Gazziegirl (Unregistered Guest)
Posted From: pcp03356660pcs.midltn01.ct.comcast.net
|Posted on Tuesday, June 28, 2005 - 3:42 pm: ||
Does anyone have a sample contract they are willing to share to get me started?
Post Number: 89
Posted From: 22.214.171.124
|Posted on Monday, March 20, 2006 - 9:11 am: ||
i also need a sample contract and a no compete contract. does anyone help?
Post Number: 604
Posted From: 126.96.36.199
|Posted on Tuesday, March 21, 2006 - 3:15 pm: ||
I cant help with a contract however as I understand it, an IC has the right to work Anywhere they please and Leagaly can not be ask to sign a Non-Compete as it goes against the definition of IC
Post Number: 6
Posted From: 188.8.131.52
|Posted on Thursday, March 23, 2006 - 8:20 am: ||
This topic is a great one to talk about. There is another thread running in another part of the board. Here is what I posted there:
An independent contractor is just that and therefore typically can not be held to a non-compete agreement. There are a couple of avenues to explore with this. You can offer a non-compete and realize that if it is challenged in court you will lose. At lot of people do not understand that, so you might be able to get someone to sign it and then they would be “scared” of trying to compete around you. You can specify a non-compete for an independent contractor that would prevent from marketing to your customers but this is quite a major legal document. For instance, the independent contractors that do installation for Lowes or Best Buy have a similar type agreement that prohibits them from selling items to those “referral” customers. If you look at employment laws from state to state you will find ANY non-compete is very complicated. Just downloading a form from the net usually does not cut it. Get an attorney and spend a couple hundred to get it done right. You are not allowed to prevent people from working in their trade, only in specific areas. One of the non-competes that I looked at had a 15 mile radius and that could not hold up in court in Indiana. Way to big of a radius. Your best bet is to hire someone as an employee paid on a contractual basis (i.e. commission) that way you can have a non-compete plus the added advantages of an employee instead of a contractor. There are a ton of legal issues that go along with having a “contractor” in your business. Most insurance companies will not handle anything that occurred under a “contractor” as they will specify that the contractor has insurance. I can tell you a million reasons why not to have an independent contractor but I think that is getting away from the original post.
Post Number: 20
Posted From: 184.108.40.206
|Posted on Thursday, March 23, 2006 - 2:07 pm: ||
Good post indianabc! The independent contractor laws get so easily blurred. You see, I work for a friend of mine very part time and I have my own shop too. I'm the sole person at my shop so I work at my friend's shop just to have fellow groomers to talk with and to help her out. I'm an independent contractor, or suppose to be, and we got in a disagreement because she stepped over the line and tried to control what I did too much. I had to take a wk. off (an unforseeable set of circumstances came up) and I'm suppose to be allowed to do that, as I have no set days I work with her (and neither does her other groomer who is also an independent contractor) and had no dogs booked when I needed to take that time off (plus, I gave her plenty of notice). She demanded that I work anyway. Long story short, it boiled down to us arguing over what the terms of an independent contractor are. She told me that her lawyer told her that because I own my own business that she could take part of the proceeds from my business because I also work for her. This ticked me off, because I owned my business before working with her, only went to work with her because she said she needed the help AND have no, no compete contract with her what-so-ever. So I contacted 2 lawyers myself. One was my own lawyer and one was a business lawyer and they both said that what her lawyer said was NOT true. This disagreement over the terms of being an independent contractor has caused a lot of hurt feelings on both sides. I personally wouldn't monkey with no compete contracts with independent contractors.
Post Number: 9
Posted From: 220.127.116.11
|Posted on Tuesday, December 26, 2006 - 11:49 pm: ||
Ok - since nobody is volunteering anything and I have already been thouroughly shafted by the IRS and one (two) IC's on this issue I have decided after seeking legal advice to start drafting something. Contributions welcome - maybe we can set this straight after all.
I ______________________ (herein referred to as the worker) agree that I have read and agree to the terms of this contract. I agree that I the worker am classified as an ‘Independent Contractor’ who is not an employee of Groomer Enterprises Inc, trading as Poochies (herein referred to as Poochies). I am not entitled to Unemployment Insurance benefits, nor are the owners of Poochies required to pay employer contributions nor withhold employee taxes.
