Independent-Contractor Terms & Disclaimer
Effective date: [DATE] · Last updated: [DATE]
These terms describe the independent-contractor relationship contemplated by The CRA Union (the “Service,” operated by Philadelphia Pharmaceutical Research, LLC) between a Clinical Research Associate (“CRA”) and a sponsor, CRO, or site (“Sponsor”). They supplement the Terms of Service.
1. Independent contractor, not an employee. A CRA who accepts an engagement does so as an independent contractor. Nothing in the Service creates an employment, agency, partnership, or joint-venture relationship between the CRA and CRA Union, or (unless separately agreed in writing) between the CRA and the Sponsor. CRA Union does not direct or control the manner, means, schedule, or methods by which a CRA performs monitoring work.
2. No employee benefits. Independent-contractor CRAs are not eligible for employee benefits (such as health insurance, paid leave, workers’ compensation, unemployment insurance, or retirement plans) from CRA Union.
3. Taxes & tax reporting. CRAs are responsible for reporting and paying all federal, state, and local taxes on amounts they receive, including self-employment tax. CRA Union and/or its payment processor may collect tax information (e.g. a W-9 or equivalent) and issue information returns (e.g. IRS Form 1099-NEC or 1099-K) where required, and may apply backup withholding if required by law. No income, payroll, or other taxes are withheld by CRA Union except as required by law.
4. Business autonomy & licensure. CRAs control how they perform their work and may provide services to others. CRAs are responsible for their own professional qualifications, GCP and protocol training, certifications, licensure, insurance, tools, and business expenses, and for complying with all applicable regulations (including ICH-GCP and sponsor SOPs where applicable).
5. Engagement terms are between CRA and Sponsor. Rate, scope, sites, visit schedule, and deliverables are negotiated and agreed directly between the CRA and the Sponsor through the Service. CRA Union facilitates the connection, contracting workflow, and payment but is not a party to the engagement.
6. Payment facilitation. For engagements contracted through the Service, the Sponsor pays the CRA’s agreed rate plus the CRA Union fee; the CRA receives their full rate through the Service’s payment processor. Payment for time and expenses is based on work performed and approved through timesheets.
7. Confidentiality & data protection. CRAs agree to the applicable non-disclosure agreement and must protect confidential Sponsor, protocol, and any study information, and must not collect, store, or transmit protected health information (PHI) through the Service.
8. Work product. Ownership of monitoring reports and study deliverables is as agreed between the CRA and the Sponsor (typically the Sponsor owns study work product). CRA Union claims no ownership of engagement deliverables.
9. No authority to bind. A CRA has no authority to bind CRA Union, and (absent separate written agreement) no authority to bind the Sponsor beyond the scope of the agreed engagement.
10. Indemnification & responsibility. Each party is responsible for its own acts and omissions. Responsibility for study conduct and oversight remains with the Sponsor; responsibility for the CRA’s professional performance remains with the CRA.
11. Classification review. The parties acknowledge that worker classification depends on the facts of each engagement and on applicable law, and agree to cooperate to structure engagements consistent with independent-contractor status.