For an Alberta clinic engaging a therapist under a written independent contractor agreement, the clinic should explain that the 40% share represents its general operating and overhead contribution under the agreed fee-splitting arrangement, rather than a fund allocated to specific expenses or individualized marketing services. Unless the agreement states otherwise, the clinic is not necessarily required to itemize how that share is spent or demonstrate a specific marketing return for each practitioner. The explanation should accurately reflect the services and resources the clinic provides and avoid implying that individual promotion is included if it has not been promised.

Regarding the practitioner’s request for reports from recent and previous marketing campaigns, the clinic should first review the existing agreement and any related communications to determine whether it has committed to providing campaign information or individualized reporting. If no such obligation exists, the clinic can generally explain that practitioner-specific campaign reports are not included in the current arrangement and that it does not undertake to produce historical reports on request. However, the clinic may choose to share a high-level summary or selected aggregate results as a goodwill measure, provided the information is available and its disclosure does not compromise confidential business information or client privacy.

I would recommend clarifying the agreement for future engagements and, where appropriate, amending existing agreements by mutual agreement. The agreement should expressly state that the clinic retains 40% of collected fees as a general operating and overhead share, that this amount is not earmarked for particular expenses, and that general marketing activities are undertaken at the clinic’s discretion. It should also clarify that individualized promotion, campaign-specific analytics, and historical reporting are not included unless separately agreed upon in writing. Any additional marketing or reporting services should have clearly defined deliverables, fees, and expectations.

The independent contractor arrangement makes clear documentation particularly important, but simply labelling the therapist an independent contractor does not determine their legal status. Alberta authorities consider the actual working relationship, including the degree of control, financial risk, and independence of the practitioner’s business. The agreement should accurately reflect the parties’ practices and address relevant professional, confidentiality, and privacy obligations. Depending on the clinic’s circumstances and the information involved, Alberta’s health-information and private-sector privacy legislation may also apply.

I would recommend responding professionally by explaining the purpose of the 40% share, confirming that individual marketing and campaign reporting are not part of the existing agreement if that is accurate, and offering general campaign information only where appropriate. Before refusing the request categorically or revising the agreement, the clinic should have Alberta legal counsel review the existing terms and related communications to confirm its obligations and ensure the proposed wording accurately reflects the arrangement.

-HRInsider Staff