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?
The Travis Texas Independent Contractor Agreement is a legally binding contract designed for licensed counselors and therapists in Travis County, Texas who operate as independent contractors or solo practitioners. This agreement outlines the terms and conditions that govern the working relationship between the licensed counselor and therapist and the client receiving counseling or therapy services. It is important for both parties to understand and agree upon the terms of this agreement to ensure a transparent and mutually beneficial partnership. Keywords: Travis Texas, independent contractor agreement, licensed counselor, therapist, solo practitioner, counseling services, therapy services, terms and conditions, working relationship, client, partnership. Types of Travis Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. Standard Independent Contractor Agreement: This type of agreement establishes the basic terms and conditions between the licensed counselor and therapist and the client, specifying details such as fees, scheduling, cancellation policy, confidentiality, and professional standards. 2. Specialized Independent Contractor Agreement: In some cases, licensed counselors and therapists may provide specialized services such as marriage counseling, family therapy, addiction counseling, trauma therapy, or other specific areas of expertise. This type of agreement will include additional provisions and considerations specific to these specialized services. 3. Group Practice Independent Contractor Agreement: If a licensed counselor or therapist is part of a group practice but operates as a solo practitioner within that group, a separate agreement may be necessary. This agreement would clarify the roles, responsibilities, and rights of the solo practitioner within the larger group practice. 4. Renewal and Amendment Agreement: Over time, changes may occur in the professional relationship between the licensed counselor and therapist and the client or in the practice itself. A renewal or amendment agreement can be utilized to update or extend the initial independent contractor agreement, reflecting any changes in services, fees, or terms. Overall, the Travis Texas Independent Contractor Agreement provides a comprehensive framework to ensure clarity, professionalism, and legal compliance between licensed counselors and therapists and their clients while practicing as solo practitioners. It is crucial for both parties to review and understand the content of the agreement before entering into a therapeutic relationship.
