Massachusetts Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement

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An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. 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.

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.

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  • Preview Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement
  • Preview Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement
  • Preview Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement

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FAQ

What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.

The Manager shall have the right and power to contract with third parties for, on behalf of, and in the name of the Company or otherwise bind the Company to the extent permitted pursuant to the terms of this Agreement.

The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor.

Doing Work as an Independent Contractor: How to Protect Yourself and Price Your ServicesProtect your social security number.Have a clearly defined scope of work and contract in place with clients.Get general/professional liability insurance.Consider incorporating or creating a limited liability company (LLC).More items...?

compete is not enforceable in the State of California. Under California Business and Professions Codes, the law prohibits an employer from restraining anyone who is engaged in legal practice or trade. Any existing noncompete agreements in California are considered null and void by courts.

INDEPENDENT CONTRACTORS LIMITED AUTHORITY TO BIND COMPANY. Independent Contractor does not have authority to enter into any business transactions or contracts on behalf of the Company unless specifically authorized in writing in accordance with the provisions set forth herein.

Every independent contractor agreement should feature an indemnity clause. The purpose of this clause is to ensure that the independent contractor will be held liable for any damage or injury resulting from the independent contractor's work performed under the contract.

The president usually has general authority to bind the corporation and the manager usually has general authority to bind the LLC, but you cannot be positive without seeing the bylaws and/or a resolution for the corporation.

Indemnification is a concept whereby one party contractually agrees or is otherwise legally obligated to bear the financial risks of another party. These parties are respectively known as the indemnitor and indemnitee. The construction industry relies on indemnification clauses to manage and transfer risk.

And in fact, under the law, employers cannot be held liable for the acts of their independent contractors. However, just because an employer asserts that a negligent worker is an independent contractor does not shut down the question of employer liability.

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Massachusetts Contract with Independent Contractor to Teach Insurance Courses with Covenant Not to Compete and Confidentiality Agreement