CONTRACT BETWEEN TRAVEL AGENCY

AND OUTSIDE SALESPERSON/INDEPENDENT CONTRACTOR

AGREEMENT made                                     between The Ears Have It, Inc., d/b/a My Mickey Vacation Travel and also d/b/a Dreams Fulfilled Travel, a Florida corporation, having its principal place of business at 9103 Bradleigh Drive, Winter Garden, FL 34787, hereinafter referred to as the Travel Agency, and                     hereinafter referred to as the Independent Contractor.

  1. Term of Agreement

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 until December 31, 2024.

 

  1. 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.

 

  1. Compensation of Independent Contractor
  2.      Independent Contractor Generated Sales Leads:  The Independent Contractor shall be entitled to a percentage of the Gross Commissions received by the Travel Agency for sales of travel or services by the Independent Contractor to clients whom the Independent Contractor receives due to their own marketing efforts. The commission percentage shall be determined based upon the commissions schedule which follows:

 

All amounts are accumulated commissions received by the Travel Agency within the Term of this Agreement:

Up to $7,500 gross commissions received from supplier:                               60%

$7,500 – $20,000 gross commissions received from supplier:                        65%

$20,000 – $32,000 gross commissions received from supplier:                      70%

$32,000 – $90,000 gross commissions received from supplier:                      75%

$90,000 – $175,000 gross commissions received from supplier:                    80%

$175,000 and over                                                                                          85%

$1,000,000 in traveled sales in the same calendar year                                  90%

 

Payments made to Independent Contractor for travel in which Independent Contractor, or Independent Contractor’s spouse or significant other, is a named guest are not considered toward the commission percentage calculation.

 

Payments made to Independent Contractor for sales of Planning Fee services are not considered toward the commission percentage calculation.

 

  • Compensation due to the Independent Contractor for Planning Fees shall be a flat rate of 85% of the total planning fee collected by the Travel Agency.

 

All accumulated commissions are reset at the expiration of the Term of this Agreement.

 

When a new plateau is reached in a given year, the new rate will apply to each new reservation booked after the date of qualification, for the balance of the current year, and guaranteed for the entire next calendar year. Date of qualification is defined as the last calendar day of the month when qualifying commissions are paid.

 

  1. Travel Agency Generated Sales Leads:  Sales to clients resulting from leads provided to the Independent Contractor through the Travel Agency’s own marketing efforts (Lead Team) are exempt from the commissions schedule set forth in Section 3.a., above, and shall be compensated at a rate of 60% of the Gross Commissions received by the Travel Agency, for any and all initial bookings including, but not limited to, groups and/or multiple rooms. Any repeat bookings by said client, or referrals from said client will be paid at the prevailing commission percentage as outlined in section 3.a., above.  Travel Agency retains ownership of client regardless of commission rate paid or number of bookings made by Independent Contractor.

 

  1. Reduced Commission for Failure to Service Clients:  Independent Contractor’s commission to 0% of the Gross Commissions received by the Travel Agency, regardless of the rate noted in section 3.a., above., in the following instances:

 

  1. Independent Contractor’s failure to render proper planning services (or anticipated future failure to render proper planning service);
  2. Travel Agency client requests the removal of the Independent Contractor from the booking and assignment of a new agent; or
  3. Independent Contractor’s failure to render proper planning services subsequent to Independent Contractor’s separation from the Travel Agency.

 

Determination of Independent Contractor’s failure to provide proper planning services, such that this section applies, is within the sole and absolute discretion of the Travel Agency.

 

For purposes of this section, “planning services” are defined as setup of dining reservations, ongoing communication with clients regarding trip specifics, itinerary planning services, 1-business day response time to client requests, and other such related services.

 

  1.      Forfeiture of Commission:  Termination of this Agreement for reasons of Independent Contractor’s unlawful acts, unethical acts, and/or blatant violation of the Travel Agency’s policy related to bookings or the handling of client monies (as outlined in section 17(a)(ix)), shall result in Independent Contractor’s forfeiture of all present and future commission due under this Agreement.

 

  1.      Timing of Payment:  All commissions due to Independent Contractor under this Agreement will be paid no later than the last day of the month following the Travel Agency’s receipt of gross commissions from respective supplier(s). It is the responsibility of the Independent Contractor to accurately invoice the Travel Agency for the gross commissions. Independent Contractor shall invoice the Travel Agency by entering, and modifying if necessary, all sales on the Travel Agency’s proprietary sales software (“My Mickey Vacation Client System” or “MMVCS”).

