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.
The Guam Self-Employed Independent Contractor Agreement for the Sale of Book is a legal document that outlines the terms and conditions between a self-employed individual in Guam (the Contractor) and a party interested in purchasing the rights to sell or distribute their book (the Buyer). This comprehensive agreement ensures both parties are protected and outlines their rights and obligations in the book sale transaction. Keywords: Guam, self-employed, independent contractor agreement, sale of book, legal document, terms and conditions, self-employed individual, rights, purchase, distribute, comprehensive agreement, protected, obligations, transaction. Different types of Guam Self-Employed Independent Contractor Agreements for the Sale of Book may include: 1. Standard Agreement: This is the most common type of agreement used for book sales in Guam. It covers the basic terms and conditions required for the sale of a book by a self-employed individual. 2. Exclusive Distribution Agreement: This agreement is used when the self-employed individual grants exclusive rights to the buyer for distributing and selling their book within a specific market or territory in Guam. It ensures that the buyer has sole control over the distribution and sales of the book, offering them a competitive advantage. 3. Non-Exclusive Distribution Agreement: In contrast to the exclusive distribution agreement, this type of agreement allows the self-employed individual to enter into multiple distribution contracts with different buyers in Guam. It provides more flexibility for the self-employed individual by allowing them to broaden their distribution channels. 4. Royalty Agreement: This type of agreement establishes the royalty terms that the self-employed individual will receive from the buyer for each sale of their book. It outlines the percentage or amount that the contractor will be paid as compensation for each copy sold, ensuring a fair and transparent payment structure. 5. Print-on-Demand Agreement: This agreement is specifically designed for authors who utilize print-on-demand services in Guam. It details the terms and conditions for the printing and distribution of their book, ensuring their rights are protected throughout the process. By selecting the appropriate type of agreement, self-employed individuals in Guam can ensure a smooth and legally sound transaction for the sale of their book, allowing them to protect their rights and receive fair compensation for their work.
