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CONSULTANCY AGREEMENT

This Agreement is made and entered into by and between:

CATHERINE FRIDITH DIMAPILIS, (the


OWNER), Filipino, of legal age and resident of
Block 5 Lot 16 Mawing Village Barangay Baliti
Telabastagan City of San Fernando Pampanga, a
sole proprietorship duly existing under the laws of the
Philippines with business address at Zaine Skin
Angeles City Branch (382 Tri-city Building Mcarthur
Highway Barangay Salapungan, Angeles City
Pampanga, Angeles City;

- and

MHAY M. ELMAN (the BEAUTY


CONSULTANT), Filipino, of legal age and is a
resident of #49 Purok 4 San Vicente Mercedez
Village, Quebiawan City of San Fernando,
Pampanga.

W I T N E S S E T H THAT:

WHEREAS, OWNER operates a business named Zaine Skin in City of


san Fernando Branch (Zaine);

WHEREAS, the BEAUTY CONSULTANT represents that it is qualified as


to her skills, training and health conditions to be employed by the owner;

NOW, THEREFORE, for and in consideration of the foregoing premises,


the parties have mutually agreed as follows:

I. Services to be provided by Beauty Consultant

a. Beauty Consultants main responsibilities are to help


customers find the products from Zaine Skin Care items that meet their
needs and sell customers as many products as possible. Duties also
involve suggesting products, explaining how products work, demonstrating
how to use products, and operating the cash register (If and only
authorized by the Owner).

b. Build customer relations through follow-up calls and


mailings, recruit new customers, order new products, handle door-to-door
sales, and manage inventory.

c. When Beauty Consultant isn't engaged in main duties,


consultant shall assist with other office duties as directed, including but not
limited to:

i. Assisting other staff/consultants with clients.


ii. Performing clerical duties.

iii. Cleaning and organizing the clinic, stock


shelves, clean floors, and organize sales areas.

iv. Beauty consultant undertakes to be true and


faithful to the Owner in all dealings and transactions relating
to the business and interest of the owner and to use her best
endeavors to protect and promote the business, reputation
and goodwill of the Owner.

II. Supplies to be Provided by Owner

a. Owner shall provide the following: Zaine Skin products in


sets and retail, a safe, clean environment; a store furnished with a table,
chair, stool, equipment and storage area; receptionist services;
appointment scheduling; marketing; and all necessary supplies and
materials used in the performance of services to be listed in a verified
inventory duly signed by the owner.(e.g., beauty sets, creams, soaps).

III. Other Provisions

a. Beauty consultant does not have the right to be employed for


others of the same kind of business nor sell directly or indirectly any
product that competes with the owners products during the term of this
Agreement; any violation of this condition shall entitle the owner to
terminate the services of the consultant.

b. Beauty consultant shall not solicit or provide other products


to Owner's clients that are direct competitors of owners products while
employed or for six months after termination of agreement, otherwise,
consultant shall be liable for all damages arising from such act.

c. All Beauty Consultants marketing materials posted in social


media for which include any information about owner must be approved in
advance.

IV. Hours of Work and Holiday Pay

Beauty consultants normal workday shall be from 8:00 a.m. to 7:00


p.m. and the normal workweek shall be from Monday through Saturday.
Owner prescribes the work schedule, and it reserves the right to change
shifting hours, schedule as she may deem necessary to meet operational
needs.

V. Fees, Terms of Payment, and Fringe Benefits

a. Beauty consultant shall be compensated at the base rate of


Three Hundred Thirty Nine Pesos (PHP339.00) per day. Consultant shall
be paid every 15th and 30th of the month.
b. In addition to the basic salary, a sales commission will be
paid to you in the following terms:

b.1 All beauty consultants of the same branch shall be


entitled to an equal share of the sales commission in the
amount of 2% of the net sales for every four hundred (400)
Zaine Skin Products sets sold in a month or Six Thousand
Pesos (Php 6,000.00) to be equally divided among all
consultants of the same branch.

b.2 The 400 sets of Zaine Skin Products shall be from the
exclusive sales of the beauty consultant from walk-in
customers of the business branch alone and shall not
include all sets ordered through the Owner, whether it be online
or through any other means.

c. The Owner employs a no work, no pay policy.

d. Fifty percent (50%) of the premium payments for SSS,


Philhealth and Pag-ibig shall be for the account of the Owner and the
remaining Fifty percent (50%) shall be for the sole account of the Beauty
consultant.

VI. Term of Agreement

Either party may terminate this agreement, given reasonable


cause, as provided below, or by giving 10 days written notice to the other
party of the intention to terminate this Agreement:

a. Material violation of the provisions of this Agreement.


b. Any action by either party exposing the other to
liability for property damage or personal injury.
c. Violation of ethical standards as defined by local,
state and/or national associations and governing bodies.
d. Beauty consultant fails to maintain the standard of
service deemed appropriate by Owner.
e. Beauty consultant engages in any pattern or course of
conduct on a continuing basis which adversely affects Owner's
ability to perform services.

VII. Disciplinary Measures and Termination

On signing this Agreement, the Beauty Consultant hereby


recognized the right of the owner to impose disciplinary measures or
sanctions which may include, but are not limited to, termination of
employment, suspensions, fines, salary deductions, withdrawal of
benefits, loss of privileges, for any and all infraction, act or omission,
irrespective of whether such infraction, act or omission constitutes a
ground for termination, especially in case of theft or loss of items in
the inventory of products as may be proven by the inventory list of
the owner or by any other means that the owner may deem sufficient
to prove loss or theft of her products.
VIII. Confidentiality

Neither Party shall not, during the term of this Agreement or after its
termination, communicate, or divulge to any other person, persons,
partnership or corporation, any knowledge or information concerning the
systems, methods and products used by either in any aspects of their
operations, nor shall they disclose or divulge in whole or in part, any trade
secrets or private processes of either party.

IX. Miscellaneous

a. All fees, cost and expenses (including but not limited to fees
and expenses of legal counsel and documentation) incurred in connection
with this agreement shall be for the account of the Owner.

b. In case the agreement is declared invalid, illegal or


unenforceable in any respect by a court of competent jurisdiction, the
validity, legality and enforceability of other provisions hereof shall not be
affected or impaired and shall thereby continue to be in full force and
effect.

c. The parties have read and understood the contents of this


agreement and have voluntarily signed it without any force, threat,
intimidation or undue influence exerted upon them; and

d. The parties are enjoined to faithfully comply with the terms


and conditions of this Agreement.

SIGNED AND DELIVERED by the parties as of ___ day of ___________


at Angeles City, Philippines.

CATHERINE FRIDITH DIMAPILIS MHAY M. ELMAN


(Owner) (Beauty Consultant)

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