 

  1. Should the invoice be entered into MMVCS after receipt of commission by the supplier, Travel Agency retains the right to assess a flat $25 administrative fee for double handling of said invoice.

 

  1. Should the invoice fail to be entered into MMVCS within 90 days of the completion of travel, the travel agency retains the right to deny payment of the invoice.

 

  1. The independent contractor may request a commission research from the Travel Agency for any potentially unpaid commissions that were previously posted to MMVCS in accordance with the above policy within 180 days of completed travel. After 180 days, the travel agency reserves the right to deny the research request on a case-by-case basis.

 

  1. f. Override Commissions: Override commissions, defined as commission received by the Travel Agency for volume sales which is over and beyond the standard commission rate as defined by the travel supplier, shall be considered a part of the Gross   All expenses related to such sales shall be borne by the Independent Contractor. Payment shall be made to Independent Contractor within eight weeks after completion of travel by client unless supplier has not paid the commission to the agency in this length of time.

 

  1. Client Reporting

Independent Contractor shall submit information/documentation relating to all individual and/or group bookings to Travel Agency through the Travel Agency’s proprietary sales software (“My Mickey Vacation Client System” or “MMVCS”).  Repeated failure to report client bookings shall constitute a material breach of this agreement.

 

  1. Agency Provided Resources

Travel Agency agrees to provide Independent Contractor with the following:

  1. Accounting functions related to the collection, reconciliation, and payment of Planning Fees due to the Independent Contractor under this agre

 

  1. Payment Processing

All funds received from clients shall be processed through the Travel Agency’s merchant and online program. Independent Contractor covenants and agrees that Independent Contractor shall not process any payments, including, but not limited to, Deposits, Trip Payments, Placeholders, Planning Fee Payments, or any other Client paid funds, through Independent Contractor’s own personal collection vehicles, including the acceptance of cash, checks, credit cards, PayPal, or any other means of payment. Violation of this term may result in immediate termination of all contracts, at Travel Agency’s sole and absolute discretion, between Independent Contractor and Travel Agency.

 

In order to protect the integrity of all client information, Independent Contractor agrees to avoid processing any and all credit card entries into MMVCS, or any supplier website, while using an open unsecure wifi network. It is recommended that the Independent Contractor use a VPN (Virtual Private Network) to perform such transactions.

 

Net Payments – Independent Contractor shall never make a “Net Payment” (defined as a balance due without commission) as payment in full with any supplier. This includes personal travel. ALL final payments shall be made at Gross amount (defined as including the commission amount).

 

  1. Expenses due to Travel Agency

The Travel Agency provides Independent Contractor access to its online customer and billing system (MMVCS), resources, criminal background check, and email account.  The agreed cost to Independent Contractor is $300.00 annually. This is a pass-through cost which is paid by the Travel Agency to its suppliers.

  1. The deadline for renewing this Agreement is the last day of the Term.
  2. Independent Contractors shall execute their initial post- training agreement no later than the effective date of this Agreement.

iii.  Expenses to Travel Agency shall not be pro-rated in the event of a separation during the Term of this Agreement.

 

  1. Background Check

As a condition precedent to the entry of this Agreement, Independent Contractor shall authorize, submit to, and pass a criminal background check conducted through a vendor of Travel Agency’s choosing. This requirement must be satisfied on an annual basis prior to any subsequent renewal Term of this Agreement.  Independent Contractor may not submit a background check performed for any other reason as a substitute for this purpose.

 

  1. Accounting

Independent Contractor shall have the right, either personally, or by accountant retained and paid by the Independent Contractor, at times mutually convenient to the Travel Agency and the Independent Contractor, to examine the financial books and accounts of the Travel Agency insofar as they relate to transactions affecting the amount of the Independent Contractor’s compensation under this Agreement.  Independent Contractor shall not be entitled to more than one audit per calendar year and each such audit shall be strictly limited to transactions during the course of the Term of this Agreement and the calendar year immediately preceding the same.

 

  1. No Vacation or Other Benefits

Independent Contractor is a self-employed individual and shall not receive or earn sick pay, vacation, or other such employee related benefits from the Travel Agency.

