An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work peformed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding document outlining the terms and conditions between a self-employed individual and a buyer for the sale of a book. This agreement establishes a business relationship where the independent contractor agrees to create, produce, and sell a book to the buyer in exchange for compensation. In this New Mexico agreement, both parties have the opportunity to protect their rights and clearly define the responsibilities and expectations. The following are essential components typically included in this type of agreement: 1. Identification of parties: The agreement identifies the independent contractor and the buyer, including their legal names, addresses, and contact information. 2. Description of service: It includes a description of the book to be created and sold. Important details such as title, content description, genre, and any specific requirements are mentioned. 3. Compensation: The agreement outlines the compensation structure, including the total fee for the book, payment terms (e.g., whether it will be paid in installments or upon completion), and any additional expenses that may be incurred. 4. Ownership and rights: This section specifies the ownership of the book and any associated intellectual property rights. It should clarify whether the independent contractor retains ownership or transfers it to the buyer upon completion. 5. Delivery and timeline: The agreement sets out the expected completion date for the book, as well as any intermediate milestones or deadlines. It also covers the method of delivery, whether it is digital or physical, and any associated costs or responsibilities. 6. Revisions and modifications: It defines the process for making revisions, changes, or edits to the book, including the number of revisions allowed and the timeline for submission. 7. Confidentiality: If necessary, the agreement may include a confidentiality clause to protect sensitive information shared during the creation and sale of the book. 8. Termination clause: This clause covers the circumstances under which either party can terminate the agreement, including any notice period required. Types of New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book: 1. Single Book Agreement: This is the most common type, where the agreement revolves around a specific book project. It covers all the essential components mentioned above. 2. Multiple Book Agreement: In some cases, an independent contractor may enter into an agreement to create and sell multiple books to the same buyer. This agreement specifies the terms and conditions applicable to all the books collectively. 3. Additional Services Agreement: In addition to writing and selling the book, an independent contractor may provide additional services such as editing, proofreading, or marketing. This type of agreement outlines the terms and compensation for these additional services. By having a clear and comprehensive New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book, both parties can mitigate potential disputes and ensure a successful collaboration. It is recommended to consult with a legal professional when drafting or modifying such agreements to ensure compliance with applicable laws and protect the parties' interests.New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding document outlining the terms and conditions between a self-employed individual and a buyer for the sale of a book. This agreement establishes a business relationship where the independent contractor agrees to create, produce, and sell a book to the buyer in exchange for compensation. In this New Mexico agreement, both parties have the opportunity to protect their rights and clearly define the responsibilities and expectations. The following are essential components typically included in this type of agreement: 1. Identification of parties: The agreement identifies the independent contractor and the buyer, including their legal names, addresses, and contact information. 2. Description of service: It includes a description of the book to be created and sold. Important details such as title, content description, genre, and any specific requirements are mentioned. 3. Compensation: The agreement outlines the compensation structure, including the total fee for the book, payment terms (e.g., whether it will be paid in installments or upon completion), and any additional expenses that may be incurred. 4. Ownership and rights: This section specifies the ownership of the book and any associated intellectual property rights. It should clarify whether the independent contractor retains ownership or transfers it to the buyer upon completion. 5. Delivery and timeline: The agreement sets out the expected completion date for the book, as well as any intermediate milestones or deadlines. It also covers the method of delivery, whether it is digital or physical, and any associated costs or responsibilities. 6. Revisions and modifications: It defines the process for making revisions, changes, or edits to the book, including the number of revisions allowed and the timeline for submission. 7. Confidentiality: If necessary, the agreement may include a confidentiality clause to protect sensitive information shared during the creation and sale of the book. 8. Termination clause: This clause covers the circumstances under which either party can terminate the agreement, including any notice period required. Types of New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book: 1. Single Book Agreement: This is the most common type, where the agreement revolves around a specific book project. It covers all the essential components mentioned above. 2. Multiple Book Agreement: In some cases, an independent contractor may enter into an agreement to create and sell multiple books to the same buyer. This agreement specifies the terms and conditions applicable to all the books collectively. 3. Additional Services Agreement: In addition to writing and selling the book, an independent contractor may provide additional services such as editing, proofreading, or marketing. This type of agreement outlines the terms and compensation for these additional services. By having a clear and comprehensive New Mexico Self-Employed Independent Contractor Agreement for the Sale of Book, both parties can mitigate potential disputes and ensure a successful collaboration. It is recommended to consult with a legal professional when drafting or modifying such agreements to ensure compliance with applicable laws and protect the parties' interests.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
