Associate Agreement Checklist
Items That Should Be Addressed in an Associate Agreement · 109 Items Across 12 Sections
This checklist does not determine whether the document is good or bad. It identifies whether major issues have been addressed clearly enough for the parties to understand their obligations. Mark Yes when the item is addressed clearly and specifically. Mark No when the item is not addressed. Mark Not Clear when the item appears to be addressed but the language is vague, incomplete, ambiguous, or needs additional explanation. Any No or Not Clear item should be addressed in writing before the document is finalized.
0 of 109 items reviewed (0%)
Yes: 0No: 0Not Clear: 0
01PARTIES, ROLE, AND STATUS
▼1The legal name of the employing practice or organization is stated.
2The associate's legal name is stated.
3The associate's status as employee or independent contractor is stated.
4The primary work location is stated.
5Any additional locations where the associate may work are stated.
6The associate's title and clinical role are stated.
7The expected start date is stated.
8The agreement states the consequences if any required license, permit, registration, or credentialing status is suspended, restricted, delayed, or not renewed.
02SCHEDULE AND AVAILABILITY
▼9The expected work days are stated.
10The expected work hours are stated.
11The agreement states whether the schedule may be changed and by whom.
12The agreement states whether weekend, evening, emergency, or on-call coverage is required.
13The agreement states whether paid time off is provided.
14The agreement states how vacation or time off is requested and approved.
15The agreement states how holidays are handled.
16The agreement clearly states whether the associate may perform clinical work outside the practice.
17Any restriction on outside clinical work clearly defines required consent, location, time period, and type of work.
03COMPENSATION, GUARANTEE, AND PAYMENT
▼18The agreement states whether regular compensation is based on gross production, adjusted production, collections, salary, daily rate, hourly rate, or a combination.
19If compensation is production based, production is defined.
20If compensation is adjusted production based, adjustments are defined.
21If compensation is collections based, collections are defined.
22The agreement states the amount of any daily or base guarantee.
23The agreement states whether any daily or base guarantee continues for the entire employment term.
24Any minimum production expectation is stated.
25The agreement states how often compensation is paid.
26The agreement states how collections received after treatment is performed are handled in the associate's compensation.
27The agreement states whether the practice may change the compensation formula, and if so, how much advance written notice is required.
04COMPENSATION ADJUSTMENTS AND PLAN-BASED PATIENTS
▼28The agreement states how insurance write-offs affect compensation.
29The agreement states how refunds, credits, chargebacks, write-offs, patient adjustments, negative adjustments, and collection reversals affect compensation, including whether they can reduce future compensation.
30The agreement states whether lab fees are deducted from the compensation base.
31The agreement states whether supplies, implant parts, aligner lab costs, or other case costs are deducted from the compensation base.
32The agreement states whether hygiene exams are included in the associate's compensation calculation.
33The agreement states whether services performed by hygienists or other dental auxiliaries under the associate's supervision are included in the associate's compensation calculation.
34The agreement states how treatment provided to patients covered by capitation, membership plans, or other plan-based payment models is credited in the associate's compensation calculation.
05BONUSES, DRAWS, AND REPAYMENT
▼35The agreement states how any bonus or incentive compensation is calculated and paid.
36Any discretionary bonus is identified as discretionary.
37Any draw against future compensation is defined.
38Any signing bonus is stated.
39Any moving or relocation assistance is stated.
40Any repayment obligation for bonus or relocation money is stated.
41Any repayment obligation is prorated or otherwise clearly calculated.
42The agreement states whether repayment applies if the practice terminates the associate without cause.
06CLINICAL DUTIES AND AUTONOMY
▼43The agreement states which procedures the associate is expected to perform.
44The agreement states which procedures the associate is not permitted to perform.
45The agreement states whether certain procedures must be referred to in-house specialists.
46The agreement states whether the associate has clinical discretion in diagnosis and treatment planning.
47The agreement states whether the associate must follow practice clinical protocols.
48The agreement states who approves treatment plans if approval is required.
49The agreement states how patient assignment is handled.
50The agreement states how new patients are distributed among doctors.
51The agreement states how emergency patients are assigned.
52The agreement states how existing patients are reassigned when doctors change.
53The agreement states how remakes, redo treatments, refunds, and failed treatment are handled.
