Escort Service Employment Contract

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US Legal Forms
Independent Contractor Agreement Between Escort Agency and Escort
Available formats: Word | Rich Text
Escort agencies are companies that book and dispatch escorts to a customer's house, hotel room, or requested location. Some agencies also provide escorts for longer durations, who may stay with the client or travel along on a holiday or business trip. Escort agencies typically maintain a list of escorts of different ages and appearances to cater to the varying interests of clients. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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If you run an escort service, you will need to engage your employees through an escort agency contract. This agreement will outline the terms of your business arrangement with the escort as either a contractor or employee, which will determine your: 
As the escort industry is heavily regulated, you will want to ensure that you and your escorts follow the legal requirements established in your state. This article will assess the legal status of your escorts and determine what you should include in your escort agreement to best protect your business.
As a first step, you should consider whether your escorts are considered employees or contractors. This will depend on a variety of factors, including whether they:
These are not definitive criteria. Instead, whether your escorts are employees or contractors relies on an overall assessment of these considerations.
For example, they can still be contractors if you set their hours but they have control over the work they do and you pay them by invoice.
Determining their legal status is important because tax, superannuation and other obligations vary depending on whether the escort is an employee or contractor. Generally, it is more beneficial to classify your escorts as contractors. This creates lower standards of care over your escorts and reduces your legal responsibility for their actions.
However, the fact that your escort agreement labels the escorts as contractors does not solely determine the true employment relationship under the law. This will depend upon the actual conditions of the relationship concerning the multiple factors outlined above. If you incorrectly classify your escort as an independent contractor when they are an employee (or vice versa), the Fair Work Commission or Federal Court may order you to pay:
It is a good idea to keep records to support your decision if you engage escorts as contractors. This proof can be useful to protect your business if any disputes arise.
After having determined the legal status of your escorts, you should form a clear and comprehensive escort agreement. This will help establish:
Your escort agreement should clearly outline: 
These payment terms should outline when and how you intend to pay your escorts. There are a variety of ways you can choose to make payments, including:
For example, you might agree to pay your escorts 60% of the price charged to clients, payable on the last day of each month.
Generally, an escort should provide you with an invoice that includes:
Once you receive the invoice, you will need to pay it under the payment terms outlined in the escort agreement.
You should also consider whether transport costs will be: 
This may depend upon how much you are paying your escorts.
Your agreement should include a warranties and representations clause.
Warranties and representations refer to the escort’s statements that encourage you to form the contract. Therefore, these are statements on which you rely when engaging their services.
Including a provision in the contract to guarantee these statements will help to protect your business. This is because it makes the escort legally responsible for any losses or issues that arise from false representations. 
For example, you will want your escorts to represent, warrant and agree that they are: 
If you find out that one of your escorts is not 18 years old, they will have breached the escort agreement.
Given the sensitive nature of escort services and the strict regulation within the industry, you should establish rules that you want your escorts to follow. You must outline these guidelines within the escort agency contract. 
Some examples of rules you may want to enforce include:
A key concern for many of your clients will be the protection of their confidential and personal information. 
For example, your client is unlikely to be comfortable with other people knowing what services they requested or what their preferences were. 
Accordingly, your terms and conditions with the client will likely guarantee that you will keep their personal information confidential and refrain from disclosing the nature of the work. 
You should therefore ask the same of your escorts. They will have access to confidential and personal information relating to your clients. To meet your obligations, you will not want them to disclose this information to any third party.
Your escort agency contract should include a termination clause. This will outline clear parameters for a party to terminate the agreement if an issue arises. Of course, you will want to be able to terminate the escort agreement immediately if an escort breaches the agreement.
For example, if an escort does not provide the services they agree to or behaves in a way that could cause harm to your clients. 
You may also wish to include a right to terminate for convenience. This means that you can terminate the escort agreement without a party breaching the contract. You would merely need to give notice to the escort that you would like to terminate their contract.
You should use your escort agreement to try to limit your legal responsibilities if something goes wrong.
For example, if an escort engages in unprotected sexual intercourse, you do not want to be responsible for any related health consequences.
You should therefore use the escort agreement as an opportunity to exclude your legal responsibility as much as you can. This requires inserting an exclusion of liability clause into your contract, stating that you are not responsible for certain issues that may arise if the escort breaches the contract. This clause must be certain and specific, as it could be invalid if it is too broad and vague.
If you are engaging escorts as part of your escort service, you should draft an escort agreement to outline the employment relationship. The agreement should establish the obligations and responsibilities of each party to avoid the possibility of a dispute. You should include commercial terms such as:
If you need assistance drafting an escort agency contract for your business, contact LegalVision’s contract lawyers today on 1300 544 755 or fill out the form on this page. 
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