Spies In Disguise - Shoppers Apply Form

Application
for
Independent Contractors

Personal Information

First Name Init Last Name

Street Apt#

City State Zip
*Canada shoppers enter ON or QB for the State and 00000 for the zip or the
closest US Zip code to you.

Date of Birth //

Email Address

Home Phone Home Fax

If you are accepted as a shopper, please enter a password that you would like to use when logging in:
Password

Statistical Information
How did you hear about us? (Help us better track where to recruit new shoppers by being as specific as possible)!
If referred by another Spies in Disguise shopper, what is their Shopper ID#?	Leave as 0 if not referred.
Please give us a writing sample regarding a recent experience at a restaurant or retail establishment (min 150 characters):
Briefly describe your mystery shopping background (If any):
Tell us about yourself (min 150 characters):

Availability
Please list the cities that you can shop (separate with commas):
Weekdays:	Anytime Daytime Only Evenings Only
Weekends:	Anytime Daytime Only Evenings Only

Employment Information
Current Occupation:
Current Employer:
May we contact you at work? Yes No
Work Phone: Work Fax:

Optional Information

The Following questions are not required. However certain clients may require certain shopper criteria that this information will be used for.

Are you willing to perform bar audits? Yes No Sometimes
Some of these shops require adults from age 21-29. Please mark either of these boxes if they apply: I am age 21-29 I know someone I can bring age 21-29.

Some of our clients require children to accompany you. Do you have any or have access to any to borrow? Yes No
Number of children
Ages of children (mark all that apply) 0-2 3-5 6-8 9-1213-17

How many mystery shops have you performed (all companies) in the last year?

What mystery shopping company (if experienced shopper) would currently give you high marks for timeliness, accuracy and detail on recent assignments:

If we were to contact a scheduler that has contracted work from you, what do you think they would say about your shop performance?

Independent Contractor Agreement

Revision 10-8-02
SPIES IN DISGUISE
INDEPENDENT CONTRACTOR AGREEMENT

By checking the box marked "I accept Terms and Conditions of this Independent Contractor Agreement" at the end of this Agreement and by submitting an Application for Independent Contractor form, you accept and agree to ALL the terms set forth in this Agreement.  For convenience, this Agreement refers to you as "Independent Contractor," and refers to Spies in Disguise as "SID".

SID is engaged in the business of providing "mystery shopping" services to its clients, SUCH AS customer service evaluations, integrity audits, telephone service skills and other techniques for the purpose of determining operational issues for clients, including product presentation, facility maintenance, and other details regarding the client's operations and personnel (herein after the "Mystery Shopping Services").

SID is desirous of obtaining the services of Independent Contractor to perform Mystery Shopping Services.

Independent Contractor is willing to provide Mystery Shopping Services to SID in accordance with the terms of this Agreement.

SID and Independent Contractor agree to the following terms and conditions:

1.		Rights and Duties of Independent Contractor.  SID shall assign Mystery Shopping Services to Independent Contractor via email on an as-needed, rotating basis by sending a project description order to Independent Contractor ("Project Description Order").  Independent Contractor may choose to accept or reject any proposed Mystery Shopping Service. Independent Contractor shall have sole control of the manner and means of performing the Mystery Shopping Services, and shall complete it according to his or her own means and methods of work.  Independent Contractor shall direct and be responsible for the performance of all workers and subcontractors.  Independent Contractor shall furnish, at Independent Contractor's own expense, all labor, materials, equipment, transportation and other items necessary to carry out the terms of this Agreement.  Independent Contractor is entirely responsible for compliance with local, federal, and state laws and regulations during his or her performance of the Mystery Shopping Services.  
	
2.		Rights of SID.  In the performance of work contemplated in this Agreement, Independent Contractor is an independent contractor with the authority to control and direct the performance of the details of the work, SID being interested only in the results obtained.  However, the work contemplated in this Agreement must meet the approval of SID and must comply with the Project Description Order and shall be subject to SID's general right of inspection and supervision to secure the satisfactory completion thereof.
	
3.		Payment.  Upon receipt by SID of Independent Contractor's written report and invoice for Mystery Shopping Services performed under this Agreement, SID shall reimburse Independent Contractor for such services by computer-generated check or electronic funds transfer by the 20th day of the month following the month in which the Mystery Shopping Services were properly completed and received pursuant to the terms of this Agreement.  Adjustments in compensation may occur as a result of late, incomplete, or inaccurate reports, or if instructional guidelines are not met, or if Independent Contractor fails to comply with any Project Description Order.
	
4.		Independent Contractor Status.  The parties to this Agreement intend that the relationship between them created by this Agreement is that of service provider and service purchaser.  It is expressly agreed and understood that no employee-employer relationship is established.  No agent, employee or servant of Independent Contractor shall be or shall be deemed to be the employee, agent, or servant of SID. None of the benefits provided by Independent Contractor to its employees, including but not limited to, compensation, unemployment and health insurance area available from SID to the employees, agents or representatives of Independent Contractor.  Independent Contractor shall be solely and entirely responsible for his or her acts and the acts of Independent Contractor's agents, employees, servants and subcontractors during the performance of the Mystery Shopping Services.  
		
5.		Liability.  Independent Contractor will perform the Mystery Shopping Services entirely at Independent Contractor's own risk.  Independent Contractor assumes all liability relating to the performance of the Mystery Shopping Services, including, but not limited to, liability for violation of local, state, or federal laws or regulations.
		
