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?
Description: A New York Contract with a Sales Representative as an Independent Contractor aims to establish a comprehensive agreement between a business offering snow removal services and a sales representative who will be responsible for promoting and selling these services in an exclusive territory within New York. This legally binding contract will outline the terms and conditions regarding the arrangement between the two parties, safeguarding the respective rights and responsibilities of the business and the independent sales representative. Key elements included in the New York Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory may consist of: 1. Parties: Identifies the legal names and addresses of the business providing snow removal services (referred to as the "Company") and the independent sales representative (referred to as the "Sales Representative") who will be operating within the prescribed exclusive territory. 2. Term and Territory: Specifies the duration or term of the contract, defining the initial effective period for which the agreement is valid, followed by conditions for renewal or termination. The exclusive territory is clearly outlined, establishing the geographical area in New York where the Sales Representative will be authorized to sell the snow removal services. 3. Scope of Work: Details the responsibilities and obligations of the Sales Representative, including promoting the snow removal services, finding and qualifying potential customers, negotiating contracts, and closing sales within the assigned territory. 4. Compensation: Outlines the compensation structure for the Sales Representative, which may include a base salary, commission, bonuses, or other performance-based incentives. The contract may also specify guidelines on expense reimbursements, such as travel or marketing expenses. 5. Non-Compete and Non-Solicitation: May include clauses restricting the Sales Representative from engaging in a similar business or promoting competing services during the contract term and for a defined period afterward. It may also prohibit the Sales Representative from soliciting or recruiting customers, employees, or contractors of the Company. 6. Confidentiality: Ensures the protection of confidential information shared during the course of the arrangement, preventing unauthorized disclosure of trade secrets, customer lists, marketing strategies, or any other proprietary information. 7. Intellectual Property: Defines the ownership and usage rights of any intellectual property, trademarks, logos, or branding associated with the snow removal services, clarifying whether the Sales Representative has any rights or privileges to use or modify them. 8. Termination: Outlines the conditions under which either party may terminate the contract, including breach of contract, non-performance, or violation of any terms. It may also include provisions for severance, contingencies, or dispute resolution mechanisms. Variations or additional types of New York Contracts with Sales Representatives as Independent Contractors to Sell Snow Removal Services in Exclusive Territories may include differentiated compensation models, varying territory sizes, specific performance targets or quotas, or provisions for exclusivity within certain market segments. Keywords: New York, contract, sales representative, independent contractor, snow removal services, exclusive territory, agreement, business, legal, terms and conditions, rights, responsibilities, parties, term, renewal, termination, scope of work, compensation, non-compete, non-solicitation, confidentiality, intellectual property, termination, variations.
