PROFESSIONAL CAPACITY Clause Samples
The "Professional Capacity" clause defines the role and responsibilities of a party, typically a consultant or contractor, as acting in a professional and independent manner rather than as an employee or agent of the client. This clause clarifies that the individual or entity is engaged to provide specialized services based on their expertise, and is responsible for their own methods, tools, and work schedule. Its core function is to distinguish the relationship as one of independent contracting, thereby allocating risk and liability appropriately and preventing misunderstandings about employment status or authority.
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PROFESSIONAL CAPACITY. Officer is a professional who uses his or her own professional and business methods to perform Services. The Officer has not and will not receive training from the Company regarding how to perform the Services. Compliance with Laws. Officer will comply with all applicable laws, ordinances, rules and regulations, now or in effect in the future, in Officer’s performance of the Services. Company Policies. Officer agrees to abide by and comply with such corporate policies as are from time to time made applicable to Officer, so long as the Company provides notice to Officer of the terms and conditions of such policies and that such compliance is required. Group Company. “Group Companies” shall mean any firm, company, corporation or other organization which is directly or indirectly controlled by the Company. The term “Company” as defined on the initial page of this Agreement shall also mean “Group Companies” for the purposes of this Agreement.
PROFESSIONAL CAPACITY. ▇▇▇▇▇▇ is a professional who will use her knowledge, education and experience to best perform the necessary services. The Village shall not instruct how to work regarding the services being performed unless it pertains information needed for ▇▇▇▇▇▇ to complete a specific project or activity.
PROFESSIONAL CAPACITY. The Union and the Producer have agreed that "Art Directors" are employed by the Producer in a "professional" capacity within the meaning of the Fair Labor Standards Act of 1938, as amended.
PROFESSIONAL CAPACITY. The Contractor is a professional who uses its own professional and business methods to perform services. The Contractor has not and will not receive training from the Recipient regarding how to perform the Services.
PROFESSIONAL CAPACITY. The Union and the Producer agree that persons required by the Producer to create a "Treatment Synopsis," as defined in Paragraph 1 below, are employed by the Producer in a "professional" capacity within the meaning of the Fair Labor Standards Act of 1938, as amended.
PROFESSIONAL CAPACITY. The Federation and the Employer have agreed that all musicians are employed by the Producer in a “professional” capacity within the meaning of the “Fair Labor Standards Act of 1938” as amended.
PROFESSIONAL CAPACITY. The Union and the Producer agree that Location Managers are employed by the Producer in a "professional" capacity within the meaning of the Fair Labor Standards Act of 1938, as amended.
PROFESSIONAL CAPACITY. The Guild and the Producer have agreed that the employees hereunder are employed by the Producer in a “professional” capacity within the meaning of the Fair Labor Standards Act of 1938, as amended.
PROFESSIONAL CAPACITY. The Agency is a professional who uses his or her own professional and business methods to perform services. The Agency has not and will not receive training from the Client regarding how to perform the Services. However, the Laborer provided by the Agency to the Client to perform the services is unskilled; should the services require a certain level of knowledge that the Client possesses, training may be provided to the Laborer by the Client in order to complete the work.
PROFESSIONAL CAPACITY. The Contractor is an Ohio Department of Developmental Disabilities (▇▇▇▇) Independent Provider Certified by ▇▇▇▇ who uses his or her own professional and business methods to perform services identified in the Individuals’ ISP/IHP. The Contractor must submit a copy of their current ▇▇▇▇ Certification with the signed agreement. The Contractor attest that all initial training requirements have been met as part of the independent provider certification process. The Contractor will receive the Individuals’ ISP/IHP and may request any needed orientation to the Individuals’ specific needs or requirement regarding how to perform the Services. The Recipient will provide the Contractor with major unusual incidents (MUI) and unusual incidents (UIs) training specific to the Recipient. The Recipient will require the Contractor to obtain a BCII check or FBI Background Check according to the Ohio Department of Developmental Disabilities rules.