Resources - Chapter 13 Supplement

Sample Employment Contracts

These sample contracts are for illustrative purposes only to show the differences between independent contractors and employees and not intended for use as legal documents. Most employers do not create written employment agreements for support staff (although it isn't a bad idea). Please confer with an attorney before finalizing any legal agreements (to specify financial arrangements and to ensure the document meets irs guidelines).

Massage Therapy Independent Contractor Agreement

This agreement, dated July 4, 3001, is by and between Holistic Health Clinic ("Clinic"), with principal office located at 1776 Independence Way, Washington, D.C. and Frank Benjamin ("Contractor"), with principal office located at 1912 Thomas Jefferson Blvd., Washington, D.C.

Status as Independent Contractor

Contractor is an independent contractor and not an employee of the Clinic. As an independent contractor, Clinic and Contractor agree to the following:

  1. Contractor has control of the means, manner and method by which services are provided.
  2. Contractor furnishes all necessary supplies and materials used in the performance of services (e.g., oils, lotions, linens and music).
  3. Contractor has the right to perform services for others during the term of this Agreement. Contractor shall not solicit or provide services to Clinic's clients for private practice during the term of this Agreement or for one year after termination. Upon termination of Agreement, Contractor and Clinic shall discuss which clients, under what conditions and with what compensation Contractor may maintain continuity of service. All client records shall remain the property of the Clinic unless otherwise agreed.
  4. Contractor shall indemnify and hold Clinic harmless from any loss or liability arising from services provided under this agreement.
  5. Contractor is responsible for maintaining appropriate certification and licensure (including all costs thereof).

Services to Be Provided by Contractor

Contractor agrees to provide massage therapy services within the scope of licensure. Contractor agrees to dress in a style consistent with the Clinic's image. Contractor shall maintain client records in a mutually agreed manner.

Services to Be Provided by Clinic

Clinic shall provide the following: a safe, clean environment; a room furnished with a hydraulic table, chair, stool, settee, hydrotherapy equipment and storage area; receptionist services; appointment scheduling according to Contractor's stipulated hours; insurance billing; and marketing.

Other Provisions

All Contractor's marketing materials which include any information about Clinic must be approved in advance.

Fees, Terms of Payment and Fringe Benefits

Contractor shall set the amount of fees for services provided to clients. Clinic shall retain 30 percent of all fees collected on behalf of contractor to cover operating expenses, room rental, equipment usage and marketing (see Other Provisions). In cases of deferred client payment, Clinic shall reimburse Contractor within 30 days of receipt. Contractor acknowledges that Contractor is not eligible to receive any employee benefits.

Local, State and Federal Taxes

Contractor is responsible for paying and filing all applicable local, state and federal withholding, social security and Medicare taxes.

Workers' Compensation and Unemployment Insurance

Clinic is not responsible for payment of Workers' Compensation and Unemployment Insurance. If Clinic is a corporation, Contractor must provide Clinic with a certificate of Workers' Compensation Insurance prior to performing services.

Insurance

During the term of this agreement, Contractor shall maintain a malpractice insurance policy of at least $2,000,000 aggregate annual and $1,000,000 per incident.

Term of Agreement

Either party may terminate this agreement, given reasonable cause, as provided below, or by giving 30 days written notice to the other party of the intention to terminate this Agreement:

  1. Material violation of the provisions of this Agreement.
  2. Action by either party exposing the other to liability for property damage or personal injury.
  3. Violation of ethical standards as defined by local, state and/or national associations and governing bodies.
  4. Loss of licensure for services provided.
  5. Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Contractor's ability to perform services.
  6. Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Clinic's or Clinic's associates' ability to perform services.
  7. It is agreed that any unresolved disputes will be settled by arbritration, including costs thereof.

This constitutes the entire agreement between Contractor and Clinic and supersedes any and all prior written or verbal agreements. Should any part of this agreement be deemed unenforceable, the remainder of the agreement continues in effect. This agreement is governed by the laws of the District of Columbia.

Signatures

Contractor: Date:
Clinic: Date:
Witness: Date:

Massage Therapy Employment Agreement

This agreement, dated July 4, 3001, is by and between Holistic Health Clinic ("Employer"), with principal offices located at 1776 Independence Way, Washington, D.C. and Frank Benjamin ("Employee").

Services to Be Provided by Employee

Employee agrees to provide massage therapy services within the scope of licensure. Employee is responsible for maintaining appropriate certification and licensure (including all costs thereof). Employee agrees to dress in a style consistent with the Employer's image, including uniforms. Employee shall maintain client records in the manner prescribed by employer.

When Employee isn't engaged in treatments, Employee shall assist with other office duties as directed, including but not limited to:

  1. Assisting other practitioners with clients.
  2. Performing clerical duties.
  3. Cleaning and organizing the clinic.

Services to Be Provided by Employer

Employer shall provide the following: a safe, clean environment; a room furnished with a chair, stool, hydraulic table, settee, hydrotherapy equipment and storage area; receptionist services; appointment scheduling; insurance billing; marketing; and all necessary supplies and materials used in the performance of services (e.g., oils, lotions, linens and music).

Other Provisions

  1. Employee has the right to perform services for others during the term of this Agreement, however such services are not to be performed on Employer's premises.
  2. Employee shall not solicit or provide services to Employer's clients for private practice while employed or for six months after termination of employment, except as noted in "c."
  3. Upon termination of employment Employer and Employee shall discuss which clients, under what conditions and with what compensation Employee may maintain continuity of service.
  4. All client records shall remain the property of the Employer.
  5. All Employee's non-clinic marketing materials which include any information about Employer must be approved in advance.

Fees, Terms of Payment and Fringe Benefits

Employee shall be compensated at the base rate of $10 per hour, with an additional $5 per half hour massage and $10 per hour massage, not to exceed 30 hours per week. Employee shall be paid biweekly. Employee shall receive payment on all services performed regardless of the collection time. Employee is eligible to participate in any of the following fringe benefits: health insurance, vacation time and employee pension plan (see policy manual).

Local, State and Federal Taxes

Employer is responsible for paying all required local, state and federal withholding, social security and Medicare taxes.

Workers' Compensation and Unemployment Insurance

Employer will provide Workers' Compensation and Unemployment Insurance.

Insurance

During the term of this agreement, Employee shall maintain a malpractice insurance policy of at least $2,000,000 aggregate annual and $1,000,000 per incident. Employer shall maintain insurance coverage for liability, fire and theft.

Term of Agreement

Either party may terminate this agreement, given reasonable cause, as provided below, or by giving 30 days written notice to the other party of the intention to terminate this Agreement:

  1. Material violation of the provisions of this Agreement.
  2. Action by either party exposing the other to liability for property damage or personal injury.
  3. Violation of ethical standards as defined by local, state and/or national associations and governing bodies.
  4. Loss of licensure for services provided.
  5. Employee fails to maintain the standard of service deemed appropriate by Employer.
  6. Employee engages in any pattern or course of conduct on a continuing basis which adversely affects Employee's ability to perform services.
  7. Employee engages in any pattern or course of conduct on a continuing basis which adversely affects Employer's or other employees' ability to perform services.
  8. It is agreed that any unresolved disputes will be settled by arbritration, including costs thereof.

This constitutes the entire agreement between Employee and Employer and supersedes any and all prior written or verbal agreements. Should any part of this agreement be deemed unenforceable, the remainder of the agreement continues in effect. This agreement is governed by the laws of the District of Columbia.

Signatures

Contractor: Date:
Clinic: Date:
Witness: Date: