Self Employed Nail Technician’s (Chair Rental) Contract
In many businesses, particularly those associated with hair and beauty, chair rental agreements, whereby the hairdresser, therapist or nail technician is self employed 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 Regulation).
This Self employed Nail Technician (Chair Rental) Agreement is designed for use by a salon engaging a self-employed nail technician whereby the salon allows the technician to use the salon’s equipment and premises.
Under the terms of this template 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 document 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 agreement aims to reduce the risk that the technician might be deemed to be a de-facto employee of the salon rather than a self-employed contractor. However, whether he is treated by HMRC, an employment tribunal, or any other body, as self-employed 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 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 and the technician take professional employment law, tax, and NIC advice in relation to the particular circumstances before you decide to use or adapt this template.
Nevertheless, a carefully worded agreement 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 agreement is suitable to use only where the nail technician is a self-employed individual but we have also included (in the Service Company Contractors subfolder) another version of this contract, the Nail Technician Chair Rental (Service Company) Contract 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, and IR35, 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 following clauses:
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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