INDEPENDENT CONTRACTOR AGREEMENT
WITH THE RIDING ACADEMY OF NJ, INC.
This Agreement, made this Monday, April 29, 2024, between The Riding Academy of NJ, Inc.,
hereinafter referred to as “RANJ”, located at 209 Comly Rd, Suite M33 in Lincoln Park, NJ, and the name of the person this agreement is signed by, who is also named below in the First Name and Last Name fields, hereinafter referred to as “Contractor”, collectively referred to as the “Parties”.
RECITALS
WHEREAS, Contractor is engaged in conducting Motorcycle Safety Foundation (MSF) and RANJ-approved motorcycle courses and training sessions at any RANJ training location.
WHEREAS, Contractor represents that Contractor is in compliance with all MSF, New Jersey Motorcycle
Safety Education Program (NJMSEP), and RANJ certification requirements which are to be performed as
an Independent Contractor pursuant to this Agreement. Contractor can conduct MSF courses and
training sessions for any MSF and/or NJMSEP-approved training entity.
WHEREAS, RANJ desires to engage and contract for the services of Contractor to perform certain
tasks and duties as set forth below. Contractor desires to enter into this Agreement and perform as an
Independent Contractor for RANJ and is willing to do so on the terms and conditions set forth below.
NOW, THEREFORE, for valuable consideration and in reliance of the above recitals and the mutual
promises and conditions contained in this Agreement, the Parties agree as follows:
STATUS OF INDEPENDENT CONTRACTOR
This Agreement does not constitute a hiring by either Party. It is the Parties intention that Contractor
shall have an independent contractor status and is not an employee for any purpose of RANJ. Contractor shall be individually and exclusively responsible for, but not limited to, complying with the
application of the Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Revenue and Taxation
Code relating to income tax withholding at the source of income, workers' compensation insurance and
other benefit payments and third-party liability claims that pertain to it.
Contractor shall retain sole and absolute discretion in the manner and means of carrying out their
activities and responsibilities under this Agreement based on their experience and talent and always in
compliance with the laws, rules, procedures, and regulations of the MSF, the State of New Jersey, the
NJMSEP, the New Jersey Motor Vehicle Commission, RANJ and the entities where RANJ conducts its
courses and training sessions.
This Agreement shall not be considered or be construed to be a
partnership or joint venture, and RANJ shall not be liable for any obligations incurred by Contractor
unless specifically authorized in writing by the President of RANJ. Contractor shall not act as an agent of RANJ, ostensibly or
otherwise, nor bind RANJ in any manner, unless specifically authorized to do so in writing by the President of RANJ.
TASKS, DUTIES, AND SCOPE OF WORK
Contractor agrees to devote as much time, attention, and energy as necessary to conduct and complete
a course or training session in accordance with the MSF curriculum, the NJMSEP’s guidelines and RANJ’s
guidelines.
Beside performing the tasks and duties necessary to conduct a course or training session for RANJ, Scope
of Work also includes, but is not limited to, taking the training motorcycles needed for a course or
training session out of the storage container RANJ uses to store its training motorcycles before the
course or training session begins, putting the training motorcycles used for a course or training session
back in the storage container RANJ uses to store its training motorcycles after the course or training
session ends, setting up and removing cones and other items used for a riding exercise in a course or
training session, making sure the practice riding area and run-off area approved by the MSF for a course
or training session are a safe environment and free from debris that can cause the areas to be unsafe or
damage an RANJ training motorcycle, making sure RANJ students who are registered for a course or training session have signed the MSF Waiver and the RANJ Waiver, making sure RANJ students who are registered for a course or
training session enter their name on the RANJ sign-in sheet, have name tags, are wearing the proper
riding gear as outlined on the MSF Rider Education Recognition Program (RERP) agreement for a course
or training session, have a DOT helmet to wear for a course or training session, and RANJ students taking
the MSF Basic RiderCourse (BRC) ride the bicycle in the storage container RANJ uses to store its training
motorcycles to make sure they are able to balance and ride a bicycle as required by the MSF.
