Terms and Conditions
1. Scope of Services
The Independent Contractor (IC) is an independently established business entity that agrees to provide professional birth-related services, including but not limited to: labor and postpartum doula support, childbirth education, lactation support, and placenta encapsulation. These services will be provided to clients referred by Great Expectations Birth LLC (the "Agency").
2. Compensation and Fees
Split: The IC shall receive 76% of the gross fee collected by the Agency for services successfully rendered. The Agency shall retain a 24% referral and administrative fee.
Payment Flow: All client payments must be made payable to Great Expectations Birth LLC.
Invoicing: The IC is responsible for submitting professional invoices to the Agency. The Agency will disburse the IC’s portion within 14 days of receipt of a valid invoice.
Agency Earnings: The first half of the Agency’s portion is considered earned upon the signing of the client contract; the remainder is earned when the client is billed in full.
3. Professional Standards
Standard of Result: The IC agrees to provide services that meet the Agency's professional quality standards. While the IC maintains full control over their specific methods, techniques, and "how-to" of the work, they agree to use Agency-provided materials (such as the Preparing for Birth journal) when requested to ensure a consistent result for the client.
Conduct: The IC shall conduct themselves in a professional manner suitable for clinical and home-birth environments. The IC is responsible for their own professional attire and equipment.
4. Client Ownership and Non-Solicitation
Client Ownership: All clients introduced to the IC through the Agency remain customers of the Agency. This includes prior "repeat" clients.
Non-Solicitation: During the term of this contract and for 12 months following its termination, the IC agrees not to solicit or provide birth-related services to any Agency client with whom the IC had direct contact during their partnership.
5. Intellectual Property and Privacy
Content Rights: Photos, birth stories, or testimonials regarding Agency clients may not be shared on the IC's personal social media or websites without express written permission from both the client and the Agency.
Data Protection: The IC will not use Agency client data to build their own personal marketing lists or digital footprint outside of the work contracted through the Agency.
6. Independent Contractor Status
Classification: The IC is an independent contractor, not an employee. The IC maintains their own independent business and is free to work with other agencies or private clients.
Obligations: The IC is responsible for their own professional liability insurance, certifications, and the payment of all self-employment taxes. The Agency does not provide workers' compensation or unemployment benefits.
7. Term and Termination
At-Will: Either party may terminate this agreement at any time with written notice.
Continuity of Care: To protect client safety and the Agency’s reputation, the IC agrees that "effective immediately" termination does not waive the duty to fulfill any shifts scheduled within 72 hours of the notice. The IC agrees to fulfill all "active labor" or "imminent birth" contracts currently in progress at the time of notice unless otherwise agreed to in writing by the Agency.
8. Liquidated Damages for Abandonment
The IC acknowledges that a "no-show" or failure to fulfill the continuity requirements in Section 7 causes immediate, difficult-to-calculate financial and reputational harm (including emergency administrative costs and client refunds). The parties agree that if the IC fails to fulfill a scheduled shift or the continuity period, the Agency shall be entitled to liquidated damages equal to the total fee of the abandoned shift(s). The Agency is expressly authorized to deduct this amount from any outstanding balance owed to the IC.
9. Liability & Indemnification
The IC agrees to hold the Agency harmless from and against all claims of liability, loss, damage, or injury resulting from the negligence or misconduct of the IC.
10. Contractor shall, at their own expense, maintain professional liability insurance (Errors and Omissions) with a minimum limit of $1,000,000 per occurrence. Contractor agrees to name Great Expectations Birth as an Additionally Insured on said policy. Contractor shall provide Great Expectations Birth with a Certificate of Insurance (COI) evidencing such coverage prior to performing any services under this Agreement. Contractor’s insurance shall be primary, and any insurance maintained by Great Expectations Birth shall be non-contributory.