Between Darino Travel LLC (“Travel Agency”) and the “Independent Contractor” (“IC”)

I. START DATE AND TERM

  1. Commencement
    This Agreement becomes effective on the date the Independent Contractor acknowledges it, whether electronically or in writing.
  2. Duration
    • The initial term is one (1) month, beginning on the date the IC purchases a Travel Agent Membership.
    • After the initial month, the Agreement automatically renews on a month-to-month basis unless either party terminates it in accordance with the terms set forth herein.
  3. IC’s Role
    The Travel Agency retains the IC as a self-employed outside salesperson. The IC agrees to offer travel services to clients on behalf of Darino Travel LLC.

II. COMPENSATION (COMMISSION)

  1. Commission Percentage
    • The IC is entitled to receive 80% of the gross commission for travel and related services sold by the IC under Darino Travel LLC.
    • The IC is also entitled to the same 80% share of commissions for any personal travel bookings made through Darino Travel LLC.
  2. Payment Schedule
    • Commission is generally disbursed within two weeks following the client’s completion of travel, provided the supplier has already remitted commission to Darino Travel LLC.
    • If payment from the supplier is delayed, the IC’s commission will be paid as soon as the Travel Agency receives clear funds.
  3. Records and Forms
    • The IC must submit a commission request via the Travel Agency’s prescribed commission form, typically within 60 days after travel concludes.
    • The Travel Agency will issue a 1099 form to the IC for all earnings, and the IC is responsible for proper tax reporting.
  4. Supplier Registration
    • The IC shall not register independently with any travel supplier using a personal CLIA/IATA number. All registrations must use the Travel Agency’s number and have the Travel Agency’s approval.
    • The IC may not accept direct commissions from suppliers outside of this arrangement.
  5. Confidentiality of Commission Terms
    • The IC agrees not to disclose or discuss commission splits or internal compensation details with individuals outside Darino Travel LLC.

III. IC’S EXPENSES AND BUSINESS SUPPLIES

  • The IC is solely responsible for all business-related costs, including but not limited to stationery, marketing materials, and other promotional items.
  • Any and all expenses necessary for the IC to conduct travel sales remain the IC’s responsibility.

IV. WORK LOCATION

  • The IC may conduct their business from any chosen location.
  • There is no obligation to work at the physical offices of Darino Travel LLC, nor any requirement to answer phones or perform duties onsite.

V. FLEXIBLE WORK HOURS

  • The IC sets their own schedule and is not bound to any specific hours mandated by Darino Travel LLC.
  • The IC is not required to attend office meetings or training sessions, though the Travel Agency may provide these as optional resources.

VI. RISK OF LOSS AND POTENTIAL PROFIT

  • The IC understands that if commissions do not cover expenses, the IC alone bears that financial risk.
  • Conversely, the IC retains the potential benefit of earning profits through shared commissions.

VII. NO EMPLOYEE BENEFITS

  • Because the IC is self-employed, the IC does not earn or receive vacation pay, sick leave, health insurance, or other employer-provided benefits from Darino Travel LLC.
  • The Travel Agency does not guarantee any benefits offered by travel suppliers.

VIII. USE OF ASSISTANTS

  • The IC may hire or partner with assistants at the IC’s own expense.
  • However, such assistants are not allowed to negotiate directly with Darino Travel LLC’s suppliers unless they, too, have an independent contractor agreement with Darino Travel LLC.

IX. TAXES AND LICENSING

Tax Obligations

    • The IC is responsible for filing and remitting all applicable federal, state, and local taxes on any income derived under this Agreement.
    • The IC agrees to indemnify and hold Darino Travel LLC harmless from any liability arising from the IC’s failure to meet these tax obligations.

Licensing

The IC must secure and maintain any required professional licenses or registrations.

If the IC sells travel to Florida residents, the IC must self-register under the Travel Agency’s Sellers of Travel license each year using the required state form:
https://forms.fdacs.gov/10211.pdf

X. CLIENT OWNERSHIP

All customers introduced or served by the IC are considered to be the IC’s clientele.

If the IC ceases association with Darino Travel LLC, those customers are free to continue booking travel through the IC or any agency the IC chooses (including Darino Travel LLC).

XI. TERMINATION

Termination Rights

Either party may terminate this Agreement at any time, for any reason.

Notice of termination should be sent via email (the Travel Agency’s contact email for termination is available upon request).

Final Commission Payment

If the IC initiates termination, the IC has seven (7) business days after the final booked travel is completed to request any remaining commissions.

Any commission not claimed within this timeframe is forfeited.

Non-Solicitation

For three (3) years following termination, the IC shall not directly or indirectly solicit or encourage Darino Travel LLC’s employees or ICs to cease their employment or contractual relationship with Darino Travel LLC.

Damages for violating this clause are set at a minimum of $2,500 per independent contractor and $3,500 per employee.

XII. DISPUTE RESOLUTION

  1. Jurisdiction
    • Any dispute arising from this Agreement shall be adjudicated in the courts of Beaufort County, South Carolina.
  2. Attorney’s Fees
    • The prevailing party in any legal action is entitled to recover reasonable attorney’s fees, court costs, and other necessary expenses.

XIII. GENERAL TERMS

  1. Severability
    • If any provision of this Agreement is deemed invalid or unenforceable, the remaining sections remain in full effect.
  2. Governing Law
    • This Agreement shall be governed by and interpreted under the laws of the State of South Carolina.
  3. Amendments
    • Darino Travel LLC reserves the right to update or modify this Agreement from time to time. If a significant change materially affects the IC’s rights, the Travel Agency will endeavor to notify the IC (e.g., by email or notice on its website).
    • Any revisions will become effective at the start of the next renewal term.
    • The IC cannot unilaterally amend or modify this Agreement.

By acknowledging this Agreement, the IC accepts all terms and conditions stated herein.