Scope of Work begins when Contractor arrives to conduct a course or training session and ends when
Contractor leaves after a course or training session is completed as required by the MSF, the NJMSEP,
and RANJ.
Contractor shall also wear the proper riding gear as outlined on the MSF RERP agreement for a course or
training session when conducting a course or training session or a portion of a course or training session for RANJ.
COMPENSATION
Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope
of Work for RANJ as set forth in Schedule A attached below and is subject to change without prior notice
of approval by Contractor.
RANJ will notify Contractor via email of any changes to the compensation prior to the beginning of any
course or training session Contractor is scheduled to conduct for RANJ.
Such compensation shall become due and payable to Contractor within fourteen (14) business days upon
completion of any course or training session the Contractor conducts for RANJ.
Contractor shall be responsible for his/her own expenses and equipment when conducting a course or
training session for RANJ.
NOTICE CONCERNING WITHHOLDING OF TAXES
Contractor recognizes and understands that Contractor will receive an IRS 1099 statement on or before
January 31st for all the courses and training sessions conducted for RANJ during the prior year and will
be required to file corporate and/or individual tax returns and to pay taxes in accordance with all
provisions of applicable Federal and State law. Contractor hereby promises and agrees to indemnify
RANJ for any damages or expenses, including attorney's fees, and legal expenses, incurred by RANJ as a
result of contractor's failure to make such required payments.
AGREEMENT TO WAIVE RIGHTS TO BENEFITS
Contractor hereby waives and foregoes the right to receive any benefits given by RANJ to its regular
employees, including, but not limited to, unemployment compensation, health insurance, disability
insurance, workers compensation, vacation and sick leave benefits, profit sharing plans, such as 401(k)
plans, and any other employee benefits. This waiver is applicable to all non-salary benefits which might
otherwise be found to accrue to Contractor by virtue of their services to RANJ and is effective for the
entire duration of Contractor’s engagement with RANJ.
Since Contractor is not entitled to workers compensation if injured during the Scope of Work as an
Independent Contractor for RANJ, Contractor should have adequate health insurance, disability
insurance, and accident insurance to cover any out-of-pocket expenses not covered by his/her health
insurance and/or disability insurance. This waiver is effective independently of Contractor’s status as
adjudged for taxation purposes or for any other purpose.
Contractor expressly allows and grants permission to use its likeness, pictures, videos, and the like
on RANJ’s website, advertisements, literature and on social media without renumeration now or in the
future. In the event Contractor desires that its likeness, picture, or video not be used, Contractor will
advise RANJ in writing and RANJ will make all reasonable efforts to comply with Contractor’s request.
LEGAL COMPLIANCE
Contractor is to treat all RANJ employees, instructors, students, customers, vendors, clients, business
partners and other affiliates with respect, responsibility, and courtesy. Contractor is required to comply
with all laws, ethical codes, RANJ policies, procedures, rules, or regulations, and policies, procedures,
rules, or regulations of the entities where RANJ conducts its courses and training sessions, including
those forbidding sexual harassment, discrimination, and unfair business practices.
CONTAINMENT OF ENTIRE AGREEMENT
This Agreement is an independent document and supersedes any and all other Agreements, either oral
or in writing, between the parties hereto for entered into.
CONFIDENTIALITY
Contractor acknowledges that during the Scope of Work for RANJ, Contractor may have access to various
processes, information, records, and items in the possession of RANJ pertaining to and belonging to the
students served by RANJ. Contractor agrees that Contractor will not disclose any of these materials or
information, directly or indirectly, or use any of them in any manner, either during the term of this
Agreement or any time thereafter, except as required in the course of this Agreement.
