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Your new career as a professional travel agent awaits you!
Please read terms and agreements before signing up. You will also be required to mail in a signed copy.
Sign up link is at the bottom of the page.
You will find that it is very affordable to start your own homebased travel business. You are in business for yourself, but we are here to help you every step of the way!!
Start up fee: $99.99
Monthly website and E&O Insurance costs: $33.95
$33.95 a month for your website and E&O insurance. The monthly fee of $33.95 for your website and E&O coverage is waived if you are making $10,000 per month in commissions.
Total to get your new career started is $133.94
We will also need you to fill out a W-9, before we can send you a pay check. We will e-mail this to you along with our terms and agreements. You will need to sign both and return to us.
Terms and agreements
INDEPENDENT CONTRACTOR AGREEMENT
This “Misty Escapes Travel” AGREEMENT is entered into between Misty Escapes Travel., hereinafter referred to as Misty Escapes, having its principal place of business at 504 East 14th St, Chickamauga, GA 30707, and the Independent Contractor indicated below, hereinafter referred to as the Independent Contractor.
1. Term of Agreement – Misty Escapes Travel hereby retains the Independent Contractor to act as an independent outside salesperson and the Independent Contractor agrees to act in such a capacity on behalf of Misty Escapes Travel for a period of one year from the date of this agreement. Unless either party serves the other with written notice 30 days prior to cancelling the services. At the end of that period, the contract shall automatically be extended for an additional one (1) year, unless either party serves the other with written notice 30 days prior to the expiration date of their intention not to renew. The monthly fees are terminable prior to the Independent Contractor Agreement expiration at the will of either party, by giving 30 days notice. Termination must be made in writing, signed by you, and mailed to me. Terminations via e-mail will not be allowed and or accepted.
2. Duties of Independent Contractor - The Independent Contractor is hereby retained by Misty Escapes Travel as a self-employed business person to sell travel and travel services to the public on behalf of Misty Escapes Travel.
3. Fees – Sign Up fee of $99.99, and a $33.95 monthly fee, and no annual renewal fees.
A.) We do charge a fee of $29.99 for any declined debit/credit card.
Your monthly payment will be charged to your credit card every month on the date of your sign up.
4. Compensation of Independent Contractor – As compensation for the services rendered under this Agreement, the Independent Contractor shall be entitled to 80% - 90% of the point of sale commissions generated by Independent Contractor and received by Misty Escapes Travel. For complete details of the commission plan, see Attachment “A”.
5. In General – For purposes of earning the IATAN card, Misty Escapes Travel shall report for the Independent Contractor 100% of the Gross Commissions received by Misty Escapes Travel for sales of travel or services by the Independent Contractor.
6. Commission Compensation - The net commission is defined as the commission to Misty Escapes Travel and minus any commissions rebated to a commercial account or individual client. The Independent Contractor shall not enter into any rebating agreement, or other agreement, on behalf of Misty Escapes Travel without the written consent of Misty Escapes Travel. Any gifts, administration fees, ticketing fees, CRS charges, delivery fees, accounting research fees, debit memos, charge backs, etc. will be deducted from the agents commissions.
7. Agency to Receive All Commissions - The Independent Contractor agrees that all check and cash monies are to be transacted through Misty Escapes Travel and never directly to the supplier when using Misty Escape’s Travel’s host suppliers ARC, IATAN, CLIA, or other Misty Escapes Travel’ host suppliers Booking Identification Number. In the event an Independent Contractor or his/her clients send any monies directly to the supplier for booking made using Misty Escapes Travel host suppliers ARC, IATAN, CLIA, or Booking Identification Number, this Independent Contractor Agreement will be deemed in breach and may be terminated. All credit card transactions are to be transacted and processed by the Independent Contractor directly with the supplier/vendor. If the Independent Contractor authorizes or requests any supplier/vendor to send commission directly to the Independent Contractor when using Misty Escapes Travel host suppliers ARC, IATAN, CLIA, or Booking Identification Number, by passing Misty Escapes Travel, this Independent Contractor Agreement will terminate immediately and Independent Contractor will forfeit any and all unpaid commissions.
While the Independent Contractor is free to do business with any entity or individual, Misty Escapes Travel shall receive all of the commission paid by any supplier for any sale in which the Independent Contractor uses Misty Escapes Travel’s host suppliers ARC, IATAN, CLIA, or Booking Identification Number to process the sale. The commissions will then be paid to the Independent Contractor.
8. Method of Payment - Independent Contractor shall be paid monthly by Misty Escapes Travel. Misty Escapes Travel shall, within 15 days of the end of each month, provide Independent Contractor with a statement of all commissions earned and paid to Misty Escapes Travel in the previous month, and all deducted monthly fees, applicable GDS fees, and expenses directly attributable to those sales as outlined above, accompanied by payment for Independent Contractor's share of those commissions earned. For purposes of qualifying for the IATAN card Misty Escapes Travel shall report gross earning to the IRS (Form 1099) for the Independent Contractor and pay net to Independent Contractor (minus expenses).
