Self Employed Nail Technician (Chair Rental) Agreement
In many businesses, particularly those associated with hair and beauty,
chair rental agreements, whereby the hairdresser, therapist or nail
technician is a self employed sole trader and pays a fee to a salon in
order to use their premises and equipment, are popular.
This document is compliant with the GDPR (General Data Protection
This Self Employed Nail Technician (Chair Rental) Agreement is designed for
use by self-employed nail technicians in order to use the equipment and
premises of a salon.
Under the terms of this agreement, payment to the salon takes the form of a
standard fee plus a percentage of the technician’s takings. Optional
clauses in this contract also allow the technician to provide services to
the salon’s own clients. In this case, the clients would pay money directly
to the salon with the salon then paying a percentage to the technician.
The template is written in such a way that there is a clear distinction
between the technician’s clients and the salon’s clients. In addition, the
technician is prevented from soliciting the salon’s clients. Optional
elements within the contract allow this provision to be ‘softened’ or
‘toughened’ as appropriate.
This form of chair rental agreement aims to reduce the risk that the
technician might be deemed to be a de-facto employee of the salon rather
than a sole trader who is a self-employed contractor. However, whether he
is treated as self-employed by HMRC, an employment tribunal, or any other
body, will depend not only on what is contained in his contract but also on
all other circumstances: those circumstances will include the way in which
the contract is implemented, and the conduct of the technician, the salon
and any person engaged by the technician to do any of the work for the
technician, and all related arrangements between them.
HMRC provides some guidance on its website about self-employment. Its
decisions as to whether someone is a sole trader who is self-employed are
often based on a “balancing exercise” in which it gives weightings to
various factors. However, neither the HMRC guidance nor case law are
sufficiently precise to enable anyone to predict how in any particular case
the “balancing exercise” would be carried out or what HMRC’s conclusion
will be about that particular case. For that reason we recommend that you
take professional employment law, tax, and NIC advice in relation to your
particular circumstances before you decide to use or adapt this template.
Nevertheless, a carefully worded contract ensuring the independence of the
technician is a key starting point. As a self-employed individual (rather
than as an employee of the salon), the technician is, for example, free to
engage a suitably qualified person to do some or all of the work in his
place, and is free to determine when and how work is completed (subject of
course to the salon’s requirements.
This contract is suitable to use only where the nail technician is a
self-employed individual but we have also included in this subfolder a
version of this template (the Independent (Company) Nail Technician (Chair
Rental) Agreement) where the technician instead operates through the
mechanism of a personal service company. Please see the information page
accompanying that version for guidance about tax, employment status, IR35,
and agency workers, where although the nail care will nevertheless be
carried out by the technician him/herself it is his/her personal service
company which enters into the Agreement with the salon.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
This Self Employed Nail Technician (Chair Rental) Agreement contains the
1. Definitions and Interpretation
2. The Technician’s Services
3. Nature of the Services
4. Self-Employment Status of the Technician
6. Technician’s Indemnity
7. Salon’s Indemnity
10. Data Protection
11. Nature of the Agreement
14. Alternative Dispute Resolution
15. Law and Jurisdiction
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