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contracts and service agreements

page last updated 23.04.2009

The Order and its members pride themselves in the quality and professionalism of their ministry. Members of On Call are unpaid volunteers who give of their services freely and willingly but they do need some means of income. This short article is confirmation of the exemplar practice expected of all members regarding accepting payment for work that falls outside of what is accepted as general unpaid daily pastoral ministry and clerical duties.

When members undertake contractual work between themselves and clients, it is important that there is a clear agreement by both parties as to what services are being supplied, in what context, where, when, how, the outcome and whether any costs, fees or expenses are to be incurred by the client. These services are also covered by the Order's Code of Professional Conduct and should be consistent with the Order's Rule, its Child Protection Policy and its Principles and Guidelines.

This will help ensure that the things covered in this form of ministry can be delivered effectively and without misconception, misunderstanding or expectations being raised beyond what is reasonably possible.

 

Fees:

Fees may be due for wedding blessings* and funerals and should be clearly set out with information as to what is included in the fee and whether any other expenses are applicable. These and any form of liability limitation should be agreed at the outset in writing.

It is acceptable to ask for a deposit regarding wedding blessings and this should be received along with a booking form. Final payment should be completed at least two weeks before the date of the wedding blessing to avoid problems with cheques although twenty eight days is recommended.

Fees due for funerals are normally received via the funeral director. Please remember that it is not acceptable to receive or ask for the payment of a due fee in front of mourners. Discretion, sensitivity and professionalism are essential patterns of ministerial behaviour we expect from all our members.

Fees may be due concerning other professional services which individual members offer as highly qualified specialists and should similarly be agreed on a clear basis. These specialist services should additionally be covered under public liability and professional indemnity insurance, and where appropriate, be offered under the guidance/direction/supervision of a relevent governing or accrediting body.

Specialist professional qualifications should reasonably be made available should a client make a request to see them.

Fees should not be solicited nor payment be received or accepted for the normal pastoral work of a priest or minister - this would be regarded by the Order as a serious matter of gross professional misconduct. Freely we have received in Christ and freely we give.

 

Expenses:

As an example, baptisms are not normally subject to a fee under the Order's policy on baptism, but it may be reasonable for members to ask for expenses to be covered by the client if appropriate. Again, initial agreement should be reached as to what is fair in respect of travelling, personal outlay (for example certificates, baptismal candles, etc), sustenance and in some cases, reasonable overnight accommodation where greater travelling distances are involved.

Other services provided by members of the Order may require reasonable expenses to be claimed back from the clients but these should always be agreed beforehand.

It is not appropriate to request expenses to be covered if the client is enduring discernable financial hardship.

 

Donations and gifts:

Sometimes, clients will offer to make a donation, etc, in lieu of a fee or expenses. Some clients may wish to support the general work of the Order or have their donation be channelled towards it's charitable work. It is clearly not acceptable to use this to cover personal expense if that was not the intention of the client.

It is therefore recommended that where donations and gifts are offered that they are received in cheque form with the intended recipient clearly indicated.

It is sometimes the practice of some denominations to take a 'supplementary' collection in the form of cash or envelopes during a service. This is not acceptable practice for members of On Call where a fee has already been agreed for a service, even under the pretext of supporting or enabling ministry in the community, simply on the basis that payment has already been received and should be sufficient.

 

Declaring income and the Inland Revenue:

It goes without saying that all income should be declared.

The scriptural principle is clear - Matthew 21 v 15-21

On Paying Taxes

15Then the Pharisees went out and laid plans to trap him in his words. 16They sent their disciples to him along with the Herodians. "Teacher," they said, "we know you are a man of integrity and that you teach the way of God in accordance with the truth. You aren't swayed by men, because you pay no attention to who they are. 17Tell us then, what is your opinion? Is it right to pay taxes to Caesar or not?"

18But Jesus, knowing their evil intent, said, "You hypocrites, why are you trying to trap me? 19Show me the coin used for paying the tax." They brought him a denarius, 20and he asked them, "Whose portrait is this? And whose inscription?"

21"Caesar's," they replied. Then he said to them, "Give to Caesar what is Caesar's, and to God what is God's."

 

Services:

It is good practice to make and keep notes along with the client when planning services and to summarise and agree the service at the end of discussions.

It is recommended practice to let the client have a duplicate copy of the service and to jointly make notes where agreements and decisions have been reached. (Practical note: the client's copy then effectively becomes the back up copy which can be very useful should the unthinkable happen.)

 

Contact details:

Please make sure that emergency contact details are exchanged and kept with any service details, not only for the clients but also for other parties involved, e.g. venue provider, wedding blessing co-ordinators, best man, godparent, etc, should there be any delay be caused by traffic, vehicle breakdown, an accident or illness.

 

Sample contractual agreement and liability limitations:

Please adapt as necessary but check with your legal consultant.

For your guidance:

Please read carefully, check any details you have given on your booking form and then sign the declaration.

Please remember to keep your celebrant (the person conducting your blessing) informed of any changes or updates.

 

1. A booking requires your agreement with the terms and conditions outlined on this form.

2. A ‘confirmed’ booking will be given precedence over an existing but unconfirmed booking/enquiry.

3. A booking is deemed ‘confirmed’ only when the booking form has been completed and returned with a deposit to the celebrant and has been acknowledged.

4. Your deposit is non refundable unless otherwise agreed.

5. 28 days before the date of the service, the remainder of your agreed service fee should be made payable to the celebrant conducting your service. This supports Christian ministry in the community.

6. You will not be liable for the remaining service fee if you have to cancel your service providing that you inform your celebrant as soon as it becomes known. Full fees apply otherwise.

7. Please note that regardless of circumstances, claims for liability and/or indemnity or other costs against the Order of On Call Clergy or any of its members are limited solely to the refunding of any paid part of the remaining service fee as declared or agreed less your deposit.

8. In the event of your celebrant being unable to conduct your service through illness, accident or other unavoidable circumstances, every attempt will be made to find a replacement celebrant.

9. Please ensure you have entered the correct information on your form, particularly the time, day, date, year and location of your service plus any other relevent information - your booking confirmation is based on the information given on the booking form. Please re-check this information before sending on.

 

Declaration:

I/we have read through and agree to be bound by the terms and conditions as stated.

Signature and date:

Signature and date:

 

Forms:

Some forms are available to members from the Order via e-mail request. Please contact +Ian.

 

Public Liability/Indemnity Insurance:

It is advised that all members involved in the conducting of services are covered by Public Liability/Indemnity Insurance. It is not expensive and your local agents should be able to provide cover for you. It can also be obtained directly from reputable companies over the Internet.

Some venues now insist that third party providers have Public Liability/Indemnity Insurance and may request that a schedule be made available.

 

*It is not appropriate for members of the Order to be involved, directly or indirectly, in the blessing of same sex/civil partnerships.

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