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?
Houston Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legal contract that outlines the professional relationship between a licensed counselor and therapist who want to work together on an independent contractor basis. This agreement specifically caters to the context of Houston, Texas. In Houston, Texas, there may be different types of Independent Contractor Agreements between licensed counselors and therapists practicing as solo practitioners. Some potential variations could include agreements for: 1. Licensed Counselor and Therapist Partnership: In this type of agreement, two or more licensed counselors and therapists come together to practice as solo practitioners under a single entity. The agreement outlines the specific terms of the partnership, such as the division of responsibilities, financial arrangements, and decision-making processes. 2. Licensed Counselor and Therapist Collaboration: Here, two licensed counselors and therapists agree to collaborate on specific cases or projects, maintaining their independent practices. The agreement defines the scope of collaboration, expected contributions from each party, and how they will communicate and share information. 3. Licensed Counselor and Therapist Referral Agreement: This agreement is between a licensed counselor and therapist practicing as a solo practitioner and another licensed counselor or therapist who refers clients to them. It outlines the terms and conditions of the referral relationship, including the referral process, compensation, and any other relevant terms like confidentiality and client management. 4. Licensed Counselor and Therapist Consultation Agreement: This type of agreement is for licensed counselors and therapists who provide consultation services to other counselors and therapists. It defines the scope of consultation, the fees, and the obligations of both parties, ensuring a professional and mutually beneficial arrangement. Key elements typically included in a Houston Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may cover: — Parties: Names and contact details of the independent contractor (the licensed counselor and therapist) and the client (solo practitioner). — Scope of Work: Detailed description of the services to be provided by the independent contractor. — Compensation: Terms and conditions of payment, including hourly rates, commission structures, or other agreed-upon compensation methods. — Term and Termination: Duration of the agreement and conditions that may lead to its termination by either party. — Confidentiality: Assurance that all client information and professional details will be kept confidential by both parties. — Indemnification: Provisions defining the responsibilities and liability of each party in case of professional malpractice or negligence. — Intellectual Property: Clear statement regarding ownership and usage rights of any intellectual property created or utilized during the course of the agreement. — Dispute Resolution: Methods to resolve disputes or disagreements that may arise during the contract period, such as mediation or arbitration. — Governing Law: The specific laws of Texas and Houston that will govern the agreement. It is crucial for both the licensed counselor and therapist and the solo practitioner to review and understand the agreement thoroughly before entering into a professional relationship. Seeking legal advice from a qualified attorney familiar with the laws and regulations of Texas and Houston is advised when drafting or revising such agreements.
