As a personal trainer you may opt to team with a massage therapist. This agreement is a great start to protect yourself, and your business.
AGREEMENT for an Independent contractor 1099 forms
AGREEMENT made on __________date between_________ – Licensed Massage Therapist (owner)
ENGAGEMENT – The Owner – who conducts her Massage Therapy services as an Independent Contractor within the business known as ________& Nutrition Center located at ________________ accept the employment engagement upon the terms and conditions set forth within this Agreement.
TERM – The term of the Agreement shall commence on __________, 2017, and shall continue until terminated in accordance with the terms herein.
SERVICES – The Contractor is a Licensed Massage Therapist who shall practice her licensed profession at the office of the Owner on days / times she designates. Contractor shall only perform those services, which are within the scope of the Owner’s professional practice, and further provided is licensed for said services and is covered by a professional malpractice insurance policy.
FEES –
DISCLOSURE OF INFORMATION – __________ acknowledges that the list of the Owner’s clients, marketing methods, materials, and all other intellectual property of the Owner are valuable and unique assets of the Owner’s business. The Contractor will not, during or after the term of this agreement, disclose the list of the Owner’s clients or said intellectual property or any part thereof to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever. In the event of a breach by the Contractor of the provisions of this paragraph, the Owner shall be entitled to pursue all legal remedies available to the Owner including but not limited to the recovery of damages from the Contractor. Contractor shall at all times maintain client confidentiality.
EXPENSES – Owner shall pay for all expenses associated with the office. Contractor shall pay for their own Contractor’s license fees, malpractice insurance premiums, and any other associated dues or educational fees. Owner may use the name and license of Contractor in promotional material. Any promotional material that Contractor shall provide shall be done at Contractor’s expense and with the consent of Owner.
TERMINATION – With cause, the Owner may terminate this Agreement at any time. Without cause, each party may terminate the Agreement upon sixty (60) days written notice to the other.
DEATH – If the Contractor dies during the term of this Agreement, the Owner shall pay to the estate of the Contractor the compensation which would otherwise be payable to the Contractor for accrued work.
RESTRICTED COVENANT – For a period of ninety (90) days after the termination of this Agreement, the Contractor will not solicit any clients of the owner or any other clients that were treated by the Contractor at the Owner’s office, excluding however the clients whom the Contractor had as her clients prior to execution of this Agreement. In the event of a breach by the Contractor of the provisions of this paragraph, the Owner shall be entitled to pursue all legal remedies available to the Owner including but not limited to the recovery of damages from the Contractor.
ARBITRATION – Any disagreement or claim arising out of or relating to this Agreement shall be communicated first, in writing and shall be settled by arbitration in Hartford, Connecticut in accordance with the rules of the American Arbitration Association, whose judgment upon and any award rendered may be entered and enforced in any court having jurisdiction thereof.
NOTICES – Any notice required or desired to be given under this Agreement shall be deemed given if in writing and sent by certified mail to the Contractor’s residence in the case of a notice to the Contractor, or to the Owner’s office – located at ________________________________________, in the case of a notice to the Owner.
WAIVER OF BREACH – No waiver shall be valid for any provision of this Agreement unless in writing and signed by both the Owner and Contractor.
ASSIGNMENT – The Contractor acknowledges that the services, duties, obligations to be rendered by her are to be conducted by her and can not be assigned or delegated to any other person(s) under this agreement.
ENTIRE AGREEMENT – This Agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by both parties detailing any wavier, change, modification, extension or discharge sought.
Date: ________________ Date: _______________
______________________ _____________________
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