Believe Day Spa & Boutique Massage Therapy Independent Contractor Agreement
This agreement, dated February 1st, 2012, is between Believe Day Spa ("clinic") and ____________________ ("contractor")
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:
- Contractor has control of the means, manner and method by which services are provided.
- Contractor furnishes all necessary supplies and materials used in the performance of services (e.g., oils, lotions, linens and music).
- 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.
- Contractor shall indemnify and hold Clinic harmless from any loss or liability arising from services provided under this agreement.
- 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 massage table appointment scheduling according to Contractor's stipulated hours; and marketing.
All Contractor's marketing materials which include any information about Clinic must be approved in advance.
Fees, Terms of Payment and Fringe Benefits
Contractor agrees to keep $25 for in clinic service and $40 for mobile service (New Massage Therapists $17 for in clinic service and $30 for mobile service). Clinic shall retain the remaining fees collected on behalf of contractor to cover operating expenses, room rental, equipment usage and marketing (see Other Provisions). 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.
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:
- Material violation of the provisions of this Agreement.
- Action by either party exposing the other to liability for property damage or personal injury.
- Violation of ethical standards as defined by local, state and/or national associations and governing bodies.
- Loss of licensure for services provided.
- Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Contractor's ability to perform services.
- 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.
- 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.