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.
Kansas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires This agreement is designed to establish a legal and binding contract between the self-employed independent contractor and the owner of a mobile tire repair service in Kansas. The purpose of this agreement is to outline the terms and conditions for providing mobile tire repair services using a designated repair truck. Keywords: Kansas, agreement, self-employed, independent contractor, mobile tire repair service, repair truck, repair tires, terms and conditions. I. Parties Involved: This agreement is made between the self-employed independent contractor and the owner of the mobile tire repair service based in Kansas. II. Scope of Work: The self-employed independent contractor agrees to drive the designated mobile tire repair truck and provide tire repair services to customers across the designated service area within the state of Kansas. The mobile tire repair service may include repairing punctures, replacing tires, wheel balancing, tire rotations, and other necessary tire-related services. III. Term and Termination: The term of this agreement shall commence upon its effective date and continue until either party provides written notice of termination or until the purpose of this agreement has been fulfilled. Either party may terminate this agreement in accordance with the termination clause mentioned within the agreement. IV. Compensation: The compensation for the self-employed independent contractor for providing mobile tire repair services shall be based on a pre-negotiated percentage or a fixed rate per job completed. The contractor shall be responsible for covering any expenses related to the repair truck, tools, and insurance as required by law. V. Responsibilities: a) The self-employed independent contractor shall maintain a valid driver's license and any additional licensing required for operating a mobile tire repair truck within the state of Kansas. b) The contractor shall repair tires in a timely and efficient manner, ensuring customer satisfaction and adherence to safety standards. c) The owner of the mobile tire repair service shall provide necessary equipment and tools for the repair truck, ensuring they are in good working condition. d) The contractor shall keep accurate records of the services provided, including invoices, customer information, and any relevant documentation as required. VI. Confidentiality: Both parties shall maintain the confidentiality of any proprietary information or trade secrets exchanged during the course of this agreement. The contractor shall not disclose or use such information for personal gain or any other purposes outside the scope of this agreement. VII. Indemnity and Insurance: The self-employed independent contractor agrees to indemnify and hold harmless the owner of the mobile tire repair service from any claims, losses, damages, or liabilities arising from the contractor's actions or negligence during the provision of tire repair services. The contractor shall maintain valid insurance coverage as required by law. VIII. Governing Law and Dispute Resolution: This agreement shall be governed by and interpreted in accordance with the laws of the state of Kansas. Any disputes arising between the parties shall be resolved through mediation or arbitration in accordance with the terms mentioned in this agreement. Types of Kansas Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires: 1. Kansas Agreement for Mobile Tire Repair Services — Employment Model: In this type of agreement, the self-employed independent contractor operates as an employee of the mobile tire repair service, receiving regular wages, benefits, and following a fixed work schedule. 2. Kansas Agreement for Mobile Tire Repair Services — Contract-based: This agreement establishes a contractual relationship between the self-employed independent contractor and the mobile tire repair service, where the contractor is responsible for their own taxes, insurance, and work schedule. Note: It is essential to consult with a legal professional while drafting or reviewing such agreements to ensure compliance with local laws and regulations.
