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As an independent contractor, you should be just that. Independently. So, if there is a non-competition clause in your contract, it could be a cause for surprise. Well, what you can expect in an IC travel agency contract. There are also a few things you don`t want to see in a contract. Some qualities that should put your Spidey senses on alert. Here are some red flags to watch out for, according to Lobasso: 3) What rights does the host have to deduct direct debit fees, refunds, etc. from your sharing? Typically, standard agreements require hosts to indemnify them for any liability you create, whether or not you`re at fault. Not all independent travel agency contracts are created equal. Like any business, hospitality agencies vary in size and amount of resources at their disposal. They may not spend most of their time creating the perfect contract for their integrated circuits. Independent travel agency contracts are not a one-time business (just like hosts!).
Between Janice Nobliski (Agency Owner)Legal Owner, acting as (Agency Name) M&J Travel Services, LLC A host travel agency located at: (Address) 6337 Mount Palomar Ave., Las Vegas, Nevada, 89139_ hereinafter referred to as a travel agency, and (Insert agent`s name)_ How do I know if this is clear enough? Lobasso`s advice is: "Ask someone who knows nothing about how your business works to review the commission plan and then explain how it works and how much the entrepreneur would earn if he sold a certain amount. If the commission cannot be calculated solely on the basis of what appears on the printed page, this is a fairly good indication that the structure as it was designed is not clear enough and that the revisions are good. Q: I am a home agent hosted by a physical agency. Could you give me some advice on the changes I should ask for to the standard "independent contractor" agreement that my host sent me? Not too shabby, right? Membership is $199 for independent agents who sell less than 1 million trips per year, and $345 for members who sell above this threshold. And if you want to explore more legal resources on the site, you can make a detour here. 10) Are your rights to discounted travel, air travel and other travel, if any, set out in the contract? The Independent Contractor agrees to assume full responsibility for compliance with all federal, state, and local laws relating to the performance of this Agreement, including, but not limited to, the payment of estimated or local federal, state, or local income taxes, payment of Social Security, FICA, Workers` Compensation, and receipt of any required state or local income taxes. local licenses or registration as an independent travel seller/independent contractor outside the seller. The Independent Contractor agrees to indemnify and hold harmless the Travel Agent for all assessments against the Travel Agent for failing to properly pay federal, state or local income taxes (including estimated tax payments) and to file returns in connection therewith or to pay Social Security, THE FCIA or Workers` Compensation. As I said before, I am far from being a lawyer. I would like to express my sincere thanks to Peter Lobasso (a true lawyer) and Jackie Friedman (President of Nexion Travel Group) who generously contributed their industry expertise! Special thanks to Mark Pestronk for providing a sample contract that you can use for your own purposes! Thank you three for sharing trade secrets (and making me look 100 times smarter than I really am when it comes to travel agency contracts).
This may not apply to many agents at home. But if you are the exception, not the rule (you rebel, you), the rental price must be clearly indicated in your contract, with a breakdown of equipment (desk, chair, etc.) and services (e.B. internet). According to Anita Pagliasso, President of PATH: "To the extent required by PATH in an IC agreement, there are model contracts published by ASTA with guidelines that contain terms, conditions and commission details that are clearly stated. We have provided PATH members with a copy of the agreement recommended by ASTA. Lobasso warns agents against complicated compensation structures: "It is in the interest of both parties that the compensation structure is as simple and clear as possible... Disputes often arise because the terms of the commission were unnecessarily complicated or virtually indecipherable. In some cases, it is intentionally formulated to get the contractor to sign it without really understanding how unfavorable the conditions were. "B.
Obligations of the Independent Contractor. The independent contractor is mandated by the travel agency as an independent contractor to sell travel and travel services to the public on behalf of the travel agency. Do you have any ideas? Would you like to share your experience with independent travel agency contracts? Share your findings in the comments below! Are certain terms used that are not defined in the agreement? Are the deadlines for the performance of the parties` obligations clearly indicated? (For example, if the IC receives a commission.) Here`s a list of topics you should consider and questions you should be able to answer after reviewing your independent travel agency contract: 11) Are you allowed to work with other agencies or do you just need to work with the host? Contrary to popular belief, exclusivity clauses do not automatically lead to a reclassification of the independent contractor relationship by the IRS, as the IRS does not view exclusivity as a red flag. .
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