This Temporary Employment Agreement (the “Agreement”) is made and entered into effective as of the date listed on the signature page of this Agreement (the “Effective Date”) by and between:
SAM INTERNATIONAL, INC
6064 Anello Drive Melbourne,
(“Yoga Fun Day” or the
A. Yoga Fun Day is a leader in the production and operation of events, centers and media featuring yoga, meditation, wellness and the arts;
B. Yoga Fun Day wishes to retain Employee’s (Teacher/Performer/Volunteer/Speaker/Yoga Venue Managers) services on one or more short-term projects under the terms of this Agreement. For and in consideration of the mutual covenants, rights, and obligations set forth in this Agreement, the parties agree as follows:
1. Scope of Services. As of the Effective Date, Employee/Teacher will perform the services listed on Schedule A (the “Services”) on the dates and times set forth therein. Employee will use all reasonable efforts to perform the Services and will perform the Services in a professional manner in accordance with generally accepted industry standards. Yoga Fun Day will rely on Employee to work as many hours as may be reasonably necessary to fulfill Employee’s obligations under this Agreement. Employee will not provide any additional services other than the Services unless the parties mutually agree in writing. Yoga Fun Day is not liable for any fees for additional services unless the parties have agreed in writing to the fees.
(a) As consideration for the Services listed on Schedule A, Yoga Fun Day shall compensate teacher as agreed upon as set forth on Schedule is not liable for other fees or expenses for the Employee’s services related to the Event unless Yoga Fun Day has agreed to such amount in a written document signed by Yoga Fun Day.
(b) Yoga Fun Day will pay Employee by check sent via regular US Mail unless otherwise agreed between the parties.
(c) Yoga Fun Day will pay the Employee any undisputed amounts on the Company’s next regularly scheduled pay date so long as all required paperwork is complete.
3. Term. The term of this Agreement (the “Term”) commences on the Effective Date and continues until full completion of the Services or until either party terminates as permitted in this Agreement. Employee’s employment with the Company shall be “at-will” and, as such, either party may terminate Employee’s employment with the Company hereunder for any reason or no reason, at any time, with or without cause, subject to the provisions of Sections 5 and 6 of this Agreement. Notwithstanding the termination of Employee’s employment pursuant to this Agreement, the parties shall be required to carry out any provisions of this Agreement which contemplate performance by them subsequent to such termination.
4. Completion of Work. Employee shall ensure completion of all work required within the time frames specified in Schedule A.
5. Right to Inspect and Acceptance of Work. Employee shall ensure that the Services performed hereunder conform to this Agreement’s requirements. All work is subject to Yoga Fun Day's inspection reasonable times before acceptance. If any of the Services, supplies, or materials does not conform to this Agreement’s requirements, Yoga Fun Day will have the right to cancel this Agreement, unless such deficiency is cured by Employee within three (3) business days.
(a) Yoga Fun Day may terminate this Agreement without cause upon thirty (30) days’ notice to Employee. Yoga Fun Day may terminate at any time upon Yoga Fun Day reasonable determination of cause. If any termination is made during any Yoga Fun Day event, Employee shall immediately leave the grounds of the event and any dispute regarding the existence or lack of existence of reasonable cause to terminate the agreement will be resolved after the conclusion of the event.
(b) Upon termination of this Agreement:
(i) For Cause. Yoga Fun Day will (a) pay the Employee for all Services actually performed the effective date of the termination and (b) reimburse Employee for any actual, documented and pre-approved out-of-pocket expenses incurred by Employee prior to the date of termination. As a condition of payment, the Employee shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in his/ her/its possession or under his/her/its control and that are Yoga Fun Day's property or relate to Yoga Fun Day business.
(ii) Without Cause. Yoga Fun Day will (a) pay the Employee for all Services actually performed before the effective date of the termination, (b) pay to Employee fifty percent (50%) of the allocated Fee for anyServices to be performed after the date of the termination; and (c) reimburse Employee for any actual, documented and pre-approved out-of-pocket expenses incurred by Employee prior to the date of termination. Asa condition of payment, Employee will deliver all records, notes, data, memoranda, models, and equipment of any nature that are in his/her/its possession or under his/her/its control and that are Yoga Fun Day's property or relate to Yoga Fun Day's business.
