Agreement between shop and dive professionals

[FlyinV]

Hi,
I volunteered to help my dive shop come up with an agreement so the shop and the new dive professionals both know what to expect from each other. I wondered if any shops could offer me a look at the types of agreements they have between themselves and dive professionals or at least provide 2 cents on things to cover in the agreement.

We have 2 classifications of dive professionals - Instructors that work with this shop only and instructors that are independent and may work for other shops or directly with their own customers. We call them in on occasion to work a "shop only" class when we have too much work.

The agreement would be for instructors who say they want to work exclusively with the shop.

Topics/expectations :
General professionalism and conduct
Class commitment expectations
Use of shop gear and supplies

Promoting/using gear the shop sells
Promoting continuing education
Promoting travel

Benefits:
Discounted dive pro insurance
Payment schedule and rates outlined
Gas fills
Gear Discounts

What am I forgetting to address?

 

[abnfrog]

liability for both ........shop pro or independent.......insurance and who supplies and (pays ?) the assistants

 

[Wookie]

Almost everything. As abnfrog says, liability and insurance requirements, and the other biggie, is the instructor an employee or a contractor? This is not an agreement you volunteer to draw up, this has large tax ramifications and “workman’s comp” issues. These sorts of agreements are drawn up by lawyers who have accountants on staff, not by one of the guys. I’d expect about 6 pages of legalese and Mumbo-Jumbo. I can recommend an outstanding law firm in Houston, but I expect you can find one closer to home.

 

[CAPTAIN SINBAD]

When you say "gas fills" what does that exactly mean? If the instructor is doing his personal "non-teaching dive" on Trimix 25/25 he will be able to get that fill free of charge? Or does it mean as long as you are teaching the class your gas for the class that you teach is free?

 

[boulderjohn]

As abnfrog says, liability and insurance requirements, and the other biggie, is the instructor an employee or a contractor?

You really need to consult a professional about those and other issues. In the first shop for which i worked, the instructors were all classified as contractors. That was a great benefit for the shop, but any idiot looking at the rules could see that they had to be employees. Over several years, the shop tried a couple of changes to make it work, but they eventually had to admit that they were employees.

The big issue for me is making an equitable pay system. That shop tried several ways of paying, and they eventually came up with something that was reasonably fair. The second shop for which I worked must have worked long and hard to come up with the absolute most unfair way to pay instructors, and they refused to change it. They paid a small amount per student for all their classes. Thus a new instructor teaching an OW pool session to 8 students would get paid many times more than a tech instructor taking a couple students through a technical diving program. As the designated advanced instructor for the shop, I usually taught low enrollment classes, and I rarely made minimum wage for my instruction. They could not understand why I would be upset about it.

 

[abnfrog]

right wookie you are governed by a different set of rules , which brings up another thought what if you go teach your students in (or are from ) a different country .....us citizens sue you in a us court regardless of where they are ......and there is always the store saying "not my fault I TOLD HIM /HER to not break standards " when we know stores (unscrupulous ones ) sometimes try to push you to do something that's not right

 

[boulderjohn]

At the second shop I mentioned above, the director of instruction said, "Instructors are a dime a dozen." He said that a new instructor comes by the shop about every other week looking for work. Every one of them is capable of accomplishing the shop's main goal--certifying divers who will buy gear and go on dive trips. If you abuse them with your pay scale, they will eventually get pissed off and leave, and you replace them with the next one who shows up looking for work.

That was their philosophy on dive instruction. If that is your shop's philosophy, then you will follow one path for creating policies. If your shop has a different philosophy, say one that includes the idea of high quality instruction creating skilled divers who are excited about diving and are in for the long haul, then you will follow a different path for creating policies.

Make sure you understand the shop philosophy before you start working.

 

[abnfrog]

good advice , know what you are getting into , but realize as the new guy you'll have to pay your dues

 

[FlyinV]

Good advice in here!
Thanks for your thoughts and experience on the issues!

 

[Fires]

At the second shop I mentioned above, the director of instruction said, "Instructors are a dime a dozen." He said that a new instructor comes by the shop about every other week looking for work. Every one of them is capable of accomplishing the shop's main goal--certifying divers who will buy gear and go on dive trips. If you abuse them with your pay scale, they will eventually get pissed off and leave, and you replace them with the next one who shows up looking for work.

That was their philosophy on dive instruction. If that is your shop's philosophy, then you will follow one path for creating policies. If your shop has a different philosophy, say one that includes the idea of high quality instruction creating skilled divers who are excited about diving and are in for the long haul, then you will follow a different path for creating policies.

Make sure you understand the shop philosophy before you start working.

An interesting take and one I have witnessed many times. On both sides that is. Both these routes work for shops, and as per what has been said, it really comes down to the shop and what they are trying to achieve. I agree with the second method of it being for the long haul and truly believe that is the right way forward. I have seen that work better than anything, but it is a long road getting there. Especially when the competition is following route 1.