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Fictional Example of Contractual Agreement
                       Between Partner and Associate
                     For the purpose of the student event only.
                       Not a real legal contract or document.


A. COMPENSATION. EMPLOYER shall collect all monies and accounts for periodontal

services provided by EMPLOYEE at the offices of the EMPLOYER described in Section 1 above

and shall deposit such sums in an account of the EMPLOYER.

          For services rendered pursuant to this Contract during EMPLOYEE’S tenure in the

   offices of EMPLOYER, EMPLOYER shall pay to EMPLOYEE an annual base salary of ($X),

   or a semi-monthly salary shall be paid on the fifteenth (15th) and last day of each month.

          EMPLOYER and EMPLOYEE further agree that for each quarter, first beginning with

   the quarter ending ___________, 1998, EMPLOYEE will be paid forty percent (40.0%) of

   all collections in excess of Fifty Thousand Dollars ($50,000.00) per quarter. Such

   additional compensation will be paid, on the second payday of the immediately

   succeeding quarter.

          For purposes of an example, assume that collections attributable to EMPLOYEE in

   a given quarter are $65,000.00. The total commission due and payable to EMPLOYEE

   would be computed as follows:

                 $65,000.00 - $50,000.00 = $15,000.00 x 0.40 = $6,000.00

          EMPLOYEE acknowledges that a portion of his compensation is in return for any

   hygiene examinations accomplished by the EMPLOYEE on any patient of the practice of

   EMPLOYER. EMPLOYER & EMPLOYEE further agree that no collected income generated

   by the hygienist(s) will be utilized in the calculation of the commission to be paid to

   EMPLOYEE. Notwithstanding the foregoing, EMPLOYEE will be paid his commission, as



                              2003 AAP Annual Meeting
          Bridging the Way: An Event to Help Students Transition into Practice
above described in the event that EMPLOYEE personally provides the hygiene services to

a patient(s).

Employer agrees to pay all laboratory changes coincidental to the provision of services to

patients by EMPLOYEE. Additionally, EMPLOYER agrees to pay the EMPLOYER portion of

the applicable Social Security and employment taxes, and will deduct the EMPLOYEE

portion of all applicable employment taxes from EMPLOYEE’S compensation.

       EMPLOYEE agrees that all accounts receivable are the property of EMPLOYER and

will be retained as the property of EMPLOYER for collection, even in the event of

termination as provided for in Section 13 of this contract. Both during the period of

employment and after termination, whether for cause or otherwise, EMPLOYEE will be

granted limited access to the business records of EMPLOYER for a period of one hundred

fifty (150) days following termination in order to verify that his compensation has been

accurately paid. Thereafter, any receipts received by EMPLOYER will accrue to the sole

benefit of EMPLOYER, whether or not such charges were generated by EMPLOYEE.

       Notwithstanding the foregoing, EMPLOYER and EMPLOYEE agree that EMPLOYER

will reduce the compensation set forth in this section 5, by any benefits or expenses paid

by EMPLOYER on behalf of EMPLOYEE, such as, but not limited to, those items listed in

Section 7 d-e, below.

       However, EMPLOYER will continue to use the same diligence and effort to collect

accounts receivable attributable to services provided by the EMPLOYEE as for those

attributable to the EMPLOYER.

       Finally, EMPLOYER and EMPLOYEE both agree that irrespective of the manner in

which EMPLOYER may ordinarily account for production attributable to services performed




                           2003 AAP Annual Meeting
       Bridging the Way: An Event to Help Students Transition into Practice
by EMPLOYER’S employees and associates, EMPLOYEE shall not be due any compensation

   for production, including prepayments, for which services have not been provided.



B. EMPLOYER’S OBLIGATION. EMPLOYER shall provide the following equipment and

   services to EMPLOYEE:

      a.      All equipment, supplies and instruments;

      b.      Necessary personnel, including but not limited to, administrative/clerical

              personnel, chairside assistant(s) and periodontal hygienists;

      c.      Leasehold usage;

      d.      Scheduling of appointments;

      e.      Processing of patient records and maintenance of patient financial records;

      f.      Billing of patients for services rendered and;

      g.      Other administrative duties related to patient care.

      h.      EMPLOYER will provide to EMPLOYEE an annual expense account in the total

              amount of $3,000.00 which shall be utilized for continuing education courses.

              EMPLOYEE shall be responsible for any and all amounts spent in excess of

              $3,000.00 for continuing education courses and shall be responsible for

              expenses incurred with attending such courses. EMPLOYEE shall submit

              receipts for all expenses in order to receive reimbursement.

      i.      Health care insurance after three (3) months of continuous, full-time

              employment in accordance with corporate policy and plan coverage. Any

              premium amounts in excess of corporate policy plan amounts will be deducted

              from the EMPLOYEE’S compensation.




