Terms of agreement

 

1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.

2. Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.

3. Confidentiality. The Contractor acknowledges that during the engagement  she will have access to and become acquainted with various trade secrets, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that she will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into her possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in her possession or under her control.

4. Non-Compete Because of the nature of Company’s pooled marketing efforts to build a collective business, Contractor may not accept private birth doula clients outside of the Company.  Company prefers to keep all clients within the Company process to ensure a professional and positive experience for every client.  Keeping clients in-house improves marketing, branding and future referral potential and helps to encourage participation in Company’s other offerings including classes and massage, which is to the benefit of everybody in the collective.  To allow for private client flexibility, Company has the option of the preferred doula upgrade; and details of compensation for private clients is outlined in Schedule A.  Private clients attained outside of usual Company methods must be tracked in the client database so backup doulas are aware and available if Contractor attends a private birth during a regular on-call shift.

   1. Black Mamas ATX Amendment - to allow contractors to make an impact with the Black community and those most affected by the maternal mortality and morbidity rates, we allow an exception to the non-compete for the organization Black Mamas ATX only. Contractors working with this organization will be limited to one call day a week with ATX Doulas and when their Black Mamas ATX clients are in labor and conflict with their ATX Doulas on call day/schedule, it is the contractor's responsibility to find coverage for their on call day/schedule. If at any time the ATX Doulas on call schedule is not covered due to the contractor attending an outside client, the Company at any time may terminate the engagement of the contractor immediately and without prior written notice to the Contractor.

5. Termination. The Contractor may terminate this Agreement at any time without prior written notice to the Company. In addition, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor.

6. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venture with the Company for any purpose. The Contractor is and will remain an independent contractor in her relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

7. Insurance. The Contractor will be responsible for any personal liability insurance relative to any service that she performs for the Company. Schedule A

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DUTIES, TERM, AND COMPENSATION

DUTIES OF CONTRACT DOULAS:

As a contract Doula, your job is to be on-call on the agreed upon days. On your on call day you are responsible for:

• Answering the phone and helping the client

• Attending to any labor and deliveries that occur on your shift

• Being at a birth within an hour of the client requesting help (extenuating circumstances taken into account)

• Notifying the team that the call was responded to

• Notifying back up doula that you are attending a birth and that she is now on call

• Staying 2 hours post delivery.  Then Promptly submitting an SR, filling out client notes and client stats.

• Appropriate email and phone call follow-up expected.

• Updating client notes each time you make client contact

• If you are unable to keep your call day at any time, you must notify your back up and arrange coverage and notify the group

• Contract doulas must have access to a cell phone, email address, and have reliable transportation and a clear criminal background.

• Contract doulas must abide by all conditions laid out in the ATX Doulas Protocol Policy manual

• Contractors with ATX Doulas are required to attend Meet the Doulas/Doulapalooza twice per month. Doulas that fail to attend at least 50% of all meetings may have their relationship with the collective terminated.

• Contractors must attend All Hands Meetings (AHM), this may take place at a different time than Doulapalooza

 

COMPENSATION OF CONTRACT DOULAS:

• Certified contract doulas will receive revenue from services rendered minus 20%.

• Contract doulas may be scheduled on a rotational basis to consult at prenatal appointments and compensated accordingly (Comfort Measures Class/Birth Plan Sessions).

• Contract doulas who attend a birth will also attend the postpartum followup appointment when purchased by a client; and will be compensated accordingly per visit.

• Contract doulas who attend a Doctor visit will be compensated per visit

• Contract doulas may only accept 6 friends and family clients annually. Period being January 1-December 31 of each year.

• Contract doula can have repeat clients run through the atx business.     

 

DUTIES OF CONTRACT EDUCATORS:

• Creating curriculum, one copy left in the property of ATX Doulas for each class developed and taught .

• Fulfilling teaching obligation for classes created and advertised

 

COMPENSATION OF CONTRACT EDUCATORS:

• Educators will receive revenue from services rendered minus 15%.

 

DUTIES OF CONTRACT NIGHT NANNIES/POSTPARTUM DOULAS:

• The postpartum period is defined as 0-3 months old.

• Postpartum doulas promote time for infant and family bonding while creating a sense of balance and organization during the recovery period.

• Postpartum Doulas offer support with infant care, breastfeeding support, sibling care, meal preparation, laundry, light housekeeping, emotional support, home organization, errand runs and safety tips and more.

• Night nannies allow parents to have a night of rest.

• If the Postpartum Doula has a previous client relationship before her hiring at ATXDoulas, she may fulfill the obligations of that employment. 

• A Postpartum Doula may work with any family freely who has a child over the age of 3 months and be within the scope of our confidentiality clause. 

• If the Postpartum Doula declines more than 3 offers of work on her said available times in any given quarter, then ATXDoulas reserves the right to immediately terminate her contract.

• The Postpartum Doula is expected to attend 1 Doulapalooza per month in order to represent herself and her expertise. 

 

DUTIES OF CONTRACT BACKUP NIGHT NANNIES/BACKUP POSTPARTUM DOULAS:

• Backup Postpartum Doulas agree with the scope and definition of Postpartum Doulas and Night Nannies.

• Backup Postpartum Doulas may work freely with non-ATX Doulas clients as Postpartum Doulas.

• Backup Postpartum Doulas may not have access to ATX Client information except for what is necessary to fulfill the duties for a specific contract. 

• If the Backup Postpartum Doula declines more than 3 offers of work on her said available times in any given quarter, then ATXDoulas reserves the right to immediately terminate her contract. 

• The Backup Postpartum Doula is expected to attend 2 Doulapaloozas quartrely in order to represent herself and her expertise.  

 

COMPENSATION OF CONTRACT POSTPARTUM DOULAS

• Postpartum doulas will receive revenue from services rendered minus 20%.

 

DUTIES OF CONTRACT LACTATION CONSULTANTS

• Consult mothers in their homes or in our office to troubleshoot any breastfeeding concerns.  Consultation may include overcoming supply issues, anatomical variations in the breasts and infant oral anatomy, ineffective suck, incorrect latch, twins, health issues for mom and baby, and premature infants.  Respond to any email and phone inquiries in a timely manner.  Attend one Meet the Doula/Doulapalooza per month.

 

COMPENSATION OF LACTATION CONSULTANTS

• Consultant will receive revenue from services rendered minus 15%

 

DUTIES OF CONTRACT PLACENTA ENCAPSULATORS

• Encapsulators will pick up and procure placenta and deliver capsules within 96 hours of pick up.

 

COMPENSATION OF PLACENTA ENCAPSULATORS

• Encapsulators will receive revenue from services rendered minus 15%.

 

DUTIES OF PRIVATE CONSULTS

• Private consultants will offer their area of expertise to ATX Doulas clients.

 

COMPENSATION OF PLACENTA ENCAPSULATORS

• Consultants will receive revenue from services rendered minus 15%.

 

DUTIES OF BRANCH MANAGER

• Branch Manager will be responsible for the following (but not limited to):

  • Tracking clients

  • Promoting local Doulapalooza

  • Marketing

  • Social Networking

  • Keeping the calendar of events up to date

  • Communicating with her team and ATX Doulas owners

  • Tracking Meeting Notes

  • Providing all information to ATX Doulas owners

  • Making new hire recommendations

  • Training new hires

 

COMPENSATION OF BRANCH MANAGER

• Branch Manager will receive 20% of Net Earnings from their Branch.