Just Between Friends Consignment Sales Event Team Member Independent Contractor Agreement - Lancaster Holiday 2022

𝐂𝐨𝐧𝐬𝐢𝐠𝐧𝐦𝐞𝐧𝐭 𝐒𝐚𝐥𝐞𝐬 𝐄𝐯𝐞𝐧𝐭 𝐎𝐫𝐠𝐚𝐧𝐢𝐳𝐞𝐫 ("𝐎𝐫𝐠𝐚𝐧𝐢𝐳𝐞𝐫"):
KBD Consignment Enterprise LLC d/b/a Just Between Friends

𝐂𝐨𝐧𝐬𝐢𝐠𝐧𝐦𝐞𝐧𝐭 𝐒𝐚𝐥𝐞𝐬 𝐄𝐯𝐞𝐧𝐭 𝐆𝐞𝐨𝐠𝐫𝐚𝐩𝐡𝐢𝐜 𝐓𝐞𝐫𝐫𝐢𝐭𝐨𝐫𝐲:
Lancaster, PA

𝗖𝗼𝗻𝘀𝗶𝗴𝗻𝗺𝗲𝗻𝘁 𝗦𝗮𝗹𝗲𝘀 𝗘𝘃𝗲𝗻𝘁 𝗗𝗮𝘁𝗲𝘀:
November 27 - December 2, 2022

𝐓𝐞𝐚𝐦 𝐌𝐞𝐦𝐛𝐞𝐫 𝐍𝐚𝐦𝐞 ("𝐓𝐞𝐚𝐦 𝐌𝐞𝐦𝐛𝐞𝐫"):
To be completed below upon acknowledgement


IN CONSIDERATION of the promises and mutual covenants and agreements contained herein, Organizer and Team Member agree as follows:

𝟏. 𝐓𝐞𝐚𝐦 𝐌𝐞𝐦𝐛𝐞𝐫 𝐢𝐬 𝐚 𝐂𝐨𝐧𝐬𝐢𝐠𝐧𝐨𝐫
Team Member expressly represents that s/he is a consignor at the Just Between Friends Consignment Sales Event, and is serving as a Team Member for the purpose of aiding in the sale of his/her own goods.

𝟐. 𝐓𝐞𝐚𝐦 𝐌𝐞𝐦𝐛𝐞𝐫 𝐒𝐭𝐚𝐭𝐮𝐬
The Team Member expressly represents and warrants to the Organizer that: (1) s/he is not and shall not be construed to be an employee of the Organizer and that his/her status shall be that of an Independent Contractor for which s/he is solely responsible for his/her actions and in actions; (2) the Team Member shall act solely as an Independent Contract Team Member, not as an employee or agent of the Organizer; and (3) the Team Member is not authorized to enter into contracts or agreements on behalf of the Organizer or to otherwise create obligations of the Organizer to third parties.

The Team Member understands and agrees that s/he is not entitled to, and shall not be covered by, any of the benefits or benefit plans provided by the Organizer to its employees (if any).

𝟑. 𝐖𝐨𝐫𝐤 𝐭𝐨 𝐁𝐞 𝐏𝐞𝐫𝐟𝐨𝐫𝐦𝐞𝐝
The Team Member understands and agrees that s/he is an Independent Contract Team Member, who is assisting at the Consignment Sales Event for the purpose of aiding in the sale of his/her own consigned goods. Team Member understands that the Consignment Sales Event is a temporary event, and Organizer is not offering a permanent work opportunity to Team Member. Organizer may assist Team Member by providing examples but does not direct, supervise, or control the Team Member with respect to the means, manner, or method of performance of the services Team Member has elected to undertake.

The Team Member further acknowledges that s/he has the right to choose the shifts in which s/he will assist at the Consignment Sales Event and has the right to choose what tasks s/he will undertake. Team Member understands that s/he is under no obligation to work any particular hours or undertake any particular tasks, but Team Member agrees to fulfill the obligations s/he voluntarily elects. If at any time Team Member determines that s/he is uncomfortable performing a task s/he has elected, Team Member understands that s/he may choose an alternate task. If Team Member is unable to meet shifts which s/he has previously elected, Team Member understands that s/he may contact Organizer for other opportunities to fulfill the commitment. Team Member understands that s/he has the right to send a substitute or bring helpers to fulfill Team Member’s voluntarily elected shift. While Organizer recommends that Team Member choose comfortable shoes and clothing, Team member understands that s/he may choose the attire worn for the elected shift(s). Team member will voluntarily elect to choose the date, time and descriptions of shifts that work in his/her schedule and that will be conveyed through the scheduling system. Team Member agrees that s/he will at all times perform his/her elected services in a professional and courteous manner. The Team Member shall observe and abide by all applicable federal, state and local laws, regulations, ordinances, and rules, including all discrimination laws, and shall treat all fellow Team Members and shoppers with respect. Team member will help in an ethical manner, and agree that he/she is not attempting to learn the business practices of JBF, operations techniques or any other business matters that may or may not be trademarked, registered or proprietary in any way.

