Independent Contractor Agreement
This Independent Contractor Agreement (the ‘Agreement’) is entered into by, and made between Hexes (the ‘Agency’) and the successful escort applicant (the ‘Escort’) seeking to have their professional image represented by the Agency. By completing the application form upon the Agency’s website, the Escort warrants that they have read, understood, and accepted the terms construed herein, and are to be thusly bound until such a time when the Agreement is terminated. However, the obligations of confidentiality as construed in (II.e.) below, will persist indefinitely, beyond this Agreement’s severance.
I. RELATIONSHIP OF PARTIES
It is understood by the parties that the Escort is an independent entity with respect to the Agency, and not an employee of the Agency. As such, the Escort will be responsible for their own finances and expenses, including completing their own tax returns. Apropos, the Agency will not provide benefits, including medical insurance, paid vacation or leave, paid expenses, or any other employee benefit, for the benefit of the Escort. The Escort warrants that the Agency holds no power, sway or other influence over the Escort in conducting their business in any regard; whereupon the Agency:
I.a. Does not set the Escort’s work hours, nor holidays.
I.b. Does not determine the Escort’s rates.
I.c. Does not decide which services the Escort offers.
I.d. Does not expect any particular act or service from the Escort; nor in any way direct the Escort’s business, which occurs between consenting adults, at the Escort’s sole discretion.
This relationship between the Escort and the Agency is considered to be non-exclusive, and thus the Escort is free to contract their services to any other person(s) or entity as they deem appropriate, unless exclusivity is expressly requested by the Escort; whereby, they will benefit from the Agency’s ‘Exclusive Escort’ (or like moniker) status, provided their professional image will not appear, or feature elsewhere, nor their services be rendered through any third party or entity other than the Agency.
II. THE ESCORT’S OBLIGATIONS AND SERVICES
Breaching any of the following stipulations – hereinafter termed ‘Obligations’ – will at the very least result in the termination of this Agreement:
II.a. The Escort must be of legal age and capacity to enter into this Agreement; and to pledge their persona to the Agency, in the manner defined within Clause (I).
II.b. The Escort must engage in this work for their own benefit, and of their own volition; free of any other party that may, or seek to direct, control and/or in any way exploit the Escort.
II.b.i) If the Agency is made aware of any such third party or entities acting in this capacity, the Agency will convey this information to the relevant authorities, with the purpose of prosecution to the fullest extent of the law.
II.c. The Escort has the right to refuse any request, scenario, time period or length, and/or practice with which they are uncomfortable, or unwilling to engage in.
II.d. The Escort is obliged to provide the Agency with accurate and current information and images of themselves, as required to build their profile with this Agency.
II.d.i) The Escort must undergo regular sexual health screening, and all associated test(s), to ensure their own and clients’ safety. Evidence of recent (less than or equal to 6 weeks) negative test results must be supplied by the Escort to the Agency upon request. The Escort must make aware the Agency of any positive result(s) and/or change in health status immediately.
II.e. The Escort agrees to be bound by a duty of confidentiality to the Agency, and to any clients referred to the Escort by the Agency. No personal, identifying, or otherwise sensitive information (as construed in Hexes NDA 20-01-20; Clause (I), Confidential Information) is to be shared with, disclosed, or copied to any third party or entity; except where required by operation of law.
II.f. The Escort must reliably maintain contact with the Agency and remain available to correspondence during the Escort’s working hours, except where the Escort is undertaking a booking. Further, the Escort must keep abreast the Agency of any disputes with, alterations or impediments to the Escort’s health and wellbeing; any pending/active booking(s), or potentially conflicting booking(s); journey(/ies) to Outcall booking(s); timetabling; holidays; or any other issues which may affect the Escort’s ability to fulfill their Obligations.
III. THE AGENCY’S OBLIGATIONS AND SERVICES
III.a. The Agency is obliged to promote and portray an accurate and current representation of the Escort in the form of an accessible and legible profile featured on the Agency’s website.
III.b. The Agency is obliged to refer valid clients to the Escort.
III.b.i) The Agency shall act diligently and fairly in its referral of clients to the Escort; conducting and observing safety measures to the best of its ability, and within reason.
III.b.ii) The Agency shall be prompt and detailed in its referrals to the Escort, and maintain consistent lines of communication, to the best of its ability.
III.c. The Agency is obliged to completely expunge all data and presence of the Escort from the Agency’s website and records, upon explicit request made by the Escort, and/or termination of this Agreement.
III.c.i) Should this Agreement be terminated as a result of the Escort breaching the terms herein – particularly, by conducting themselves in a manner, which may be construed as fraudulent, hazardous and/or otherwise damaging to the escorting community and/or the Agency itself – the Agency reserves the right to retain and blacklist the Escort’s profile, displaying this in such condition upon the Agency’s website; and to forewarn other agencies and clients by sharing the Escort’s information with relevant parties. In the event that the Escort acts unlawfully, the Agency will also promptly make aware the relevant authorities.
III.d. The Agency is never liable for any unfavourable, unfortunate eventualities occurring as a result of unforeseeable events, acts of god, or any circumstance otherwise beyond the immediate control, fault or scope of the Agency.
In the event of a dispute regarding a referral, meetings, and other such business involving, or brokered by the Agency, the Escort will communicate solely with, and via the Agency’s receptionist to seek resolution.
IV.a. The Agency’s receptionist may consult, liaise with, advise, and update the Agency and its Director(s) on these matters, with the purpose of expediently and satisfactorily remedying any disputes or concerns.
IV.b. The Escort will never bring grievances, complaints, miscommunication, and thus risk disclosing Confidential Information to clients or any third party or entity, except in an emergency, where the Escort’s personal safety is at risk.
IV.c. The Escort also agrees to never defame, denigrate, or otherwise slander the Agency in any public forum. In so doing, the Escort would breach this Agreement, and be liable for any damages to the Agency.
As established in Clause (I), the Escort’s status remains independent from the Agency, whereupon the Escort agrees to indemnify, defend, and hold harmless the Agency from any third party or entity, which may seek claims, losses, fees, and/or judgements against the Escort as a result of, or in connection with, their acting in the capacity of Escort.
The Escort agrees to pay – weekly – the industry standard of 30% commission from the sum of their earnings for each session occurring as a result of the Agency’s referral; paid directly to the Agency’s nominated account.
VI.a. The Agency reserves the right to change the commission percentage at any point, where the Escort will be made duly aware of any modification.
VI.b. The Escort is only obligated to pay commission on monies received from Agency referrals; in no event is the Escort to pay membership, registration or like fees to the Agency.
VII. GENERAL TERMS
VII.a. This Agreement is governed by, and is to be construed in accordance with, English law. The English Courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.
VII.b. If any provision of this Agreement is deemed invalid, unlawful or unenforceable, the remaining portions of the Agreement will persist in full force, as construed, to most adequately effectuate the original intent of this Agreement.
Hexes ICA 20-01-20