This agreement is entered into between Luxevo Vacations, hereinafter referred to as Luxevo, having its principal place of business at 5783 Manatee Ave W Ste 104, Bradenton FL 34209 and Independent
Contractor, indicated below, hereinafter referred to as the Independent Contractor.
Term of Agreement – Luxevo 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 Luxevo for a period of one year from the date of this agreement. By
submitting this application, you are agreeing to 12 consecutive months of service at
$67/month** or $697 annually** (if selected). This membership term will renew automatically
for my convenience unless I or Luxevo elect to discontinue the membership in accordance with
the Terms and Conditions. Notice must be made in writing and emailed or faxed to Luxevo 30
days prior to the anniversary date.
Duties of Independent Contractor – The Independent Contractor is hereby retained by Luxevo
as a self-employed business person, and a branded Luxevo Travel Specialist, to sell travel and
travel services to the public on behalf of Luxevo.
Fees – MONTHLY OPTION: Luxevo will debit the Independent Contractor’s credit card
for the monthly membership fee monthly on anniversary date.
ANNUAL OPTION: An annual payment of $697. Luxevo will debit the Independent
Contractor’s credit card for the annual membership fee each year on the anniversary
date of this sale.
Independent Contractor’s credit card authorization will be kept on file at Luxevo
Compensation of Independent Contractor – As compensation for the services rendered under
this Agreement, the Independent Contractor shall be entitled to 80% of the point of sale
commissions generated by Independent Contractor and received by Luxevo. For complete
details of the commission plan, see Attachment “A”.
In General – For purposes of earning the IATAN card, Luxevo shall report for the Independent
Contractor 100% of the Gross Commissions received by Luxevo for sales oftravel or services
by the Independent Contractor.
Commission Compensation – The net commission is defined as the commission to Luxevo,
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 Luxevo without the written consent of Luxevo. Any gifts, administration fees,
ticketing fees, check fees, CRS charges, delivery fees, accounting research fees, debit
memos, charge backs, etc. will be deducted from the agents’ commissions.
a. Reporting Bookings – Failure to report deposited booking within 48 hours in Luxevo’s
CRM may result in delayed commission payment and a commission penalty of 50%.
7. Agency to Receive All Commissions – The Independent Contractor agrees that all check and
cash monies are to be transacted through Luxevo and never directly to the supplier when
using Luxevo’s ARC, IATAN, CLIA, or other Luxevo Booking Identification Number. In the
event an Independent Contractor or his/her clients send cash or personal checks directly to
© 2018 Luxevo Vacations, LLC.
the supplier for bookings made using Luxevo’s 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 Luxevo’s ARC, IATAN, CLIA, or Booking Identification Number,
bypassing Luxevo, this Independent Contractor Agreement will terminate immediately, and
Independent Contractor will forfeit any and all unpaid commissions, as well as be subject to
While the Independent Contractor is free to do business with any entity or individual,
Luxevo shall receive all the commission paid by any supplier for any sale in which the
Independent Contractor uses Luxevo’s ARC, IATAN, CLIA, or Booking Identification Number
to process the sale. The commissions will then be paid to the Independent Contractor
according to the schedule in Attachment “A”.
Method of Payment – Independent Contractor shall be paid every two weeks via direct
deposit by Luxevo. Luxevo shall provide Independent Contractor with a statement of all
commissions earned and paid to Luxevo in the previous pay period, and all deducted
applicable fees, GDS fees, and expenses directly attributable to those sales as outlined
Reporting to IRS – Luxevo shall report net earnings to the IRS(Form 1099) for the
Independent Contractor (minus expenses).
Reporting to IATAN – Luxevo shall report gross earnings toIATAN for the
Independent Contractor, for purposes of qualifying for the IATAN card, Luxevo.
Examination of Books – The Independent Contractor shall have theright, either personally or
by accountant retained and paid by the Independent Contractor, at times mutually
convenient to Luxevo and the Independent Contractor, but in any event at least once during
each half of the calendar year, to examine books and accounts of Luxevo insofar as they
relate to transactions affecting the amount of the Independent Contractor’s compensation.
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 materialsand shall otherwise be responsible for all expenses
incurred in performing his/her duties under this Agreement.
Place of Work – The Independent Contractor may choose where the work is to be performed,
is not required to work on the premises of Luxevo, and is not required to answer the phones,
or perform any other duties at Luxevo’s offices.
Hours – Independent Contractor may work whatever hour she/she desires. No fixed
hours may be required by Luxevo. The Independent Contractor shall not be required to
attend office meetings or office training sessions.
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.
No Entitlement to Vacation or Health Benefits as Independent Contractor – As a self-
employed individual, the Independent Contractor shall not receive or earn any vacationor
sick pay from Luxevo and is not covered under the agency’s medical or dental plan.
© 2018 Luxevo Vacations, LLC.
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. It is the responsibility of the
Independent Contractor to pay his/her employees.
