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.
The New Hampshire Real Estate Salesman Independent Contractor Agreement is a legally binding document that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the state of New Hampshire. This agreement ensures that both parties understand their roles, responsibilities, and rights regarding the sale and marketing of real estate properties and loans. It serves as a framework to protect the interests of both the salesman and the loan broker, while also fostering a mutually beneficial relationship. Keywords: New Hampshire, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, roles and responsibilities, rights, sale, marketing, properties, loans, protect interests, mutually beneficial relationship. Different types of New Hampshire Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Commission-Based Agreement: This type of agreement outlines the commission structure, payment terms, and conditions, along with the specific responsibilities of the real estate salesman in generating sales and bringing customers to the real estate loan broker. 2. Exclusive Agreement: In this agreement, the real estate salesman is exclusively contracted to the real estate loan broker, meaning they cannot represent or engage with any other loan brokers or competitors during the duration of the agreement. It may also include provisions on non-compete clauses. 3. Non-Exclusive Agreement: This type of agreement allows the real estate salesman to work with multiple loan brokers simultaneously, providing them with the freedom to expand their business network and increase potential sales opportunities. 4. Marketing and Advertising Agreement: This agreement may focus on the specific marketing and advertising efforts to be undertaken by both parties to effectively promote real estate properties and loans. It defines roles, responsibilities, and financial obligations related to marketing campaigns, advertising materials, and promotional strategies. 5. Term Agreement: This agreement specifies the duration of the contract between the real estate salesman and the real estate loan broker. It covers specific start and end dates, as well as provisions for renewal, termination, or extension. 6. Indemnification Agreement: This agreement focuses on indemnifying and holding harmless both the real estate salesman and the real estate loan broker in case of any legal disputes, claims, or damages arising from their professional activities and interactions with clients. 7. Confidentiality Agreement: This type of agreement ensures that all confidential and proprietary information shared between the real estate salesman and the real estate loan broker remains protected and cannot be disclosed to any third parties without proper authorization. 8. Dispute Resolution Agreement: This agreement establishes the procedure for resolving any disputes or disagreements that may arise between the real estate salesman and the real estate loan broker, aiming to avoid costly litigation and promote amicable settlements. Keywords: commission-based agreement, exclusive agreement, non-exclusive agreement, marketing and advertising agreement, term agreement, indemnification agreement, confidentiality agreement, dispute resolution agreement.The New Hampshire Real Estate Salesman Independent Contractor Agreement is a legally binding document that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the state of New Hampshire. This agreement ensures that both parties understand their roles, responsibilities, and rights regarding the sale and marketing of real estate properties and loans. It serves as a framework to protect the interests of both the salesman and the loan broker, while also fostering a mutually beneficial relationship. Keywords: New Hampshire, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, roles and responsibilities, rights, sale, marketing, properties, loans, protect interests, mutually beneficial relationship. Different types of New Hampshire Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Commission-Based Agreement: This type of agreement outlines the commission structure, payment terms, and conditions, along with the specific responsibilities of the real estate salesman in generating sales and bringing customers to the real estate loan broker. 2. Exclusive Agreement: In this agreement, the real estate salesman is exclusively contracted to the real estate loan broker, meaning they cannot represent or engage with any other loan brokers or competitors during the duration of the agreement. It may also include provisions on non-compete clauses. 3. Non-Exclusive Agreement: This type of agreement allows the real estate salesman to work with multiple loan brokers simultaneously, providing them with the freedom to expand their business network and increase potential sales opportunities. 4. Marketing and Advertising Agreement: This agreement may focus on the specific marketing and advertising efforts to be undertaken by both parties to effectively promote real estate properties and loans. It defines roles, responsibilities, and financial obligations related to marketing campaigns, advertising materials, and promotional strategies. 5. Term Agreement: This agreement specifies the duration of the contract between the real estate salesman and the real estate loan broker. It covers specific start and end dates, as well as provisions for renewal, termination, or extension. 6. Indemnification Agreement: This agreement focuses on indemnifying and holding harmless both the real estate salesman and the real estate loan broker in case of any legal disputes, claims, or damages arising from their professional activities and interactions with clients. 7. Confidentiality Agreement: This type of agreement ensures that all confidential and proprietary information shared between the real estate salesman and the real estate loan broker remains protected and cannot be disclosed to any third parties without proper authorization. 8. Dispute Resolution Agreement: This agreement establishes the procedure for resolving any disputes or disagreements that may arise between the real estate salesman and the real estate loan broker, aiming to avoid costly litigation and promote amicable settlements. Keywords: commission-based agreement, exclusive agreement, non-exclusive agreement, marketing and advertising agreement, term agreement, indemnification agreement, confidentiality agreement, dispute resolution agreement.