 

  1. Ability to Hire Assistants

Independent Contractor has the right to hire or employ or constitute an agreement with other individuals for the purpose of accomplishing administrative tasks and goals he/she feels necessary for the handling of bookings which are made by the Independent Contractor. The Independent Contractor incurs all expenses for said persons as will be outlined in their separate agreements. However, the Independent Contractor does not have the right to hire or employ or constitute an agreement with other individuals for the purpose of marketing, advertising or otherwise reaching out to potential clients to solicit bookings of new business without being contracted by the Travel Agency.  Independent Contractor recognizes that this restriction is put in place by the Travel Agency as a measure to protect its brand and allow the Travel Agency to hand-select those individuals whom it subjective believes will best represent its brand.

 

Assistants employed by Independent Contractor shall be covered by Travel Agency’s errors and omissions policy. The cost for said coverage is to be paid by the Independent Contractor. Additionally, all assistants must pass a criminal background check administered by a vendor of the agency’s choosing, at the Independent Contractor’s expense.

 

  1. Responsibility of Taxes and Miscellaneous Filings

Independent Contractor shall take the responsibility for complying with any and all local, state and federal laws as they pertain to the performance of this agreement. This shall require the Independent Contractor to obtain any or all necessary business licenses, state registrations and to pay any and all tax payments (federal, state, and local income taxes) as well as payments of any applicable fees or charges for social security, worker’s compensation and FICA.

 

The Travel Agency is not responsible, and shall not accept responsibility, for payment or withholding of such items as they pertain to renderence by the Independent Contractor. It is agreed upon that the Independent Contractor shall defend, indemnify and hold the Travel Agency harmless for any assessments against the Travel Agency because of any lack of payment or failure to pay the above mentioned taxes and fees by the Independent Contractor.

 

  1. Customer/Client Ownership: Non-Solicitation

It is understood and agreed upon that all customers and/or clients recruited by the Independent Contractor are and shall be the sole property of the Travel Agency. In the event that the Independent Contractor ceases to have an association with the Travel Agency, then any or all customers of the Independent Contractor shall remain with the Travel Agency they should desire.  Independent Contractor covenants and agrees that Independent Contractor shall not market or solicit the sale of any travel-related services to any customer and/or client of the Travel Agency with an active booking and/or reservation, irrespective of whether said booking and/or reservation was established through Independent Contractor or any other agent or employee of the Travel Agency, for a period of twelve (12) months following the termination of this Agreement.

 

  1. Customer/Client Booking Ownership

Independent Contractor covenants and agrees that any effort to modify, cancel, redirect, misappropriate, or otherwise interfere with open customer/client bookings and/or reservations with the Travel Agency subsequent to the termination of this Agreement, or in anticipation of such termination,  constitutes the theft of Travel Agency’s property and shall subject Independent Contractor to civil and/or criminal charges.

 

  1. Proprietary Material: Non-Disclosure

During the Term Independent Contractor’s association with the Travel Agency, Independent Contractor will be exposed to and become aware of certain sensitive and confidential information concerning the business of the Travel Agency, including but not limited to information concerning the Travel Agency’s commission system, pricing formulas, sales programs, customer lists, and customer buying patterns, needs, marketing campaigns, and proprietary software.  All such information and any other confidential information pertaining in any manner to the Travel Agency’s business is hereinafter referred to as “the proprietary information”.  All such proprietary information shall remain the property of the Travel Agency and Independent Contractor shall gain no ownership or interest in such property by virtue of this Agreement or services provided thereunder.  Independent Contractor hereby agrees that during the term of this Agreement and thereafter, Independent Contractor shall not directly or indirectly, whether individually, whether as a stockholder, owner, partner, employee or agent of any business, or whether in any other capacity, make known, disclose, furnish, make available or utilize any of the proprietary information, other than in the proper performance of his/her duties during the term of his/her association with the Travel Agency.

 

  1. Agency Trademarks and Copyrights

Independent Contractor shall only use Travel Agency trademarks and copyrights in accordance with the guidelines expressly set forth by the Travel Agency.  All other use of Travel Agency trademarks and copyrights is prohibited.

 

  1. “My Mickey Vacation Travel” – Independent Contractor may use the d/b/a name of the Travel Agency in Independent Contractor’s marketing effort For example: “Jane Doe, My Mickey Vacation Travel”. However, at no time may the Independent Contractor use the corporate name, “The Ears Have It, Inc” in any discussion, correspondence, marketing, or other communication with any current, past, or potential customer. To avoid confusion and to protect the brand name “My Mickey Vacation Travel”, at no time may the Independent Contractor use a fictitious name, brand name, or other business name while under contract with My Mickey Vacation Travel. Upon separation of company, Independent Contractor shall to remove all references to My Mickey Vacation Travel from any and all social media, including their Facebook and/or Instagram “Page”, About Us section, photos, etc.

