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888, LLC Independent Contractor Agreement

     This Independent Contractor Agreement (hereinafter "Agreement") entered into this day, by and between 888, LLC d/b/a LMS (hereinafter "LMS") and yourself (hereinafter "Independent Contractor") and collectively as the "Parties" as follows:

     WHEREAS LMS is engaged in the business of monitoring parking lots for trespassing vehicles and immobilizing trespassing vehicles, removing immobilization devices in a timely manner and other parking lot related activities;

     WHEREAS Independent Contractor wishes to assist LMS in monitoring parking lots, immobilizing vehicles and other parking lot management related activities;

     NOW THEREFORE the Parties agree for good and valuable consideration, the delivery and sufficiency of such has been acknowledged by the Parties agree to the following terms and conditions:

  1.      Employment:  LMS agrees to hire the services of Independent Contractor as an independent contractor upon the terms and conditions of this Agreement.  Independent Contractor agrees to become an independent contractor for LMS and performing such tasks as required in this contract and that may otherwise be required by LMS.

  2.      Duties:  Independent Contractor agrees to perform various duties for LMS including but not limited to monitoring parking lots for trespassing vehicles, immobilizing trespassing vehicles, responding to telephone calls to remove immobilization devices, taking payment, calling tow trucks and other parking lot management activities.

  3.      Identification:  Independent Contract agrees to wear clothing with a LMS logo and/or insignia on it while engaged in parking lot management activities on behalf of LMS.  Independent Contractor agrees to display on any vehicle they utilize for parking lot management for LMS a sign identifying them as operating for LMS.  In addition, Independent Contractor agrees to display any other forms of identification including name badges as required by any state law, county ordinance or town ordinance.

  4.      Rent:  Independent Contractor agrees to rent from LMS all immobilization devices used for parking lot management for the sum of $1 per year.  Upon termination of this Agreement, Independent Contractor agrees to immediately return all of the following devices provided by LMS to Independent Contractor for parking lot management including:
    -Immobilization Devices (Wheel Locks & Chains) - $125.00 (Per Device)
    -Custom Keys for Immobilization Devices - $500.00 (Per Key)
    -Body Camera - $150.00
    -Uniform (Shirt & Hat) - $20.00
    -ID Badge - $20.00
    -Vehicle Magnets - $50.00 (Per Magnet)


  5.      Compensation:  LMS agrees to compensate Independent Contractor an agreed upon sum per lock that the Independent Contractor installs or removes from each unauthorized parked vehicle.

  6.      Handling of Monies:  Independent Contractor understands and acknowledges that he/she will be entrusted with funds belonging to LMS.  Independent Contractor agrees to ensure these funds are fully turned over to LMS when required.  Independent Contractor agrees to provide an accurate accounting of all immobilizations they perform and report those numbers to LMS.  Independent Contractor agrees to record and turn over all information that LMS requires while immobilizing vehicles.

  7.      Work Schedules:  Independent Contractor is free to work any hours that Independent Contractor chooses within the confines of time limits predetermined by the individual property managers and LMS.  Independent Contractor agrees that amount of work available may be contingent upon Independent Contractor's availability and willingness to work especially during peak hours of operation.  Independent Contractor does agree to either be on call for all immobilization devices that Independent Contractor attaches or takes over, or to turn over the locations to LMS of all immobilization devices still installed when Independent Contractor decides to cease working for that time period.

  8.     Compliance:  Independent Contractor agrees to comply with all Federal, State, County and Municipal laws and regulations regarding immobilization devices, towing or any other service Independent Contractor is providing on behalf of LMS.

  9.      Taxes:  Independent Contractor acknowledges and understands that he/she is responsible for all Federal, State and Local taxes in regards to their employment.  Independent Contractor further acknowledges that they are an independent contractor as defined by the Federal Tax Code and the Affordable Care Act and as such LMS will not be withholding any employment taxes from payments made to Independent Contractor or providing any healthcare benefits.

  10.      Presentation:  Independent Contractor agrees that while carrying out duties for LMS that Independent Contractor will present themselves to the public in a clean and respectful manner and further Independent Contractor agrees to engage the public in a polite and courteous manner.

  11.      Covenant Not to Compete:  Independent Contractor acknowledges and agrees that during their contract with LMS that they will be privy to proprietary information owned by LMS, including but not limited to relationships with parking lot owners, procedures and pricing models.  As a material inducement to entering into this agreement Independent Contractor agrees not to compete against LMS for a period of two (2) years from the date of termination and for a radius of 50 miles from the city limits of any city, town or municipality that the Independent Contractor operated in because of this Agreement on behalf of LMS.  This Covenant Not to Compete survives the termination of this Agreement regardless of who terminates this Agreement.  Independent Contractor acknowledges and agrees that any violation of this covenant is difficult to determine actual damages therefore Independent Contractor and LMS agree that damages shall be fixed at the rate of $500.00 a day for each violation of this Covenant.

  12.      Termination:  This Agreement can be terminated at any time by either party.  Upon termination, Independent Contractor agrees to immediately turn over all leased equipment, clothing, information or any other documents or goods owned by LMS.  

  13.      Governing Law:  This Agreement shall be governed by the laws of the State of North Carolina and the proper venue to enforce this Agreement and/or its Covenant Not to Compete shall be in courts of Watauga County, North Carolina.

  14.      Attorney's Fees:  If LMS has to employ an attorney to enforce any part of this Agreement, including the Covenant Not to Compete, then LMS shall be entitled to recover their costs and reasonable attorney's fees in the event that they recover any amount against Independent Contractor.

  15.      Construction and Interpretation:  LMS and Independent Contractor acknowledge and agree that each has had the opportunity to review this Agreement by themselves and with their attorneys and they further agree that this should this document have to be interpreted by any court of law then it shall be interpreted as if drafted by both sides and will not be more constrictly construed against one as to the other.

A copy of this Agreement will be emailed to the address provided below for your records.

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