Indepedent Aggrement form
Hi there,
I am starting with a new spa as an indepedent contractor, anybody have a link that you recommend to print a form. Thank you.
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Replies to This Discussion
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Permalink Reply by Roberta Gilbert on
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Hi Amalia,
ASCP has a Services Contract Form if you click on business tools, and then business forms. It may not be exactly what you were looking for but its something to get you started.
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Permalink Reply by Teresa Escoffery on
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Before anything, you should make sure they are properly classifying you as an independent contractor vs. employee. A contract stating you are an IC means nothing.
Are you required to work certain hours?
Are you required to follow any protocols established by the spa?
Are you required to wear a specific uniform?
Are you required to use products the spa stipulates?
Do you have to have time off approved?
Are you required to do anything OTHER than the services for which you are licensed? (answering phones, helping with laundry, etc)
If the answer to any of these is YES, there is a very good chance you shoudl be an employee of the spa and not a contractor.
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Hi Teresa, thank you very much for your reply. The answer to all questions is no. I will check the IC form and thank you again. Wish you all the best. Amalia
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I am trying to hire an IC, would you mind sharing the details of your arrangement? Percentages, product, etc..thank you
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By law, an independent contractor provides their own product
Also, be careful of the language you use. you "hire" an employee, you "Contract" and independent contractor.
the lawyers I have spoken with would disagree with some of the statements in this blog, but it is better to be safe than sorry. http://www.thisuglybeautybusiness.com/
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Hi Teresa, I can email a copy of my IC please let me know your email and I will attached.
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tsmassage@comcast.net
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I would like a copy of one too, if that is okay.
suzyschillaci@gmail.com
thank you in advance!
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I suggest you consult an attorney and have a proper contract drafted. This does not cover any of the necessary information
As long as IC conducts business as an independent contractor at Spa Name, cannot offer her services as an independent contractor to any other business related to one of our clinics or associates and cannot disclose any information of Spa Name to any social media. This includes the office procedure and policies and protocols.
Careful...this language could be interpreted as a non-compete
Spa Name agrees to pay 50%f profits for any treatment on Spa Name clients
Lots of problems here -- 50% of profits or 50% or revenue? Huge difference between A and B. you wont know your profits on a job/client until you file their annual taxes.
and 60% for any of IC personal clients
An IC can't see personal clients at the spa -- an IC, by definition, can only work on clients of the spa. What you are trying to do, in effect, is rent the spa space to this practitioner so they can work on private clients and you collect rent on a per service basis. That is a booth rental situation and needs to be in a separate document.
and 40% of products sold
Are these products the contractor bought and sold or the Spa's products the contractor sold? If the former, you are asking the contractor to make $0 on a product sale since most lines have about a 40% margin. If these are the spa's products, you have the transaction backwards. The IC would have to buy the products from the Spa at a certain price and can resell them to the customer at whatever price they want -- you cannot dictate that.IC will render payments daily upon completion of the treatment, etc. IC will submit an invoice to Location daily.
IC's BILL their clients (the spa) for their work -- IC's dont make payments to the spa, the spas make payments to the ICs based on the invoice received
IC agrees that she is an independent contractor, and not an employee of SpaName, therefore agrees that she is responsible for reporting her own income reports to the IRS.
NO -- the Spa is responsible for issuing a 1099 to all contractors and to the IRS. What the contractor does with the 1099 is their business. the SPA is responsible to reporting income to the IRS.
Simply stating someone is an IC is NOT sufficient protection. Consult a labor attorney immediately!
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