9. Examination of Books - The Independent Contractor shall have the right, either personally or by accountant retained and paid by the Independent Contractor, at times mutually convenient to Misty Escapes Travel and the Independent Contractor, but in any event at least once during each half of the calendar year, to examine books and accounts of Misty Escapes Travel insofar as they relate to transactions affecting the amount of the Independent Contractor's compensation.
10. Independent Contractor Will Provide Their Own Business Supplies and Be Responsible for Their Own Expenses - Independent Contractor shall provide his/her own business cards and other promotional materials and shall otherwise be responsible for all expenses incurred in performing his/her duties under this Agreement.
11. Place of Work - The Independent Contractor may choose where the work is to be performed, is not required to work on the premises of Misty Escapes Travel, and is not required to answer the phones, or perform any other duties at Misty Escapes Travel offices.
12. Hours - Independent Contractor may work whatever hours he/she desires. No fixed hours may be required by Misty Escapes Travel. The Independent Contractor shall not be required to attend office meetings or office training sessions.
13. Risk of Loss/Profit Potential - Independent Contractor assumes the risk of incurring a loss if his/her share of sales commissions does not cover the Independent Contractor's expenses. Similarly, Independent Contractor enjoys the right to earn a profit yielded by commissions shared pursuant to this Agreement.
14. No Entitlement to Vacation or Health Benefits as Independent Contractor - As a self-employed individual, the Independent Contractor shall not receive or earn any vacation or sick pay from Misty Escapes Travel and is not covered under the agency's medical or dental plan.
15. Ability to Hire Assistants - Independent Contractor retains the right to employ assistants that he/she may require at the Independent Contractor's expense. Any assistant hired by the Independent Contractor may not be a booking/sub-agent. Should Independent Contractor require sub-agents then Independent Contractor must be enrolled in the Misty Escapes Travel Program. It is the responsibility of the Independent Contractor to pay his/her employees.
16. Independent Contractor Shall Be Responsible for Filing of Federal, State, and Local Estimated Payments on Commissions Received from Misty Escapes, and for Other Assessments.
Independent Contractor agrees to be fully responsible for complying with all federal, state, and local laws in connection with performance of this Agreement, including, but not limited to, payment of any estimated or other federal, state, or local income taxes, payment of applicable charges for social security, FICA, worker's compensation and obtaining any required state or local licenses or registration as a self-employed seller of travel/Independent Contractor. Independent Contractor is also responsible for taxes and Social Security for any employee(s).
Independent Contractor agrees to indemnify and hold Misty Escapes Travel harmless for any assessments against Misty Escapes Travel because of any failure by Independent Contractor to properly pay federal, state, or local income taxes (including estimated tax payments) and file returns in connection therewith, or to pay social security, FICA, or worker's compensation.
17. Misty Escapes Travel and Independent Contractor Responsibility Related to Website Access – Misty Escapes Travel or it’s host agency is not responsible or liable for any direct or indirect loss of business or inconveniences resulting from malfunctions, failures, downtime or maintenance of any hardware, software, web page hosting, telephone lines, cable lines, intranet or internet. All computer hardware and software is provided by third party vendors or suppliers and is not the responsibility of Misty Escapes Travel or it’s host agency. Neither party shall be responsible for downtimes, delays, software failures or nonperformance caused by acts of God or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of that party.
18. Ownership of Customers - The parties acknowledges that all customers introduced to Misty Escapes Travel by the Independent Contractor are and shall remain the property of the Independent Contractor. Those clients that were introduced to the Independent Contractor by Misty Escapes Travel are and shall remain the property of Misty Escapes Travel. If the Independent Contractor shall cease to be associated with Misty Escapes Travel for any reason, all customers of the Independent Contractor, other than those introduced by Misty Escapes Travel, shall be free to continue doing business with the Independent Contractor independently, or through any other Travel Agency.
19. Events Causing Termination - This Agreement is terminable prior to its expiration at the will of either party, by giving 30 days notice, following are additional grounds for termination:
(a) the occurrence of circumstances that make it impossible or impractical for the business of Misty Escapes to continue;
(b) the death of the Independent Contractor;
(c) the willful or negligent breach of duty by the Independent Contractor in the course of his/her performance under this Agreement;
(d) the continued incapacity on the part of the Independent Contractor to perform his/her duties;
(e) the desire of the Independent Contractor to discontinue doing business with Misty Escapes;
(f) the desire of Misty Escapes Travel to discontinue doing business with the Independent Contractor.