Independent Contractor Shall Be Responsible for Filing of Federal, State, and Local
Estimated Payments on Commissions Received from Luxevo, 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 Luxevo harmless for any
assessments against Luxevo 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
Luxevo and Independent Contractor Responsibility Related to Website Access– Luxevo is not
responsible or liable for any direct or indirect loss of business or inconveniences resulting
from all functions, failures, downtime or maintenance of any hardware, software, webpage
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
Luxevo. 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
Ownership of Customers – The parties acknowledge that all customers introduced to Luxevo
by the Independent Contractor are and shall remain the property of the Independent
Contractor. Those clients that were introduced to the Independent Contractor by Luxevo are
and shall remain the property of Luxevo. If the Independent Contractor shall cease to be
associated with Luxevo for any reason, all customers of the Independent Contractor, other
than those introduced by Luxevo, shall be free to continue doing business with the
Independent Contractor independently, or through any other Travel Agency.
Events Causing Termination – This Agreement is terminable prior to its expiration for the
(a) the occurrence of circumstances that make it impossible or impractical
for the business of Luxevo tocontinue;
(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 desire of Luxevo to discontinue doing business with the
Non-Continuance of Agreement – Luxevo reserves the right tochange, revoke or cancel
this agreement at any time with the Independent Contractor for:
Misrepresentation, Dishonesty, Fraud, Unprofessional Activities, and Inappropriate
Violation of ethics which could be damaging to the profitability, image and integrity of Luxevo
The occurrence of circumstances that make it impossible or impracticable
for the business of Luxevo tocontinue.
© 2018 Luxevo Vacations, LLC.
The willful or negligent breach of duty by the IndependentContractor in the course of
his/her performance under the Agreement.
The continued incapacity due to illness on the part of the Independent Contractor to
perform his/her duties.
Failure to comply with California, Florida, Washington, Hawaii or Iowa Sellers of Travel
Laws as currently written and/or amended.
Failure to comply with any State or Government which has a Sellers of Travel Law as
written and/or amended.
If the Independent Contractor or their clients send any monies directly to the
supplier/vendor, this Independent Contractor Agreement will terminate immediately.
if the Independent Contractor authorizes or requests any supplier/vendor to send
commission directly to the Independent Contractor bypassing Luxevo, 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.
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, as well as paying any applicable fees or fines for
not filing. It is the responsibility of the Independent Contractor to check with the applicable
government authority regarding these consumerprotection laws.
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 Luxevo 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 Luxevo and/or its affiliates, including but
without limitation to, trade secrets, selling, marketing and advertising procedures, past or
present employees, past, present, and 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 Luxevo
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 Luxevo and/or its affiliates. Any such breach will result in
immediate termination and forfeiture of unpaid commissions.
CANCELLATION POLICY This Agreement is for a period of one year. By submitting this
application, you are agreeing to 12 consecutive months of service at $67/month, or $697
annually. This membership term will renew automatically for your convenience. Notice to
cancel must be made in writing and emailed or faxed to Luxevo 30 days prior to the
anniversary date. Termination before the contract period of one year will constitute a
breach of this agreement and the full balance will become due. All memberships fees are
Effect of Termination on Compensation – In the event of thetermination of this Agreement
prior to the completion of its term specified herein, without cause, the Independent
Contractor shall be entitled those commissions earned and received by Luxevo. Any and all
commissions not received by Luxevo from its suppliers will be forfeited by the Independent
Contractor. The Independent Contractor shall be entitled to no further compensation as of
the date of termination.
Remedies– Any controversy or claim arising out of or relating to this Agreement shall
be settled by the courts of Manatee County,Florida.
© 2018 Luxevo Vacations, LLC.
Attorney’s Fees and Costs– If any action at law or inequity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney’s fees, costs, and necessary disbursements in addition to any
other relief to which he/she may been titled.
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
Law Governing Agreement– This Agreement shall be governed by and construed in
accordance with the laws of Florida.
Non-Assignability– This is a personal service agreement that shallnot be assignable by
the Independent Contractor without the written consent of Luxevo.
Amendment of Contract – Luxevo may make amendments and/or changes to this Agreement
at any time 30 days in advance of the effective date by electronic notification (e- mail).
Amendments and/or changes to the contract shall effective automatically 30 days after
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 Luxevo
approved booking system. Independent Contractor will have 10 days to provide Luxevo 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
Complete Agreement; Modification or Waiver –This agreementrepresents 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
Independent Contractor shall be entitled to 80% of the individual point of sale net commissions
generated by Independent Contractor and received by Luxevo for all leads/contacts/referrals/clients
originated by Independent Contractor.
The net commission is defined as the commission to Luxevo, minus any commissions rebated to a
commercial account or individual client, administration fees, ticketing fees, check fees, CRS charges. Any
delivery fees, accounting research fees, debit memos, charge backs, etc. will be deducted from the
agents’ total commissions.