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 performed, 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.
Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires Introduction: In Idaho, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires is a legally binding document that outlines the terms and conditions for a self-employed individual to provide mobile tire repair services using the owner's truck. This agreement ensures a clear understanding between the parties involved and protects their rights and responsibilities. Key Terms and Conditions: 1. Parties: This agreement is made between the self-employed independent contractor (hereinafter referred to as "Contractor") and the owner of the mobile tire repair service (hereinafter referred to as "Owner"). 2. Scope of Work: The Contractor will be responsible for driving the mobile tire repair truck and providing tire repair services to clients within a designated service area as mutually agreed upon by both parties. 3. Independent Contractor Relationship: It is explicitly stated that the Contractor is an independent contractor and not an employee of the Owner. This agreement does not create any partnership, agency, or employer-employee relationship between the parties. 4. Ownership and Maintenance of Mobile Tire Repair Truck: The Owner shall provide the mobile tire repair truck, fully equipped with the necessary tools and equipment for tire repair. The Owner will also be responsible for the maintenance, repair, and insurance of the truck. 5. Compensation: The Contractor will be compensated on a commission basis, as agreed upon between the parties. The details of the commission structure, payment frequency, and method of payment should be clearly outlined in the agreement. 6. Schedule and Availability: The Contractor shall maintain a flexible schedule to accommodate the demand for mobile tire repair services. Both parties will mutually agree upon the number of hours or days per week the Contractor will be available for work. 7. Safety and Insurance: The Contractor agrees to conduct their work in a safe and professional manner, adhering to all applicable laws and regulations. The Owner will ensure that the mobile tire repair truck is adequately insured and covered for liability, comprehensive, and collision damages. 8. Termination: The agreement may be terminated by either party with prior written notice or upon the occurrence of certain specified events, as outlined in the agreement. The termination clause should also address any potential liabilities or obligations arising from the termination. 9. Confidentiality: Both parties shall maintain the confidentiality of any proprietary or sensitive information obtained during the course of their engagement and shall not disclose or use such information for personal gain or any other unauthorized purpose. 10. Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the state courts of Idaho. Types of Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires: 1. Standard Agreement: This is the most common and generic form of the agreement that covers the essential terms and conditions mentioned above. 2. Customized Agreement: Depending on the specific requirements and circumstances of the parties involved, the agreement can be customized to include additional clauses relevant to their agreement, such as non-compete clauses, territory restrictions, or exclusivity agreements. 3. Renewal Agreement: If the initial agreement is set for a fixed term, parties can decide to renew their agreement by signing a renewal agreement that extends the terms of the original agreement, subject to any modifications or adjustments agreed upon by both parties. In conclusion, the Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires establishes a framework for a mutually beneficial working relationship between a self-employed contractor and the owner of a mobile tire repair service. By clearly defining the terms and expectations, this agreement ensures a smooth operation of the mobile tire repair business in Idaho.Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires Introduction: In Idaho, the Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires is a legally binding document that outlines the terms and conditions for a self-employed individual to provide mobile tire repair services using the owner's truck. This agreement ensures a clear understanding between the parties involved and protects their rights and responsibilities. Key Terms and Conditions: 1. Parties: This agreement is made between the self-employed independent contractor (hereinafter referred to as "Contractor") and the owner of the mobile tire repair service (hereinafter referred to as "Owner"). 2. Scope of Work: The Contractor will be responsible for driving the mobile tire repair truck and providing tire repair services to clients within a designated service area as mutually agreed upon by both parties. 3. Independent Contractor Relationship: It is explicitly stated that the Contractor is an independent contractor and not an employee of the Owner. This agreement does not create any partnership, agency, or employer-employee relationship between the parties. 4. Ownership and Maintenance of Mobile Tire Repair Truck: The Owner shall provide the mobile tire repair truck, fully equipped with the necessary tools and equipment for tire repair. The Owner will also be responsible for the maintenance, repair, and insurance of the truck. 5. Compensation: The Contractor will be compensated on a commission basis, as agreed upon between the parties. The details of the commission structure, payment frequency, and method of payment should be clearly outlined in the agreement. 6. Schedule and Availability: The Contractor shall maintain a flexible schedule to accommodate the demand for mobile tire repair services. Both parties will mutually agree upon the number of hours or days per week the Contractor will be available for work. 7. Safety and Insurance: The Contractor agrees to conduct their work in a safe and professional manner, adhering to all applicable laws and regulations. The Owner will ensure that the mobile tire repair truck is adequately insured and covered for liability, comprehensive, and collision damages. 8. Termination: The agreement may be terminated by either party with prior written notice or upon the occurrence of certain specified events, as outlined in the agreement. The termination clause should also address any potential liabilities or obligations arising from the termination. 9. Confidentiality: Both parties shall maintain the confidentiality of any proprietary or sensitive information obtained during the course of their engagement and shall not disclose or use such information for personal gain or any other unauthorized purpose. 10. Governing Law and Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of Idaho. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the state courts of Idaho. Types of Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires: 1. Standard Agreement: This is the most common and generic form of the agreement that covers the essential terms and conditions mentioned above. 2. Customized Agreement: Depending on the specific requirements and circumstances of the parties involved, the agreement can be customized to include additional clauses relevant to their agreement, such as non-compete clauses, territory restrictions, or exclusivity agreements. 3. Renewal Agreement: If the initial agreement is set for a fixed term, parties can decide to renew their agreement by signing a renewal agreement that extends the terms of the original agreement, subject to any modifications or adjustments agreed upon by both parties. In conclusion, the Idaho Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires establishes a framework for a mutually beneficial working relationship between a self-employed contractor and the owner of a mobile tire repair service. By clearly defining the terms and expectations, this agreement ensures a smooth operation of the mobile tire repair business in Idaho.
