Professional BCBA Contract

PROFESSIONAL BCBA CONTRACT

This Professional BCBA Contract ("Agreement") is entered into as of Effective Date: by and between BCBA Name: , License Number: , Business Address: ("BCBA"), and Client Name: , Client Address: ("Client"). Together BCBA and Client are the "Parties."

RECITALS

WHEREAS, BCBA is a Board Certified Behavior Analyst duly qualified to provide applied behavior analysis services, consultation, assessment, and supervision within the scope of professional practice and applicable law; and

WHEREAS, Client desires to engage BCBA to provide behavior analytic services for the individual(s) identified by the Client and to receive such services subject to the terms and conditions of this Agreement; and

WHEREAS, the Parties wish to set forth the terms, compensation, responsibilities, confidentiality obligations, and other provisions governing the professional relationship between the Parties.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client hereby engages BCBA, and BCBA accepts the engagement, to provide professional behavior-analytic services as described in the Service Plan. BCBA shall exercise independent professional judgment in providing services consistent with applicable standards of practice, licensing requirements, and ethical obligations.

1.2 Services. BCBA will provide the following services:

1.3 Location. Services shall be delivered at the following location(s) or via telehealth as agreed:

2. TERM

2.1 Term. The initial term of this Agreement shall commence on Start Date: and continue through End Date: unless earlier terminated in accordance with Section 10.

2.2 Renewal. This Agreement shall automatically renew for successive periods unless either Party provides written notice of non-renewal at least days prior to the expiration of the then-current term.

3. COMPENSATION

3.1 Fees. Client shall pay BCBA the fees set forth below for services rendered. Hourly rate: per hour. Standard session length: . Travel fee or mileage, if applicable: per mile.

3.2 Additional Services. Services requested that are outside the agreed Service Plan (including additional assessments, report writing, court appearances, or administrative time) will be billed at the hourly rate or at a separately agreed rate and require prior written approval.

4. INVOICING AND PAYMENT

4.1 Invoices. BCBA shall submit invoices to Client on a basis. Each invoice shall itemize dates of service, units of service, and applicable travel or materials charges.

4.2 Payment Terms. Payment is due within days of receipt of invoice. Late payments shall bear interest at the rate of on overdue balances.

5. INDEPENDENT CONTRACTOR STATUS

5.1 Relationship. BCBA is engaged as an independent contractor and not as an employee, partner, or agent of Client. BCBA is solely responsible for all taxes, withholdings, workers' compensation, and any other statutory obligations arising from BCBA's performance.

5.2 Acknowledgement. By checking the box, Client acknowledges BCBA's independent contractor status:

6. CONFIDENTIALITY AND RECORDS

6.1 Confidential Information. BCBA shall maintain in confidence all Client information obtained in the course of providing services, including protected health information, educational records, behavior data, treatment plans, and communications, and shall not disclose such information except as permitted by law or with Client's written authorization.

6.2 Records Retention. BCBA will retain client records for a period of years from the date of the last service or as otherwise required by law. Requests for copies of records shall be honored upon Client's written request and subject to reasonable copying fees.

7. PROFESSIONAL STANDARDS; LICENSURE

7.1 BCBA shall maintain all required credentials, licensure, and certifications and shall provide evidence of such credentials upon Client request. BCBA shall comply with applicable laws, professional codes of ethics, and accepted practice standards in the provision of services.

8. INSURANCE

8.1 Insurance. BCBA represents that BCBA carries professional liability insurance in the amount of per occurrence. Upon reasonable request, BCBA shall provide a certificate of insurance to Client.

9. CANCELLATION AND SCHEDULING

9.1 Cancellation. Client agrees to provide at least hours' notice for cancellations. Failure to provide timely notice may result in a cancellation fee of or the full session fee.

9.2 Rescheduling and Make-up. Make-up sessions are subject to BCBA's availability and mutual agreement; BCBA is not obligated to provide make-up sessions beyond those expressly agreed.

10. TERMINATION

10.1 Termination for Convenience. Either Party may terminate this Agreement without cause upon written notice to the other Party at least days prior to the effective termination date.

10.2 Termination for Cause. Either Party may terminate immediately upon written notice for material breach that remains uncured after a reasonable cure period or for conduct that materially endangers the health or safety of the client or others.

10.3 Effect of Termination. Upon termination, Client shall pay BCBA for all services performed through the effective date of termination and for any non-cancellable commitments made by BCBA in good faith on Client's behalf.

11. INDEMNIFICATION

11.1 Indemnification by Client. Client shall indemnify, defend and hold BCBA harmless from and against any claims, liabilities, losses, damages, and expenses (including reasonable attorney fees) arising out of Client's negligence or willful misconduct in connection with the services.

11.2 Indemnification by BCBA. BCBA shall indemnify and hold Client harmless to the extent BCBA's gross negligence or intentional misconduct causes claims or damages.

12. LIMITATION OF LIABILITY

Except for liability resulting from gross negligence or willful misconduct, neither Party shall be liable to the other for incidental, consequential, punitive, or special damages. BCBA's aggregate liability for any claim arising under this Agreement shall not exceed the total fees paid by Client to BCBA under this Agreement in the six (6) months preceding the claim.

13. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a Party designates by written notice.

14. AMENDMENTS; WAIVER; COUNTERPARTS

14.1 Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.

14.2 Waiver. The failure of either Party to enforce any right shall not constitute a waiver of that right or any other right.

14.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

15.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, and agreements.

15.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ADDITIONAL TERMS

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