                               2003 AAP Annual Meeting
           Bridging the Way: An Event to Help Students Transition into Practice
EMPLOYEE agrees that EMPLOYER alone shall determine what facilities,

      equipment, and services are necessary for the administration of EMPLOYER’S offices,

      but does agree to consult EMPLOYEE on items of these type.



C. EMPLOYEE’S OBLIGATIONS. The EMPLOYEE agrees that he will undertake the

   following:

      a. Use of the established forms and records provided by the EMPLOYER, at

          EMPLOYER’S expense;

      b. Supervise the staff assigned to him according to the policies and procedures of the

          EMPLOYER;

      c. Provide and file in a timely fashion all of his personal income taxes;

      d. Provide his own life, health for the first three (3) months of employment, disability

          insurance, automobile use, maintenance and insurance, and other personal and

          professional expenditures including dues and subscriptions. EMPLOYEE agrees to

          have any and all health insurance premiums deducted monthly from his pay in

          excess of the amounts paid in accordance with corporate policy.

      e. Provide for the payment of both federal and state narcotics license.

D. INSURANCE. The office general liability insurance shall be secured by, and paid for by

   EMPLOYER. Individual liability and/or malpractice insurance shall be secured by

   EMPLOYER.

          EMPLOYER agrees to be responsible for securing such insurance on behalf of

   EMPLOYEE. EMPLOYER agrees to provide malpractice insurance (to be paid by

   EMPLOYER) WITH A MINIMUM COVERAGE OF ______/______ Dollars

   ($_______/$________.00) per occurrence/aggregate through a qualified malpractice


                              2003 AAP Annual Meeting
          Bridging the Way: An Event to Help Students Transition into Practice
carrier. It is the intent of both EMPLOYEE and EMPLOYER to secure coverage through the

malpractice carrier now utilized by EMPLOYER.



EMPLOYER shall provide to EMPLOYEE a copy of all malpractice insurance policies secured

by EMPLOYER and covering EMPLOYEE, his periodontal practice or EMPLOYER to be in

effect now and during the course of EMPLOYEE’S employment with EMPLOYER, along

with copies of all licenses pertaining to EMPLOYEE.




                           2003 AAP Annual Meeting
       Bridging the Way: An Event to Help Students Transition into Practice

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Mehran University Newsletter Vol-X, Issue-I, 2024
 

