Social DistanSING & Cumberland Kayak
Independent Contractor Agreement

This Agreement is made between Social DistanSING and Cumberland Kayak ("Client"), headquartered at 1238 Lillian St., Nashville, TN 37206, and the independent contractor listed below ("Contractor"), with a principal place of business at (see at bottom of contract).

1. Services to Be Performed
Contractor agrees to perform the following services: musical performance. 

2. Payment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor at the following rates: 90% of collected revenue from completed Social DistanSING concert. Contractor shall be paid within a reasonable time after Contractor submits an invoice to Client. The invoice/timecard should include the amount owed from the performance and date of the performance, reported weekly from Monday to Sunday.

3. Term & Termination of Agreement
This agreement will become effective when signed by both parties and will terminate on the earlier of 1) the date Contractor completes the services required by this Agreement, or 2) the date a party terminates the Agreement. Either Client or Contractor may terminate this Agreement, effective immediately upon giving notice. Upon termination of Contractor's services to Client, or at Client's request, Contractor shall deliver to Client all materials in Contractor's possession relating to Client's business.

4. Expenses
Contractor shall be responsible for all expenses incurred while performing services under this Agreement, such as transportation to and from work. This includes automobile, truck, and other travel expenses, vehicle maintenance and repair costs, vehicle and other license fees and permits, insurance premiums, fuel, cell phone expenses; musical instrument repairs and maintenance, marketing and social media, and meals.

5. Independent Contractor Status
Contractor is an independent contractor; therefore, Contractor shall not be deemed an employee of Client's. Contractor represents and warrants that Contractor will comply with all federal, state, and local laws requiring drivers license and other licenses, business permits, insurance, and certificates required to carry out the services to be performed under this Agreement. Contractor agrees to follow all Centers for Disease Control and Prevention (CDC) guidelines, restrictions, and rules, as well as any other relevant local, state, or federal guidelines, restrictions, or rules. Contractor and Client agree that the Contractor has the right to perform services for others during the term of this Agreement.

6. State and Federal Taxes
Contractor shall pay all taxes incurred while performing services under this Agreement, including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Client agrees to provide proof that payments have been made to Contractor by issuing a 1099 tax form as needed. Client will not: 1) withhold FICA (Social Security and Medicare taxes) from Contractor's payments or make FICA payments on Contractor's behalf 2) make state or federal unemployment compensation contributions on Contractor's behalf, or 3) withhold state or federal income tax from Contractor's payments.

7. Fringe Benefits
Contractor understands that Contractor is not eligible to participate in any employee pension, health, vacation pay, sick pay, insurance, or other fringe benefit plan of Client. Client shall not obtain workers' compensation insurance on behalf of Contractor, except as mandated by law.

8. Indemnification
Contractor shall indemnify and hold Client harmless from any loss, injury, illness, or liability arising from performing services under this Agreement.

9. Confidentiality & Proprietary Information
Contractor acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Contractor for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Client, for which damages would be an inadequate remedy, and that Client would be entitled to equitable relief. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client's prior written permission except to the extent necessary to perform services on Client's behalf. Cumberland Kayak and Social DistanSING make no claim of ownership to any musical product or composition written or performed by the Contractor.

9. Image Release Form
Contractor authorizes Social DistanSING and Cumberland Kayak to use their image or voice for the purpose of promotion without further consent and without prior knowledge of any such use. Contractor will not receive compensation of any kind as a result of any use of their image or voice for the purposes of promoting Social DistanSING and Cumberland Kayak. Cumberland Kayak and Social DistanSING make no claim of ownership to any musical product or composition written or performed by the Contractor.   

10. WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in the Social DistanSING performance as a performer, Contractor acknowledges, appreciates and agrees that: 1) Risks and dangers exist in the Contractor's participation in the concert, performance, and/or event. 2) The risk of injury or illness from the activities involved in this program is significant, including the potential for illness or death. 3) Contractor knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of Social DistanSING or Cumberland Kayak Urban Adventure Company and assumes full responsibility for their participation. 4) Contractor willingly agrees to comply with the terms and conditions for participation and performance, including all safety guidelines. If Contractor observes any significant hazard during their participation and in their presence, they will safely remove themself from participation and bring attention of the hazard to everyone participating and the nearest official immediately. 5) Contractor willingly agrees to follow all Centers for Disease Control and Prevention (CDC) guidelines, as well as all other relevant city, state, or federal government guidelines and recommendations. 6) Contractor, for themself and on behalf of their heirs, personal representatives and next of kin hereby releases, indemnifies and holds harmless Social DistanSING and Cumberland Kayak Urban Adventure Company, their officers, performers, officials, agents, employees, other participants, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event from any and all claims, demands, losses and liability arising out of or related to any injury, disability or loss of life, or loss or damage of personal property, whether arising from the negligence of Social DistanSING, Cumberland Kayak Urban Adventure Company or otherwise, to the fullest extent permitted by law.

THE UNDERSIGNED CONTRACTOR AGREES THAT THEY HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE TO EXEMPT AND RELIEVE SOCIAL DISTANSING AND CUMBERLAND KAYAK, ITS OWNERS, OFFICERS, AGENTS AND SERVANTS, FROM LIABILITY FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE OR LOSS OF LIFE. CONTRACTOR AGREES TO FOLLOW ALL EVENT RULES AND CDC REGULATIONS.

Contractor: 

Client:
Business Name: Social DistanSING, a division of Cumberland Kayak