7. Intellectual Property. In this Agreement, “Intellectual Property” means any ideas, discoveries, inventions, applications for patents, patents, designs, and copyrightable works. All work product, including Intellectual Property, developed by the Employee while performing, teaching the Services or while using any of Yoga Fun Day's property will belong to Yoga Fun Day as a work for hire and or teacher. To the extent the work product is not considered work for hire, then by this Agreement, the Employee assigns to Yoga Fun Day all work product developed in whole or in part by the Employee while performing the Services or while using any of Yoga Fun Day's property.
(a) “Confidential Information” means all information and material that either: (i) is expressly identified as “confidential” or “proprietary;” or (ii) relates to Yoga Fun Day's business, operations, assets, financial condition, and affairs, including any technical information, capacity, material requirements, data, designs, drawings, proposals, trade secrets, business methods, names of customers and vendors, marketing plans, computer software (proprietary or otherwise), or price information.
(b) While performing and or teaching the Services, the Employee may have access to Confidential Information. Nothing in this Agreement grants any rights to Yoga Fun Day's property to the Employee. The Employee will protect the Confidential Information and treat it as strictly confidential. The Employee will not disclose Confidential Information to any third-party individual, corporation, or other entity without Yoga Fun Day's prior written consent. The Employee, for a period of 2 years from the date of disclosure of the Confidential Information, will maintain the Confidential Information in strict confidence and will not, directly or indirectly, use any Confidential Information except as permitted by this Agreement. This nondisclosure provision survives any termination or expiration of this Agreement for any reason.
(c) The disclosure of Confidential Information shall not be a breach hereunder under the following circumstances: (i) the information is required by law to be disclosed; (ii) Yoga Fun Day gives express written authorization permitting disclosure; or (iii) the information is or becomes public through no fault of the Employee.
9. Injunctive Relief. In addition to any other relief that may be available to it upon violation of this Agreement, Yoga Fun Day is entitled to an injunction by any competent court enjoining and restraining the Employee and each and every other person concerned from violating this Agreement.
10. Assignments. This Agreement is binding upon and inures to the benefit of the parties to this Agreement and their respective successors and assigns. Notwithstanding the preceding sentence, neither party may assign, by operation of law or otherwise, this Agreement or any of the rights, benefits or obligations under this Agreement, without the other party’s prior written consent. Any attempt to assign without the other party’s written consent will be null and void and will give the non-assigning party the right to cancel and terminate this
11. Remedies. The rights and remedies provided in the Agreement are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.
12. LIMITATION OF DAMAGES. Yoga Fun Day SHALL NOT BE LIABLE TO EMPLOYEE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF USE, POWER, BUSINESS GOODWILL, REVENUE OR PROFIT, NOR FOR INCREASED EXPENSES, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT UNLESS THE DAMAGES AROSE DUE TO Yoga Fun Day's GROSS NEGLIGENCE OR WILLFUL BREACH OF THIS AGREEMENT.
13. Notices and Submissions. All notices in this Agreement are effective when received at the addresses provided below or, for invoices, at firstname.lastname@example.org
SAM INTERNATIONAL, INC
ATT: Samantha Grout
155 Warm Brook Road
Arlington, VT 05250
Attn: Legal Department
14. Waiver. If a party at any time fails to demand strict performance by the other of any of the terms, covenants, or conditions set forth in this Agreement, that party does not waive or relinquish the right at any time to demand strict and complete performance by the other of the same or other terms, covenants, and conditions.
15. Significance of Headings. Section headings contained in this Agreement are solely for the purpose of aiding in speedy location of subject matter and are not to be given any weight in construing this Agreement.
16. Governing Law. This Agreement is to be governed and construed according to the laws of the State of Florida without regard to conflicts of law. The proper exclusive venue for resolution of any dispute related to this Agreement is only in Gulfstream, Hallandale, FL. Both parties consent to jurisdiction and venue in Gulfstream, Hallandale, FL.
17. Waiver of Right to Jury. BY ENTERING INTO THIS AGREEMENT, YOGA FUN DAY AND EMPLOYEE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS THEY HAVE UNDER LAW TO A TRIAL BEFORE A JURY, AND PURSUANT TO THE TERMS OF THAT CERTAIN DISPUTE RESOLUTION AGREEMENT BETWEEN THE PARTIES, YOGA FUN DAY AND EMPLOYEE AGREE TO MANDATORY BINDING ARBITRATION OF ALL DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT.
18. Entire Agreement. This Agreement contains the entire agreement between the parties relative to the Event and supersedes any other prior understandings, written or oral, between the parties with respect to this subject matter. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT, IN ENTERING INTO THIS AGREEMENT, THEY HAVE NOT IN ANY WAY RELIED UPON ANY ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. No variations, modifications, or changes in the Agreement are binding on any party to the Agreement unless set forth in a document duly executed by or on behalf of such parties. To the extent there is a conflict between this Agreement and another executed document between the parties related to the Event (whether the other document is executed before or after this Agreement), the terms of this Agreement control except to the extent that the other document specifically identifies a section of this Agreement and states that it is amending that particular section.
19. Force Majeure. Any delay or failure of either party to perform its obligations under this Agreement is excused to the extent that it is caused by an event or occurrence beyond its reasonable control, including acts of God, actions by governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage or labor problems, provided the party claiming force majeure promptly notifies the other part of the event of force majeure, the anticipated duration of the event of force majeure, and the steps being taken to remedy the failure.
20. Survival. Those provisions of this Agreement which by their nature extend beyond termination or expiration of this Agreement will survive such termination or expiration, including but not limited to the provisions of Sections 8 and 9.
21. Section References. When this Agreement makes reference to an article, section, paragraph, clause, schedule or Schedule, that reference is to an article, section, paragraph, clause, schedule or Schedule of this Agreement unless the context clearly indicates otherwise. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation.” Any reference to gender extends to and includes all genders.
22. Severability. If a mediator, arbitrator, or court holds, for any reason, that one or more provisions of this Agreement is invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, but such provision will be deemed deleted, and the deletion will not affect the validity of other provisions of this Agreement.
23. Counterparts. The parties may execute this Agreement in any number of counterparts, each of which is deemed an original, but all of which together constitute one and the same instrument. This Agreement may be executed by facsimile, PDF, or other electronic signature.
24. Construction. All parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Agreement and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not beemployed in the interpretation of this Agreement or any amendment or Schedules.
25. Photography/Video Release: Participants photos sent to Yoga Fun Day and or involved in any activities offered by SAM INTERNATIONAL, INC dba Yoga Fun Day may be photographed or videotaped during training, speaking, presenting or teaching. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Yoga Fun Day website and or affiliates of SAM INTERNATIONAL, INC, social media outlet including but not limited to Facebook, Instagram, Twitter, SnapChat, YouTube or in any editorial, promotional or advertising material produced and/or published by SAM INTERNATIONAL, INC. All pictures uploaded, emailed or those that we use from your social media accounts to Yoga Fun Day can be used online and become the property of Yoga Fun Day and may be used for promotion, marketing, videos of yoga fun day and SAM INTERNATIONAL, INC Yoga Fun Day and Yoga Fun Run events. You consent to the use of any and all pictures from your website, social media accounts and online accounts pertaining to the use of SAM INTERNATIONAL, INC and promoting our events.