Trans03 assoc contract

  • 1. Fictional Example of Contractual Agreement Between Partner and Associate For the purpose of the student event only. Not a real legal contract or document. A. COMPENSATION. EMPLOYER shall collect all monies and accounts for periodontal services provided by EMPLOYEE at the offices of the EMPLOYER described in Section 1 above and shall deposit such sums in an account of the EMPLOYER. For services rendered pursuant to this Contract during EMPLOYEE’S tenure in the offices of EMPLOYER, EMPLOYER shall pay to EMPLOYEE an annual base salary of ($X), or a semi-monthly salary shall be paid on the fifteenth (15th) and last day of each month. EMPLOYER and EMPLOYEE further agree that for each quarter, first beginning with the quarter ending ___________, 1998, EMPLOYEE will be paid forty percent (40.0%) of all collections in excess of Fifty Thousand Dollars ($50,000.00) per quarter. Such additional compensation will be paid, on the second payday of the immediately succeeding quarter. For purposes of an example, assume that collections attributable to EMPLOYEE in a given quarter are $65,000.00. The total commission due and payable to EMPLOYEE would be computed as follows: $65,000.00 - $50,000.00 = $15,000.00 x 0.40 = $6,000.00 EMPLOYEE acknowledges that a portion of his compensation is in return for any hygiene examinations accomplished by the EMPLOYEE on any patient of the practice of EMPLOYER. EMPLOYER & EMPLOYEE further agree that no collected income generated by the hygienist(s) will be utilized in the calculation of the commission to be paid to EMPLOYEE. Notwithstanding the foregoing, EMPLOYEE will be paid his commission, as 2003 AAP Annual Meeting Bridging the Way: An Event to Help Students Transition into Practice
  • 2. above described in the event that EMPLOYEE personally provides the hygiene services to a patient(s). Employer agrees to pay all laboratory changes coincidental to the provision of services to patients by EMPLOYEE. Additionally, EMPLOYER agrees to pay the EMPLOYER portion of the applicable Social Security and employment taxes, and will deduct the EMPLOYEE portion of all applicable employment taxes from EMPLOYEE’S compensation. EMPLOYEE agrees that all accounts receivable are the property of EMPLOYER and will be retained as the property of EMPLOYER for collection, even in the event of termination as provided for in Section 13 of this contract. Both during the period of employment and after termination, whether for cause or otherwise, EMPLOYEE will be granted limited access to the business records of EMPLOYER for a period of one hundred fifty (150) days following termination in order to verify that his compensation has been accurately paid. Thereafter, any receipts received by EMPLOYER will accrue to the sole benefit of EMPLOYER, whether or not such charges were generated by EMPLOYEE. Notwithstanding the foregoing, EMPLOYER and EMPLOYEE agree that EMPLOYER will reduce the compensation set forth in this section 5, by any benefits or expenses paid by EMPLOYER on behalf of EMPLOYEE, such as, but not limited to, those items listed in Section 7 d-e, below. However, EMPLOYER will continue to use the same diligence and effort to collect accounts receivable attributable to services provided by the EMPLOYEE as for those attributable to the EMPLOYER. Finally, EMPLOYER and EMPLOYEE both agree that irrespective of the manner in which EMPLOYER may ordinarily account for production attributable to services performed 2003 AAP Annual Meeting Bridging the Way: An Event to Help Students Transition into Practice
  • 3. by EMPLOYER’S employees and associates, EMPLOYEE shall not be due any compensation for production, including prepayments, for which services have not been provided. B. EMPLOYER’S OBLIGATION. EMPLOYER shall provide the following equipment and services to EMPLOYEE: a. All equipment, supplies and instruments; b. Necessary personnel, including but not limited to, administrative/clerical personnel, chairside assistant(s) and periodontal hygienists; c. Leasehold usage; d. Scheduling of appointments; e. Processing of patient records and maintenance of patient financial records; f. Billing of patients for services rendered and; g. Other administrative duties related to patient care. h. EMPLOYER will provide to EMPLOYEE an annual expense account in the total amount of $3,000.00 which shall be utilized for continuing education courses. EMPLOYEE shall be responsible for any and all amounts spent in excess of $3,000.00 for continuing education courses and shall be responsible for expenses incurred with attending such courses. EMPLOYEE shall submit receipts for all expenses in order to receive reimbursement. i. Health care insurance after three (3) months of continuous, full-time employment in accordance with corporate policy and plan coverage. Any premium amounts in excess of corporate policy plan amounts will be deducted from the EMPLOYEE’S compensation. 2003 AAP Annual Meeting Bridging the Way: An Event to Help Students Transition into Practice
  • 4. EMPLOYEE agrees that EMPLOYER alone shall determine what facilities, equipment, and services are necessary for the administration of EMPLOYER’S offices, but does agree to consult EMPLOYEE on items of these type. C. EMPLOYEE’S OBLIGATIONS. The EMPLOYEE agrees that he will undertake the following: a. Use of the established forms and records provided by the EMPLOYER, at EMPLOYER’S expense; b. Supervise the staff assigned to him according to the policies and procedures of the EMPLOYER; c. Provide and file in a timely fashion all of his personal income taxes; d. Provide his own life, health for the first three (3) months of employment, disability insurance, automobile use, maintenance and insurance, and other personal and professional expenditures including dues and subscriptions. EMPLOYEE agrees to have any and all health insurance premiums deducted monthly from his pay in excess of the amounts paid in accordance with corporate policy. e. Provide for the payment of both federal and state narcotics license. D. INSURANCE. The office general liability insurance shall be secured by, and paid for by EMPLOYER. Individual liability and/or malpractice insurance shall be secured by EMPLOYER. EMPLOYER agrees to be responsible for securing such insurance on behalf of EMPLOYEE. EMPLOYER agrees to provide malpractice insurance (to be paid by EMPLOYER) WITH A MINIMUM COVERAGE OF ______/______ Dollars ($_______/$________.00) per occurrence/aggregate through a qualified malpractice 2003 AAP Annual Meeting Bridging the Way: An Event to Help Students Transition into Practice
  • 5. carrier. It is the intent of both EMPLOYEE and EMPLOYER to secure coverage through the malpractice carrier now utilized by EMPLOYER. EMPLOYER shall provide to EMPLOYEE a copy of all malpractice insurance policies secured by EMPLOYER and covering EMPLOYEE, his periodontal practice or EMPLOYER to be in effect now and during the course of EMPLOYEE’S employment with EMPLOYER, along with copies of all licenses pertaining to EMPLOYEE. 2003 AAP Annual Meeting Bridging the Way: An Event to Help Students Transition into Practice