 

  1. “Dreams Fulfilled Travel” – If associated with Dreams Fulfilled Travel, Independent Contractor may use the d/b/a name of the Travel Agency in Independent Contractor’s marketing effort For example: “Jane Doe, Dreams Fulfilled Travel”. However, at no time may the Independent Contractor use the corporate name, “The Ears Have It, Inc” in any discussion, correspondence, marketing, or other communication with any current, past, or potential customer. To avoid confusion and to protect the brand name “Dreams Fulfilled Travel”, at no time may the Independent Contractor use a fictitious name, brand name, or other business name while under contract with Dreams Fulfilled Travel. Upon separation of company, Independent Contractor shall to remove all references to Dreams Fulfilled Travel from any and all social media, including their Facebook and/or Instagram “Page”, About Us section, photos, etc.

 

  • “Dream Designer” – Independent Contractor may use the term “Dream Designer” as a professional Independent Contractor agrees the term “Dream Designer” is a mark owned and used in commerce by The Ears Have It, Inc., and all use of the same shall cease upon the termination of this Agreement.

 

  1. 17. Group Sales
  2. Independent Contractor agrees that it may not bind the Travel Agency into any legal contracting, including group sales contracts.

 

  1. Mystery Shopper

Independent Contractor acknowledges and agrees that Travel Agency may “mystery shop” Independent Contractor using such methods, procedure and criteria as Travel Agency deems appropriate in its sole and absolute discretion

 

  1. Policy Manual

For the sole purposes of mitigating risk and protecting the brand, Travel Agency has a published list of policies known as its “Policy Manual.” Independent Contractor and Travel Agency agree to abide by the Policy Manual as published on the Resource Page of MMVCS.

 

  1. Termination of Agreement

 

  1. EVENTS CAUSING TERMINATION – This agreement is not to be terminated prior to its expiration or at the will or either party to the agreement, but may be terminated for the following reasons:

 

  1. The death of the above named Independent

 

  1. The continued inability or incapacity on the part of the Independent Contractor of performance of his/her duties as outlined in this

 

iii.        Independent Contractor’s failure to adhere to Travel Agency policies. This includes not responding to emails or being unable to be contacted by Travel Agency.

 

  1. iv. The occurrence of certain circumstances that make it impracticable or impossible for the business of the Travel Agency to

 

  1. A failure of payment from the Independent Contractor to the Travel Agency any amount which is owed to the Travel Agency by the Independent Contractor within a thirty day period of billing such amount.

 

  1. The willful or negligent breach of duty by the Independent Contractor in the course of his performance under this Agreement.

 

vii.    The occurrence of Independent Contractor and Travel Agency inability to work together due to conflicts.

 

viii.   Failure to complete training, including proper execution of training exam.

 

  1. ix. Failure of Independent Contractor to abide by the policies of Travel Agency as determined by White Papers provided on private travel agency Resource Page.

 

  1. The act of or presence of illegal or unethical business practices. Unethical business practices in this Agreement shall refer to actions that fails to rise to acceptable standards of business practices or create an appearance of an impropriety, whether or not intentional or unintentional. This shall include, but is not limited to:

 

  1. Providing misleading product information, misleading agency information, misleading costs or fees, exaggerating the authenticity of the promotional materials, and other material information misrepresentations, however slight, to customers and potential customers.

 

  1. Engaging in unfair or deceptive competition, including defaming a competitor, misappropriating a competitor’s trade secrets and/or infringing their trademarks, allowing consumers to draw an inaccurate or false impression about competitors and their products, engaging in cyber-defamation, disseminating false information about a brand as an anonymous user on a social networking site or a blog with a fake screen names.

 

  1. Engaging in any practice which alters the financial arrangements and protocols of this Agreement without first consulting with and obtaining written consent and agreement from the Travel Agency.

 

  1. Inducing or attempting to influence customers or suppliers outside the parameters of business sales products, offering customers value or money in return for a favorable dealing outside the sales products, engaging in side deals with customers or suppliers, and other like dishonest conduct or devious activities.

 

 

  1. Comingling any Customer funds with personal funds of the Independent Contractor, including, but not limited to, in the form of check, cash, electronic funds (Venmo, CashApp, Paypal, cryptocurrency), or gift cards.

 

xii.    Independent Contractor’s failure any two (2) “mystery shops” (referred to in section 18, above) within any twelve (12) month period.

