Peach Stylist Agreement

peach stylist ® AGREEMENT As a Stylist of Peach Underneath, Inc. (hereinafter peach or “the Company”), I understand and agree that my relationship with the Company will be governed by the terms herein: 1. This Agreement. The documents and materials below collectively comprise the “Agreement,” and are referred to throughout such documents and materials as such. The provisions, policies and procedures set forth in the Agreement (and as they may be amended or modified from time to time) apply to all peach Stylists, regardless of rank. Your agreement with peach includes: • The Stylist Join form; • The provisions, benefits, restrictions and requirements of “Our stylist’s guide to our compensation plan” (the “Compensation Plan”); • All provisions of this document (the “Agreement”), as well as all amendments, modifications and renewals thereof. As a peach Stylist, I understand I am responsible for the means and methods by which I make sales. I also understand that I must comply with the terms set forth in this agreement. To the extent not reflected in this document, my agreement with peach also requires me to employ integrity, honesty and responsibility in my behavior and actions with peach, my customers and my fellow stylists, including and without limitation, presenting and promoting the products in a truthful manner. All of the duties and obligations reflected in this agreement constitute my agreement with peach. 2. Becoming a peach Stylist. An applicant becomes a peach Stylist when the following requirements are completed: The applicant agrees to these conditions and purchases the peach Sample Sales Kit (non- commissionable and not for resale). The applicant completes a W9 form. The applicant completes a Stylist Join form. Every applicant needs to apply in good faith and demonstrate a commitment to creating a valid business as a peach Stylist with a reasonable chance of success. peach reserves the right to decline any peach Stylist application. 3. Independent Contractor Status. It is the express intention of both parties hereto that I am of enrollment. peach Stylists who certify that they are purchasing product for personal entering into this Agreement as an independent contractor and not as an employee, agent consumption purposes, as a customer, are subject to the same Satisfaction Guarantee return or joint venture of peach. Any contrary final determination by a board, tribunal or court of policy as is extended to clients. competent jurisdiction shall require the amendment of this Agreement in any way necessary to establish an independent contractor relationship. No fiduciary relationship exists between 6. Sponsoring Stylist’s responsibilities. In the event I sponsor an applicant to be a Stylist the parties. I will have and maintain control of the manner and means of my performance and the application is accepted by peach, I will accept the duties and obligations of training, under this Agreement. I understand I will not be treated as an employee with respect to any support and recognition. peach Stylists should be able to provide evidence to peach upon services for federal or state tax purposes. I will be solely responsible for paying all expenses request of ongoing fulfillment of sponsor responsibilities. incurred by me, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. The Company shall report payments made to me 7. Transferability. Neither this Agreement nor my peach business may be transferred or on a calendar year basis as required using IRS Form 1099, which the Company may issue assigned by me or operated in partnership with any other person without peach’s prior directly or through a third party administrator selected for such purpose. I agree to report written consent. peach may assign this Agreement at any time. all such payments to the appropriate federal, state and local taxing authorities. I understand a. Succession. Upon the death of a peach Stylist, the peach Stylist position shall pass by that I must complete and submit to the Company an IRS W-9 and shall update the W-9, as will or intestate succession, as provided by law. peach will require the successor in interest required by law. I will be responsible for payment of all applicable income, self-employment to sign and be bound by the then current peach Stylist Agreement. The successor shall and other taxes. I will not be eligible for and will not participate in any pension, or fringe then be entitled to all the rights and subject to all the obligations, just as any other peach benefit plan sponsored by peach and will not be covered by its workers’ compensation Stylist. or unemployment insurance or retained coverage. I must provide my own workers’ compensation insurance, if required or applicable. I must provide all insurance coverage 8. Conflicts of Interest. peach Stylists are free to participate in other business ventures or required or desired by me with respect to my business, including, without limitation, medical marketing opportunities, except business ventures or marketing opportunities that offer and hospitalization insurance, automobile insurance and general comprehensive liability similar women’s products as peach. peach Stylists may engage in selling activities related insurance. The provisions of this Agreement reserving ultimate authority in peach have to non-peach approved or non-peach produced products and services if they desire to do been inserted solely to achieve compliance with federal, state or local laws, regulations and so, but they may not take advantage of their knowledge of, or association with, other peach interpretations thereof. Stylists. Accordingly, Stylists may not: 4. Stylist’s Responsibilities. My business will sell peach products only to end customers. I will • Offer peach products or promote the peach Compensation Plan in conjunction with any inform my customers that peach offers a 100% satisfaction, money-back guarantee return non-peach business plan, opportunity, product or incentive; policy with respect to all peach products for a period of 30 days from date of purchase, and • Offer to sell any non-peach products or promote non-peach business opportunities in will assist my customers with initiating a return under such policy if requested, or if return is conjunction with offering of peach products or promoting the peach business plan at required under warranty, with respect to any peach products. any peach meeting, seminar, launch, convention or other peach function. 5. Sample Sales Kit Return Policy. I understand that a Sample Sales Kit is the only purchase 9. No Conflicting Engagements at Director or Above. The parties acknowledge and agree required to conduct business as a peach Stylist. No other peach product or inventory that leading a team for another company while leading a team for Peach will result in purchase is required or encouraged. If I voluntarily terminate my Stylist position within 30 less than satisfactory performance in both roles due to the time commitment required for days of receiving the Sample Sales Kit, peach will fully reimburse me of the kit cost as long as effective leadership of a team. I hereby expressly agree that, while I have a peach career title materials are returned in usable condition as determined by peach in its sole discretion. peach of Director or above, I will not, either directly or via my spouse living at the same address, recognizes that some state buyback laws extend to fees and to sales aids such as the sample work for (as an employee) and/or lead a team in any other direct selling company. kit. To the extent that such laws are applicable, the Company will honor the buyback laws of Georgia, Idaho, Louisiana, Maryland, Massachusetts, Montana, Nebraska, Oklahoma, Puerto 10. Non-Disparagement. I agree not to make, and not to allow or instruct any other party to Rico, South Dakota, Tennessee, Texas, Washington, and Wyoming. A Montana resident may make, whether in oral, print, electronic or other form, any false, disparaging or derogatory cancel her Stylist Agreement within 15 days from the date of enrollment, and may return her remarks about, or refer negatively to my association with, Peach, its affiliates, their products Sample Sales Kit for a full refund of her costs to participate within such time period. Residents and services, their past or present officers, directors, trustees, employees or stylists. This of other states may request a refund of any purchases made from peach within 72 hours provision shall survive the termination of this Agreement. peach® stylist agreement | 2 peach® stylist agreement | 3 11. Claims. Any claims made about my peach business shall be in compliance with this this Agreement shall terminate automatically upon the termination of this Agreement. Agreement. I further agree to limit any claims I make about my peach business, including, a) Internet and web site policy. i) No Stylist may independently design a web site that uses but not limited to earnings ability or product-related claims, to those claims authorized or the names, logos, or product descriptions of peach without written permission from peach. approved in writing by peach. I understand and acknowledge that this obligation extends to ii) No Stylist may use “blind” ads on the Internet making product or income opportunity any statements I may make in response to customer inquiries about my peach business or any representations that are or can be associated with peach. iii) No Stylist may under any peach products. circumstance use the Internet for the purpose of indiscriminate “bulk” or unsolicited mailing, generally known as “spamming.” iv) No Stylist may violate any local, state, or federal laws 12. Income Claims. The Federal Trade Commission and the laws of several states regulate regarding the Internet or any generally accepted ethical codes of Internet conduct. claims regarding the amount of income that can or may be earned with companies such b) Independent communications.

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