I the worker have the right to direct and control the manner and means by which I perform my work, I have the right to enter and leave the business premises of Poochies at will and I agree that I have been assigned a key to access the premises should I wish to perform services outside Poochies standard opening hours.
Equipment. I the worker will furnish, repair, and maintain all of my own equipment which includes but is not limited to cages, cage air dryers, tables, clippers, combs, brushes, blades, scissors and supplies including bandanas, shampoo’s and other necessary supplies.
Advertising. I the worker will plan and bear the cost of my advertising and set any special prices, the use of coupons and other promotional offers and provide my own business cards.
Prices. I the worker will set my own prices and agree that I have complete control over how much I charge for any work carried out by myself on Poochies premises.
Business Hours and Appointments. Poochies has established its own business hours. Poochies does not require either that the individual pet groomers be present during those hours or that they only take appointments during those hours. As the worker I agree that I set my own appointments and are not bound by the business hours of the establishment.
Cashiering. Poochies will not collect receipts for supplies or equipment required by groomers, will not make decisions about extending credit to customers, and is not responsible for any bad checks issued by customers for services performed by the worker. As the worker I am responsible for collecting my own fees, will make decisions about extending credit, and am individually responsible for any unpaid credit accounts and bad checks.
Method of Payment. I the worker will pay Poochies the agreed percentage of ______ % of weekly gross or $______ per week as payment for floor space rental, lighting, electricity whichever is the greater.
Supplies. I the worker will purchase my own supplies and am not required to use or pay for supplies provided by Poochies. I will have access to the bather at poochies should I wish them to perform pet bathing services on my behalf which I will pay the agreed sum which will be negotiated on a case by case basis.
Integration. Poochies performs pet bathing, drying and brushing services only. Pet grooming services are not an integral part of the Poochies business, these services are outsourced to independent groomers who perform independent contractor services. No groomers will be offered or requested to become employee’s as this is not a primary function of the business
Personal Services. I the worker can delegate someone else to perform my services.
Insurance. Poochies pays for and provides an errors and omissions liability insurance policy for the business premises, as an independant pet groomer I am required to pay for and provide my own errors and omissions liability insurance policy for my services. I will furnish a copy of my insurance coverage to Poochies.
Licenses. As the worker I am aware that should a city and county business licenses be required for me to operate as an independent groomer that I should furnish a copy of these licences to Poochies.
Contracts. This document when signed is considered a signed contract, lease agreement, and station rental agreement which provides for a fixed weekly rental fee, and under which the worker is provided with keys to the shop and have legal right to enter and serve clients at times of my choosing
Termination & freedom to Operate. I the worker acknowledge that I have the right to terminate this agreement at any time without notice and have the freedom to operate in any other business regardless of proximity or competition.
Post Number: 1677
Posted From: 18.104.22.168
|Posted on Wednesday, December 27, 2006 - 12:52 am: ||
Get an attorney to handle this work. Way too complicated to do without counsel. I tried at one time to write one up when I was going to rent a space from a pet shop. I backed out of the deal before signing it but I would never try to write something like that again on my own.
Post Number: 107
Posted From: 22.214.171.124
|Posted on Wednesday, December 27, 2006 - 7:59 am: ||
This contract is confusing. 1. The term should be "contractor" not worker. 2. Is the contractor a groomer or bather? The paragraph under Intergeration is confusing because of the changes of terms.
An IC contract is not really that hard. In fact, the less information is usually better in the terms of the IRS. The more rules and regulations, the more the person is considered a employee.
You have covered the major IRS points - Behavioral Control and Financial Control. Check out IRS Pub 1779 for more on this.
I would mention in any "contract" that the company will provide, as required by law, a IRS Form 1099-MISC for any contractor that is not a legal entity. The contractor will be responsible for any applicable federal and state taxes such as SECA and federal income tax.
Post Number: 3557
Posted From: 126.96.36.199
|Posted on Wednesday, December 27, 2006 - 8:08 am: ||
My only concern is that you are giving the groomers access to the building 24 hours a day. Do they often groom past regular business hours?
It's probably just me, but I would want a little more control over my premises.
Other than that, it sounds like you have it covered. A quick look by a lawyer would probably be a good idea.