How to handle claus in contract

[JUSTIN BIEBER FTW!!!!!!]

I finally received the contract for the place I am going to work. It states this though, and it kind of disturbs me.

"contractor has the right to perform services for others during the term of this agreement. Upon termination of agreement, contract and day spa shall discuss which clients, under what conditions and with what compensation contractor may maintain continuity of service. All client records shall remain the property of the day spa unless other wise noted."

I do not plan on working there forever but I do plan on working there for at least 6 months to a year. Should I be alarmed by this?

 

[Allmosquitos.com]

Sounds like a pretty liberal non-compete to me.

 

[whittneylacrosse]

Also sounds more like you will be an employee (at least as far as IRS standards go) than a contractor - regardless of what they *say*.

 

[2010 :)]

So I shouldn't worry and go ahead and sign it?

 

[Pompal 09.]

Its liberal but leaves to much room for interpation in my opinion.

Yes, they need to clarify this applies to day spa clients. I would also think they could clarify that if a client wants to continue to see you elsewhere, they are allowed. Sheez, this is america.

Records should always stay at the place of employment.

And yes, you might want to check to make sure you shouldn't be an employee. But the place of employment won't want to here that as they don't want to pay extra for you to actually be an employee which is why they hire IC but expect them to act like employee's.

 

[Assist_u]

Also sounds more like you will be an employee (at least as far as IRS standards go) than a contractor - regardless of what they *say*.

I don't see anything in there that implies employee status.

 

[Fallon]

If you don't like the clause, you can always mark it out and initial the mark out, have the contractor initial the mark out -- then both parties sign it.

This happens a lot with contracts. Different people will be comfortable working with different things and many times it is not a big deal to the individual asking you to sign the contract.

 

[Ming]

Oh I didn't word that right.

If the therapist leaves, you get to a point where you go to reschedule your regular and basically tell them you can't, they can see another therapist.... well, the client might say no, I want to continue to see you, where will you be working?

In those situations, I can't see how it would be wrong to offer that info.

However, I understand it wouldn't be good to push the client to your next location.

Anyways, the one place I left that had a clause, that is how we handled it. I don't know if they ever eavesdropped to see if I was saying it that way but I was. I told the client I was leaving that establishment and they can be rescheduled with another therapist. Some did that, others said no, I want to still see you. OF course I also had clients that I had brought into the office and then I just told them right off the bat where I would be going.

Hope that makes more sense. lol

 

[Pompal 09.]

Also sounds more like you will be an employee (at least as far as IRS standards go) than a contractor - regardless of what they *say*.

I don't see anything in there that implies employee status.

I was wondering the same.