Expenses: Contractor is responsible for payment of their own expenses, except for the reasonable costs for expenses directly incurred under the SoW, which expenses, if approved in advance in writing, will be reimbursed to Contractor on an at-cost basis.
Accounts: An invoice should be provided monthly. Payable within 30 days. Must include GST and/or PST number as applicable on an invoice.
Taxes: Contractor is responsible to remit all taxes and contributions arising from payment of the Fee. If the total amount is over $500 then the Contractor will need to submit the Tax Information Form in the appendix. Contracts will be rejected without this information.
If the Contractor has had a or multiple contracts totalling more than $500 worth of work with the AMS within the calendar year you will be required to submit additional Tax Information and will be issued a T4A in January of the following year.
Termination with Notice: Either party may end this Agreement with 48 hours notice. AMS may at any time require Contractor to stop providing services under the SoW, provided that AMS pays Contractor the amount of fees which Contractor would have been entitled to receive for those services up to the end of the notice period. For greater certainty, if notice of termination is provided at least 48 hours prior to the Start Date, no fees will be owing.
Return of Property: Upon termination or expiry of this Agreement, Contractor will return to AMS all AMS property.
Nature of Relationship: Contractor is not an employee of AMS. This Agreement will not create any partnership, joint venture, employer/employee, or any other relationship between AMS and Contractor except that of independent contractor and contractee. Contractor will refer to itself as “Contractor” in representing to third parties their relationship with AMS.
Control and Direction: Subject at all times to Contractor fulfilling its obligations under this Agreement, Contractor will not be subject to direction from AMS as to the manner in which it meets the SoW. Contractor is free to contract their services to third parties, provided those services do not conflict with the services provided under the SoW. Contractor will comply with AMS policies applicable to the workplace in which SoW is performed.
Sub-contracting: Contractor may sub-contract to meet the SoW, subject to AMS’s approval, such approval not to be unreasonably withheld. Contractor will seek approval for each subcontractor it intends to retain to perform services for AMS from the AMS Admin Authorized signing authority. Indicate in the SOW or submit this request to Contracts@ams.ubc.ca for amended approval afterwards.
Indemnity: Contractor agrees to indemnify and hold AMS harmless from all claims, losses, assessments, penalties, interest, liabilities or costs (including without limitation solicitor and own client legal fees) arising directly or indirectly from [a] the performance of the SoW by Contractor; [b] any act or omission of Contractor (including without limitation a breach of this Agreement); [c] any failure by Contractor to make tax remittances; or [d] any acts of negligence, fraud or dishonesty by Contractor.
Confidentiality: Contractor agrees to keep the confidential information of AMS and its employees and members strictly confidential, and not to directly or indirectly use or disclose any of the confidential information of AMS and/or its employees or members except in the good faith performance of the SoW or with AMS’s prior written consent.
Authority: Contractor does not have the authority to, and will not in any manner whatsoever, commit or purport to commit AMS to any obligations, contractual or otherwise, or to the payment of any money to any person, corporation or entity.
Name and Trade Marks: As an independent contractor, Contractor will operate in accordance with its own name and will not use AMS trademarks unless expressly authorized by AMS. Contractor will not use or include the AMS name and/or trademarks in their business name, business style, and logo or on their cheques, order forms, letterhead and the like.
Work Product: Contractor acknowledges and agrees that all work product including without limitation documentation, computer code, reports, recommendations and manuals developed for AMS under this Agreement will be owned by, belong to and be the property of AMS.
Safety: Contractor acknowledges the importance of safety in the workplace and agrees that: [a] prior to entering a workplace, meet with the person responsible for safety in the workplace (eg. owner or prime contractor) to discuss how to safely carry out the SoW; [b] comply with the directions of the person responsible for safety in the workplace and with applicable OHS regulations and requirements; and [c] have sufficient training and knowledge to safely carry out the SoW, including training and knowledge about risks inherent to the workplace.
Equipment: Contractor will be responsible for supplying their own tools or equipment. The AMS assumes no liability for loss, theft, or damage to the Contractor’s tools or equipment
Expenses: The AMS will only reimburse expenses that have been pre-approved in writing and are supported by proper documentation, such as itemized receipts.
Insurance: Because Contractor is an independent contractor, Contractor will not be covered by AMS’s liability insurance and AMS recommends that Contractor obtain both general liability and professional liability insurance independently in the amount of no less than $2,000,000 per occurrence. Contractor will also have to comply in all aspects with applicable workers compensation legislation. Contractor will provide sufficient proof of required insurance on request by AMS. If insurance expires part way through the contract, the Contractor must provide an updated copy to the AMS prior to expiry.
All Instructor and Coach Independent Contractors require liability insurance and must automatically submit proof of insurance with their ICA. Click here for Insurance Resources if needed.
Note: This agreement must be completed for all independent contractors providing services to AMS, including those receiving honoraria or prizes.
All ICA”s must be submitted to the AMS a minimum of 7 business days prior to the Contract start date and will not be valid unless signed by the AMS. No work should be performed until this form is completed and signed. Failure to meet this requirement may result in your contract not being signed in time as well as additional late penalties will be applied.
*Please double-check that all fields are complete, otherwise the contract will be sent back.