All records, documents, files, information, letters, student email addresses and similar items relating to
RANJ’s scope of business, shall remain the exclusive property of RANJ. Contractor shall not retain any
copies of the foregoing without RANJ’s prior written permission nor shall Contractor use any of the
foregoing without RANJ's prior written permission from the President of RANJ
NON-SOLICITATION
During the term of this Agreement, Contractor will have contact with RANJ’s students. All business,
whether related to the motorcycle business, private lessons, or any other business from the students,
shall remain with and be handled through RANJ. Contractor shall specifically be barred from soliciting
any kind of business whatsoever from students of RANJ unless written permission is granted by the
President of RANJ. Contractor shall not be due any commission or other payment on account of acting
as a conduit for any additional business obtained from RANJ students unless agreed upon beforehand in writing by the President of RANJ.
ASSIGNMENT
Contractor shall not assign any of Contractor's rights, or delegate Contractor duties, under this Agreement,
without the consent of RANJ; including arrangements for substitutes for conducting any course or
training session for RANJ.
USE OF TRAINING LOCATIONS
Contractor can only use RANJ’s training locations to conduct MSF and RANJ-approved motorcycle
courses and training sessions. Any other uses must be approved in writing by the President of RANJ.
PARTIAL INVALIDITY
If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect without
being impaired or invalidated in any way.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, and construed under, the laws of the State of New Jersey.
Jurisdiction and venue for all purposes shall be in the County of Morris, State of New Jersey.
Sign Here Contractor
04/29/2024
Dave Bellizzi, RANJ President
04/29/2024
SCHEDULE A
RANJ Contractor Within-Grade Step Pay Rates
3/2022
Step 1 – $100 per class when Contractor has begun mentoring after successfully completing the MSF
RiderCoach Preparation Course (RCP). A class is defined as conducting the Level I & Level II BRC range
exercises. The NJMSEP and RANJ require all new MSF RiderCoaches mentor at least 3 BRC classes after
successfully completing the RCP. RANJ may require Contractor to mentor additional BRC classes
depending upon their progress.
Step 2 – While mentoring, the pay rate is $150 per class when Contractor, who has just completed the
MSF RCP, becomes certified by the NJMSEP. RANJ refers to this as Level I Status.
If a Contractor who is certified by the MSF and the NJMSEP has not conducted a BRC class for a lengthy
period of time, or has conducted the BRC for another Provider, Contractor may be required to mentor at
least one BRC class. The pay rate while mentoring will be $150 per class.
Step 3 - After mentoring 3 BRC classes, Contractor’s progress will be evaluated by RANJ’s Evaluation
Committee. The Committee will determine whether Contractor has successfully completed their
mentorship or needs to continue their mentorship. If Contractor has successfully completed their
mentorship & is certified by the NJMSEP, the pay rate is $200 per class. RANJ refers to this as Level II
Status.
Step 4 - Once Contractor has reached Step 3 and has conducted 6 additional BRC classes, the pay rate is
$250 per class. RANJ refers to this as Level III Status.
Step 5 - Once Contractor has reached Step 4 and has conducted 6 additional BRC classes (a total of 15
BRC classes), their progress will again be evaluated by RANJ’s Evaluation Committee. The Committee will
determine whether Contractor should be elevated to the next Step Pay Rate. The pay rate for Step 5 is
$275 per class. RANJ refers to this as Level IV Status.
Step 6 - Once Contractor has reached Step 5 and has conducted 6 additional BRC classes, (a total of 21
BRC classes), their progress will again be evaluated by RANJ’s Evaluation Committee. The Committee will
determine whether Contractor should be elevated to the next Step Pay Rate. The pay rate for Step 6 is
$300 per class. RANJ refers to this as Level V Status.
Once Contractor has reached Level V Status, Contractor must conduct at least 4 BRC classes per year for
RANJ to maintain the Step 6 Pay Rate. If Contractor conducts less than 4 BRC classes per year for RANJ,
their pay rate will be downgraded to the Step 5 Pay Rate.
When Contractor conducts only one BRC range session (just Level I range exercises or just Level II range
exercises), a BRC2, TBC, APBRC, or any other 1-day course offered by RANJ, the pay rate will be ½ of their
current Step Pay Rate. This Step Pay Rate does not apply to IMEs, FRTs, private BRCs, private BRC2s, and private APBRCs.