This Waiver and Release of Liability is made by and between FIVE-O ENTERPRISES, INC d/b/a KENTUCKIANA LAW ENFORCEMENT (hereinafter "KLE"), customers of KLE, and the officer seeking employment (hereinafter "Contractor").
KLE is in the business of providing scheduling and/or payment services for various entities seeking off-duty police officers for security and protection of their respective assets. You, by completing this Wavier and Release of Liability, as the Contractor, are indicating that you are willing to abide by the following terms and conditions and you recognize and agree as follows:
1. I am an independent contractor and NOT an employee of KLE; and there is no employer/employee relationship formed with KLE or KLE's customers by the execution of this Waiver and Release of Liability.
2. I will not be eligible for any employee benefits including unemployment or workers compensation insurance from KLE or its customers.
3. The mode, manner, method and means in which I perform the terms and conditions of this agreement are at my selection and under my total control and direction. I will be responsible for all risks incurred in the operation of my business.
4. I will be solely responsible for providing my own tools and materials in order to carry out my duties in performing security services and asset protection services. I shall have the exclusive control as to the manner and use of all items. I will not be reimbursed for any supplies or operating expenses nor will any of these costs be defrayed in any way by KLE or its customers.
5. I shall have the exclusive right, power and authority to manage, control and direct the details of the work I perform under this agreement. I understand I am not required to work a specific number of hours. I am aware I will be allowed to review the schedule and I may select the hours I wish to work with the understanding that KLE has final approval of all assignments.
6. All contracts entered into by me to carry out the terms of my duties shall be in my name as an independent contractor and not KLE, its customers, or its successors or assigns.
7. I shall perform my duties in accordance with all applicable local, county, state and federal laws. I shall obtain, at my own expense, such licenses and permits, such bonds and insurance as may be required by federal, state and local laws to carry out my duties as set forth herein, and I will be solely responsible for the payment of any federal, state, social security or local income and self employment taxes with respect to the services provided under this agreement. I understand that KLE will not withhold any taxes or prepare any W-2 forms for me; but will, provide me with a Form 1099 for any compensation paid to me annually in excess of $600.00.
8. I agree to indemnify and hold KLE, its heirs, customers, successors and/or assignees harmless against all claims, demands, costs or judgments, arising out of the conduct or the conduct of anyone whom I may authorize to act on my behalf.
9. I hereby certify to KLE that I am in good standing with all law enforcement agencies, and that during the term of my rendering services on behalf of KLE, I will continue to maintain such status.
10. I hereby certify to KLE that I will not enter into any agreement or contract, whether verbal or written with any of KLE's customers or potential customers to provide similar services. I also agree not to divert any KLE customer or potential customer to any other potential client who may provide similar services.