6.		Tax Matters.  Independent Contractor acknowledges that SID will not withhold any federal, state or local income tax from payments to Representative, and SID will not withhold or pay any federal, state or local employment, unemployment or other payroll taxes with respect to Independent Contractor or Independent Contractors employees, agents or representatives.  Independent Contractor acknowledges that he or she is responsible for all payroll taxes with respect to the Independent Contractor and/or self-employment taxes.  A Form 1099 will be issued to Independent Contractor to facilitate the appropriate reporting of income received for services performed for fees which exceed $600 in any calendar year.
		
	
7.		Right to Contract with Other Parties.  Nothing contained in this Agreement shall be deemed to restrict SID's right to employ other persons, either as employees or as independent contractors, to work in the trade on such terms as the SID and they may decide, nor to limit SID's right to enter into similar agreements with other persons, corporations or entities.
	
 
8.		Indemnification.  Independent Contractor shall indemnify SID and clients of SID against all liabilities or losses, and against all claims, demands, actions, judgments, costs and expenses, including, but not limited to, attorneys' fees based on or arising out of damage or injury to person or property caused by or sustained in connection with the performance of the Agreement or by conditions created thereby, or based upon any violation of any statute, ordinance, building code or regulation, and the defense of any such claims or actions.  Independent Contractor shall also indemnify SID and clients of SID against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state and local taxes or contributions imposed or required under any unemployment insurance, social security and income tax laws, with respect to Independent Contractor's employees engaged in performance of this Agreement.
	
9.		Term and Termination.  The performance of Mystery Shopping Services by Independent Contractor under this Agreement shall commence at such time as Independent Contractor begins performance of such services at the location(s) at which they are to be performed as described in the Project Description Order.  This Agreement shall terminate when Independent Contractor has completed the Mystery Shopping Services at the location(s) where they are to be performed and submits a report to SID in accordance with the Project Description Order.  This Agreement may also be terminated by either party at any time, with or without notice, with or without cause.  Without limiting the foregoing, SID may terminate this Agreement if Independent Contractor fails to comply with a Project Description Order. In the event of termination of this Agreement, Independent Contractor shall be entitled to any fees due to him/her prior to the date of termination as provided in this Agreement.  Independent Contractor shall be entitled to no further compensation or fees as of the date of termination.  Immediately upon termination of this Agreement, Independent Contractor shall return the SID all of SID's property, including without limitation all materials related to SID and used by Independent Contractor in rendering Mystery Shopping Services pursuant to this Agreement.
	
10.		Representations and Warranties of Independent Contractor.
	
a.		Independent Contractor hereby represents, warrants, and agrees that he/she shall not hold himself/herself out to anyone as an employee of SID, including, without limitation, state, local or federal entities.
	
b.		Independent Contractor hereby represents, warrants and agrees that the execution of this Agreement and the performance of the terms and conditions hereof does not and shall not violate any other contract or commitment, express or implied, of Independent Contractor to any third party.
	
c.		Independent Contractor hereby represents, warrants, and agrees that he/she is at least 18  years of age.
	
11.			Confidentiality of Information.  
	
			a.	Independent Contractor shall treat as confidential all information obtained by him or her relating to SID's clients or SID's business, services, products, techniques, methods, systems, plans or policies, and Independent Contractor shall not, during the term of this Agreement, or any time thereafter, disclose such information, in whole or in part, to any person, entity, or competitor of SID for any reason or purpose whatsoever, or to use such information in any way or in any capacity other than pursuant to performance of the Mystery Shopping Services and in SID's interest.  Upon termination of this Agreement, or sooner if required by SID, Independent Contractor shall immediately deliver to SID any and all literature, documents, data, information, memoranda, correspondence, customer lists, or records prepared or acquired, complied or coming to Independent Contractor's knowledge in connection with his or her activities as an Independent Contractor for SID.  Independent Contractor shall not in any way make, copy or retain records or summaries of the above.  
	
			b.	The confidentiality obligations of this paragraph shall survive termination of this Agreement by Independent Contractor, and therefore, that SID shall be entitled to an injunction prohibiting and restraining Independent Contractor from any violation or threatened violation of the terms of this Agreement, and SID shall also be entitled to pursue such other remedies to which SID may be entitled in law and/or equity.  SID shall also be entitled to all costs and reasonable attorneys fees for enforcing this Agreement.  
	
			c.	In view of the nature of Independent Contractor's services and the confidential information which Independent Contractor has received and/or developed, or will receive and develop during the course of this Agreement, Independent Contractor agrees that SID will be irreparably harmed and injured by any violation, or threatened violation, of this Section 11.
	
12.		Noncompetition Agreement.  For a term of one year following the termination of this Agreement, Independent Contractor agrees not to enter the service evaluation business, either directly or indirectly, except that Independent Contractor may provide similar services to established mystery shopping companies, as long as such services do not in any way infringe upon the terms and conditions of this Agreement.
	
13.		Assignment.  Neither this Agreement nor any interest herein, or claim hereunder, shall be assigned or transferred by Independent Contractor to any party or parties.
	
14.		Miscellaneous Provisions.
	
a.				Entire Agreement.  This Agreement contains the entire understanding of the parties on the subject matter of this Agreement, and the parties hereby acknowledge that there have been and are no representations, warranties, covenants or understandings other than those expressly set forth herein.  
	
b.		Governing Law.  In the event of any dispute arising under this Agreement, the laws of the state of Michigan will govern the interpretation, validity and effect of this Agreement without regard to the place of execution or place of performance thereof.  Any action for breach of this Agreement shall be filed in the County of Kent, State of Michigan, and the parties hereto specifically consent and submit to the venue and jurisdiction of such court.

I accept Terms and Conditions of this Independent Contractor Agreement