Here is a portion of the Independent Contractor agreement showing four of the approximately 31 different paragraphs that make up the various terms and conditions of the agreement.
3. Professional Liability Insurance. Contractor, at its sole cost, shall obtain and maintain throughout the term of this Agreement, professional liability (malpractice) insurance with an insurer licensed in the state in which the Practice is located, selected by Contractor, in its discretion, with coverage amounts of not less than $1 million per incident or $2 million in the aggregate. Said policy shall specifically identify Contractee as a named or additional named insured, or as otherwise covered by the policy of insurance. Contractee shall be responsible for reimbursing Contractor for any deductibles, costs, or expenses incurred and paid by Contractor under the insurance policy in the event a claim is made arising out of services provided by Contractee.
4. Compensation. Contractor agrees to pay Contractee for the services rendered under the terms of this Agreement at the rate of $ _________ per ________________. Contractee shall not be entitled to any other remuneration for the services provided hereunder.
5. Independent Contractor. The parties acknowledge that the retention of Contractee by Contractor is as an independent contractor and not as an employee, partner, associate, agent, principal, officer, joint venturer or any other form of business relationship. This paragraph 5 shall survive termination of this Agreement.
As an independent contractor, Contractee acknowledges that he or she is not entitled to the rights or benefits afforded to employees of Contractor, including disability or unemployment insurance, worker’s compensation insurance, medical insurance, sick leave, vacation leave, retirement, pension, or any other employment benefit. Except as otherwise provided for herein, Contractee is responsible for providing, at his or her own expense, disability, unemployment, workers’ compensation, and other insurance, training, permits, and licenses for him or herself. Contractee further acknowledges that he or she is responsible for paying when due all income taxes and related taxes, including estimated taxes, incurred as a result of the compensation to Contractee from this Agreement. As consideration for this Agreement, Contractee agrees to indemnify and hold harmless Contractor as against any claims, costs (including actual attorneys’ fees incurred), losses, fees, penalties, interest, or damages suffered by Contractor or claimed against Contractor by any entity as a result of Contractee’s failure to comply with this provision.
Contractee further warrants that he/she will make no claim against Contractor arising from or related to wage and hour laws, or asserting that he/she is or was an employee and not an independent contractor. Contractee acknowledges that substantial consideration for the compensation paid was based on this being a Contractor-Contractee, and not Employer-Employee, relationship. Accordingly, if Contractee makes a claim during or subsequent to his/her retention that he/she was an employee and not an independent contractor, Contractee agrees that paragraph 4 above shall be null and void and his/her compensation shall be adjusted retroactively to the start of the working relationship to the minimum hourly wage permitted by law, and Contractor shall recover back from Contractee, and Contractee shall pay to Contractor, all monies paid to Contractee under this agreement which are over and above the Minimum Wage applicable in the state in which the Contractor's business is located, and paragraph 4 above shall be superseded by this provision.
6. Facilities, Equipment, Supplies and Personnel. Contractor shall provide or arrange to provide such space, facilities, equipment, allied health professionals, administrative personnel, supplies, utilities and administrative services as are reasonably necessary in Contractor’s opinion for Contractee to carry out his/her duties under this Agreement, provided, however, Contractee may provide, at Contractee's sole expense, any additional equipment or personnel which Contractee deems he/she needs to perform the contracted services.