An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
Colorado Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legal agreement that outlines the terms and conditions of the working relationship between two parties engaging in a counseling and therapy partnership. This arrangement is specifically designed for professionals practicing in the state of Colorado. Keywords: Colorado, independent contractor agreement, licensed counselor, therapist, solo practitioner, counseling, therapy, legal agreement, terms and conditions, working relationship, partnership. This type of independent contractor agreement is unique to licensed counselors and therapists operating in a solo practice setting within Colorado. It provides a comprehensive framework to govern the professional relationship between the contractor (the licensed counselor and therapist) and the client (another licensed counselor and therapist practicing as a solo practitioner). The agreement covers essential aspects such as the scope of services to be provided, responsibilities and obligations of each party, payment terms, confidentiality, intellectual property rights, dispute resolution, and termination clauses. These terms aim to protect both the contractor and the client and ensure a clear understanding of their respective roles and expectations. Different types or variations of this agreement may exist depending on the specific circumstances and preferences of the involved parties. For example, some independent contractor agreements may include additional sections related to non-compete agreements, non-solicitation clauses, or specific limitations on the geographic area where the contractor can provide services. To ensure the validity and enforceability of the Colorado Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner, it is crucial to seek legal advice from qualified professionals experienced in contract law and the specific regulations governing these professions in the state of Colorado. This will help ensure that all parties involved are adequately protected and that the agreement complies with the relevant legal requirements and industry standards.
