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The Swimming Swan, LLC. 

Staff Employee Agreement

 

This agreement is between The Swimming Swan, LLC (company) and (Name of Staff Member) for aquatics services to be provided to the company’s client on or after February 1, 2020.

 

As part of this agreement, the above-mentioned parties agree to the following:

 

Once accepted by the staff member, you will provide swim lesson instruction, aquatic fitness instruction, lifeguarding services and/or teach certification courses  to The Swimming Swan, LLC.’s assigned clients in a professional, reliable and competent manner.

 

Part-Time Employee W4 Status: 

 

  • Takes direction by The Swimming Swan.
  • Tax Deductions are taken out of each paycheck which is based on total earned wages.
  • Able to work 40 hours per week if the workload is available.
  • There are no minimum number of hours that need to be provided for part-time employees.

 

All Staff Members: 

 

1. All staff members are covered under the company commercial general liability insurance policy and workers compensation policy. Contractor is covered under this policy while engaged in aquatics services of the company. Coverage does not carry over to personal clients that are not registered and booked through The Swimming Swan’s office staff.

 

2. Non-Compete: All client lists are agreed to be the exclusive property of the The Swimming Swan, LLC. Such lists are proprietary and confidential. Any personal solicitation of company’s clients for financial gain of contractor in competition with the company will result in legal action and may seek damages against contractor in accordance with conflict of interest laws.

 

3. If any part of this agreement is found to be void by a court of law of appropriate jurisdiction, the remainder of the agreement will continue in effect.

 

Trainings and Evaluations

 

  1. All trainings and subsequent Quizzes must be completed with an 80% or better to keep an Active, Current Status on our Roster(s).
  2. In order to receive a promotion and higher Rate of Pay you must receive at least 10 positive reviews from your clients and successfully pass the next level of training.

 

Lifeguard Pay Rates

  1. Lifeguard I
    • Southern California: $17.00 – $18.00
    • Northern California: $19.00 – $20.25
  2. Lifeguard II
    • Southern California: $18.25 – $19.50
    • Northern California: $20.50 – $21.75
  3. Lifeguard III
    • Southern California: $19.75 – $21.00
    • Northern California: $22.00 – $23.25

 

  • For all on-call Private Lifeguard Events:
    • Additional $25 per Event Bonus.
    • Travel bonus $0.54 cents per mile, after 10 miles.

 

 Swim Instructor/Coach Pay Rates 

 

  1. Swim Instructor I 
    • Southern California: $17.50 – $18.75
    • Northern California: $20.00 – $21.25
  2. Swim Instructor II
    • Southern California: $19.00 – $20.25
    • Northern California: $21.50 – $22.75
  3. Swim Instructor III/Swim Coach 
    • Southern California: $20.50 – $21.75
    • Northern California: $23.00 – $24.25

 

  • For all At-home Swim Lessons:
    • $10 per Lesson Southern California Bonus
    • $15 per Lesson Northern California Bonus.
    • Travel bonus of $0.54 cents per mile, after 10 miles.

 

Aquatic Fitness Instructors Rate of Pay

  • 1-1 participants = $32.50 per hour
  • 1-4 participants = $36 per hour
  • 1-8 participants = $40 per hour

There is an increase of $8 per Class in the San Francisco Bay Area.

 

Trainings and Evaluations

 

  1. All trainings and subsequent Quizzes must be completed with an 80% or better to keep an Active, Current Status on our Roster(s).
  2. In order to receive a promotion and higher Rate of Pay you must receive at least 10 positive reviews from your clients and successfully pass the next level of training.

 

Payroll and Clocking Time

 

1. Staff members must download the WhenIWork Mobile Application and clock-in, 5 minutes prior to the start of each shift and clock-out at the end of each shift.

2. Payroll is issued bi-weekly on the 15th and Last Day of each month. The first pay period is from the 11th and 25th of each month; paid on the 15th.  The second pay period is from the 26th to 10th; paid on the last day of the month.

3. Gas expenses are the sole responsibility of each staff member unless discussed and agreed upon in writing via email with the office prior to the start of the entire lesson package and/or lifeguard gig.

4. A Voided Check is required and must be uploaded into your Profile during on-boarding. Our Payroll is done electronically and is Directly Deposited into your Account.

 

Gas Travel Bonuses

 

Any gas travel bonuses can be added to the hourly rate of pay if discussed and agreed upon in writing, prior to the start of any aquatics services. Gas Travel Bonuses are not guaranteed.

  • $.54 cents per mile after 10 miles

 

Bonuses

 

Contractor is able to accrue bonuses when certain items have been met that warrant said bonus. A bonus payment sheet* must be turned into the office in order to receive credit and have proper documentation on file.

1. Every 5 Positive Reviews you receive, you are eligible for a $1 Pay Increase. This bonus expires when you reach 25 reviews OR a total of a $5 pay increase per hour.

2. $5 Bonus for a positive client review mentioning your name on any of our social media pages. One review per client.

3. $5 Bonus for a photo of you and your client. You must be in uniform and a photo waiver* must be signed by your client. One photo per client.

4. $15 Bonus for each new client registering for our services at a new location as a result of contractor referral. (Finder’s fee)

5. $15 Bonus will be given for each client contract continuing past 15 lessons as a result of contractor’s wonderful teaching.

6. $20 Bonus for an Instructor or Lifeguard Applicant Referral. This goes into effect if this referral has the proper certifications and further, is hired by the company.

7. Reimbursal of Background Screening Fee; $20.50. This reimbursal is given after the completion of either one lifeguard gig “opportunity” or swim lesson package. It is your responsibility to complete the bonus payment sheet indicating your request for reimbursal of this fee.

 

I have read the above Independent Contractor Agreement, understand its content, and agree to be legally bound by it:

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