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Are you blessed with strong and healthy hair and have been approached by well-known hair-care companies to promote hair extensions or hair care products? Are these companies offering you high-income opportunities as a freelancer? If you say yes to both these questions, you should be enjoying a great lifestyle along with a steady source of income.
However, you might be refusing these offers because you feel that you might not get paid as you are unsure of how to create a contract. Why should a contract stop you from being a successful hair brand ambassador? You could download a hair brand ambassador contract template online and modify it according to your needs. There are a lot of templates you can find on Google.
Though finding a template is easy, you might still not be confident to use it because you might be omitting some important information and end up with an unfavorable contract.
We are going to provide you with tips which will ensure that your rights are protected by the contract.
When preparing a freelancing hair brand ambassador contract, the following tips need to be kept in mind:
1. Who are you promoting in the hair brand ambassador contract template?
You will be the brand ambassador for a specific company and this should be mentioned in your hair brand ambassador contract template.
2. Services provided by you in the hair brand ambassador contract template
You will be providing product reviews for the company and then publishing them after getting approval from the company. There are certain restrictions regarding the products like selling them on unauthorized websites or gifting them. You have to declare you will not act in any way to damage the reputation of the company in your hair brand ambassador contract template.
3. Protection of trademark in the hair brand ambassador contract template
You cannot use the Company's trademark without prior consent and this needs to be stated in the hair brand ambassador contract template. As a freelance professional, you will provide assurance to the company when you include this clause.
4. Your legal status in the hair brand ambassador contract template
The hair brand ambassador contract template should state clearly that you are an independent contractor and not an employee, franchisee or partner. As a consultant, you are not on the payroll of the client. This also implies that you cannot act as a representative of the company in case of any contract.
This section of the hair brand ambassador contract template will include the provisions for any amendments that you and the client want to make in future. You can terminate the freelance contract giving a 30-day notice if you disagree with any clause in the contract should be mentioned.
6. Payment of taxes in the hair brand ambassador contract sample
As a freelancer, you will be responsible for payment of your professional taxes and filing the required returns as per law. This needs to be stated in the hair brand ambassador contract template.
7. Confidential information in the hair brand ambassador contract template
As a freelancing professional, you will have access to a lot of confidential information relating to the company. You need to declare that this confidential information will not be shared with a third party.
8. Commissions and other benefits in the hair brand ambassador contract template
The commission payable by the client to you including other benefits needs to be included in the hair brand ambassador contract template. Benefits could include free products and other privileges.
Earn more with the right contract
As a freelance hair brand ambassador, you need to ensure that you benefit from having a professional contract. If you perform well and ensure higher sales for the client, then you too should get your commissions and other perks on time. Enjoy life as a successful hair brand ambassador with foolproof contracts from Bonsai!
This Contract is between Sample Client (the "Client") and John Doe (the "Brand Ambassador").
The Contract is dated [the date both parties sign].
1. WORK AND PAYMENT.
1.1 Project. The Client is hiring the Brand Ambassador to do the following: The Brand Ambassador will assist the Client with ambassador service.
1.2 Schedule. The Brand Ambassador will begin work on August 21, 2020 and the work is ongoing. This Contract can be ended by either Client or Brand Ambassador at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Brand Ambassador a rate of $70.00 (USD) per hour. Of this, the Client will pay the Brand Ambassador $400.00 (USD) before work begins.
1.4 Expenses. The Client will reimburse the Brand Ambassador's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Brand Ambassador will invoice the Client weekly. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.
1.6 Support. The Brand Ambassador will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2. OWNERSHIP AND LICENSES.
2.1 Client Owns All Work Product. As part of this job, the Brand Ambassador is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Brand Ambassador works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Brand Ambassador hereby gives the Client this work product once the Client pays for it in full. This means the Brand Ambassador is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Brand Ambassador's Use Of Work Product. Once the Brand Ambassador gives the work product to the Client, the Brand Ambassador does not have any rights to it, except those that the Client explicitly gives the Brand Ambassador here. The Client gives the Brand Ambassador permission to use the work product as part of the Brand Ambassador's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Brand Ambassador's work and not for any other purpose. The Brand Ambassador is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Brand Ambassador's Help Securing Ownership. In the future, the Client may need the Brand Ambassador's help to show that the Client owns the work product or to complete the transfer. The Brand Ambassador agrees to help with that. For example, the Brand Ambassador may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Brand Ambassador, the Brand Ambassador agrees that the Client can act on the Brand Ambassador's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Brand Ambassador after spending reasonable effort trying to do so, the Brand Ambassador hereby irrevocably designates and appoints the Client as the Brand Ambassador's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Brand Ambassador and on the Brand Ambassador's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Brand Ambassador's IP That Is Not Work Product. During the course of this project, the Brand Ambassador might use intellectual property that the Brand Ambassador owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Brand Ambassador is not giving the Client this background IP. But, as part of the Contract, the Brand Ambassador is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Brand Ambassador cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Brand Ambassador's Right To Use Client IP. The Brand Ambassador may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Brand Ambassador to build a website, the Brand Ambassador may have to use the Client’s logo. The Client agrees to let the Brand Ambassador use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Brand Ambassador's job. Beyond that, the Client is not giving the Brand Ambassador any intellectual property rights, unless specifically stated otherwise in this Contract.
3. COMPETITIVE ENGAGEMENTS. The Brand Ambassador won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Brand Ambassador asks for permission beforehand and the Client agrees to it in writing. If the Brand Ambassador uses employees or subcontractors, the Brand Ambassador must make sure they follow the obligations in this paragraph, as well.
4. NON-SOLICITATION. Until this Contract ends, the Brand Ambassador won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Brand Ambassador puts out a general ad and someone who happened to work for the Client responds. In that case, the Brand Ambassador may hire that candidate. The Brand Ambassador promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Brand Ambassador Has Right To Give Client Work Product. The Brand Ambassador promises that it owns the work product, that the Brand Ambassador is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Brand Ambassador uses employees or subcontractors, the Brand Ambassador also promises that these employees and subcontractors have signed contracts with the Brand Ambassador giving the Brand Ambassador any rights that the employees or subcontractors have related to the Brand Ambassador's background IP and work product.
5.4 Brand Ambassador Will Comply With Laws. The Brand Ambassador promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Brand Ambassador promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Brand Ambassador has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Brand Ambassador has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Brand Ambassador if the Brand Ambassador has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Brand Ambassador with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
6. TERM AND TERMINATION. This Contract is ongoing, until ended by the Client or the Brand Ambassador. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Brand Ambassador must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Brand Ambassador for the work done up until when the Contract ends and will reimburse the Brand Ambassador for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
7. INDEPENDENT CONTRACTOR. The Client is hiring the Brand Ambassador as an independent contractor. The following statements accurately reflect their relationship:
- The Brand Ambassador will use its own equipment, tools, and material to do the work.- The Client will not control how the job is performed on a day-to-day basis. Rather, the Brand Ambassador is responsible for determining when, where, and how it will carry out the work.- The Client will not provide the Brand Ambassador with any training.- The Client and the Brand Ambassador do not have a partnership or employer-employee relationship.- The Brand Ambassador cannot enter into contracts, make promises, or act on behalf of the Client.- The Brand Ambassador is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).- The Brand Ambassador is responsible for its own taxes.- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Brand Ambassador or any of the Brand Ambassador's employees or subcontractors.
8. CONFIDENTIAL INFORMATION.
8.1 Overview. This Contract imposes special restrictions on how the Client and the Brand Ambassador must handle confidential information. These obligations are explained in this section.
8.2 The Client’s Confidential Information. While working for the Client, the Brand Ambassador may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Brand Ambassador promises to treat this information as if it is the Brand Ambassador's own confidential information. The Brand Ambassador may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Brand Ambassador use a customer list to send out a newsletter, the Brand Ambassador cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Brand Ambassador written permission to use the information for another purpose, the Brand Ambassador may use the information for that purpose, as well. When this Contract ends, the Brand Ambassador must give back or destroy all confidential information, and confirm that it has done so. The Brand Ambassador promises that it will not share confidential information with a third party, unless the Client gives the Brand Ambassador written permission first. The Brand Ambassador must continue to follow these obligations, even after the Contract ends. The Brand Ambassador's responsibilities only stop if the Brand Ambassador can show any of the following: (i) that the information was already public when the Brand Ambassador came across it; (ii) the information became public after the Brand Ambassador came across it, but not because of anything the Brand Ambassador did or didn’t do; (iii) the Brand Ambassador already knew the information when the Brand Ambassador came across it and the Brand Ambassador didn’t have any obligation to keep it secret; (iv) a third party provided the Brand Ambassador with the information without requiring that the Brand Ambassador keep it a secret; or (v) the Brand Ambassador created the information on its own, without using anything belonging to the Client.
8.3 Third-Party Confidential Information. It’s possible the Client and the Brand Ambassador each have access to confidential information that belongs to third parties. The Client and the Brand Ambassador each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Brand Ambassador is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
9. LIMITATION OF LIABILITY. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Brand Ambassador or both. For example, if the Client gets sued for something that the Brand Ambassador did, then the Brand Ambassador may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Brand Ambassador agrees to indemnify the Client (and its affiliates and its and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Brand Ambassador has done under this Contract; (ii) a breach by the Brand Ambassador of its obligations under this Contract; or (iii) a breach by the Brand Ambassador of the promises it is making in Section 5 (Representations).
10.3 Brand Ambassador Indemnity. In this Contract, the Client agrees to indemnify the Brand Ambassador (and its affiliates and its and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Brand Ambassador. The Brand Ambassador cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Brand Ambassador's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Brand Ambassador must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Brand Ambassador must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of Nebraska govern the rights and obligations of the Client and the Brand Ambassador under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
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