 

xiii.   Substantial evidence to presume that the Independent Contractor has ceased marketing and/or operating their business.

 

 

  1. EFFECT OF TERMINATION ON COMPENSATION
  2. i. Independent Contractor shall receive the contractual commission for bookings that are pending guest travel and/or pending receipt of commission from the supplier at the time of termination in accordance with the scheduled payments outlined in section

 

  1. ii. Agency shall be entitled to offset commissions due to agent for reasonable costs incurred in servicing agent’s bookings after termina Offsets shall be documented on the same statement on which the commission is paid.

 

iii.        For each booking pending travel at the time of termination that cancels and is subsequently rebooked directly with the supplier or with any other agency, agency shall be entitled to collect a cancelation fee from independent contractor equal to the full amount of supplier commission expected to be received for the booking.

 

  1. If more than 30% of bookings pending at the time of termination cancel, agent shall be presumed to be engaged in tortuous interference with a business expectancy, and agency shall be entitled to collect from agent a penalty equal to the full amount of commission expected from each booking that cancels after termination.

 

  1. A decision by agency to waive its rights with regard to a particular booking shall not preclude agency from exercising its rights with regard to any other booking.

 

  1. Independent Contractor agrees that any benefit bestowed to Independent Contractor by either the Travel Agency or any Supplier in good faith within 60 days of termination of agreement shall be reimbursed to Travel Agency at the market value of such Benefit. “Benefits” in this section include but are not limited to free or discounted tickets; discounted travel on a “fam trip”, VIP tours offered by Travel Agency, and per-person costs incurred by Travel Agency for conference attendance which is above and beyond tuition paid by Independent Contractor.

 

  1. TIME LIMIT FOR CLAIMING COMMISSIONS AFTER DATE OF TERMINATION

All claims of the Independent Contractor for commission on sales, regardless of whether the sales are made by the Independent Contractor or others, are waived by the Independent Contractor if not made within sixty (60) days of the date of termination. Sales properly and accurately entered into MMVCS (online sales tracking system) prior to separation constitute a completed claim.

 

 

  1. Additional Termination Covenants

As a condition to and in consideration of Independent Contractor’s engagement, and in light of Independent Contractor’s knowledge of Travel Agency’s Proprietary Materials, as set forth in Section 15, Travel Agency requires that Independent Contractor’s not disclose or use Travel Agency’s Proprietary Materials, except in furtherance of the business authorized under this Agreement.  Both parties to this Agreement stipulate and acknowledge Travel Agency’s need and desire to maintain its Proprietary Materials strictly confidential during and following Independent Contractor’s engagement with Travel Agency;

 

  1. Independent Contractor, recognizing the value of the knowledge he/she/it has and will have acquired of Travel Agency’s clients, business, products, techniques, methods, prices, plans, and policies, and of the names, addresses and travel requirements of clients, agrees that during the time he/she/it is an Independent Agent for Travel Agency and for a period five (5) years after such relationship terminates, for whatever reason, Independent Contractor shall not directly or indirectly as an individual or on behalf of any other person or organization:

 

  1. Solicit of the purpose of sale of any travel, any person who was a Client of Travel Agency during the term of this Agreement or any potential Client of Travel Agency whose name became known to Independent Contract while working for Travel Agency.
  2. Induce or attempt to induce any person who was a Client, Independent Contractor, or other independent outside travel representative of Travel Agency during the term of this Agreement or potential client of Travel Agency whose name became known to Independent Contractor while working for Travel Agency to terminate any existing relationship with Travel Agency.
  3. Disparage in any medium Travel Agency or any of its officers, employees, representatives, or services.
  4. Seek to employ any employee or independent contractor of Travel Agency or induce any such independent contractor or employee to leave the employment of Travel Agency.

 

In the event of a breach of contract, the parties agree that the damage to Travel Agency would be difficult to ascertain.  Therefore, if a breach of this contract occurs that causes Travel Agency to lose its relationship with multiple clients of the Agency, or if the Independent Contractor solicits clients, employees and/or other Independent Contractors of the Agency, the Independent Contractor named in this agreement agrees to pay liquidated damages in an amount equal to one year of the gross receipts of he Agency as liquidated damages, in addition to the actual damages which the Agency can prove.  The amount of the liquidated damages shall be based on the actual gross receipts of the Agency for the last twelve full calendar months.

 

  1. ENFORCEMENT. The parties agree that the remedy at law for any breach of this Agreement will be inadequate unless the provisions hereof shall be enforceable by specific performance, including the issuance of a Restraining Order and/or Injunctive Relief, and accordingly, either party shall be entitled to specifically enforce each and every provision of this Agreement. The right to specific enforcement of this Agreement shall be in addition to all other rights and remedies either party may have at law or in equity arising by reason of any breach of the agreement by the other party. Independent Contractor further agrees that no bond or other security shall be required in obtaining equitable relief and Independent Contractor hereby consents to the issuance of such necessary injunctions and to the ordering of specific performance.

 

  1. Supplier Provided Training

Independent Contractor agrees to complete the College of Disney Knowledge online course, as well as each annual online update course, and furnish completion certificates to the Travel Agency via email no later than the first day March of each year. This applies requirement is only applicable to renewal Terms. Independent Contractor also agrees to complete any training provided by other suppliers prior to marketing and/or entering into a sales contract with any client for the said Supplier.

 

  1. Governing Law

Independent Contractor agrees that this agreement with the Travel Agency shall be interpreted pursuant to the laws of the State of Florida.  Any and all disputes arising out of this agreement and/or Independent Contractor’s relationship with the Travel Agency shall be resolved in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law.

 

  1. Forum Selection

Any lawsuit against the Travel Agency must be filed in the State of Florida with venue being in Orange County, Florida.  Independent Contractor acknowledges that the choice of law, jurisdiction, and venue are a material portion of Independent Contractor’s agreement with the Travel Agency, and that consideration has been given to the Independent Contractor as part of the inducement to execute this agreement.

 

  1. Attorney’s Fees and Related Costs

If it becomes necessary to interpret the terms of this Agreement, or if any action at law is needed to enforce or again interpret the terms of this Agreement, the Travel Agency shall be entitled to reasonable attorney’s fees, costs, and expenses incurred if a judgment in the Travel Agency’s favor is entered in the litigation.

 

  1. Indemnification

Independent Contractor agrees to indemnify and hold Travel Agency harmless from and against any and all losses, costs, liabilities, and expenses (including attorney’s fees), for arising in connection with and/or resulting from errors in services by Independent Contractor to clients. To the fullest extent permitted by law, Travel Agency agrees to indemnify and hold Independent Contractor harmless for any and all losses, costs, liabilities, and expenses (including attorney’s fees) for or arising in connection with or resulting from, but not limited to, errors in services to clients rendered by Travel Agency pursuant to this contract.

 

  1. Assignability

This Agreement is not assignable by the Independent Contractor without the written agreement and consent of the Travel Agency.

 

  1. Miscellaneous

The paragraph headings are for convenience only and do not limit, modify or interpret this Agreement.  As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall include the others whenever the context so indicates.  All cross references in this Agreement, unless specifically directed to another agreement or documents, refer to provisions within this Agreement.

 

  1. Validity – Partial

In the event that any portion of this Agreement is found by a court of competence and jurisdiction to be invalid, unenforceable, or void, then the remaining provisions shall continue in full force without being impaired or invalidated in any way.

 

  1. Agreement Change or Waiver

This Agreement shall not be amended after the execution thereof except by a writing subsequent agreement, signed by all parties to this agreement, and no amendment, change, termination of waiver shall be binding unless it is in writing and signed by all such parties.

 

  1. Survival

Independent Contractor’s obligations under this Agreement shall survive the termination thereof.

 

  1. Confidentiality

Independent Contractor agrees to keep the terms and provisions of this Agreement confidential and to not disclose such information to any other party.  Notwithstanding the above, Independent Contractor may disclose such information pursuant to a subpoena of a court of competent jurisdiction or other compulsory legal process provided Independent Contractor first gives reasonable prior notice to Travel Agency and cooperates with Travel Agency, if so requested by Travel Agency, in the seeking, at Travel Agency’s expense and with counsel reasonable acceptable to Travel Agency, of an appropriate protective order or other safeguards.

 

 

 

Executed at 9103 Bradleigh Drive, Winter Garden, FL 34787 on the date and year first above written,

 

 

 

 

By:                                                                      Officer – The Ears Have It, Inc.

 

 

 

 

By:                                                                      Independent Contractor

Date:                                                            

 

 

 

 

 

 

Date:                                                            

 

 

 

Please complete the following info (if new Independent Contractor):

 

Address:                                                                                                                         

 

City, State, and Zip                                                                                                        

 

Business phone number                                                                                                  

 

Date of Birth: