Subcontractor Agreement Template

Pool Service Subcontractor Agreements

Using subcontractors to service overflow routes, cover vacations, or expand into new areas requires a written agreement that clearly establishes the independent contractor relationship. Misclassification of employees as independent contractors is one of the most common and costly legal mistakes in the pool service industry.

Key Agreement Terms

• Independent Contractor Status — language establishing the worker's independent status, control over methods, and ability to work for other clients
• Scope of Work — specific routes, pools, or service areas assigned, with quality standards and customer communication protocols
• Compensation — per-stop rate, payment schedule, and expense responsibilities (chemicals, fuel, equipment)
• Insurance Requirements — minimum liability insurance coverage, commercial auto insurance, and proof of coverage requirements
• Non-Compete / Non-Solicitation — restrictions on directly soliciting your customers during and after the agreement
• Termination — notice requirements, customer transition procedures, and return of company materials

Legal Considerations

The IRS uses a multi-factor test to determine worker classification. Key factors include behavioral control (do you control how the work is done?), financial control (does the worker have business expenses and opportunity for profit/loss?), and relationship type (written contract, benefits, permanence). Have an employment attorney review this agreement for compliance with your state's classification rules.