against Travel Agency 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. Independent Contractor selling travel to Florida is required to self-register under Travel Agency’s Sellers of Travel license annually using the following form https://forms.fdacs.gov/10211.pdf

X. 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 Travel Agency.

XI. Termination of Agreement.

EVENTS CAUSING TERMINATION

This Agreement is terminable prior to its expiration at the will of either party. Notification of termination shall be sent by email from either party (Travel Agency email: [email protected]).

EFFECT OF TERMINATION ON COMPENSATION

In the event of Independent Contractor terminating this agreement (see section XI) the Independent Contractor shall have 7 business days after their last booking has completed travel to request their final commission. After 7 business days the commission shall be forfeited.

NON-SOLICITATION OF EMPLOYEES AND INDEPENDENT CONTRACTORS

At all times during the term of this Agreement and for a period of three (3) years thereafter, Independent Contractor will not directly or indirectly solicit or encourage any employee or Independent Contractor of the Travel Agency to leave such employment or engagement with the Travel Agency, or directly or indirectly employ or engage in any capacity any former employee or Independent Contractor of the Travel Agency.

Damages for violating this term are agreed to be no less than $2,500 per Independent Contractor or $3,500 per employee.

XII. Remedies.

Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of (county and state) Utah, Utah.

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 attorney’s fees, costs, and necessary disbursements in addition to any other relief to which he may be entitled.

XIII. 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 (state) UTAH.

COMPLETE AGREEMENT; CHANGES TO THIS AGREEMENT.

Travel Agency may update or modify this Agreement from time to time, including any referenced policies, terms and other documents. If a revision meaningfully reduces Independent Contractor’s rights, Travel Agency will use reasonable efforts to notify Independent Contractor (by, for example, sending IC an email or posting a notice on the Travel Agency’s website). If Travel Agency modifies the Agreement during the IC’s Agreement Term, the modified version will be effective upon IC’s next renewal of Agreement, as applicable.

This Agreement may not be modified or amended by IC without Travel Agency’s written agreement (which may be withheld in Travel Agency’s complete discretion without any requirement to provide any explanation).

 

Signature: ___________________________________

Date: __________________________________
(approximate date of signing up with Boardwalk)