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.
A Michigan Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events is a legal document that outlines the terms and conditions of the working relationship between a bartender and a business that provides bartending services for parties and special events in the state of Michigan. This agreement ensures clarity and mutual understanding between the parties involved, protecting both the bartender's rights as an independent contractor and the business's interests. Keywords: Michigan Agreement, Bartender, Independent Contractor, Business, Supplies, Parties, Special Events Types of Michigan Agreements Between a Bartender — as an Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events may include: 1. General Agreement: This type of agreement establishes the overall working relationship between the bartender and the business, covering essential aspects such as scope of services, compensation, payment terms, duration of the agreement, and termination conditions. 2. Confidentiality and Non-Disclosure Agreement: If the bartender has access to confidential information about the business, clients, or trade secrets, both parties may opt for a separate confidentiality agreement to protect sensitive information from disclosure or misuse. 3. Indemnification Agreement: In some cases, the business may require the bartender to sign an indemnification agreement. This agreement ensures that the bartender takes responsibility for any actions that result in harm, damage, or legal claims during their service at parties or special events. 4. Liability Waiver Agreement: For certain events where potential risks are involved, such as serving alcoholic beverages, the business may request the bartender to sign a liability waiver. This agreement releases the business from liability and holds the bartender accountable for any injuries or damages that may occur during the service. 5. Intellectual Property Agreement: If the bartender creates any original recipes, cocktail menus, or other intellectual property during their service, the business might include an intellectual property agreement to secure ownership rights over these creations. It is essential for both the bartender and the business supplying bartenders to parties and special events to carefully review and negotiate these agreements to ensure they adequately protect their interests, maintain legal compliance, and foster a successful working relationship.
