Service Agreements FAQ

What is a Service Agreement?

Service Agreements are contracts used between two parties when one party is agreeing to provide labor in exchange for compensation. The range of services agreed upon in a Service Agreement range from installing garage door openers to tutoring children – and just about anything in between. Service Agreements are similar to Independent Contractor Agreements but often come in specific forms that address individual services such as interior design, janitorial services, or even nutrition and training services.

Typically, the parties represented in a Service Agreement are the “Contractor” and the “Owner,” though these parties may be referred to as something else if the individual Service Agreement.

What is the difference between a Service Agreement and an Independent Contractor Agreement?

Typically, an Independent Contractor Agreement will outline a statement of the work to be performed, while a Service Agreement will focus more on the scope of the work to be performed. This is why a Service Agreement will often include a rate for the work that is to be rendered, while an Independent Contractor Agreement tends more toward a single or flat fee.

There is some degree of flexibility in how each of these agreements is constructed however.

Service Agreements will often contain other provisions as well, such as how expenses are to be handled when spending money is necessary to complete the services to be rendered.

How do I know when I need a Service Agreement?

Whenever your services are ongoing (as opposed to one-time, or opposed to a permanent basis), you’ll likely need to employ a Service Agreement. In one sense, Service Agreements could be considered a step above an Independent Contractor Agreement and a step below Employment Agreements in their permanence – though it’s important to remember that each type of these agreements can specify its own timeline.

If you run your own service-based business but expect to add on regular clients (such as personal training clients) then the Service Agreement is likely the contract you’ll want to use on a regular basis.

What kinds of professionals most often use Service Agreements?

Generally, any type of service-based business can get good use out of Service Agreements. But there are a number of professions that frequently lend themselves to the use of these contracts, including:

• Accountants
• Web designers and programmers
• Personal trainers
• Carpet cleaners
• Network administrators
• Cooking lessons
• Electrical contractors
• Florists
• Gardeners
• Interior designers
• Exterminators
• Photographers
• Plumbers
• Roofing contractors
• Tutoring
• Translators
• Makeup artists

You’ll be able to find Service Agreement forms tailored specifically to these professions quite easily – however, the professions that can benefit from Service Agreements are not limited to those listed above.

How are Service Agreements different from Employment Agreements?

If you sign an Employment Agreement, then you become an employee of the company you’ve agreed to work for. Though the document is much like a Service Agreement, an actual Service Agreement is generally better for those who are in business for themselves.

The essential message of each contract – the agreement of services to be rendered for a certain amount of pay – is the same, but the roles of the two parties is vastly different in each contract.

What kind of provisions can be found in a Service Agreement?

Typically you’ll find the following provisions in a Service Agreement:

• Description of Services / Services to be Performed: Quite simply, this section lays out the description of the job in question, though it will leave the schedule for the services to the next provision.
• Time of Completion: Giving an expected date for the completion of the service project, this provision sets the limitations generally not found in an Employment Agreement.
• Payment: Not only does this address the price of the services rendered, but will also address problems like expenses that have to be made in providing the services.
• General Provisions: A “miscellaneous” section that can include additional provisions customized to suit the needs of the project.

As you can see, this contract is relatively straight-forward and not difficult to prepare once the terms of the agreement have been reached.

Do Service Agreements vary from state to state?

It’s important to have a contract that fits the individual parameters of your state’s legal system; however, Service Agreements generally don’t change very much from state to state on a core level. Even so, make sure that if you are using a Service Agreement that you use one that has been reviewed and approved for use in your individual state.

When is a Service Agreement enforceable?

Service Agreements, like most contracts, will be enforceable once they are validly signed. Because the Time of Completion provision will outline a specific schedule for the work and payment, the contract will generally not be truly enforceable until the time for each side to live up their responsibilities has arrived. Once both sides have lived up to the contract, there will be little “left over” enforceability unless other provisions have been included.

What are the requirements for a Service Agreement to be valid?

One important factor for Service Agreements is “consideration.” This factor assumes that both sides are receiving some benefit from the transaction – otherwise, the contract could be considered a form of involuntary servitude and would therefore be invalid. That’s why it’s important that both the services to be rendered and the payment terms for those services be listed in a Service Agreement. Other usual requirements of contractual validity (such as a willful signature between two legal adults) still apply.

When is a Service Agreement effective?

For contracts with specific time frames like a Service Agreement, the general effectiveness of the contract itself is strongly influenced by its own scheduling terms. However, a contract will not be null and void simply because the schedule for payment has passed and it’s important that the contract has also been fulfilled by each signing party. The contract will continue to be effective after it has been signed; however, there will not be much to enforce once the two sides have both lived up to their respective contractual obligations.

Service Agreements

• Service Agreement (Consultant)

  Consultant Services Agreement between a contractor/consultant, who will provide consulting services to business owner or other individual. These services may be provided on an ongoing or one-time basis.

• Service Agreement (General)

  Popular! General Service Agreement for use when hiring a contractor or service provider. It clearly defines the terms of the arrangement including how much the provider will be paid.

• Service Agreement (Technology & Web)

  Popular Technology and Web Service Agreements for use when hiring an individual to maintain a website, a computer consultant or web designer.

• Service Agreement (Athletic Trainer)

  Athletic Trainer Services Agreement is an agreement between a trainer, who will provide athletic training services to a client.

• Service Agreement (Bookkeeping)

  Bookkeeping Services Agreement is an agreement between a business owner, or client, and an individual who will perform bookkeeping or accounting services.

• Service Agreement (Clerical and Administrative)

  Clerical and Administrative Service Agreement for use by a business owner or client and an individual who will perform administrative or clerical services.

• Service Agreement (Cooking School Lessons)

  Cooking School Lessons Services Agreement between a cooking school and a student who wants to take cooking lessons. It sets out the amount paid for the lessons and when instruction will be held.

• Service Agreement (Disc Jockey)

  Disc Jockey Service Agreement for use when hiring a DJ for an event such as a wedding, party or work function.

• Service Agreement (Dog Walking)

  Dog Walking Service Agreement for use when hiring someone to walk a dog. This agreement sets out specifics about the animal and how much the dog walker will be paid.

• Service Agreement (Fitness Training and Services)

  Fitness Training and Services Agreement for use by a gym or studio where fitness classes or training are held. This form sets out how much the training will cost and rules the client must abide by.

• Service Agreement (Florist)

  Florist Service Agreement for use by a florist and a business owner or client. It sets out how much the florist is paid for the services and whether they are for a one-time event or ongoing.

• Service Agreement (Food)

  Food Service Agreements to be used by a caterer or baker and a client. These agreements spell out terms of the arrangement including how much the provider will be paid and if services are for one-time or ongoing.

• Service Agreement (Gardening)

  Gardening Service Agreement to be used when hiring a gardener. This agreement sets out location where services will be rendered, type of gardening to be done and how much gardener will be paid.

• Service Agreement (General Band)

  General Band Service Agreement to be used when hiring a band. It sets forth if the agreement is ongoing and how the band will be paid.

• Service Agreement (Horse Boarding/Livery)

  Horse Boarding/Livery Service Agreements for use by an owner and a stable or livery yard who will render stabling and care for a horse. This agreement sets out details regarding the specific services and who to contact if there is an emergency.

• Service Agreement (Horseback Riding Lessons)

  Horseback Riding Lessons Service Agreement between a student and a stable or company who provides horseback riding lessons. This agreement contains a release and indemnity waiver.

• Service Agreement (House Cleaning)

  House Cleaning Services Agreement between a contractor/housekeeper and a property/business owner. It sets out the specific services to be rendered and how much the house cleaner will be paid.

• Service Agreement (Information Technology)

  Information Technology Service Agreement between a business owner and an individual or company who will perform information technology services.

• Service Agreement (Interior Design)

  Interior Design Service Agreement for use by a client who desires to hire an interior designer for residential or commercial work. This agreement sets out the scope of the project and how much the designer will be paid.

• Service Agreement (Janitorial Services)

  Janitorial Services Agreement between a janitorial service provider and a property owner or tenant. This form sets out the specific cleaning services to be performed and dates and hours the work can be done.

• Service Agreement (Make Up Artist)

  Make-Up Artist Service Agreement for use by a make-up artist and a client. It sets out the date the services are needed and type of event the client is attending.

• Service Agreement (Messenger)

  Messenger Services Agreement for use when hiring a messenger service to deliver packages or documents. It sets out the dates and times of the services and how the messenger will be paid.

• Service Agreement (Mover)

  Mover Service Agreements for use by a customer and a moving company or individual who will perform moving services. Included are an inventory form and a service agreement which sets out detailed specifics about the move.

• Service Agreement (Pest Control)

  Pest Control Service Agreement for use by a pest control company and a home or business owner who desires these types of services.

• Service Agreement (Pet Services)

  Pet Services Agreement between a client and an individual who will pet sit or perform other services related to a pet. It sets out the time services should be completed and how much the provider will be paid.

• Service Agreement (Photographer)

  Photographer Services Agreement is an agreement between a contractor/photographer who will provide photography services to business owner or other individual.

• Service Agreement (Pool Cleaning)

  Pool Cleaning Services Agreement for use when hiring a pool cleaner for a home or other property. This agreement sets out the specific services to be performed and dates, times and location.

• Service Agreement (Referee)

  Referee/Umpire Services Agreement between a client and a referee/umpire. This agreement sets out the officiating services to be performed, date, time and location and how much the referee/umpire will be paid. You can easily tailor this form to meet your unique situation.

• Service Agreement (Security Guard)

  A Security Services Agreement is an agreement between a contractor/security guard, who will provide security services to business owner or other individual.

• Service Agreement (Snow Removal Services)

  Agreement for the removal of snow from a residential or commercial property.

• Service Agreement (Technical/Scientific Writing)

  This Technical/Scientific Writing Service Agreement is an agreement between a business owner, or client, and an individual who will perform technical or scientific writing services. This form is available for immediate download.

• Service Agreement (Translator)

  A Translator Services Agreement is an agreement between a contractor/translator, who will provide translating services to business owner or other individual.

• Service Agreement (Tutoring)

  Tutoring Service Agreements for use by an individual who will provide tutoring services for a child or an adult. This agreement sets forth the specifics including the dates and times of the tutoring sessions and how much the tutor will be paid. This agreement can easily be tailored to fit your needs.

• Service Agreement (Videographer)

  A Videographer Services Agreement is an agreement between a contractor/videographer, who will provide filiming services to a business owner or other individual.

• Service Agreement (Wedding Band)

  This Wedding Band Service Agreement is an agreement between a band or contractor who will provide live music during a wedding or wedding reception.

• Service Agreement (Window Cleaning)

  A Window Cleaning Services Agreement is an agreement between a contractor/window cleaner, who will provide window cleaning services to a property/business owner.

• Service Agreement Amendment

  Form used to amend an existing service agreement.