Terms & Conditions
Orientation/Introduction Information: Independent contracting is much like owning your own business. Emails (occasional text messages) will be sent out by Daffe Models with possible jobs, and you bid on the jobs you want to work. Some jobs will require additional submissions of photos, past experience, etc. based on client requests. It is your responsibility to know your promotional job role and to ensure that your performance goals are met. Proper paperwork must be completed for each job and emailed to Daffe Models within three days after the event execution. You MUST be at least 18 years old to work for our clients and 21 years of age for liquor brands. We look forward to working with you!
Work Schedule: Independent Contractor will set his/her own schedule and is free to bid on any opportunities which Daffe Models makes available from its clients. You may negotiate the schedule with your Daffe Models booking agent. Some opportunities are flexible, while others aren’t. Once the schedule is agreed upon, our clients expect you to arrive on the agreed upon time so that the promotion is successful. FIFTEEN MINUTES PRIOR TO THE START OF EACH PROMOTION IS CONSIDERED ON TIME!!!
Staff Trainings: Daffe Models prides itself on the overall product/services knowledge of its independent contractors. Daffe Models from time to time will hold unpaid staff meetings. Meetings are intended to educate independent contractors on current programming, continually increase product knowledge and increase collaborative morale within the company. Attendance to these meetings is a prerequisite to scheduling events for the upcoming months. If an independent contractor cannot attend the staff training(s) he/she is expected to notify Daffe Models in advance. Unnecessary absenteeism may result in a probationary non-booking period of up to six months.
Attire: A professional appearance is necessary for a favorable impression with our clients and consumers. Unless otherwise specified, the standard professional attire required by most of the industry is all-black attire that is business casual. Please be sure to verify the agreed-upon attire prior to your promotion(s).
Professionalism: Daffe Models will not supervise the Contractor. Clients and secret shoppers may inspect work completed pursuant to this Agreement. The Contractor will work in a professional manner at all times. The following is strictly prohibited and ANY VIOLATION may result in contract termination and/or forfeiture of monetary compensation:
– Visual Piercing other than ears
– Visible Tattoos
– Tardiness and/or a no call/no show for a confirmed event
– Abusive or offensive language
– Illegal drugs, alcohol consumption, or use of ANY tobacco products
– Serving an obviously intoxicated individual(s). This includes pouring over the legal sampling amount for alcohol promotions
– Utilization of cellular phones during an event
It is your goal to promote the clients’ company/products in an exciting, clear, concise, and professional manner at all times.
Presentation: Our clients ask that you keep your work area clean and clutter free at all times. Please store away your personal items at the beginning of the promotion. It is recommended to bring very minimal personal items to each promotion.
Promotional Items: Any client products and samples used in an event are for demonstration or display purposes only and are property of Daffe Models Incorporated. You are accountable for all promotional materials in your possession. If leftover samples remain at the end of event execution, you are NOT permitted to sell or retain these items. Daffe Models expects you to hold these items for a period, not to exceed six months, and you may be asked to return the items. If you are unable to return promotional items given to you, penalties or fees will result (dependent upon client agreement with Daffe Models). Selling client property is considered theft and may result in legal action.
Contractor Rights: Contractor may do similar work for others at any time it wishes. Contractors may do other events on the same day a Daffe Models Incorporated event is worked as long as the Contractor fulfills its obligations under this Agreement.
Contractor Paperwork: All required contracts and IRS tax paperwork MUST be submitted prior to working your first event. This paperwork can be mailed, scanned and emailed, or faxed to: 773-525-9029
You may confirm receipt of any paperwork by emailing your Daffe Models representative.
Event Recap Forms: Daffe Models will be your administrative liaison with clients. It is imperative that you give a detailed description of the event with consumer feedback. If your event asks for documents required for the client (including but not limited to: promo reports, recap forms, receipts, photos, etc) it is imperative that you send the materials within the time stated in your booking email. This will usually be within 24 hours, but never more than three days after execution of your event.
Timesheets: You will work as needed to complete the objective of the promotion. If your promotion requires submission of a signed timesheet, as proof of event execution for the client, an on-site manager must sign off on your job order. If there is an issue getting a timesheet signed by appropriate staff, a Daffe Models Representative must be notified within two hours after event execution.
Compensation: You will be notified of the payment arrangement before you commence work. Once you send forth a bid for work, you agree with the compensation offered by Daffe Models. Some events will have a daily rate, while others may be paid by the hour. You may exercise your right to negotiate client rates, but negotiations must be made to your Daffe Models booking agent, in writing, at the time of booking, prior to executing the event. Parking and gas expenses are your responsibility! Daffe Models Incorporated will occasionally offer a set amount for parking and/or gas, which will be notated in the booking email.
Tipping: Acceptation of tips will be at the discretion of the client, venue, and Daffe Models. You must ask one of the client/Daffe Models/ or venue before accepting a tip.
Pay Cycle and Method: Payment is processed within thirty days of the event, receipt of contractors invoice, or the receipt of any proof of event execution (whichever is later). All documents MUST be received before payment can be issued. Payment will be issued via check. Checks will be sent out to the address Daffe Models has on file. It is YOUR RESPONSIBILITY to update your information. Cancellations and reissues of payment may result in the assessment of fees to cover these transactions. Daffe Models holds you, the independent contractor,
responsible for any fees associated with cancellations and reissues of payment. These fees will be deducted from your pay.
Deductions: Daffe Models reserves the right to make deductions from your payment if any requirement of this Agreement is not met. The minimum deduction is $20 per day per breach depending on the guidelines of your promotion. Some promotions may require the signing of an
additional agreement. If an additional agreement is required, it will not exempt you from any provisions of this agreement.
strong>Taxes: As an independent contractor, you are responsible for payment of any and all taxes, whether state or federal. We will require that you properly execute Form W-9 prior to working with any Daffe Models client. In addition, if you earn more than $600 from Daffe Models in one calendar year, you will be issued a Form W1099-MISC to assist you in filing your tax returns. You will serve under this agreement as an independent contractor, and nothing contained in this Agreement shall be construed to create any relationship of employee and employer, partnership or joint venture between you and Daffe Models, or the client of Daffe Models you are representing, nor shall you be entitled to any of the benefits afforded employees of Daffe Models or a client of Daffe Models. Subject to guidance from the client, you shall have exclusive control over the means, method, and details of fulfilling your obligations hereunder. You shall not have the authority to create or incur any liability, obligation, or responsibility for or on behalf of Daffe Models or a client of Daffe Models, or to bind Daffe Models or a client of Daffe Models in any manner whatsoever. You agree that you will not, at any time, represent, either orally or in writing, to anyone that you have any right, power or authority not expressly granted to you by this Agreement.
Changes to your W-9 Form: If any of your information changes during the period this Agreement is in effect, you shall notify Daffe Models promptly and submit a new Form W-9 to Daffe Models.
Event Cancellations by Daffe Models: Due to unforeseen circumstances an event may be canceled. If an event is canceled no billable hours will be incurred. Daffe Models Incorporated will contact you via telephone, email, etc. so make sure to be accessible.
Cancellations by you: No Show = No Pay! Not showing up for a promotion will cause you to incur a deduction of at least $25 per day from your other event earnings for a period of three months. To cancel, you must call the Daffe Models booking agent that booked you at least
24 hours prior to the scheduled start of your promotion. E-mail is not acceptable for cancellation. All cancellations are subject to at least a $25 rebooking fee.
Transfer of Promotional Material: If you receive, or are scheduled to receive, shipment of any goods related to the promotion you will be held responsible at your own expense for the transfer of those goods back to Daffe Models or to the individual that serves as your replacement, as specified by the booking agent. Any failure to transfer promotional materials may result in legal action and/or fees to recover any loss associated with the failure to transfer.
Photos: Photo submission is required for your record. We solicit photos from models of all races, genders, sizes, shapes and ages. All independent contractors are given equal opportunity for the promotions and events for which they are qualified. At a minimum you must submit two current photos (un-edited headshot and body shot). Your photo should represent you, and must be taken within the last six months. It is expected that you submit current photos every six months or if your image has changed. Misrepresentation of your current image may make this Agreement subject to immediate cancellation and result in assessment of any fines or damages associated with your misrepresentation. Daffe Models does not pay for nor reimburse costs for professional photos.
Non-Compete: We encourage independent contractors to work for other agencies. However, independent contractors MAY NOT work for a client within one year of working with that client through Daffe Models. It is strictly forbidden to discuss Daffe Models clients with other agencies and independent contractors.
Insurance: For and in consideration of your engagement as an independent contractor for Daffe Models, you hereby release, discharge and agree to hold harmless Daffe Models, the client of Daffe Models you are representing, their affiliates, or agents acting under Daffe Model’s permission or authority, and against any liability as a result of any physical impairment or loss during your performance of services pursuant to this Agreement. You understand that Daffe Models, the client of Daffe Models you are representing, their affiliates, or agents assume no responsibility for any medical expenses or other loss, claim or expense during or after the term of this free-lance assignment. You further understand that since you are an independent contractor, you must rely on your own resources and insurance coverage and that you cannot rely upon workers’ compensation coverage of Daffe Models and its clients. You also agree that if you engage anyone other than as an independent contractor, you will obtain workers’ compensation insurance on his/her behalf. Contractor shall carry business its own liability insurance, worker’s compensation insurance, and maintain any necessary business occupational licenses for its business.
Benefits: As an independent contractor, you are not eligible for unemployment benefits from Daffe Models. In addition, you are not eligible for any other employee benefits that might be provided by Daffe Models, the client of Daffe Models you are representing, or to its employees. Daffe Models shall not provide the Contractor with, or reimburse the Contractor for hospital, medical, business liability or workers compensation insurance, sick or vacation pay, a work vehicle, bonuses, gas allowances, uniforms, special clothing, computers, office materials, rent, pensions, or any other benefit of employment. Unless specified by the client, Contractor need not wear uniforms or special clothing while doing work for Daffe Models, and Daffe Models will provide no such clothing. Daffe Models shall not supply the Contractor with tools, or rent or lease tools or equipment to Contractor. You shall be solely liable for loss, damage or theft of your property at client locations.
Breach of Contract: Daffe Models Incorporated reserves the right to terminate this Agreement upon the occurrence of any of the following events, determined in its sole and commercially reasonable discretion: 1) Failure to meet the performance goals of your promotion. 2) Tardiness. 3) Not showing for a promotion. 4) Walking off of a promotion. 5) Any form of misconduct or violence. 6) Misappropriation. 7) Falsification. 8) Willful destruction of property. 9) Reporting under the influence of alcohol or drugs. 10) A failure to honor the confidentiality of Daffe Models and/or Daffe Models clients. 11) Misrepresentation of your image 12) Not being at least 18 years old on event date(s). 13) Failure to disclose any criminal charge or violation occurring prior to the execution of this Agreement or thereafter during the term of this Agreement. 14) Any material breach of this Agreement. 15) Termination of the program by the client. A breach by you of this Agreement may also result in deductions in your compensation.
Confidentiality: As an independent contractor, you may be privy to sensitive business information of Daffe Models Incorporated and our clients or business partners. The Contractor agrees to keep this information in the strictest confidence.
Types of Confidential information: This type of information includes but is not limited to: 1) Information regarding Daffe Models or Daffe Models’ clients’ business (e.g., products, services, customer lists, pricing and promotions rate information, agency partnerships, marketing plans, and the company staffing database). 2) Technical information (e.g., methods, processes, database information, and staffing program details). 3) Financial information (e.g., payroll, company profits, agency billings, and related promotional billing rates). 4) And any other information not generally known to the public which, if misused or disclosed, could reasonably be used against parties involved.
Length of obligation: The obligations regarding confidentiality shall remain in effect for six months from the date you sign this Agreement and shall be extended by six months effective the latest date of every promotion, event or tour you work within the duration of this Agreement.
