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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time\
" Does the worker make his or her services available to the general public?
New Hampshire Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Description: The New Hampshire Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legally binding agreement between a company providing snow removal services (referred to as the "Company") and an independent sales representative (referred to as the "Representative"). This contract outlines the terms, conditions, rights, and obligations of both parties in their working relationship, specifically in relation to the selling of snow removal services within a designated exclusive territory within the state of New Hampshire. Keywords: New Hampshire, contract, sales representative, independent contractor, snow removal services, exclusive territory. Types of New Hampshire Contracts with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: 1) Standard New Hampshire Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: This type of contract establishes the general terms and conditions of the independent contractor relationship between the Company and the Representative. It includes provisions regarding compensation, commission structure, territorial exclusivity, non-compete agreements, and duration of the contract. 2) New Hampshire Contract with Exclusive Territory Expansion Option: This type of contract is similar to the standard contract but grants the Representative the option to expand their exclusive territory if certain sales targets are achieved within a specified time period. This incentivizes the Representative to actively promote and sell the snow removal services to potential clients. 3) New Hampshire Contract with Performance-Based Incentives: In this type of contract, the Representative is offered performance-based incentives or bonuses for meeting or exceeding sales targets. These incentives can be in the form of higher commission rates, additional compensation, or other rewards, encouraging the Representative to maximize their efforts in selling the snow removal services. 4) New Hampshire Contract with Non-Exclusive Territory: Unlike the other types of contracts, this variation does not grant the Representative an exclusive territory. Instead, multiple representatives can operate within the same geographical area, promoting healthy competition among them. The contract will outline specific rules and guidelines to ensure fair dealings and prevent conflicts of interest between multiple Representatives. 5) New Hampshire Contract with Renewal Option: This contract variant includes an option for the contract to automatically renew for successive periods if both parties wish to continue the business relationship. It outlines the terms and conditions for the renewal, including any changes in compensation, exclusive territory, or other relevant provisions for the subsequent period. Regardless of the specific type of New Hampshire Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory, it is crucial that both parties carefully review and fully understand the terms before signing. Legal advice should also be sought to ensure compliance with local laws and regulations.