54The agreement states whether the associate is financially responsible for remakes or refunds.
07SUPPORT, FACILITIES, AND TEAM
▼55The agreement states what operatories, equipment, instruments, materials, and staff support will be provided.
56The agreement states whether the associate will have dedicated or shared assistants.
57The agreement states whether hygienists, treatment coordinators, or administrative support will be available.
58The agreement states who controls staffing levels.
59The agreement states who chooses laboratories, materials, implant systems, aligner systems, and technology platforms.
60The agreement states whether the associate may request certain materials or labs.
61The agreement states how charting, documentation, treatment notes, and record completion are expected to be handled.
62The agreement states whether the associate must participate in meetings, training, huddles, or management activities.
08INSURANCE, LICENSES, AND PROFESSIONAL COSTS
▼63The agreement states who pays for malpractice insurance.
64The agreement states whether malpractice coverage is claims-made or occurrence-based.
65The agreement states who pays for tail coverage if required.
66The agreement states who pays for license renewal fees.
67The agreement states who pays for required registrations, permits, or clinical authorizations if applicable.
68The agreement states who pays for professional dues or memberships if any are required.
69The agreement states who pays for continuing education.
70Any continuing education allowance is stated.
71The agreement states whether CE time is paid or unpaid.
72The agreement states whether CE reimbursement must be repaid if the associate leaves within a certain period.
09COMPLIANCE AND CONDUCT
▼73The agreement states that the associate must comply with applicable laws, regulations, and board rules.
74The agreement states documentation expectations.
75The agreement states confidentiality obligations during and after employment.
76The agreement states patient privacy obligations.
77The agreement states social media, review response, advertising, or public communication expectations if relevant.
78The agreement states whether the associate may use patient images, testimonials, or case photos.
79The agreement states what conduct may lead to immediate termination.
10RESTRICTIVE COVENANTS AND PATIENT RELATIONSHIPS
▼80Any non-compete restriction is stated with duration, geography, and scope.
81Any non-solicitation restriction is stated with duration and scope.
82The agreement states whether the associate may treat former patients after leaving.
83The agreement states whether the associate may contact former patients after leaving.
84The agreement states whether the associate may solicit staff after leaving.
85The agreement states whether the associate may solicit referral sources after leaving.
86The agreement states who owns patient records.
87The agreement states how patient record requests are handled after the associate leaves.
88The agreement states whether the associate may access records after leaving for board, malpractice, or continuity reasons.
89The agreement states how patient abandonment and continuity of care are handled at separation.
11TERM, TERMINATION, AND SEPARATION
▼90The agreement states the term of the relationship.
91The agreement states whether there is a probationary period.
92The agreement states termination rights for both parties.
93The agreement states notice requirements for both parties.
94The agreement states whether notice periods are the same or different for each party.
95The agreement states termination for cause events.
96The agreement states termination without cause rights.
97The agreement states whether an opportunity to cure applies to certain matters.
98The agreement states what happens to unpaid compensation after separation.
99The agreement states how post-separation collections are calculated and paid.
100The agreement states whether compensation is forfeited if the associate leaves before a payment date.
101The agreement states return obligations for keys, devices, records, passwords, equipment, and property.
12OWNERSHIP OR BUY-IN DISCUSSIONS
▼102Any ownership opportunity is written rather than only verbal.
103The agreement states whether ownership is guaranteed, optional, conditional, or merely a future possibility.
104The agreement states the timeline for any buy-in discussion or offer.
105The agreement states the valuation method if ownership is contemplated.
106The agreement states the percentage or range of ownership that may be offered if ownership is contemplated.
107The agreement states conditions the associate must meet before ownership is considered.
108The agreement states whether practice financial information will be shared if ownership is contemplated.
109The agreement states whether the associate has any right of first refusal, option, or purchase right.
A downloadable, interactive version is available on the Publications page at DDS Private Capital: www.ddsprivatecapital.com/publications
This checklist is for educational purposes only and is not legal advice. Consult a qualified attorney before relying on any agreement.
© 2026 DDS Private Capital. All rights reserved.
This checklist is for educational purposes only and is not legal advice. Consult a qualified attorney before relying on any agreement.
© 2026 DDS Private Capital. All rights reserved.