26. Liability: By signing below I agree that I am participating in classes, treatments, healing arts services with SAM INTERNATIONAL, INC at my own risk and I fully accept responsibility should any injury occur. By signing below, I further agree, along with my successors and assigns, to hold SAM INTERNATIONAL INC, practitioners, hosts, directors, and officer, volunteers, vendors or participants harmless in any way should a problem arise from my participation in classes, healing arts services or other activities with Yoga Fun Day including but not limited to, personal injury. It is always advised to obtain a physical exam with your physician prior to the start of any exercise program. You agree that you will not to use facility, or any location where Yoga Fun Day is instructing class, workshop, private session, group season with any medical condition, including open or seeping wounds, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of yourself or others. We reserve the right to deny access due to above-mentioned conditions. By signing this contract you agree that you have been advised to consult with your physician prior to coming to teach or perform at Yoga Fun Day and agree you are physically well enough to participate, teach and present in any/all class activities, and will notify your volunteer and the Yoga Fun Day staff in advance if there are any physical limitations you have that would prevent you from safely participating, teaching, performing or presenting in the prescribed classes, workshops or performances at Yoga Fun Day events and/or SAM INTERNATIONAL, INC events and or productions.
By their signatures or their authorized representative’s signatures, the parties agree to and accept this
SAM INTERNATIONAL, INC
Schedule A: Job Sheet
Section Job Description:
• Experience in customer service
• At least one year teaching yoga. RYT certification prefered but not mandatory.
• Genuine enthusiasm for the yoga community and mindful living
• Ability to speak and teach in front of large groups of people with ease
• Problem solver and proactive in finding solutions
• Oversee the smooth execution of classes in the assigned yoga space(s)
• Manage volunteers to facilitate check in, cleanliness, etc.
• Greet all students whom you are teaching in your class, introduce yourself to class, short bio of you and ask if anyone has any questions or anything that you need to be aware of for the class.
• Communicate to your volunteer if you need any additional equipment, music, a/c controls etc.
• Phone orientation: must be available for 30 minute phone conference before event. Date TBA and sent out in Teacher Welcome Packet
• Must attend one MANDATORY kickoff session in person.
• Full/partial event day: Sunday 8:00 AM ‐ 8:00 PM; Required to arrive to the event 1 hours prior to teaching to pick up badges and register as a teacher trainer. Preferred that you are on site all day as this adds to the event and the attendees get a much richer experience and can connect with the yoga community.
• TEACHER - Good Karma work shift. Must stay two hours after classes taught and assist where needed with event staff. Most teachers will stay in room/zone they taught in and help check in attendess (Attendees must be wearing wrist bands or must be sent to front desk to register for classes) for the next class, help next teacher get set up for music etc...
Work Day Rate: N/A
Fee: N/A Lodging:
N/A Per diem: N/A
Payment Type Day Rate
Payment Currency USD
Contract Type Temporary Employee
Travel Day Rate $0
Per Diem $0
Event Work Pay Travel Pay Adv. Pay Per Diem Total Pay
Yoga Fun Day Gulfstream 2020
Lodging: Not provided
Ground Transport Not provided
Lodging Not provided
Flight Not provided
Mileage Not provided
Sunday, March 22nd 2020
Gulfstream, Hallandale, FL
Mandatory Phone Orientation: 30 minute phone orientation to be held two weeks prior to the event. It will be recorded. If you are not able to call in please contact Sam ASAP at email@example.com to make alternative arrangements.
Mandatory In Person Training: There will be a mandatory meeting for teachers to attend in person. We will offer two sessions and you must be able to make one of them or make alternative arrangements with the Yoga Fun Day Team.
Mandatory Volunteer Time: It is required that you stay for two hours after your session and work as a Yoga Fun Day volunteer. Most of you will be in the same zone/space as your classes taught and help check in students for the next class, help with next instructor getting set up and or be directed to a new zone per the event staff and Volunteer Coordinator.
Mandatory Yoga Fun Day Apparel: You must wear your Yoga Fun Day shirt when on site and teaching at our event. NO EXCEPTIONS.
Mandatory Facebook Group: We communicate a lot to our teachers/volunteers via Facebook and it is mandatory that you have an account and join your respective group.
Event Day: Sunday, March 22nd, 2020 Yoga Fun Day Gulfstream
Hours: 9:00 AM - 7:00 PM Preferred it you can be on site as this adds to the event, must be at event site location at least 60 minutes before your class and check in with registration booth and volunteer.
Compensation: Teachers who sign up waivers as soon as possible will receive a number of tickets to sell or give away at the event., links to all social media on our website with your biography and pictures.