Terms and Conditions
We Got Your Back Toronto™
Contract and Terms and Conditions
Status as Independent Contractor
We Got Your Back Toronto™ is an independent contractor and not an employee of the Client (Spa/Gym/Clinic). As an independent contractor, Client and Contractor agree to the following:
a. We Got Your Back Toronto™ has control of the means, manner and method by which services are provided.
b. Clinic/Client furnishes all necessary supplies and materials used in the performance of services (e.g., oils, lotions with linens and music optional).
c. We Got Your Back Toronto™ has the right to perform services for others during the term of this Agreement.
d. We Got Your Back Toronto™ shall indemnify and hold Client harmless from any loss or liability arising from services provided under this agreement.
e. We Got Your Back Toronto™ is responsible for ensurng that the RMT holds the appropriate certification, licensure and liability insurance of $300,000 +.
f. We Got Your Back Toronto™ will require each RMT to wear all black but if clinic prefers them to wear their uniform or anything other than their own, the clinic/client must provide the RMT their new outfits.
g. Client must send/e-mail their hourly wage and agree to a 65/35 split of that rate with an additional 5% charge on holidays.
h. Client agrees to pay at the end of the day. Invoice will be sent within the day by We Got Your Back Toronto™
Term:
The term of this contract shall be for _____ (duration) starting ______ and ending _______ (time)
This contract is for the hiring of a temp RMT on (date) ________________ . Other days and times can be negotiated as available.
Charges: The contractor agrees to pay ______ A late fee of $10 per day will be deducted from the total charges.
Services to Be Provided by Contractor
Contractor agrees to provide massage therapy services within the scope of licensing. Contractor agrees to dress in a style consistent with the Clinic’s image and provide services in accordance with the Clinic’s philosophy.
Patient records are the responsibility of the contractor and will be kept by the contractor in a secure place.
Services to Be Provided by Clinic
Clinic shall provide the following: a safe, clean environment; a room furnished with a table, chair, stool, stereo, storage area; receptionist area with desk and file storage area, laundry facilities and kitchen area, bottled water, phone services with voice mail box.
Fees, Terms of Payment and Fringe Benefits
Contractor shall set the amount of fees for services provided to clients and is responsible for collecting all money from clients.
Hours of Service:
We Got Your Back Toronto™ operates Monday to Friday 9 am to 6 pm, Saturdays at 9 am to 5 pm. Business is closed on Sundays.
No Partnership
This agreement does not create a partnership relationship. Contractor does not have the authority to enter into contracts on Clinic’s behalf.
Resolving Disputes
If a dispute or claim arises out of or relating to this Agreement or breach thereof shall be settled promptly by mediation provided, however, that the mediator shall have no authority to add to, modify, change or disregard any lawful terms of this agreement. Any costs and fees of mediation shall be shared equally by the parties. If both parties are unable to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute/claim to a mutually agreed upon arbitrator. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Costs of arbitration will be allocated by the arbitrator.
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:
a. Material violation of the provisions of this Agreement.
b. Any action by either party exposing the other to liability for property damage or personal
injury.
c. Violation of ethical standards as defined by local, state and/or national associations and governing bodies.
d. Loss of licensure for services provided.
e. Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Contractor’s ability to perform services.
f. 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. 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 Washington State.
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