𝟒. 𝐓𝐞𝐚𝐦 𝐌𝐞𝐦𝐛𝐞𝐫 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬
Team Member will receive the following benefits for fulfilling the Team Member services voluntarily selected above:

𝐏𝐞𝐫𝐜𝐞𝐧𝐭𝐚𝐠𝐞 𝐨𝐧 𝐂𝐨𝐧𝐬𝐢𝐠𝐧𝐞𝐝 𝐆𝐨𝐨𝐝𝐬:
• 70% for a traditional consignor

𝐂𝐫𝐞𝐝𝐢𝐭𝐞𝐝 𝐂𝐨𝐧𝐬𝐢𝐠𝐧𝐨𝐫 𝐅𝐞𝐞, (up to $10):
• N/A except for those who help with (1) 6-credit shift

𝐏𝐫𝐞𝐬𝐚𝐥𝐞 𝐒𝐡𝐨𝐩𝐩𝐢𝐧𝐠 𝐏𝐚𝐬𝐬:
• Entry time varies depending on credits earned

𝟓𝟎% 𝐨𝐟𝐟 𝐏𝐫𝐞𝐬𝐚𝐥𝐞 𝐒𝐡𝐨𝐩𝐩𝐢𝐧𝐠 𝐏𝐚𝐬𝐬
• Team Member entry time


Team Member acknowledges and agrees that the benefits listed above, together with the opportunity to make the Consignment Sales Event successful thereby increasing the likelihood of selling Team Member’s own goods, are full and adequate compensation for the services Team Member has voluntarily elected to perform, and Team Member is not entitled to any additional compensation.

𝟓. 𝐓𝐚𝐱𝐞𝐬, 𝐖𝐨𝐫𝐤𝐞𝐫’𝐬 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧, 𝐔𝐧𝐞𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭
It is expressly understood and agreed that Organizer will not be responsible for, withhold, deduct or pay any federal, state, local income tax, or payroll tax of any kind, on behalf of the Team Member. The Team Member shall not be treated as an employee with respect to the services performed hereunder for federal, state, or local tax purposes. The Team Member agrees to be responsible for any taxes and should consult his/her tax advisor regarding tax liability for benefits received in connection with Team Member Services. Because the Team Member is not an employee of the Organizer, no workers’ compensation insurance shall be obtained by the Organizer covering the Team Member, and the Organizer shall not be responsible for unemployment insurance payments.

𝟔. 𝐏𝐡𝐨𝐭𝐨𝐠𝐫𝐚𝐩𝐡𝐢𝐜 𝐑𝐞𝐥𝐞𝐚𝐬𝐞
Team Member hereby grants and conveys unto the Organizer all right, title, and interest in any and all photographic images and video or audio recordings made by the Organizer during the Team Member’s participation in any activities under this Agreement, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

𝟕. 𝐑𝐞𝐥𝐞𝐚𝐬𝐞 𝐚𝐧𝐝 𝐈𝐧𝐝𝐞𝐦𝐧𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧
The Team Member agrees to indemnify and hold the Organizer (and its affiliates, officers, directors, shareholders, employees, agents, franchisor, including without limitations Just Between Friends Franchise System, Inc. harmless against all losses, claims, judgments, suits or demands for recovery arising out of any alleged personal injury, damage or loss related to the performance of his/her elected services under this Agreement.

𝟖. 𝐂𝐎𝐕𝐈𝐃-𝟏𝟗 𝐒𝐚𝐟𝐞𝐭𝐲
The Team Member acknowledges the contagious nature of COVID-19 and acknowledge there is an unknown risk of exposure to COVID-19 through exposure to contaminated objects, as well as through personal contact. I voluntarily assume the risk that I may be exposed or infected by COVID-19 by participating in a Just Between Friends Consignment Sale and that such exposure may result in illness, injury, disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to Just Between Friends, and Team Members, consignors, and customers of Just Between Friends. I voluntarily assume all the forgoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense of any kind. I acknowledge that I have a responsibility not to attend or participate as a Team Member at any Just Between Friends Consignment Sale if I am sick or running a fever or if I or a member of my household have been positively diagnosed with COVID-19. I agree to comply with all COVID-19 safety measures established by Organizer, including but not limited to social distancing and certify that I am abiding by state/local laws regarding COVID-19 restrictions. I hereby release and hold harmless Organizer, its employees, officers and vendors from and against all claims of damages and liability resulting from exposure to COVID-19.

𝟗. 𝐂𝐡𝐨𝐢𝐜𝐞 𝐨𝐟 𝐋𝐚𝐰 𝐚𝐧𝐝 𝐒𝐞𝐯𝐞𝐫𝐚𝐛𝐢𝐥𝐢𝐭𝐲
The terms and conditions of this Agreement shall be interpreted, determined, and enforced by the laws of the State of Pennsylvania.

Should any term, condition, covenant or obligation of this Agreement be held unenforceable, moot or invalid, the remaining terms and conditions shall not be affected thereby and shall be deemed valid and enforceable to the maximum extent permitted by law.