20. Non-Continuance of Agreement – Misty Escapes Travel, reserves the right to change, revoke or cancel this agreement at any time with the Independent Contractor for: A) Misrepresentation, Dishonesty, Fraud, Unprofessional Activities, and Inappropriate Conduct. B) Violation of ethics which could be damaging to the profitability, image and integrity of Misty Escapes Travel. C) The occurrence of circumstances that make it impossible or impracticable for the business of Misty Escapes Travel. to continu0e. D) The willful or negligent breach of duty by the Independent Contractor in the course of his/her performance under the Agreement. E) The continued incapacity on the part of the Independent Contractor to perform his/her duties. F) Failure to comply with California Sellers of Travel Law as currently written and/or amended. G) Failure to comply with any State or Government which has a Sellers of Travel Law as written and/or amended. H) If the Independent Contractor or their clients send any monies directly to the supplier/vendor, this Independent Contractor Agreement will terminate immediately. I) If the Independent Contractor authorizes or requests any supplier/vendor to send commission directly to the Independent Contractor by passing Misty Escapes Travel, this Independent Contractor Agreement will terminate immediately. Should the Independent Contractor be terminated for any of the reasons listed above or any other unlawful act, the Independent Contractor will forfeit all unpaid commissions and all stock options not previously issued.
21. Seller-Of-Travel Law - If the Independent Contractor operates, sells or markets in a State that has a Sellers of Travel Law, the Independent Contractor agrees to abide by those applicable laws as currently written and/or amended. It is the responsibility of the Independent Contractor to check with the applicable government authority regarding these consumer protection laws.
22. Non-Disclosure, Non-Disruption and Confidentiality - The Independent Contractor understands and agrees in return for receiving any information or materials written, verbal, or electronic concerning Misty Escapes Travel and/or its affiliates, agrees to keep secrets and not to divulge, disclose or communicate, either directly or indirectly, to any person, firm, partnership, corporation or any other entity whatsoever any information concerning the matters effecting or relating to the business of Misty Escapes Travels and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising procedures, past or present employees, past, present pending clients, agents, subcontractors and affiliates, recruitment and training plans, agent commission programs, daily operations, corporate policies and procedures, supplier and vendor commission and override contracts or any other agreements with these suppliers and vendors, and any other information that Misty Escapes Travels and its affiliates may deem confidential. The Independent Contractor agrees not to act, or fail to act in any manner either directly or indirectly, that may cause the disruption of business, direct any business away from, and/or to cause discord to the business of and/or business relationships of Misty Escapes Travel and/or its affiliates. Any such breach will result in immediate termination and forfeiture of unpaid commissions.
23. Effect of Termination on Compensation - In the event of the termination of this Agreement prior to the completion of its term specified herein, without cause, the Independent Contractor shall be entitled to the compensation earned by him/her prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date; the Independent Contractor shall be entitled to no further compensation as of the date of termination. All unvested bonuses will be cancelled upon termination of this agreement.
24. Time Limit for Claiming Commissions After Date of Termination - All claims of the Independent Contractor for commission on sales, regardless of whether the sales are made by the Independent Contractor or others, are waived by the Independent Contractor if not made within sixty (60) days of the date of termination.
25. Remedies - Any controversy or claim arising out of or relating to this Agreement shall be settled by the courts of Walker County, GA.
26. Attorney's Fees and Costs - If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which he/she may be entitled.
27. Partial Validity - If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
28. Law Governing Agreement - This Agreement shall be governed by and construed in accordance with the laws of California.
29. Non-Assignability - This is a personal service agreement that shall not be assignable by the Independent Contractor without the written consent of Misty Escapes Travel.
30. Amendment of Contract – Misty Escapes Travel may make amendments and/or changes to this Agreement at any time 30 days in advance of the effective date by posting the amendments and/or changes on the “Agent Only” extranet “host support site or the agents only website” and by electronic notification (e-mail). Amendments and/or changes to the contract shall effective automatically 30 days after posting and electronic notification. Amendments and/or changes to the contract will not apply to any bookings made prior to the effective date of such changes provided that the Independent Contractor has entered the booking into the booking notification system or a Misty Escapes Travel approved booking system. Independent Contractor will have 10 days to provide Misty Escapes Travel with written notice of termination of the Independent Contractor Agreement. Independent Contractor’s failure to provide written notice of termination of this new Agreement within 10 days of the effective date of such amendment and/or changes will indicate that the Independent Contractor is agreeing to abide by the terms and conditions of the new Agreement.
31. Complete Agreement; Modification or Waiver - This agreement represents the complete understanding of the parties with respect to the described Independent Contractor relationship. No waiver, amendment, or change of any provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver
Attachment A
Misty Escapes Travel Compensation for inexperienced agents
Take advantage of the most lucrative and highly rewarding compensation plan in the Travel Industry. Earn 80% of the Commission.
Sign Up fee of $99.99, and a $33.95 monthly fee, and no annual renewal fees
(For experienced travel agents) You must provide proof!
• No sign-up fees, a $33.95 monthly fee and, no annual renewal fees
The free leads with the sign up fee will not be given to the experienced agents, since no sign up fee is being paid.
• Agents receive 80% - 90% of their commissions
80% for the first $10,000 in gross commissions
90% for everything over $10,000 in gross commission
(commissions are reset every January 1)
• IATAN and CLIA card for qualifying agents
If Independent Contractor terminates prior to the closing of the year or Independent Contractor fails to renew the Agreement, Independent Contractor will forfeit all bonuses.
08/16/08 ~ Revised
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