Remedies: You agree that in the event of any breach, threatened breach, violation, or evasion of any covenant set forth, immediate and irreparable injury will occur to Daffe Models, and the client of Daffe Models you are representing, that such injury will be impossible to measure or remedy in money damages and that Daffe Models shall be authorized to seek recourse to all equitable remedies, including injunctive relief and/or specific performance, provided such remedies shall not be exclusive of other legal or equitable remedies otherwise available. You expressly agree that Daffe Models shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of such paragraph. Should Daffe Models have cause to seek such relief, you agree that no bond shall be required and if Daffe Models prevails in obtaining any temporary or permanent relief, you shall pay all attorney’s fees and costs that Daffe Models may incur. The various rights and remedies of Daffe Models, and the client of Daffe Models you are representing, under this Agreement or otherwise shall be construed to be cumulative and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
Assignability: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, heirs, executors, and personal representative, including the successors to the business of Daffe Models, but due to the personal nature
of this Agreement as it pertains to the Contractor, neither this Agreement nor any rights hereunder shall be assignable by the Contractor.
Judicial Interpretation: Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not imply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreement.
Severability: If any provision of this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way or to any extent.
Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the engagement of the Contractor by Daffe Models and contains all of the covenants and agreements between the parties with respect to such engagement in any manner whatsoever. Any modification or addition to this Agreement will be effective only if it is in writing and signed by the party to be charged. Some promotions, events or tours may require the signing of an exhibit form to cover details specific to that event. If an exhibit form is required for a program it shall not constitute a waiver of the provisions of this Agreement, but shall be in addition to the requirements of this Agreement.
Choice of Law; Venue: This Agreement is being made in the Illinois and shall be construed and enforced in accordance with the laws of that state. To the extent that resort to the court system is permitted by this Agreement, the Contractor irrevocably consents to the jurisdiction of the United States federal courts and the state courts located in the Illinois in any suit or proceeding based on or arising under this Agreement. The Contractor irrevocably waives the defense of an inconvenient forum to the maintenance of such suit or proceeding. The Contractor further agrees that service of process mailed by first class mail shall be deemed in every respect effective service of process in any such suit or proceeding. Nothing herein shall affect the right of Daffe Models to serve process in any other manner permitted by law.
Arbitration: Any award issued as a result of such arbitration shall be final and binding between the parties, and shall be enforceable by any court having jurisdiction over the party against whom enforcement is sought. The costs of the arbitration shall be shared equally by the parties, provided that the fees, costs, and expenses of the prevailing party (as reasonably determined by the arbitrator), including arbitrator’s and reasonable attorney fees incurred in connection with any such arbitration, shall be paid by the losing party in the event the arbitrator determines the proceeding was brought or defended in bad faith by the losing party. The costs and expenses of the prevailing party in collecting any such award shall be paid by the non-prevailing party.
Waiver: Failure to invoke any right, conditions, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, conditions, or covenants and neither party may rely on such failure.
Term of Contract: Regardless of the entry date of this Agreement, it shall remain in effect until canceled by either party, in writing, unless earlier terminated for the reason(s) set forth in professionalism section or otherwise.
Further Assurances: Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.
No Third Parties Benefited: All of the conditions, representations and obligations imposed hereunder are imposed or made solely and exclusively for the benefit of the parties to this Agreement, including the client of Daffe Models you are representing, and their successors and permitted assigns. No other person shall have standing to require the satisfaction of any condition, warranty, representation, or covenant made herein in accordance with its terms or be entitled to assume the existence or absence of strict compliance with any and all of the terms and conditions of this Agreement.
Hold Harmless: The Contractor hereby releases, waives, discharges, and covenants not to sue Daffe Models, its officers, servants, clients, the client of Daffe Models that the Contractor is representing, agencies, agents, and employees, including any participating/hiring client company and client contacts or participating/hiring agency and agency contacts, including court costs and attorney fees, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence or otherwise, while participating in the program, or while in, on or upon the premises where the program is being conducted, while in transit to or from the premises, or in any place or places connected with the program.
Criminal Record Clearance: All applicants must be clear of, have not received, convicted or been charged with, any criminal violations or convictions. Applicants agree that any undisclosed criminal record violates this Agreement.