Homepage / Printable Tattoo Shop Artist Agreement Template
Article Map

The Tattoo Shop Artist Agreement form is a crucial document that establishes the working relationship between a tattoo artist and a tattoo shop. This agreement outlines the terms under which the artist operates as an independent contractor, detailing the responsibilities and rights of both parties. Key components include the commission structure, which specifies the percentage of income the artist will earn from the tattoos they create, as well as the payment schedule. It clarifies that the artist is not considered an employee, thus relieving the shop of certain tax obligations and benefits typically associated with employment. The agreement also includes provisions for termination, ensuring that either party can end the relationship under specified conditions. Additionally, it addresses liability, requiring the artist to indemnify the shop against claims arising from their work. The document emphasizes the importance of mutual consent for any amendments and highlights the necessity for arbitration in case of disputes. Overall, this agreement serves as a comprehensive framework for a professional and mutually beneficial partnership in the tattoo industry.

Common mistakes

  1. Leaving Dates Blank: Failing to fill in the start date of employment can lead to confusion regarding the agreement's validity and timeline.

  2. Incorrect Commission Percentage: Entering the wrong commission percentage may result in financial disputes later on. Double-check this figure to ensure accuracy.

  3. Missing Address Information: Omitting the full street address, city, county, state, and zip code for both the artist and the company can complicate identification and communication.

  4. Not Specifying Payment Schedule: Forgetting to indicate how often commissions will be paid can lead to misunderstandings about when payments are expected.

  5. Misunderstanding Independent Contractor Status: Artists may mistakenly believe they are employees, which can affect tax responsibilities and benefits eligibility.

  6. Ignoring Termination Clauses: Not paying attention to how the agreement can be terminated might leave one party vulnerable to unexpected termination.

  7. Failing to Sign and Date: Neglecting to provide signatures and dates at the end of the agreement invalidates it. Ensure all parties sign and date appropriately.

  8. Overlooking Governing Law: Not specifying the governing state law can create complications if disputes arise, as laws vary significantly by state.

Key takeaways

When filling out and using the Tattoo Shop Artist Agreement form, keep these key takeaways in mind:

  • Understand Your Status: The agreement clearly states that the artist is an independent contractor, not an employee. This distinction affects tax responsibilities and benefits.
  • Commission Structure: Familiarize yourself with the commission rate and payment schedule. Know how much you will earn and when you will receive payments.
  • Expense Responsibility: The artist is responsible for all personal expenses related to their work. The company only pays the agreed commission.
  • Termination Clause: Be aware of how the agreement can be terminated. Both parties can end the contract with written notice.
  • Indemnification: The artist agrees to protect the company from any claims or damages arising from their work. Understand the implications of this clause.
  • No Assignment: Neither party can transfer their rights or obligations under the agreement without written consent from the other party.
  • Governing Law: Know which state laws govern the agreement. This can affect how disputes are resolved.
  • Complete Agreement: This document is the full agreement between the parties. Previous discussions or agreements do not apply unless included in this document.

Tattoo Shop Artist Agreement Example

Employment Agreement with Tattoo Artist as an Independent Contractor

Agreement made on the ____ day of _________________________, 20____, between

____________________________________________ (Artist) of ___________________

______________________________________________________________________________

__________________________________________(street address, city, county, state, zip code),

referred to herein as Artist, and _________________________________________________

(Company), a corporation organized and existing under the laws of the state of

____________________________________, with its principal office located at _____________

______________________________________________________________________________

_________________________________________________________________ (street address,

city, county, state, zip code), referred to herein as Company.

Whereas, Artist is a Tattoo Artist and is looking for locations where he can service clients; and

Whereas, Company has a shop where tattoos are created for customers; and

Whereas, Company desires to hire Artist to create tattoos at Company’s shop;

Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1.Company agrees to employ Artist as an independent contractor beginning

_________________________________________ (date) and continuing until termination in accordance with Section 5. Artist accepts employment with Company on the terms and conditions set forth in this Agreement, and agrees to act as an independent contractor to create tattoos for customers at Company’s shop located at ____________________________________

______________________________________________________________________________

_________________________________________ (street address, city, county, state, zip code).

2.In consideration of all services to be rendered by Artist for the benefit of Company, Company shall pay to Artist a commission of ______% of income charged and collected by Artist for creating tattoos for customers at Company’s Shop. Commissions will be paid on the

____________________________________________________ (e.g., first day of each month). All compensation shall be paid to Artist without deductions for taxes or other withholding, and Artist shall be responsible for all taxes as set forth in Paragraph 3 below.

3.Artist agrees that he is not an employee of Company for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Artist agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount paid by Company to Artist. As an independent contractor Artist is not eligible to participate in any of the Company’s fringe benefit programs.

4.Artist shall pay all of his own expenses in connection with this Agreement. The only obligation of Company is to pay the applicable commission specified in this Agreement. This Agreement shall become effective on the date stated above, and shall remain in effect for a period of ___________________________________ (e.g., number of weeks, months, or years) unless terminated for breach or as provided in this Agreement.

5.This Agreement may be terminated by mutual agreement of Company and Artist or by written notice of either of the parties to the other party of an intention to terminate the Agreement. Any such written notice shall serve automatically to terminate this Agreement

__________ (number) days after the date such notice is sent to the other party via certified or registered mail.

6.Artist agrees to indemnify and hold harmless Company, its agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of performance of the obligations of Artist under this Agreement that are caused in whole or in part by Artist’s negligent act or omission.

7.Assignment of Contract

Neither of the parties may assign this Agreement or any rights under the Agreement

without the prior written consent of the other party.

8.Governing Law

The parties agree that this agreement shall be governed by and construed pursuant to the

laws of _______________________________________________ (state).

9.Entire Agreement

This Agreement is the complete and exclusive statement of the mutual understanding of

the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement.

10.Amendment

The parties agree that they may amend this Agreement only by a written agreement duly

executed by persons authorized to execute agreements on behalf of the parties.

11.Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

WITNESS our signatures as of the day and date first above stated.

____________________________________

COMPANY

_______________________________________

By_________________________________

OWNER

____________________________________

 

(Name and Office in Corporation)

Understanding Tattoo Shop Artist Agreement

What is the purpose of the Tattoo Shop Artist Agreement form?

The Tattoo Shop Artist Agreement form establishes a clear understanding between the tattoo artist and the company. It outlines the terms of employment, the nature of the relationship (independent contractor), and the compensation structure. This agreement ensures that both parties are on the same page regarding expectations, responsibilities, and legal obligations.

How is compensation structured in this agreement?

Compensation for the artist is based on a commission percentage of the income generated from the tattoos created. The specific percentage is defined in the agreement. Payments are made on a regular schedule, such as monthly, and all compensation is given without tax deductions. The artist is responsible for managing their own taxes, which is an important aspect of being classified as an independent contractor.

What are the responsibilities of the artist under this agreement?

The artist is responsible for:

  1. Creating tattoos for customers at the company's shop.
  2. Covering all personal expenses related to their work.
  3. Paying all applicable taxes associated with their earnings.
  4. Indemnifying the company against claims or damages arising from their actions while performing their duties.

These responsibilities ensure that the artist maintains professionalism and accountability in their work.

Can the agreement be terminated, and how?

Yes, the agreement can be terminated either by mutual consent or through written notice from one party to the other. The notice period is specified within the agreement, and termination becomes effective a certain number of days after the notice is sent. This process allows for a clear and respectful exit for both parties.

The agreement includes several legal protections for both parties. For instance, it stipulates that the artist is not an employee, which limits the company's liability regarding employment taxes and benefits. Additionally, the indemnification clause protects the company from claims arising from the artist's negligent actions. Such provisions help safeguard both parties' interests.

What happens if there is a dispute?

In the event of a dispute, the agreement mandates that the matter be resolved through binding arbitration. This means that both parties will present their case to an arbitrator, who will make a decision that is legally binding. This approach can often be quicker and less costly than going through the court system, providing an efficient way to resolve conflicts.

How to Use Tattoo Shop Artist Agreement

Filling out the Tattoo Shop Artist Agreement form is a straightforward process that requires careful attention to detail. This agreement outlines the relationship between the tattoo artist and the company, ensuring both parties understand their rights and responsibilities. Follow the steps below to complete the form accurately.

  1. Start by entering the date at the top of the form where it says "____ day of _________________________, 20____."
  2. Fill in the name of the artist in the space provided: "____________________________________________ (Artist)."
  3. Provide the artist's street address, city, county, state, and zip code in the designated area.
  4. Next, enter the name of the company: "_______________________________________________ (Company)."
  5. Indicate the state where the company is organized and existing in the space provided.
  6. Fill in the company's principal office address, including street address, city, county, state, and zip code.
  7. Specify the date the artist will begin working with the company: "_________________________________________ (date)."
  8. In the section about commission, write the percentage the artist will receive: "______%."
  9. Indicate how often commissions will be paid (e.g., "first day of each month").
  10. In the section about the duration of the agreement, write the length of time it will remain effective (e.g., number of weeks, months, or years).
  11. Determine the number of days' notice required for termination and fill in the blank: "__________ (number) days."
  12. Finally, sign the form where indicated, and include the name and office of the owner of the company.